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HomeMy WebLinkAboutZBA-03/05/1987APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 111::J71 TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, MARCH 5, 1987 A Regular Meeting of the Southold Town Board of Appeals wss held on THURSDAY, MARCH 5, 1987 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr.; Robert J. Douglass; Charles Grigonis, Jr.. Absent was: Joseph H. Sawicki. Also present were: Victor Lessard, Building-Department Administrator; Linda Kowalski, Board Secretary, and approximately 25 persons in the audience at the beginning of the meeting. Chairman Goehringer opened the meeting and proceeded with the first public hearing on the agenda, as follows. (The verbatim transcripts of all the hearings have been prepared under separate cover and filed with the Town Clerk's Office for reference.) 7:38 p.m. Recessed Hearing was continued and concluded in the Matter of Appeal No. 3590. Addition to nonconforming dwelling in excess of 50% of its fair value. 265 Rochelle Place, Mattituck. Motion was made following the hearing, by Chairman Goehringer, seconded by Member Grigonis, to conclude (close) the hearing, pending delibera- tions. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Grigonis and Douglass. (Member Sawicki was absent.) Appl: T. & C. ZIMMERMAN. 7:40 p.m. Public Hearing was held and concluded in the Matter of Appeal No. 3603 JAMES CROSS. (See verbatim transcript for statements.) Follow- ing the hearing, motion was made by Chairman Goehringer, seconded by Member Grigonis, to Southold Town Board of Appeals -2- March 5, 1987 Regular Meeting (Public Hearings, continued:) conclude (close) the hearing pending deliberations. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Doyen. (Member Sawicki was absent.) 7:45 p.m. Public Hearing was held and concluded in the Matter of the Appl. of CAROL BARTHOLOMEW, Special Exception #3610 for "Bed and Breakfast" use. 7015 Wickham Avenue, Mattituck. (See verbatim transcript of hearing.) Following the hearing, motion was made by Chairman Goehringer, seconded by Member Douglass, to conclude (close) the hearing, pending deliberations. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) 7:50 p.m. CORRESPONDENCE: Richard G. ~is Mr. PIKE. The Chairman was authorized and directed to send a response Mr. Endris advised that without a formal application, after proper notices, etc., the Board is without authority to reconsider, amend, modify, deny, change, approve, rescind, withdraw, or take any other action concerning a decision previously rendered. Substantial new evidence must be presented to reopen the case, and New York Town Law, Section 267 indicates that an unanimous vote of the board members must be adopted before a rehearing is held. Motion made by Chairman Goehringer, seconded by Member Grigonis, and duly carried. Public Hearing was held and concluded in the Matter of Appeal No. 3612 PHILIP AND ELLEN BELLOMO. Addition at rear of dwelling with insufficient se~ack from wetlands along Great Pond (as revised). 7455 Sound- view Avenue, Southold. (See verbatim transcript for statements.) Following the hearing, motion was made by Chairman Goehringer, seconded by Mr. Douglass, to conclude (close) the hearing, pending deliberations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) Letter received February 24, 1987 from for reconsideration of Appeal No. 3402 - EMILIA to APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the following Meetings of the Southold Town Board of Appeals: August 14, 1986 and February 5, 1987. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -3- March 5, 1987 Regular Meeting QUESTIONNAIRE AND INS.TRUCTION SHEET, AS AMENDED. On motion by Chairman Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to authorize and direct that the questionnaire and instruction sheet as amended be included in all application packets to applicants. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) CORRESPONDENCE: Appeal No. 3581. Letter received February 19, 1987 fr~m Mr. George D. Damien. Motion was made by Chairman Goeh- ringer, seconded by Member Grigonis, concurring with the Chairman's March 9, 1987 response and indicating that the application is incomplete, pending receipt of either a waiver of approval, or other action, under Article 6 of the Suffolk County Sanitary Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) NEW APPLICATION: Appeal No. 3617 MICHAEL TOFFALES. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to re-confirm that this matter is temporarily held in abeyance pending receipt of proper Notification to Adjoining Property Owners, affidavit of mailing and certified mail receipts from the applicant. Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) PUBLIC HEARING: Appeal No. 3511 - KAPELL REAL ESTATE INC. and L~PET CORP~ The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing and appeal application. David Kapell spoke in behalf of the applicants. (See verbatim transcript for statements.) Following the hearing, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to conclude (close) the hearing, pending deliberations. Southold Town Board of Appeals -4- March 5, 1987 Regular Meeting At this point in time, Judge Joseph Snellenburg was advised by the Board that a postponement of his hearing was requested by the attorney for Mr. and Mrs. D. Dean, adjoining property owners, to due hospitalization of Mr. Dean. Mr. Snellenburg agreed to a postponement until on or about April 30th. The Chairman indicated he would open the hearing at the appropriate time in the event persons appeared who would like to be heard at this time rather than April 30th. 8:10 p.m. Appeal No. 3608 - RICHARD F. MULLEN, JR. Public Hearing was held and concluded. J. Kevin McLaughlin, Esq. and Mr. Richard Mullen, Jr. appeared and spoke in behalf of the application. (See verbatim transcript for statements.) Follow- ing the hearing, motion was made by Mr. Goehringer, seconded by Mr. Douglass, to conclude (close) the hearing, pending delibera- tions. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent. 8:30 to 8:35 p.m. Temporary break. 8;36 p.m. Motion was made by Member Grigonls, seconded by Chairman Goehringer, to reconvene the meeting and proceed with the next public hearing. Vote of the Board: Ayes: All. (Member Sawicki was absent.) 8:37 p.m. Public Hearing was held in the Matter of Appeal No. 3611 - RAYMOND AND ELEANOR KERESTER. Patricia C. Moore, Esq. of the Law Offices of Edson and Bruer spoke in behalf of the application. The Board requested a survey or site plan be prepared deleting the wetland areas indicated in the recent communciations of the Suffolk County Health Department which appear to be within the "building envelopes" and right-of-way areas. (See verbatim transcript.) Following testimony, motion was made by Mr. Goehringer, seconded by Mr. Douglass, to recess the hearing until our APRIL 2, 1987 REGULAR MEETIN_~G. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) Southold Town Board of Appeals -5- March 5, 1987 Regular Meeting PENDING DECISION: Appeal No. 3595: Application of DONALD J. GRIM for a Variance to the Zoning Ordinance, Article IX, Section 100-90, 100-93, Bulk Schedule, for permission to con- struct two-story building for office use incidental to principal use of the premises with an insufficient frontyard setback in this "C-I" Heavy Industrial Zoning District. Location of Property: Lot No. 2, Minor Subdivision No. 450; South Side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. lO00-83-O03-part of Lot 4.4. Containing 4.59 acres. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of DONALD J. GRIM under Applica- tion No. 3491; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Variance from the Provisions of Article IX, Sections 100-90 and 100-93, Bulk Schedule, of the Zoning Code for permission to locate and construct 30' by 40' wide building for office use incidental to the established commercial use of the premises. 2. The setbacks of the proposed building are: (a) 35 feet from the front property line [along Oregon Road]; (b) 40 feet from the west side property line, (at its closest points). 3. The premises in question is located in the "C-l" Heavy Industrial Zoning District, contains an area of 4.5913 acres (or 199,997 sq. ft.) with frontage along the south side of Oregon Road of 362.05 feet and is identified on the Suffolk County Tax Maps as District 1000, Section 083, Block 03, part of 4.4. The Southold Town Board of Appeals -6- March 5, 1987 Regular Meeting (Appeal No. 3595 - GRIM, decision, continued:) subject parcel is referred to as Lot #4 of Pending Minor Subdivision No. 450 of L.B. Glover before the Southold Town Planning Board. 3. Under Application No. 3491, conditionally grnated by this Board the existing trucking business (Oak a Special Exception was on June 25, 1986 concerning Street Trucking). 4. Article IX, Section 100-93, Bulk Schedule of the Zoning Code requires a minimum frontyard setback in this zoning district of 150 feet. In viewing the setbacks of existing principal struc- tures in the immediate area, the board finds that a setback at not less than 35 feet would not be unreasonable. It is understood that the use of this building will be strictly for the office operation of the trucking establishment. 5. It is also the understanding of this board that the project in question will not violate any other provisions of the zoning code and will not be used for any secondary or unrelated business other than that established under Special Exception #3491. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is not unreasonable; (b) the circumstances are unique; (c) the relief requested is not substantial in relation to those structures existing in the area; (d) there will be no substantial change in the char- acter of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a Variance for permission to locate 30' by 40' building for office use incidental to the present use of the premises (as approved under Special Exception No. 3491), BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building be no closer than 35 feet to the front property line [along Oregon Road]; Southold Town Board of Appeals -7- March 5, 1987 Regular Meeting (Appeal No. 3595 GRIM, decision, continued:) 2. The building be no closer than 50 feet to the west property line; 3. The building be used for office use incidental to the existing principal business operation (now Oak Street Trucking) established under Special Exception No. 3491. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Member Sawicki was absent.) tion was duly adopted. Grigonis, This resolu- PENDING DECISION: Appeal No. 3597: Application of ROBERT AND HELEN DIER for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to estab- lish "Accessory Apartment" in existing garage area in accordance with the requirements of Subsection 15 thereof. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of ROBERT AND HELEN DIER under Appl. No. 3597; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, applicants request a Special Exception to the Zoning Code, Article III, Section lO0-30(B) for approval of an accessory apartment. Southold Town Board ot ~ppeals -8- March 5, 198~ Regular Meeting (Appl. No. 3597 - DIER decision, continued:) 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of 27,500± sq. ft. with frontage along the east side of Terry Lane of 100 feet. The subject premises is improved with a single-family, split-level frame house with attached garage structure and more particularly shown on sketch prepared by the applicants under consideration. 3. Article III, Section lO0-30(B), subsection (15) of the Zoning Code conditionally permits by Special Exception from the Board of Appeals, "...One (1) accessory apartment in an existing one-family dwelling .... " 4. The accessory apartment requested by this application is shown to be on the second floor of the existing structure over an established garage area. The size of the accessory apartment is 780± sq. ft. The total liveable floor area of the existing one-family dwelling contains approximately 3,040 sq. ft. (2260 sq. ft. in the split-level area and 780± sq. ft. over the garage area). The applicants are the owners of the existing dwelling and presently occupy and must continue to occupy one of the dwelling units as the owner's principal residence. 5. It is also noted for the record that Certificate of Occupancy No. Z7701 dated June 6, 1977 was issued to Robert Dier for a "private one family dwelling and garage'' pursuant to Building Permits No. 6382Z and 7395Z concerning this property. Also submitted is a copy of the Suffolk County Department of Health Services sewage disposal and water supply facilities under Ref. No. S0-1304 dated March 3, 1977. 6. In making this determination, it shall be understood that this project will not violate any building or zoning code regulations and accordingly must be established in accordance with all the requirements of Section lO0-30(B), Subsections (15a through p), and other applicable regulations. In considering this application, the board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through Il] of Article XII, Section lO0-121(C)[2] of the Zoning Code in making this determination. Southold Town Board of Appeals -9- March 5, 1987 Regular Meeting (Appl. No. 3597-- DIER decision, continued:) Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a Special Exception for approval of the creation of an Accessory Apartment as provided in Article III, Section 100-30(B)[15] of the Zoning Code, applied under Appl. No. 3597 in the Matter of ROBERT AND HELEN DIER, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The area proposed for an accessory apartment must remain attached and a part of the principal building; 2. The existing garage area shall not be converted for sleeping or living quarters; 3. The accessory apartment shall be established on the second floor (over the garage area), as proposed; 4. The accessory apartment must meet all N.Y.S. Building Construction Code requirements for such accessory apartment use/unit on a second floor, as approved by the Building Department; 5. Compliance of Subsections (a) through (p) of Article III, Section 100-30(B)[15] of the Zoning Code, to wit: (a) The accessory apartment shall be located in the" principal building; (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years; not less area; (c) The existing one-family dwelling shall contain than sixteen-hundred [1600] sq. ft. of liveable floor (d) The accessory apartment shall contain not less than four-hundred fifty (450) sq. ft. of liveable floor area; [40%] unit; (e) The accessory apartment shall not exceed forty percent of liveable floor area of the existing dwelling (f) A minimum of three off-street parking spaces shall be provided; Southold Town Board of Appeals -10- March 5, 1987 Regular Meeting (Appl. No. 3597 DIER decision, continued:) (g) Not more than one [1] accessory apartment shall be permitted on this lot; (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code; (i) The exterior entry to the accessory apartment shall to the maximum extent possible retain the existing exterior appear- ance of a one-family dwelling; (j) All except for access foundation; exterior alterations to the existing building, to the apartment, shall be made on the existing (k) Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of the owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur; (1) All conversions subject to inspection and approval of the Building Inspector and renewal of Certificate of Occupancy annually; (m) The building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January l, 1984; (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold; (o) Notwithstanding the provisions of Section lO0-30(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment; (p) Suffolk County Health Department water and sewage system approvals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -ll- March 5, 1987 Regular Meeting PENDING DECISION: Appeal No. 3601: Application of MARGARET AND JOSEPH BEST for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at the southerly side of existing dwelling with an insufficient setback from bulkhead along tidal water area, and to Section 100-31, Bulk Schedule, for an insufficient setback from the rear property line, at premises located along the south side of a private right-of-way (extending off the east side of Camp Mineola Road), Mattituck, NY; County Tax Map Parcel No. 1000-123-06-17. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of MARGARET AND JOSEPH BEST under Appeal No. 3601; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for Variances from the Zoning Code Article XI, Section 100-119.2 and Article III, Section 100-31, Bulk Schedule, for permission to extend dwelling addition at the rear of the existing two-story frame dwelling from 12 feet to 14 feet leaving an insufficient setback at not less than 29 feet from the bulkhead. The setback of the existing dwelling structure, without addition, is shown to be at 43 feet. The addition is proposed for a heated porch and additional kitchen area. 2. The premises in question is a described parcel containing a total area of 1.3± acres, with 89 ft. frontage along the private right-of-way and an average depth of 597 feet to the rear property line along Peconic Bay. The subject premises is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 17, and is improved with the following struc- tures: (a) two-story frame dwelling, overall dimensions 36.4' Southold Town Board of Appeals -12- March 5, 1987 Regular Meeting (Appeal No. 3601 - MARGARET AND JOSEPH BEST, decision, rendered:) by 36', set back from the existing wood bulkhead 43± feet; (b) one-story 20' by 32' accessory cottage structure, set back 132± feet from the bulkhead; (c) 8.3' by 12.3' accessory framed shed set back 2.8 feet at its closest point from the easterly side property line; (d) 12.2' by 20.2' framed accessory stable struc- ture set back 21.7 feet at its closest point from the easterly side property line. 3. Article XI, Section 100-119.2, subparagraph B, requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 4. By action taken by this Board December ll, 1986 under Appeal No. 3571, a 12' by 33' addition at the rear (south) end of the existing dwelling was granted, for a setback of not less than 31 feet. It is also noted that by action taken under Appeal No. 3573, an amendment of prior Appeal No. 3551, this Board granted a conditional area variance for a new accessory garage in the frontyard, with restriction as to the setbacks from the front and west side property lines, as noted therein. 5. It is the position of this Board that an additional two-foot extension, for a 14-ft. extension at the rear of existing dwelling, would not be out of character with those generally existing in the immediate area. Proposed is a setback of not less than 29 feet from the bulkhead. Setbacks in the immediate area range from 31 feet to less than 25 feet. In considering this appeal, the board also finds and determines: (a) that the relief granted is not substantial in relation to the established setbacks existing in the immediate area, although the relief requested is substantial in relation to the zoning requirements; (b) the circumstances of the property are unique; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (d) there is no other method feasible for appellants to pursue other than a variance; (e) there will be no substantial detriment to adjoining properties; (f) in view of the manner in which the difficulties arose and in Southold Town Board of Appeals -13-March 5, 1987 Regular Meeting (Appeal No. 3601 BEST decision, continued:) view of the above factors, the interests of justice will be served by granting the variance applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to APPROVE a 14' by 33' wide addition at the south end of existing two-story dwelling, leaving an insuffi- cient setback at not less than 29 feet from the existing bulkhead, as applied Appeal No. 3601, Matter of MARGARET AND JOSEPH BEST. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. PENDING DECISION: Appeal No. 3590: Application of THOMAS J. AND CATHERINE ZIMMERMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-118E for permission to con- struct addition to existing nonconforming structure which exceeds 50% of fair value of same as exists, at 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08. Containing .60 an acre. Following deliberations, the board took the following action: WHEREAS, public hearings were held in the Matter of the Application of THOMAS AND CATHERINE ZIMMERMAN under Appeal No. 3590 on February 5, 1987 and March 5, 1987, at which~time the hearing was declared concluded; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property in question is located along the north side of Rochelle Place, Mattituck, extending approximately 200 feet east Southold Town Board of Appeals -14-March 5, 1987 Regular Meeting (Appeal No. 3590 - ZIMMERMAN decision, continued:) of Bay Avenue. 2. The subject premises is referred to as Lots 19, 20 and 21 on Map of Ida Bartley (pre-zoning), containing .60 of an acre total, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 144, Block 04, Lots 09 and 08. 3. The subject premises received a Pre-Certificate of Occupancy No. Z15130 dated December 24, 1986 for land and the following build- ings: (a) one one-story, single-family wood dwelling set back 27± feet from the front property line (along Rochelle Place, a/k/a Salt Lake Lane); (b) a second single-family dwelling [located in the rear yard area]; (c) an accessory storage shed [located in the rear yard area]. 4. By this application, appellants seek a Variance from the Provisions of Article XI, Section lO0-118(E) to construct an additional 91 sq. ft. addition, in addition to that construc- tion permitted under Building Permit No. 15477Z. The total new square footage proposed is 451 sq. ft. 5. The square footage of the building as exists is shown to be 472 sq. ft. The total area of the building proposed, including the 91 sq. ft. requested by this application, would be 923 sq. ft. 6. It is the understanding of this board that: (a) the structure in question is seasonal and has been used for habitable purposes by family members from late Spring through Fall for two or more consecutive years; (b) the structure in question is heated by portable electric heaters; (c) the sewage utility and water utility are shared by the main systems of the principal dwelling and are not separate systems; (d) the structure in question has not been rented or operated for income or gain.since before 1967. In considering this appeal, the board finds and determines: (a) that the relief requested is 91 sq. ft., which is not substantial in relation to the requirements; (b) the circum- stances of the property are unique; (c) there will be no increase in population density resulting from the grant of this variance; (d) there will be no change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) the granting of this variance will not prevent the orderly and reasonable use of adjacent properties~ (f) the granting of this variance will not adversely affect the Southold Town Board of Appeals -15- March 5, 1987 Regular Me~ting (Appeal No. 3590 ZIMMERMAN decision, continued:) safety, welfare, comfort, convenience or order of the town; (g) the relief as conditionally granted is in harmony with and will serve the purposes and intent of zoning; (h) in consideration of the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that a Variance be and hereby is GRANTED for the construction of 91 sq. ft. in the Matter of the Application of THOMAS AND CATHERINE ZIMMERMAN as Applied under Appeal No.3590 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The building in question shall continue to be used only by family members and not to be rented or used for income and gainful purposes. 2. The amount of relief granted hereunder is limited to the 91 sq. ft. extension for this structure to be used by family members on a seasonal basis. Vote of the Board: Ayes: Messrs. lass and Grigonis. (Member Sawicki was was duly adopted. Goehringer, Doyen, Doug- absent.) This resolution PENDING DECISION: Appl. No. 3596-SE: Application of TARTAN OIL CORP. for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B)[4 & 5] for permission to establish a partial self-service gas station in conjunction with full-service gas station approved 6/29/72 under Appl. No. 1584. Loca- tion of Property: 32400 C.R. 48, Peconic, NY; County Tax Map Parcel No. 1000-74-4-7.1 (6 & 7). Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of TARTAN OIL CORP., Application No. 3596; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and Southold Town Board of Appeals -16- March 5, 1987 Regular Meeting (Appeal No. 3596-SE TARTAN OIL CORP., decision, continued:) WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Special Exception as permitted by Article VII, Section lO0-70(B), Subsections 4 and 5 of the Zoning Code for a partial self-service gasoline, kerosene and diesel pumping station. 2. The premises in question is located in the "B-l" General Business Zoning District, containing a total lot area of 34,029 sq. ft. with 194.54 ft. frontage along the south side of Middle Road (a/k/a C.R. 48), Peconic. 3. Requested by this application is the use of: (a) self-service pumps for sales of regular, unleaded, and premium gasoline, on two existing islands located at the westerly portion of the premises with minimum setbacks of 69 feet from the front property line [along C.R. 48], 48 feet from the west side property line, and 100± feet from the rear (south) property line; (b) one self-serve kerosene pump, presently full service; (c) one self-serve diesel pump, presently full service; (d) overhead canopy; all as shown by Site Plan amended January 29, 1987, prepared by Merritt H. Deutzman, P.E. 4. The subject premises is improved with the following structures: (a) full-service island with gasoline pump, just east of the existing service building; (b) new 20' by 32' service building set back approximately 71 feet from the front property line [along Middle Road]; (c) one kerosene pump and one diesel pump, both presently full service; (d) two islands just west of the existing service building; (e) overhead canopy, all also as shown on site plan amended January 29, 1987, prepared by Merritt H. Deutzman, P.E. 5. For the record it is noted that conditional approval was granted by the Southold Town Planning Board August 25, 1986 con- cerning the Site Plan, and conditional Temporary Certificate of Occupancy No. Z15158 and Building Permit No. 14696Z were issued concerning these premises. Southold Town Board ot Appeals -17- March 5, 198/ Regular Meeting (Appl. No. 3596-SE - TARTAN OIL CORP., decision, continued:) 6. It is also noted for the record that it is the understanding of this Board that the service building will be used for office and sales area incidental to this gasoline service station and will not be operated as a separate business use or entity. By letter dated December 23, 1986, the Town is assured that no foodstuffs requiring a food-service permit from the County Health Department will be offered for sale. 7, It shall be understood further that this project must comply with those conditions set by the Board of Appeals June 29, 1972 under Application No. 1584 for the construction of a gasoline service station, including but not limited to items (b), (c) and (f) thereof: (b) Vehicle lifts or pits, dismantled automobiles, and all parts or supplies shall be located within a building; such minor oil, shall (c) All service or repair of motor vehicles other than servicing as change of tires or sale of gasoline and be conducted in a building; (f) No motor vehicle sales, used car lots, gasoline services or repair shops, or similar businesses, are to be located within 300 feet of a church, public school ... or within 300 feet of any residence district. In considering this application, the board also finds and determines: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code in making this determination. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh- ringer, it was RESOLVED, to GRANT a Special Exception in the Matter of the Application of TARTAN OIL CORP., No. 3596, for the estab- lishment of self-service gasoline sales on the two existing pump islands on the westerly portion of the subject premises as shown on Site Plan amended January 29, 1987, SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals -18-March 5, 1987 Regular Meeting (Appl. No. 3596-SE - TARTAN OIL CORP., decision, continued:) 1. This Special Exception is limited to the two islands on the westerly portion of the premises (as exists) for the sole purpose of sellign regular, unleaded, and/or premium unleaded gasoline; and is not to include self-service pumps for the kerosene or diesel pumps requested; 2. No food service or preparation of foods, as proposed, except by additional applications to this Board pursuant to Article VI, Section 100-62, the Planning Board, County Health Department, and any other agency having jurisdiction thereof; 3. No additional structures or buildings, nor increase of sales/office area, without re-application for consideration to both this Board and the Planning Board, and any other department or agency having jurisdiction thereof. 4. Prior Conditions under Special Exception No. 1584 rendered June 29, 1972 for the operation of this gasoline service station. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. PENDING DECISION: Appeal No. 3599: Application of SAMUEL S. COHEN for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 for permission to construct accessory garage structure, for storage and garage purposes, in the front and side yard areas, premises located along the south side of a private right- of-way (extending off the south side of Indian Neck Road), Peconic, NY; County Tax Map Parcel No. 1000-98-5-18. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of SAMUEL S. COHEN under Appeal No. 3599; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: Southold Town Board of Appeals -19- March 5, 1987 Regular Meeting (Appeal No. 3599 - COHEN decision, continued:) 1. By this application, appellant seeks a Variance from the Provisions of Article III, Section 100-32 for permission to locate and construct accessory garage at the northwesterly portion of premises in the frontyard area. 2. The premises in question is a described parcel located in the "A-40" Residential and Agricultural Zoning District, contains an area of 43,560± sq. ft., with frontage of 80 feet along Peconic Bay, and is identified on the Suffolk County Tax Maps as District lO00, Section 98, Block 5, Lot 18. 3. The subject premises is improved with a single-family, one-story frame house, 8' by 12' accessory structure, and tool shed, all as shown on survey dated March 22, 1972 prepared by R. Van Tuyl & Son. 4. The accessory structure proposed by this application is of a size 24' by 24' at a height not to exceed 18 feet and at distances of approximately 68 feet from the east property line, five feet from the west property line and 54½ feet from the north property line. The use of the accessory structure will be for storage purposes incidental and accessory to the residential use of the premises and will not be used for sleeping or habitable quarters at any time and not for income purposes. 5. Article III, Section 100-32 allows for the location of an accessory building in the rear yard area. To locate the subject accessory building in the rearyard area will require a variance under Article IX, Section 100-119.2 for an insufficient setback from the existing bulkhead. 6. It is the opinion of the board members that the accessory building should be located as close to the existing dwelling structure as possible; however, under the circum- stances and concerns of the abutting property owner(s), the location of the accessory building approximately 54½ feet from the north property line and minimum 10 ft. setback from the east property line would not be unfeasible. In considering this appeal, the board also finds and determines: (a) that the relief requested is substantial in relation to the requirements; (b) the variance will not in Southold Town Board of Appeals -20-March 5, 1987 Regular Meeting (Appeal No. 3599 COHEN decision, continued:) turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (c) there will be no substantial detriment to adjoining properties; (d) although there are areas more practical, there is no method for appellant to pursue other than a variance; (e) the circumstances of the property are unique; (f) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that a variance for permission to locate 24' by 24' accessory storage/garage structure in the frontyard area at premises of the applicant, SAMUEL COHEN, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building be located with minimum setbacks of 54½ feet from the north property line (as applied) and 10 feet from the east property line; 2. The accessory building not exceed 18 feet in height as regulated by Section 100-32 of the Zoning Code; 3. The accessory building never be converted for sleeping or habitable quarters, and be used accessory and incidental to the residential use of the premises (for storage/garage purposes), not to be operated for gain or income purposes. 4. Appropriate landscaping with shrubs along the east side of the garage to be accepted by the Building Inspector. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. PENDING DECISION: Appeal No. 3462: Application of HERBERT R. MANDEL for Variances to the Zoning Ordinance, Article III, Sections lO0-30A, 100-31, Column A-80, resulting from this proposed three-lot Minor Subdivision "High Southold Town Board of Appeals -21- March 5, 1987 Regular Meeting (Appeal No. 3462 MANDEL, decision, continued:) Point at East Marion Section Three, Inc." for: (a) lots having insufficient lot area; (b) lots having insufficient lot depth; (c) Lot having insufficient lot width; (d) Lot 3 as proposed with structure having an insufficient frontyard setback; (e) Lots 2 and 3 as proposed each will contain structures that do not meet principal-use requirement for a single-family dwelling; (f) exist- ing barns on Lots 2 and 3 as proposed will have insufficient setbacks from proposed frontyard property line (and boundary line, dividing Lots 2 and 3, running north and south). Location of Property: 9355 Main Road, East Marion; County Tax Map Parcel No. 1000-031-03-11.25. Containing 2.918 acres. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of HERBERT R. MANDEL under Appeal No. 3462; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel containing a total area of 2.918 acres with frontage of 218.44 feet along the north side of the Main Road (a/k/a S.R. 25) at East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 031, Block 03, Lot 11.25. 2. By this application, appellant requests area variances: (a) for proposed Lot #1 of 42,000 sq. ft. [inclusive of right-of- way along the west side; (b) for proposed Lot #2 of 40,000 sq. ft.; (c) for proposed Lot #3 of 452000 sq. ft.; (d) Lots l, 2 and 3 having insufficient lot depth of 220.87, 140, and 140, respectively; (e) insufficient setback of existing building on proposed Lot 3; (f) existing barn structure on each Lot 2 and Lot 3 which have insufficient frontyard setbacks; (g) existing structures on Lots 2 and 3 which do not meet the principal-use requirement of a single-family dwelling. 3. Existing upon the premises are the following structures: (a) two-story, single-family wood framed dwelling set back Southold Town Board of Appeals -22- March 5, 1987 Regular Meeting (Appeal No. 3462 - MANDEL decision, continued:) 56± feet from the front property line along the Main Road; (b) 24' by 24' accessory garage building; (c) 40' by 46' accessory barn; (d) 18±' by 27+' accessory barn, all as more particularly shown on subdivision sketch plan mapped January 29, 1986 by Young & Young, L.S. It is noted that Certificate of Occupancy No. Z14702 was issued July 24, 1986 concerning this 2.918-acre parcel and buildings. 4. It is noted for the record that a photocopy of approval from the Suffolk County Department of Health Services dated December 4, 1986 and letter dated March 4, 1986 from the South- old Town Planning Board were submitted and considered. 5. The Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft., 250 ft. lot depth, and 175 ft. lot width (frontage), and minimum frontyard setbacks at 60 feet for principal buildings. 6. The percentage of relief requested from the lot area requirements is not less than 45%. It is the opinion of the board that the relief requested is not the minimal necessary meeting only approximately 55% of the requirements, and is self-created. A plan could be submitted under the circumstances for insufficient area of two parcels, as an alternative for consideration. In considering this application, the board also finds and determines that: (a) the difficulties claimed are not sufficient to warrant a granting of the relief requested; (b) the percentage of relief requested is substantial in relation to the zoning requirements, being a variance of at least 45% for this proposal of three lots; (c) the difficulties claimed are self-created; (d) the lot area requirements have been in effect prior to the conveyance in title of this property to the applicant; (e) there is another method feasible for appellant to pursue for minimal relief; (f) in view of the manner in which the diffi- culties arose and in considering all the above factors, the interests of justice will be served by denying the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3462 in the Matter of the Application of HERBERT R. MANDEL in its entirety. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -23- March 5, 1987 Regular Meeting PENDING DECISION: Appeal No. 3604: Application of ROBERT AND EILEEN VILLANI. Variance pursuant to New York Town Law, Section 280-a, for approval of access over private right-of-way (presently owned by Eileen Villani) to other premises of the applicants identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lots 30 and 10; Indian Neck Road, Peconic. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on February 5, 1987 in the Matter of the Application of ROBERT AND EILEEN VILLANI under Appeal No. 3604; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: l. This is an application for a Variance pursuant to the Provi- sions of New York Town Law, Section 280-a for approval of access over a private right-of-way extending from the north side of Indian Neck Road, Peconic, a distance of 285.40 feet and thence extending in a westerly direction 25± feet, and 90+ feet along the subject premises. 2. The premises to which appellants are requesting approval contains an area of .610 of an acre, and 100± ft. frontage, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 6, Lot 30. The premises is vacant land. 3. After personal inspection of the right-of-way by board members, it is noted that a major portion of the right-of-way is a macadam surface in good condition and that only minor improve- ments are necessary (as noted below). In considering this appeal, the board agrees that: (a) the variance is not substantial in relation to the requirements; (b) there will be no substantial change in the character of the Southold Town Board o, Appeals -24-March 5, 1987 ~egular Meeting (Appeal No. 3604 - VILLANI decision, continued:) district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose and in considering all the above factors, the itnerests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3604 in the Matter of the Application of ROBERT AND EILEEN VILLANI for approval of access as required by New York Town Law, Section 280-a, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Potholes be filled and open crevices be sealed; 2. Continuance maintenance in good condition at all times; Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -25- March 5, 1987 Regular Meeting PENDING DECISION: Appeal No. 3598: Application of DANIEL AND IRENE McKASTY. Variance to construct swimmingpool with fence enclosure and cabana within 75 feet of existing bulkhead along tidal water, requiring a Variance to the Zoning Ordinance, Article XI, Section 100-119.2. Location of Property: 13220 Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-14-12. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on 1987 in the Matter of the Application of DANIEL AND IRENE under Appeal No. 3598; and February 5, McKASTY WHEREAS, at said hearing, no one appeared or spoke concerning this application; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(B) to construct a 20' by 40' inground swimningpool, decks, cabana, and fence enclosure, all with a setback of approximately 30 feet from the existing wood bulkhead along the southerly section of the premises and approximately 40 feet from the existing wood bulk- head along the easterly section of the premises. 2. The premises in question is located along the south side of the Main Road, East Marion, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 14, Lot 12, and contains a total upland area of approximately 41,140 sq. ft. with frontage along both Orient Harbor and Dam Pond Inlet. 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is improved with a single- family dwelling set back 72± feet from the front property line (along the Main Road), 41± feet from the southerly wood bulkhead, feet from the west side property line, llO+ feet from the east side property line, all as depicted on survey sketch submitted with the application. Southold Town Board of Appeals -26- March 5, 1987 Regular Meeting (Appeal No. 3598 McKASTY decision, continued:) 4. The reasons given for this appeal are that the applicants would not be permitted to enjoy the use of a pool, and that the new construction would enhance the property. No additional testimony or reasons were furnished at the hearing. 5. It is the unanimous agreement of the board members that the area chosen for the new construction proposed herein is not the most feasible under the circumstances. There is alternative locations for this attached deck, pool and fence enclosure landward of the back (water-side) of the dwelling, particularly in light of the history of tidal action along the Orient Harbor side of the bulkhead. The variance under the circumstances are substantial in relation to the requirements and is not the minimal necessary as applied. 6. For the record it is noted that a new Building Permit #13966Z issued March 22, 1985 for a new dwelling and enlarged garage in the frontyard is pending. The last inspection noted in the record was 12/23/85 approving the insulation in the new dwelling. As of today, a Certificate of Occupancy for this construction has not been issued. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, being a variance of 60%; (b) the relief requested is not the minimal necessary; (c) the difficulties claimed are not sufficient to warrant the grant- ing of the variance as applied; (d) there are other methods feasible for appellants to pursue, other than a variance; (e) the circumstances of the property are unique, particularly to low elevations above mean sea level varying between 5.0 feet to 7.1 feet, and its frontage along two sides with Orient Harbor and Dam Pond Inlet; (f) the granting of this variance is not within the spirit of the zoning ordinance and criteria set by the Courts; (g) the difficulties claimed are self- imposed, particularly due to the minimal setbacks established under the Building Permit pending at this time; (h) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice would be served by denying the variance as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, in the Matter BE AND HEREBY that the relief requested under Appeal No. 3598 of the Application of DANIEL AND IRENE McKASTY IS DENIE__~_D in its entirety. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. Southold Town Board of Appeals -27- March 5, 1987 Regular Meeting REQUEST FOR RECONSIDERATION: Appl. No. 3570-SE PAUL HENRY. the Board members reviewed the recent request of Mr. Henry received February 23, 1987 for reconsideration of the recent denial of the Special Exception a~plication for "Bed and Breakfast" use. None of the Board members would offer a motion to rehear or reopen the hearing. It was the consensus of the Board members accordingly that a rehearing could not be held. The Chairman was authorized and directed to advise the applicant of same. NEW REVIEW: Appeal No. 3618 SUKRU ILGIN AND MINE PEKSEN (and Ocean Holding Corp.). Variance for permission to establish convenience store for retail sales in conjunction with gasoline service station use at the south side of Main Road, Laurel. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that this matter be and hereby is authorized and scheduled for public hearing to be held THURSDAY, APRIL 1987 before the Southold Town Board of Appeals, and 23, BE IT FURTHER RESOLVED, that the Southold Town Planning Board input concerning the parking and site plan arrangement be requested for consideration at the April 23, 1987. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was duly adopted. REVIEW: Appeal No. 3614 - ROBERT AND ETHEL SCHROEDER. Inter--on requested concerning premises located at the south side of Main Road, East Marion, d/b/a Sound Shore Excavating. Edson and Bruer, as Attorneys. At this time, the information requested by our February 1987 has not been received as requested concerning survey(s) to show the following information: 11, (a) existing buildings; (b) all uses being conducted upon the premises [inside and outside]; (c) present egress, ingress, parking of customer vehicles, parking of employee and other vehicles, storage areas, etc. On February 20, 1987, a response was received from Edson and Bruer indicating the the surveyor will prepare a survey as requested, and Mrs. Moore requested a further clarification as to how uses inside a building can be shown on paper. (Continued on Page 28) Southold Town Board of Appeals -28- March 5, 1987 Regular Meeting (Schroeder Appeal No. 3614 - Update, continued:) The Board authorized the Chairman to send a letter to Mrs. Moore further clarifying our request concerning uses conducted upon the premises, in the form of a survey, affidavit, or similar document, of any and all uses and activities being conducted upon the premises. If more than one use is being conducted, please depict the areas of the uses and, if possible, the square footage of the land occupied by such use. (For example, storage of equipment area, vehicle-repair area, office area, gasoline service area, parking of employee vehicles, Barking of customer vehicles, utility rooms, etc.) Motion was made by r. Goehringer, seconded by Mr. Douglass, and duly carried, concurring with the above. * * * COMPLIANCE WITH IMPROVEMENTS PER 280-a: Appeal No. 3292 K & L P~OPE~RTIES/DUCHOW. On February 26, 1987, our office received a request from the Office of Edson and Bruer for a final inspection of the improvements conditioned under Appeal No. 3292. The last inspection requested and conducted was during May 1984, and the right-of-way was not accepted by either this Board or the Planning Board (P.B. resolu- tion on mi~or subdivision of 5/21/84). The Chairman indicated that he has asked John W. Davis by letter dated February 26, 1987, to inspect the right-of-way for a length of 643.95 feet under Z.B.A. jurisdiction, and as of this date, his written report has not been received.but is expected in a day or two. On motion by Mr. Gr. igonis, seconded by Mr. Doyen, it was RESOLVED, to accept the improvements to this right-of-way extending from the east side of Indian Neck Lane for a length of 643.95 feet as to meeting Codnitions No. 1, 2 and 3 under Appeal No. 3292, subject to: (a) continuous maintenance at all times, and (b) personal inspection and acceptance by Chairman Goehringer within the next two weeks. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. (See memorandum of the Chairman indicating his acceptance after personal inspection on March 8, 1987 ~n the K & L Properties file.) Southold Town Board of Appeals -29- March 5, 1987 Regular Meeting UPDATE: Appeal No. 3355 PAUL AND MARIETTA CANALIZO. Corres- pondence from Mr. Edward C. Hines addressed to Supervisor Murphy was received by our office recently. The Board members updated their reviews and the following notations were entered for the record and Mr. Hines' information: 1. By letter dated August 15, 1985, the application before the N.Y.S. Department of Environmental Conservation was suspended (a Draft Environmental Impact Statement was not submitted to their agency for reviews). 2. By the Southold inaction; letter dated February 3, Town Trustees for Permit 1987, the application before (#271) was withdrawn due to 3. By our letter dated May 21, 1985, we requested the eleva- tions above mean sea level of the lowest floor since this property is located in an "A-8" Flood Zone. The first floor elevations were provided by Mr. Canalizo at 12 feet. If you wish, you may submit a copy of the construction plans which would show the construction below the first floor. Crawl-space type of construc- tion below the first floor (if it does not exceed 4' in height) would appear to meet the minimum eight-ft, elevation above mean sea level. In order to complete your variance application pending with our office~ the applicant must: (a) proceed with the Town Trustees in order to obtain a determination under the Wetlands Code; (b) proceed with the N.Y.S. Dept. of Environmental Conserva- tion under the Wetlands Act, etc.; (c) furnish one print of the proposed construction plan confirming the type and height of construction below the first- floor elevation; (d) keep us informed of developments with the Trustees, DEC, and County Health Department, and complete and return the ZBA questionnaire for our file. Upon receipt of all of the above, the Board indicated they would be in a position to schedule a date for public hearing in accordance with all laws and regulations for this type of project. Southold Town Board of Appeals -30- March 5, 1987 Regular Meeting APPEAL WITHDRAWN: Appeal No. 3606 J. GEDDES AND KATHY PARSONS. By letter received March 5, 1987, from Mr. J. Geddes Parsons, the applicants wish to withdraw their variance application concerning their premises at Fishers Island. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3606, Application of J. GEDDES AND KATHY PARSONS, BE AND HEREBY IS WITHDRAWN,__WITHOUT PREJUDICE, as requested by Letter dated March 3, 1987. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. NEW HEARINGS: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following matters be and hereby are scheduled for public hearings to be held at the APRIL 2, 1987 REGULAR MEETING of the Board; and BE IT FURTHER RESOLVED, that the Board Clerk, Linda Kowalski, is hereby authorized and directed to advertise notice of same in the Suffolk Times and L.I. Traveler-Watchman: 7:35 p.m. Appeal No. 3611 RAYMOND AND ELEANOR KERESTER. Insufficient lot width of three proposed parcels, each containing 4.6± acres. North Bayview and Paradise Point Roads, Southold. 7:40 p.m. Appeal No. 3619 and depth of two proposed parcels. 1000-14-2-26. ANA G. STILLO. Lot area, width ROW off N/s Main Road, Orient. 7:45 p.m. Appeal No. 3618 OCEAN HOLDING CORP.) Convenience conjunction with gasoline-service 1000-122-7-1. SUKRU ILGIN AND MINE PEKSEN (d/b/a store in existing building in station. 7400 Main Road, Laurel. 7:50 p.m. Appeal No. 3609 GULL POND DAWN CORP. Single-family dwelling with an insufficient setback from existing wood bulkhead along mean highwater mark of Dawn Lagoon. Cleaves Point, Lot 70, Greenport. 1000-35-5-17. CORP. Park 7:55 p.m. Appeal No. 3616 FLINT ST. CORP. and RIVER CIRCLE Lot area, depth and width of two parcels. Greenport Driving Lots 68 and 76, Greenport. 1000-48-2-32. Southold Town Board of Appeals -31- March 5, 1987 Regular Meeting (New Hearings, cont nued:) 8:05 p.m. Appeal No. 3615 - CARMINE A~D DONNA DISPIRITO. Special Exception for two-family use on four acres minimum. 6030 Youngs Avenue, Southold. Minor Subdivision 378, Lot 4; 1000-55-2-1.4. 8:10 p.m. Appeal No. 3613 - GREGORY PAULOS. Deck addition to dwelling with insufficient setback from bluff along Long Island Sound. N/s Soundview Road, Map of Orient By-The-Sea, Section Two, Lot 46, Orient. 1000-15-3-4. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS (SEQRA): After review of each of the following matters, the board took the following action: On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to declare the following Environmental Declarations on each of the following pending files in accordance with the N.Y.S. Environmental Quality Review Act (SEQRA), Section 617, 6 NYCRR and Chapter 44 of the Code of the Town of Southold: (a) Appl. (b) Appeal (c) Appeal (d) Appeal (e) Appeal (f) Appeal No 3610 No 3608 No 3592 No 3612 No 3603 No 3511 CAROL A. BARTHOLOMEW. Unlisted Action. - RICHARD F. MULLEN, JR. Unli~sted Action. BENTE SNELLENBURG. Unlisted Action. - PHILIP & ELLEN BELLOMO. Type II Action. - JAMES CROSS. Type II Action. - KAPELL & LIMPET CORP. Type II Action. (continued on pages 32 through Southold Town Board ~f ~ppeals -32- !.l~h 5, 1987 Regular Meeting (Environmental Declarations, continued:) $.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3610 PROJECT NAME: CAROL A. B~RTHOLOMEW This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for thc reasons indicated below. Please take further notice that this declaration should not be considered a determination.'made for any other department or agency which may also have an application pending for the same or similar project TYPE ~OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special'Exception for "Bed and Breakfast" use. LOCATION OF PROJECT~ Town of $outhold, County of°suffolk, more particularly knQwn as: 7015 Wickhan Ave.; Mattituck, NY 1000-107-5-4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; ~(2) ~his is an application concerning use of premises and is not directly related to new construction. Southold Town Board~f ~ppeals -33- ~'- ch 5, 1987 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.~ 3608 PROJECT NAME: RICHARD F. MULLEN, JR. This notice is is'sued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. area partlcularly knQwn as: Please take further notice that this declaration should not be considered a determination.'made for any other department or agency which may also have an application pending for the same or similhr project. TYPE'OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Varianc~ to utilize lot for paved parking for employees of Mullen Motors LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more Cottage.Place, Southold, ~Y 1000-62-3-19 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board ~f ~ppeals -34- ~'~ ch 5, 1987 Regular Meeting (Enuironmental Declarations, continued:) $.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.~ 3592 PROJECT NAME: BENTE SNELLENBURG This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination.'made for any other department or agency which may also have an application pending for the same or similar project. TYPE'OF ACTION: [~] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: (1~ Approval of 8' height of fencing along easterly property line a length of 72' and (2) Appealing the 11/6/86 to ae~T~6~l~i~o~? m~t~ ~,p~yf~o~f~i~re particularly knQwn as: ROW off E/s South Harbor Road, Southold, NY 1000-87-2-21 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. Construction proposed is located more than 75 feet from the mean highwater mark or tidal area. Order Southold Town Board ~f Appeals -35- ?~ ch 5, 1987 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3612 PROJECT NAME:-- PHILIP AND ELLEN BELLOMO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the r~asons indicated below. Please take further notice that this declaration should not be considered a determination0'made for any other department or agency which may also have an application pending for the same or similar project. TYPE'OF ACTION: · [X] Type II [ ] unlisted [ ] DESCRIPTION OF ACTION: Additio~ at rear of dwelling with insufficient setback from wetlands along,-~eat~'~o~d. LOCATION OF PROJECT~ Town of Southold, County of, Suffolk, more particularly knQwn as: 7455 Soundview A~enue, So~thold 1000-59-6-8 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRAo Southold Town Board~ f ~ppeals -36- ~ _'ch 5, 1987 Regular Meeting (Environmental Declarations, continued:) $.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL N0.~603 PROJECT NAME: JAMES CROSS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~'asons indicated below. Please take further notice that this declaration should not be considered a determination0°made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval'of insufficient area (78,408 sq. in this pending set-off. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: Main Road, Cutchog~e,NY 10D0-109-1-8.5 ft. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. Southold Town Board ~f ~ppeals -37- Z~ ~h 5, 1987 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3511 PROJECT NAME: KAPELL REAL ESTATE INC. and LIMPET CORP. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Aot of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination.'made for any other department or agency which may also have an application pending for the same or similhr project. . TYPE 'OF ACTION: [X] Type II [ ] unlisted [ ] DESCRIPTION OF ACTION: Pending 'division of land land with insufficient (1) lot area, (2) lot width, (3) lot depth LOCATION OF PROJECT~ Town of Southold, County of. Suffolk, more particularly knQwn as: Linett and Brown Streets, Greenport, NY 1000-48-3-25.1 REASON(S) SUPPORTING THIS DETERMINATION: (1} An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction ~ regulated by Section 617.13 for a lot-line or area variance. Vote of the Board: Ayes: Messrs. Soehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board ,~ Appeals -38- March 5, 1987 Regular Meeting UPDATE: Other Matters Pending Public Hearings (awaiting additional information as noted below): Appeal No. 3259 - NICHOLAS ALIANO. Special Exception to establish four two-story motel buildings containing l0 motel units for transient use, and an office building of 2,500 sq. ft. in area 6n this 3.721-acre parcel, zoned "B-Light Business." S/s Main Road, Greenport (along the east side of 7:ll). **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action 6an be taken. Appeal No. 3558 NICK AND ANNA PALEOS. Variance for insufficient area, width and depth (three proposed lots). S/s C.R, 48, Peconic (formerly Hass). Await Art. 6 Subdivision Action before advertising. (P.B. review 10/6/86). H. Raynor, Agent. Appeal No. 3561 DOROTHY L. ROBERTSON. Variance for insufficient area, width and depth (two lots). S/s Northview Drive, Orient. Await Art. 6 Action before advertising. R. Bruer, Esq. Appeal No. 3581 GEORGE DAMIEN. Jackson St., New Suffolk. Variances for insufficient area, width, depth. Await Art. 6 Action per Co. Health Dept. communications. Appeal No. 3298 C & L REALTY/PORT OF EGYPT. Variance to construct 40-unit motel on insufficient buildable upland of 4.83 acres and having insufficient sideyards. S/s Main Road (prev. Southold Fishing Station/Morris), Southold. (**Await corrected site plans, topographical survey including lowest floor elevations above mean sea level, Health Department approvals, N.Y.S.D.E.C. action, comments or input from Planning Board after review of site plan.) 10/9/84 Appeal No. 3183 MARY N. CODE. Smith Drive North, S6uthold. Proposed reseparation of lots. Await DEC and Planning Board applications to be filed for coordination/action. Appeal No. 3274 BEST, SCHMITT, SYVERSON. Variances for insufficient area, width in proposed division of land. ROW off E/s Camp Mineola Road, along Great Peconic Bay, Mattituck. (**Await Co. Health Art. 6, N.Y.S.D.E.C., Planning Board before advertising public hearing. Recent change in title.) ~ Appeal No. 2929 SAL CAIOLA. Project as proposed is questionable. Status/clarification awaited. N/s CR 48, Southold. Southold Town Board of Appeals -39- March 5, 1987 Regular Meeting (UPDATE, continued:) Appeal No. 3371 - FLORENCE ROLLE. Variances for area and depth, two parcels. E/s Ole Jule Lane and N/s Kraus Road, Mattituck. (**Await Co. Health Art. 6 action.) A. Wickham, Esq. Appeal No. 3342 PHILIP R. REINHARDT. Variances for area and width (two parcels~-~. **Recessed from 5/25/83 as requested by attorney for County Health Dept. Art. 6 action (and DEC). N/$ Pine N6ck Road (opposite Park'Way), Southold. R. Bruer, Esq. Appeal No. 3191 - HERBERT MANDEL. Variance to change lot line and locate garage, in front/side yard areas. E/s Linet Lane Extension, Greenport. Premises of Clempner and Mandel. (Await DEC action and PB input before adverti§ing.) Appeal No. 3249 - DONALD P. BRICKLEY. Variance for nsufficient area and width. S/s Bay Avenue and E/s Broadwater Drive, Cutchogue. (**Await DEC, Art. 6 action and contour maps. Appeal No. 3268 - J. KATHERINE TUTHILL. Variance for insufficient area, width and depth of lots proposed in this "C" Zone. Planning Board denied 9/84. (**Await DEC and Co. Health Art. 6 action after formal applications.) Appeal No. 3542 - TIDEMARK/CLIFFSIDE ASSOCIATES. Await copies of Co. Health ap~Poval, updated certification on amended maps by Building Inspector, and continuation of SEQRA pro6ess when file is complete. P.B. received 12/22/86; DEC received 11/6/86. [See 4/2/87 Minutes] Appeal No. 3537 - ROBERT AND SUSAN D'URSO~ Breezy Path, Southold. Await DEC, Co. Health and Trustee actions (after formal applications) to complete file. New dwelling with insufficient setback from wetlands and bulkhead. R. Bruer, Esq. Appeal No. 3545 - PATRICK STIGLIANI. Main Bayview Road, Southold. Await Co. Health Ar~. 6 a~ion. Area, .width and depth variances. Alfred Skiomore, ~sq. (Village water not available.) Appeal No. 3546 - GREGORY FOLLARI. Relief of ZBA Condition requested concerning disturbance of soil at Sound bluff. Await DEC action (after application) to alter bluff areas before proceeding. Southold Town Board of Appeals -40- March 5, 1987 Regular Meeting UPDATE, continued:) Appeal No. 3439 - ARNOLD AND KAREN BLAIR. Variances for nsufficient area and width in pending division for two lots at Cedar Lane and Beach Court, East Marion. Gardiners Bay Estates Lots 151 through 172 incl. adjoining roads. (**Await Co. Health Art. 6 action, and possible Town Trustees as to wetland grasses.) Building envelopes of buildable areas not shown. Contours not shown. ,~ Appeal No. 3445 - JULIUS ZEBROSKI. Variance for approval of two lots having insufficient area and width. E/s Waterview Drive and N/s Bayview .Road, Southold. (**Await Art. 6 action and copy of C.O. Paul Caminiti, Esq. Appeal No. 3449 FRANK AND ETHEL BEGORA. Variances for insufficient area, width and depth in this pending division (three parcels). N/s Main Road, East Marion. (**Await Co. Health Art. VI action, corrected maps to show third parcel, and P.B. application/comments after submission of maps.) P. Caminiti, Esq. Appeal No. 3403 ANNA LORIA. Variances for approval of two parcels having insufficient area, width and depth in this pending division of land. W/s First St. and N/s King Street, New Suffolk. (**Await Co. Health Art. 6 action after application.) Appeal No. 3426 GERALD DOROSKI. Variance for approval of access (280-a). N/s C.R. 48, Peconic. **Await additional informa- tion to clarify ROW and P.B. input on pending division. Appeal No. 3411 ANDREW FOHRKOLB. Variance to restore existing building for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. **Await scaled floor plans and C.O.R. R6senblum, Esq. Appeal No. 3514 GEORGE P. SCHADE. Variances for insufficient area, width and depth. (Await Co. Health Art. 6 waiver before advertising) Appeal No. 3495 JOHN AND GLORIA SHIRVELL. Variances for ~ insufficient area, width and depth. (Two Lots). N/s Pine Tree Road, Cutchogu~. (Await Art. 6 waiver/action before advertising. Appeal No. 3496 FREDERICK KOEHLER, JR. Cabana/beach house within 75 feet of water along Cutchogue HarbOr, N/s Old Harbor Road. (Await Co. Health approval before advertising). H. Raynor, Agent. Southold Town Board of Appeals -41- March 5, 1987 Regular Meeting Other Hatters Pending Public Hearings Information as noted), continued: (**awaiting additional (*1 Appeal No. 3299 -/DOUGLAS MILLER. Variance to include wetlands tn subdivision whtc~-'~uld not result in . Insufficient area. Ktrkup Lane, Laurel. **Await DEC a~d.'Co, tlealth oepartmbnt approvals of pending subdivision. ('-'~ Appeal No. 3412 -/THOMAS CRAMER. Variance to construct wtthln 75' of wetlands. E/s ~adow Lane, Mattituck. **Await Trustees action/approval. (ltealth Dept. approval apd.'OEC'walver'recetvedL)Transfer in title. Appeal No. 3355 ~ PAUL & MARIET~A. CANALIZ~. Variance to construct with insufficient setback in frontyard and from wetlands~ **Await'DEC and wetland setbacks map.-.. Trustees reviews pending. ( ~ Appeal No.':3214 -/HANAUER & ~AGLEY. Variance for . approval of two lots havJng-i-~-t~tcient upland, buJld- able area. DEC waiver and Planning ~oard receive~. **Awatt Co. Health and Trustees. Lighthouse Road and S/s Soundvtew Avenue, Southold. Application for LOIS AND FRANK TIIORP. E/s West lane and S/s North Lane (privateS, off the E/s Orchard Lane East Marion. Variance for approval of lots havin§ Insufficient area, wtdth, depth, e~c. **Await Notice Of Disapproval after application to Duilding P~partmeut reissuance of filing fee, postmarked certified-mail receipts, etc. Appeal No. 3293 -/HAROLD AND JOSEPHINE DENEEN. Variance for approval of three parcels h~ving lnsuf~]-Eient area, width and depth. W/s ROW off the S/s Bayview Road (west of Waterview Drive), Southold. 280-a no~ requested. **Await Co. Health Art. VI and DEC approvals/acti('~n. Appeal No. 3252 /JOHN CHARLES & M. SLEDJESK1. Variance appealing decision of Planning-~oard of 4/2/~i'4 that bulldable area in proposed division is less than 80,000 sq. ft. (excludes wetland grass areas) for a one-family dwelling, and less than 160,000 sq. ft. (excludes weCl6nd grass areas) for an existing two-dwelling usage. E/s Narrow River Road and S/s Main Road, Orient. ~: ~*Awalt Co. Health Art, VI and SEQRA. Appeal No. 2367 ~LOIS AND PATRICIA LESNIKOWSKI. Variance for approval of two parcels having tns-~-~-lr~{f area and Width. S/s. North Qrlve, Mattttuck. **Awa}t DEC. Duild- l~g envelopes and s~tbacks not shown since enactment of Local Law Wetlands Setbacks. Southold Town Board of Appeals -42- March 5, 1987 Regular Meeting (UPDATE, continued:) Appeal No. 3564 JOHN DEMPSEY (Contract Vendee). Variances for insufficient setback from bluff and 280-a. No record of town approval on subdivision. C.O. not available. N/s ROW off the N/s Oregon Road, Cutchogue. Appeal No. 3206 - HENRY P. SMITH. Variances for insufficient area a~ W~th (two lots). W/s 'P~ic Lane, Peconic. P. Ofrias, Esq. Multiple business uses. P.B. recommends,24 parking spaces. (No communications received since 7/26/84.) Appeal No. 3548 - FRANK R. ZALESKI. Variances for insufficient area, width and depth (three parcels in pdnding division). E/s Deep Hole Drive, Mattit'uck. 1/295-acre described parcel. Await Co. Health Art. 6 approval. Rec. PB input and DEC permit (exp. 12/87). Henry Raynor, Agent. Appeal No. 3543 - PETER AND BARBARA HERZ. New dwelling with insufficient setbacks from wetlands, bulkheaJ, rear property line, and variance as to height. S/s Cedar Point Drive, Southold. R. Bruer, Esq. repr. applicants. R.J. Cron, Esq. rep. S. DeLeo and Midway Inlet Residents Assn. J. K. McLaughlin, Esq. Await Trustees action. DEC waiver rec. 10/81 (updated action not're6eived). To send letter requesting foundation plan of lowest floor above mean sea level and status as to height variance. Appeal No. 3593 THE QUIET MAN INN. Addition with insuffi- cient frontyard setback. B-1 Business-Zone. E/s Hobart Road and S/s Main Road, Southold. 1000-62-3-7. Await application to PB and PB input as to site plan elements on revised seating location and parking. Appeal No. 3549 J. KALIN AND B. GIB~. Variances as insufficient area, width and depth. N/s Main Road, Orient. Await Co. Health Art. 6 waiver and copies of current deeds. (As of 2/19/87 Co. Health Art. 6 appl. not filed.) to Appeal No. with insufficie 2515 Pine Tree requested from after flagging 3556 EUGENE AND ANN BURGER. Variance for deed nt setback from wetlands along Little Creek. Road, Cutchogue. Await CO and exact setback nearest wetlands. Photographs may be furnished of construction area. Appeal No 75 feet of exi 640 Takaposha DEC waivers be · 3602 MARGARET McNAMARA. Wraparound deck within sting bulkhead and in excess of 20% lot coverage. (private) Road, Southold. (Await Trustee and fore advertising.) Southold Town Board of Appeals -43- March 5, 1987 Regular Meeting (UPDATE, continued:) Appeal No. 3575 - ROSA HODGSON, Variances as to insufficient area and width of proposed 45,000± sq. ft. lot from 7.152-acre parcel. N?~'Pine Neck Road, Southold. Await Co. Health Art. 6 action. Garrett A. Strang, Architect, to send letter clarifying ROW ownership, etc. (Public Hearing not to be held before 4/1/87). Appeal No. 3389 - THEODORE PETIKAS. Variance to use residential portion of premises for restaurant use. ~/s;Sound Road and N/s Main Road, Greenport. Await further instructions from attorney or applicant. Await PB input on revisions. Appl. No. 3586SE ROBERT AND HELEN DIER. Special Exception for Bed and Breakfast. :Await determination on Special Exception for Accessory Apartment expected about 3/5/87 before proceeding. 355 Terry Lane, Southold. Appeal No. 3600SE ~ T. LUCAS AND G. & A. BELIS. Special Exception to allow 70 motel units on 7.~SlG'-~S'~oned "B-Light" Business, 4,000 sq. ft. of land area per unit with Village water. S/s Main Road (prev. golf range), Greenport. Await §ix items per our Resolution 1/8/87, before advertising for public hearing. Appeal No. 3605 - TED DOWD. Variance for 280-a Approval. Right-of-way located off the north side of the Main Road, Southold, to 1000-56-1-5.1. Copies of deed as to location of ROW and tel. pole map requested by our February 5, 1987 letter expected next week. Mr. John Davis to inspect and send recommendations soon. Applicant has requested hearing date subsequent to May 1st. Appeal No. 3607 JAMES P. O'NEILL and PETER J. McSHERRY. Variance for approval of insufficient area, width and depth of two parcels in this pending division of land, Wiggins Street, Greenport; 1000-48-1-22. Await County Health Article 6 action and Planning Board comments concerning general lot-line layout. Two houses exist at this time. 1882"Map of S. Buel Corwin at Greenport,' Lots 28 and 29. REGULAR MEETINGS FOR 1987: On motion by Mr. Goehringer, ~ seconded by Mr. Sawicki, it was RESOLVED, public hearings and Board of Appeals: April 2, 1987 April 23, 1987 May 21, 1987 June 18, 1987 July 16, 1987 that the following dates are reserved for Regular Meetings of the Southold Town Southold Town Board of Appeals -44- March 5, 1987 Regular Meeting (Reserve Dates for Public Hearings~:continued:) August 13, 1987 September 10, 1987 October 8, 1987 November 5, 1987 December 3, 1987. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Board Clerk Linda Kowalski advised the Board that a copy of the Reserve Dates for ZBA Hearings was transmitted to the Town Clerk's Office for reserving the Meeting Hall. There has been a number of times the Meeting Hall and Town Board room was not available for hearings due to conflicts with other departments or organizations. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:30 p.m. Respectfully submitted, /'Linda F. Kowalski, Secretary Southold Town Board of Appeals BOARD OF APPEALS TRANSCRIPT oF PUBLIC HEARING MATTER OF APPEAL NO. 3590 - THOMAS & CATHERINE ZIMMERMAN Regular Meeting held Thursday, March 5, 1987~ Town Hall, Southold, NY. The Chairman opened the hearing at 7:38 p.m. from the Board's February 5, 1987 meeting. This hearing was recessed CHAIRMAN GOEHRINGER: This is a recessed hearing from the last meeting, and we'll ask Mr. Zimmerman if he has anything he would like to add to the record. THOMAS J. ZIMMERMAN: I did have the opportunity to speak to the two neighbors, who were notified late, and I explained to them exactly what I was doing, and they both had an opportunity to take a look at the premises itself and did not have any further questions or objections. CHAIRMAN: Ok. While you're standing up again, and this is primarily going to be a seasonal structure--mainly for the summer season? MR. ZIMMERMAN: Summer, Fall and probably the Spring. CHAIRMAN: Ok. And we discussed the cesspool. We discussed the well. We discussed the fact that it is only one-story is that correct? MR. ZIMMERMAN: Yes, Sir. CHAIRMAN: And we also discussed that you would be primarily dealing with it for the family use? MR. ZIMMERMAN: Yes, that's correct, Sir. CHAIRMAN: So you don't have any objection to a covenant placed on it that it not be rented? MR. ZIMMERMAN: understand. I guess not. Is there a reason to do that? I don't CHAIRMAN: Well, in the case of a situation usually like this, what we have are persons that sometimes --first go for the first expansion and then go for another expansion, and then turn it around for a yearround dwelling, and we all of a sudden have two houses on one lot. And that's very easily done by asking for an addition such as a garage, and then all of a sudden the garage is enclosed--and as you Page 2 - Public Hearing Regular Meeting - March 5, 1987 Matter of THOMAS J. ZIMMERMAN #3590 know, garages can be as big as 20' by 24' today, or sometimes 22' by 24' and you end up with a house almost as large as the primary dwell- ing on the premises. And that's the reason mainly for it. MR. ZIMMERMAN: Ok. As I spoke to the neighbors, I indicated I would not be renting, so if that's what you want me to do, I shall go along with that. CHAIRMAN: We thank you very much. We knom this is a little lengthy for you and we appreciate your coming back out again tonight. We hope to have a decision in the very near future for you. Would any body else like to speak in this matter either pro or con? (None) Hearing no comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Douglass. (Member Sawicki was absent.) This resolution was duly adoPted. ~INDA F. KOWALSKI, BOAR~--~S-~CRETARY SOUTHOLD TOWN BOARD OF APPEALS BOARD OF APPEALS TRANSCRIPT OF PUBLIC HEARINGi JAMES CROSS - APPEAL NO. 3603 Regular Meeting held THURSDAY, MARCH 5, 1987 at the Southold Town Hall, Main Road, Southold, NY. Matter of JAMES CROSS for a Variance for approval of insufficient area (78,408 sq. ft.~ in this pending set-off. N/s Main Road, Cutchogue. The Chairman opened the hearing at 7:40 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN 'GOEHRINGER: We have a survey from Roderick VanTuyl, P.Co dated April 3, 1986 indicating the entire parcel referred to as Parcel #2 which this is the Parcel, #1 to be set-off from. Parcel #2 is 26.656 acres and #2 which is on the Main Road, quite distant from most of that 26-acre parcel. Parcel #1 is 782408 sq. ft., or 1.802 acres, with 187.06 feet on the Main Road. And I have a copy of the County Tax Map indicating this and surrounding properties. Mr. Cross, would you like to be heard? JAMES CROSS: Unless there are questions, I think the application speaks for itself. It's a very simple instance and it'seems to me to be the kind of thing that should be encouraged for residences in terms of policy of the Town. CHAIRMAN: I just wanted to mention to you if you would just step up. The Planning Board suggested it and we would like to see if you have any problems with it. They had asked that this right-of-way be cut into the property a little bit to allow for more maneuverability and turning -- so do you have any problems with the right-of-way-- Cross viewed the map.) MR. CROSS: The land rises very rapidly. CHAIRMAN: It would have to have a wall built-- MR. CROSS: There's a rather steep ramp coming out straight. further you get to the right the more rapid it rises. The CHAIRMAN: Right. They were thinking more in the lines that if there were anything concerning a major subdivision on the back part of the property-- MR. CROSS: That wouldn't be a problem. Page 2 - James Cross Hearing ZBA Regular Meeting - March 5, 1987 CHAIRMAN: Let's see what else is generated through the hearing. Is there anybody else that would like to speak in favor of this application? Anyone to speak against the application? (None) We thank you for coming in, Mr. Cross, and we hope to have a decision for you in the near future. Ok? Hearing no further comments, I'll make a decision closing the hearing until later. MEMBER DOUGLASS: Seconded. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass° (Member Sawicki was absent.) This resolution was duly .adopted. BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS Z.B.A. PUBLIC HEARING REGULAR MEETING - MARCH 5, 1987 MATTER OF CAROL BARTHOLOMEW - APPL. NO. 3610 Matter of Carol Bartholomew for a Special Exception for the establishment of "Bed and Breakfast" use at 7015 Wickham Avenue, Mattituck. The Chairman opened the hearing at 7:45 p.m. and read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: We have a copy of the Suffolk County Tax Map indicating this property and properties in the surrounding area. Would you like to be heard? MRS. ~ARTHOLOMEW: I would like to request a Bed and Breakfast. inlmy~home. I have support letters from my neighbors. They're excited about the idea, hoping to use it for their own purposes if they have visiting relatives. Would you like these letters? CHAIRMAN: Yes, certainly. (Letters from Denis and Sharon Corridan and Richard and Carol Girards submitted for the record.) CHAIRMAN: Thank you very much. All right, let me just ask you a couple of questions. 'Coming over to your house last Sunday in all that rain, I notice that it is a rather large house. I also appreciate your giving us the floor plan of the house. Tha% is very very nice of you to accommodate us in that manner. Can you give us some background on why you feel y~ur house is suited for this type of use? MRS. BARTHOLOMEW: I constantly have people knocking on my door asking to come in and see the house. They like it very much~ I like hosting a lot. I'm very good with people. The house is perfectly set up for this sort of business. All the rooms are large. There are extra staircases, nice size windows. CHAIRMAN: Ok. And you're primarily in a farm area aren't you? Page 2 - March 5, 1987 Public Hearing Matter of CAROL BARTHOLOMEW - Appl. No. 3610 Southold Town.Board of Appeals Re§.ular Meeting MRS. BARTHOLOMEW: Yes. CHAIRMAN: Thank you very much. Let's zee what generates from the public hearing. Is there anybody else that would like to be heard in favor of this application? Anybody like to speak against the application? Questions from board members? (None) Ok~ hearing no further questions, I'll m~ke a motion closing the hearing and reserving decision until later. Thank you very much for coming in. We reserved decision and we usually make a deci- sion at the next meeting. You ~an'give us a call to see when we will make a decision or if we do tonight, whatever it might be. MRS. BARTHOLOMEW: the survey? Were there any questions with the changes on CHAIRMAN: No~ They' much. re self-explanatory. Ok? Thank you very On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to conclude (close) the hearing and reserving decision until later. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolu- tion was duly adopted. ~IT ~ARD ~ECRETARY SOUTHOLD TOWN BOARD OF APPEALS Z.B.A. PUBLIC HEARING REGULAR MEETING - MARCH 5, 1987 MATTER OF PHILIP AND ELLEN BELLOMO Matter of Appeal No. 3612 - PHILIP AND ELLEN BELLOMO for a Variance for proposed addition at rear of dwelling with insuffi- cient setback from wetlands along Great Pond (as revised). 7455 Soundview Avenue, Southold. The Chairman opened the hearing at 7:50 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: We have a copy of the Suffolk County Tax Map indicating this and surrounding properties. Mr. Bellomo, would you like to be heard? PHILIP BELLOMO: Yes, we've been turned down before, so we ask that we make changes with our architect, who made the structure smaller in order to comply with the Board's suggestion. CHAIRMAN: So you're right in line with the east side of the house? MR. BELLOMO: Yes, Sir. CHAIRMAN: Do you have any idea exactly how far that puts us actually from the edge of the Pond? MR. BELLOMO: I could guess. I think I measured 41 feet before. Now that we're sitting back, it's more like 45 feet--that's just a guess. CHAIRMAN: Because I have 50 feet here to the tie line, but that's not actually surveyed. Can I ask you, does the Pond increase in size during the Spring thaw? Does the water come up more toward the house? MR. BELLOMO: Yes Sir. It recedes and goes up and down. CHAIRMAN: Secondly are you putting a permanent foundation, or, will it be a crawl space underneath this? MR. BELLOMO: I believe a permanent foundation. CHAIRMAN: It will be a cement-block foundation, but will it be a crawl space or basement under this? MR. BELLOMo: No basement. CHAIRMAN: Is there presently a basement in the house now? Page 2 - March 5, 1987 Public Hearing Matter of PHILIP AND ELLEN BELLOMO Southold Town Board of Appeals Regular Meeting MR. BELLOMO: Wells there's a crawl space. there, crawl space. It's just dirt under 'CHAIRMAN: Where are the utilities of the house, on the main flOors upstairs? MR. BELLOMO: Yes. CHAIRMAN: Is the house heated presently? MR. BELLOMO: No. we are planning on putting it in. CHAIRMAN: All the utilities will be kept upstairs? on the main first floor of the house? Some pl ace MR. BELLOMO: Yes. CHAIRMAN: I think that you explained to me that this is mainly an extension of the porch, and the purpose of this extension was for a bedroom? MR. BELLOMO: Second-floor bedroom, up there, and to extend the porch -- it's quite small now. CHAIRMAN: We thank you. Let's see if there are any other questions. Is there anybody else that would like to speak in favor of this application? Any.body against this application? Any-questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, tO conclude (close) the hearing and reserve decision until later in the Matter of Appeal No. 3612 - P. & E. BELLOMO. Vote of the Board: Ayes: Messrs. Goehringers Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. ~I~¢NDA F. ~KOWALSKIs BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS Z.B.A. PUBLIC HEARING REGULAR MEETING - MARCH 5, 1987 MATTER OF KAPELL REAL ESTATE - APPL. #3511 Matter of Appeal No. 3511 - KAPELL REAL ESTATE INC. and LIMPET CORP. for Variances: (1) for insufficient lot area; (2) insuffi- cient lot width, (3) insufficient lot depth. Two proposed parcels. Linnett and Brown Streets, Greenport Driving Park. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated March 6, 1986 indicating Parcel A of 5,628 sq. ft., which is Lot #65 and Parcel B which is Lot #16 of 5,628 sq. ft. Lot A is on Linnett Street and Lot B is on Brown Street. SECRETARY: There is a survey with the building envelope. CHAIRMAN: Thank you. It is my understanding that both of these lots will be served or supplied with Greenport Water and Sewer, but I'll ask the applicant that. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties. Would you like to be heard, Mr. Kapell. DAVID KAPELL: For the record, my name is David Kapell, 400 Front Street, Greenport, New York, and I am the President of Kapell Real Estate Inc. I've submitted quite a bit of information to the Board regarding the characteristics of this property and adjacent properties in the neighborhood. To summarize on the block on which this particular property is situate, there are a couple of other similarly other merged lots which could end up before you for similar relief in the event this project is approved, The Board had asked that I submit some information with regards to that. In summary again, there are really after looking at it closer between which of these merged lots are already improved and which are actually vacant, which could be served by municipal sewer and municipal water, and which could not. The properties enjoin the same arguments that we have before this Board, and are limited to two. In other words, in addition to approving this lot, the impact on the particular on the block would be limited to two potential building lots, which again would be similar if not identical, to the majority of the lots in the neighborhood. Of those two properties where a lot could be set off, there is only one which enjoys the same minimizing characteristic which is this long, deep and narrow shape. Our lot is 50 feet wide--it runs I think 225 feet deep. Nobody is going to put a house in the middle of the lot, so that really, unless we can divide it, Page 2 - Appeal No. 3511 - KAPELL REAL ESTATE Public Hearing - March 5, 1987 Southold Town Z.B.A. Regular Meeting MR. KAPELL, continued: we end up with a lot, a good portion of which is substantially unusable, and there is only one other lot which is owned by Daysman Morris which has a similar characteristic, otherwise the other lots are more rectangular or square in shape, and don,t have quite the same problem we have. Even laying that aside, there are only two other situations on the block that would reasonably be expected to come before you for similar relief. The main issue is that the Town has an opportunity in situations like this without altering the character of the neighborhood to put back onto the market smaller lots which by nature of their size and location can be offered at a more modest price than the two-acre lots which the zoning ordinance now requires. We would like to be able to do that. We have a track record that we can rely based on prior experi- ence with this Board from Bridge Street and Champlain Place last year--which the Board approved a similar application where a lot ran from street to street and would have been a merger. You approved the set-off of a smaller lot. We did in fact sell to a local party which did build a house on it very quickly, and are living on the property. So we feel we have demonstrated our ability to provide the property to that portion of the market to which it is intended to serve~ and we would like to do the same thing here. We see the same opportunity. We don't see that there would be any adverse impact on the neighborhood. I'm not aware of any of my neighbors being in opposition to the project, or I may find out otherwise tonight. And would ask that the Board approve the project. I'm available to answer any questions. CHAIRMAN: It is my opinion that having received this letter from Mr. Monsell that you will have the sewer down there also? MR. KAPELL: We are going to provide sewer. There is sewer in Linnett Street, and all of the properties in the neighborhood that abut either the sewer or the water or the electric are entitled to s~rvice, and the Health Department by the way which did approve this plan relied on that also. The only problem that initially was sewer service on Brown Street, where there is no sewer, and what we have done is recorded an easement over the lot that would be created fronting on Linnett Street to allow for the installation of a sewer line connecting to the Page 3 - Appeal No. 3511 - KAPELL REAL ESTATE Public Hearing - March 5, 1987 Southold Town Z.B.A. Regular Meeting MR. KAPELL, continued: sewer on Linnett Street the lot on Brown Street, and that easement has already been recorded in the County Clerk's Office as requested by the Health Department, as part of our approval process. Do you have any questions that I could answer? CHAIRMAN': No, thank you very much. Is there anybody else that would like to speak in favor of this application? Anybody against this application? Questions from board members? The only thing that comes to mind,-I'm sorry to ask you to get up again, is that it appears that you are planning to construct, assuming the Board does grant this applications two dwellings, both of which appear to adhere to the present sideyard, rearyard, frontyard restrictions for a lot of this size'~ Do you have any objection that if the Board did entertain an application that a restriction be placed on that there be no further reductions or variances for construc- tion of either house on either parcel?~ MR. KAPELL: I have no objection whatsoever. CHAIRMAN: I thank you very much. hearing and reserving decision. I'll make a motion closing the On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to conclude (close) the hearing and reserve decision until later in the Matter of Appeal No. 3511 - KAPELL REAL ESTATE/LIMPET. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly. adopted. EINDA F. KOWALSKI, BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS Z.B.A. PUBLIC HEARING REGULAR MEETING - MARCH 5, 1987 MATTER OF R. MULLEN, JR. - APPL. NO. 3608 Matter of Appeal No. 3608 - RICHARD F. MULLEN, JR. Variance to utilize lot for paved parking area for employees of Mullen Motors. Zone Districts: Partly "A" and "B-I." East Side of Cottage Place, Southold. The 'Chairman opened the hearing at 8:10 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated September 19, 1986, Map of Property of Jennie A. Cochran, and I have a copy of the Suffolk County Tax Map indicating this and surrounding proper= ties in the area. Is there somebody that would like to be heard? Mr. McLaughlin. J. KEVIN McLAUGHLIN, ESQ. Thank you. Members of the Board, my name is Kevin McLaughlin. I am here this evening to represent Mr. Mullen in his application pursuant to Southold Town Zoning Code Section 100-112, Subdivisions H and I. I would like to hand up at this time as part of my presentation a letter I prepared for the Board. (Letter dated March 5, 1987 submitted for the record.) CHAIRMAN: Thank you. MR. McLAUGHLIN: This property, which is owned by Mr. Mullen is divided, the front portion of which at an angle appears on the site plan, which I believe is part of the file here with this application, the front portion being in the B-1 District and actually most of the property is in the A District. This has been designated as a variance application but I believe what we really have here is an application to the Board for its approval of a parking facility adjacent to Mullen Motors. I think it's important to understand that distinction because what we are talking about here is different criteria for the approval of than there would be for a variance, and the criteria for approval I think is set forth in the Zoning Code in Section 100-125 Subdivision C. Basically, in order to have an approval by the Board, the Board needs to determine that the use will not prevent the orderly and reasonable use of adjacent properties or properties in adjacent-use districts, that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district where the proposed use is to be Page 2 - Appeal No. ~u08 Pbblic Hearing held March 5, 1987 Southold Town Board of Appeals MR. McLAUGHLIN, continued: located, or permitted or legally established uses in adjacent use districts, the safety, health, welfare, comfort, convenience, or order of the Town will not be adversely affected by the proposed use and its location, and that the use will be in harmony with and promote the general purposes and intent of this chapter. And that section goes on and lists 12 factors which the Board shall consider in arriving at whether that determination can be made. We have an application pending before the Planning Board for site approval on this property. We have had a meeting with the Planning Board, and I believe in the file there is the recommendations of the Planning Board which basically consists of the posting of signs on the property indicating this is employee-parking only for Mullen Motors, and some addition on the site plan of screening along the southerly portions of the parcel where it abuts on a neigh- boring residential lot. The subject parcel measures approximately 105' by 165~ and as I said before, the dividin~ine between the two districts runs through this lot, approximately one-sixth of the lot is within the B-1 District and the remainder of the property is in the A Distr.ict. The parcel is bounded on the north by Mullen Motors, on the south by a residential lot, west by Cottage Place, and to the east by parking areas I believe owned by Mr. Albertson. We believe that the subject parcel is unique and that it is in an area of primarily business uses and also especially because of the dividing line between the two zoning districts runs through the property. The property is to be used solely for employee parking fOr Mullen Motors employees. There are 22 employees at Mullen Motors. Basically all of which drive their cars and are presently parking on the side streets adjacent to Mullen Motors. We feel that this is creating traffic congestion, sight-line problems, and problems of the neighbors in getting access to their properties. We feel if the Board grants us this approval on their property, it will eliminate most of those problems by bringing these cars that are parking all over the side streets onto a paved parking area--it's going to be paved. There is drainage on the parking area that will alleviate most of those problems. Additionally, we feel that this will act as a buffer between the existing Mullen Motors Showroom and garage, and the adjacent residential areal This lot will be used almost exclusively during the normal business hours in which Mullen Motors is open, so there Page 3 - Appeal No. 3608 Public Hearing Held March 5, 1987 Southold Town Board of Appeals MR. McLAUGHLIN, continued: will be very little parking there at night~, if any, and we feel that there will be little if any intrusion on any of the nearby residences. Also, with the addition of the screening along the southerly portion of this parcel, any effelcts that may be present will be minimized. As a practical matter, there are no other parcels in the immediate area of Mullen Motors that are within the B-I District in which we could use for employee parking for Mullen Motors. And in a minute I'll have Mr. Winters expand a little bit more on that detail. We feel also that, while it's our feeling that we are not held to the standards of a variance here tihat without this approval from the Board, Mr..Mullen could not obtain a reason- able return on this property. On the basi~s of the.foregoin§ and on the basis of Mr. Winters' proof that you'll hear in just a couple of minutes, we would respectlfully request that this Board grant us the approval and in liight of the criteriia that I've set forth in 100~121 Subdivision C, it's our feelilng that this will in no way cause any problem, s with the adjoining owners and will in fact improve the situatlion of all these cars parking on adjacent streets, and will! be a benefit to~ the area in general, and to the Town of Soiuthold as a Whole. Thank you. RICHARD WINTERS: Good evening, Ladies and Gentlemen. My name is Richard Winters. I've been asked basically to address two areas. The first is confirmation which has already been stated, and that is there simply wasn't andy other area similarly zoned B-1 that Mr. Mullen could ~have purchased to use for employee parking. Wi.thin a realsonable distance of the business, property, that I'm aware olf. Secondly and p~obably more importantlis the use of the isubject property if it's held.in strict compliance with resiidential or A-Residential Zoning. The economic hardshlip on Mr. Mullen would be severe-in my opinion-that property if held for residential d'eveloPment 'the probably wouldi be in and around $35,000 or .$40,000. .Half to one-acre builiding plots in a more desirable residential area, that is, iareas that are away from a commercial use, such as a garaige or business property over on the opposite corner. Prolperties away from the influence of the Main Road which is nelarby with the traffic congestion, the noise, are sellingl today about $70,000 or $75,000 on average. So I thinki'it's fair to Page 4 - Appeal No. 3608 Public Hearing Held March 5, 1987 Matter of RICHARD MULLEN, JR. - Z.B.A. MR. WINTERS, continued: state that the subject property if it were to be offered for residential use only would be priced in and around $35,000 or $40,000 in my opinion. Based upon the price that's paid by Mr. Mullen that is substantially higher than that figure, the economic hardship certainly exists. It was purchased by him purely for the use which is before you tonight, and not for any other use. So with that, I think I've covered the area I've been asked to do. If you have any questions, I'd be happy to answer them. CHAIRMAN: This is rare, but I don't have any. MR. WINTERS: Thank youQ Thank you, Sir. CHAIRMAN: Should we address you or Mr. Winters if there are any questions? MR. McLAUGHLIN: I will, if I can. CHAIRMAN: What is the present thought of the Planning Board concerning this application? Have you had a meeting with them? MR. McLAUGHLIN: Yes, we met with them last week, and I believe all they were asked to do was comment, and their comments were restricted to --restricting it solely to the employees of Mullen Motors, placing signs to that effect on the property and planting the screening along the southerly portion of the parcel where it abuts the residential property. I believe my understanding from the Board was if we complied with those provisions, and any of the provisions from this Board you might ask us to make, that site plan approval would be granted. CHAIRMAN: I thank you. Let's see what develops then. Is there anyone else to speak in favor of the application? Anybody like to speak against the application? (None) VICTOR LESSARD (Building Department): Mr. Chairman, if I may. This is the first time I've seen the site plan. But in.order not to put this thing back in limbo, I was wondering if it's possible for this Board to addres's the fencing. It's going to interfere with certification, and I think it should be cleared out and not hinder this problem. Page. 5 - Appeal N'o.'1360.8 .- ..MULL.EN .P.ublic Hea.r.~ing Held PlarChl Southold Town Board of Appeals · CHAIRMAN: Well, what would You like the Board t© do? MR. LESSARD (Building Dept.): It is a vacant lot, and it is a six-foot fence and it is going to require a var. iance, and rather than go through another two months, whatever, under the guise of proper screening, or whatever, I would ask the Board to please address this, and if it needs a variance and the Board sees it that way, fiq. e. CHAIRMAN: 'Can I ask you, Victor, how far to the east or how deep would the fence be required to be four feet? MR. LESSARD: All of it. It's a vacant lot. CHAIRMAN: Being a vacant lot, it has to be six feet all around? MR. LESSARD: Yes. It is supposed to be four feet. He indicates here he would like to have six, and I can understand that, so I'm asking the Board to please address it if possible. CHAIRMAN: Is there anything you would like to say about that, Mr. McLaughlin? Or Mr. Mullen? MR. MULLEN: I would rather have a six foot fence for security. CHAIRMAN: It wasn't advertised for the fence and we may have to re-adverti se-- MR. LESSARD: It could be addressed under screening if the Board so desires. I think that we could stay that way--You've got residential all around, and there is a clause in there--you might stretch the 50' part, but I think it could be addressed. CHAIRMAN: Well, we'll see what we could do in that area. No question about it. you're not planning to put gates on this at all are you for the weekend, for.the part adjacent to contiguous to the road? Yes. All right. We'll see what we can do in that respect. We can get CQunsel's opinion if the application has to be readdressed concerning the fencing area or i.f we can go as Mr. Lessard has mentioned. Go ahead-- MEMBER GRIGONIS: As part of the site plan. MR. LESSARD: Yes, but that variance has to come out of this Board. Before the hearing is closed, if it's possible, I would like it addressed, otherwise it's just going to delay the process. P~ge 6 - Appeal~ No. 3608 - MULLEN Public Hearing - March 5, 1987 Southold Town Board of Appeals CHAIRMAN: No, I do understand that. MR. MULLEN: fence. With the screening around it, you won't even see the CHAIRMAN: You could slat the fence, one way or another. We've asked for that before. Because what happens With the evergreens is, if they don't get watered sometimes, they die and it ends up to be more expansive than with the slatting to be honest with you. CHAIRMAN: It's not addressed in the Notice of Disapproval. CHAIRMAN: There was one other thing I wanted to ask. Whlat about the lighting situation? Will there be any overhead lighting? MR. McLAUGHLIN: The site plan does call for overhead lighting. As I indicated to the Planning Board, the lighting is going to be directed inwards so .there will be no illumination outside of the boundaries of the parking lot. CHAIRMAN: Ok. Let's see what ~develops concerning that. Is there anyone else that would like to speak concerning this application? Just for the record, we are going to take a long hard look at this one and do the best we can from a personal viewpoint. It is something that's very deeply needed--there's no question about it. We'll do the best we can. As I said, we may have to readdress the issue of the fence, but we'll see what happens. We'll talk to counsel concerning that, and thank you very much for coming in. MR. McLAUGHLIN: Thank you. On mot~ion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to conclude (close) the hearing reserving decision until later. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Doyen. (Member Sawicki was absent.) This resolution was duly adopted. IIv "'NDA F, KOWA£SK"'~r"I ,~ BOARD SECRETARY SOUTHOLD TOWN BOARD OF APPEALS Z.B.A PUBLIC HEARING REGULAR MEETING - MARCH 5,___198~ MATTER OF APPEAL NO. 3592 - BENTE SNELLENBURG Matter of Appeal No. 3592 - BENTE SNELLENBURG. Variances: (1) for approval of 8' height of fencing along easterly property line a length of 72± feet; and (2) Appealing the 11/6/86 Order to Remedy Violation which mandates building permit for new fencing. ROW off E/s South Harbor Road, Southold. The Chairman opened the hearin9 at 8:37 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a request for a postponement this egening from Philip O. Cardinale, Esq. in behalf of Mr. and Mrs. Donald Dean, adjoining property owners, necessitated by recent hospitalization and major surgery of Mr. Dean. Is there anyone presently to speak in behalf or against at this time? (No oneo) I make a motion recessing this matter until our April 30, 1987 Regular Meeting. On motion by Chairman Goehringer, seconded by Member Grigonis, it was RESOLVED, to recess the Matter of Appeal No. 3592 in the Application of BENTE SNELLENBURG until our April 30, 1987 Meeting, as agreed' Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. Respectfully submitted, ~_~lEqnda F. Ko'walsi~i-, Secretary Southold Town Board of Appeals _3UTHOLD TOWN BOARD OF APPEAL'S MATTER OF RAYMOND AND ELEANOR KERESTER THURSDAY, MARCH 5, 1987 PUBLIC HEARING 8:39 p.m. Appeal No. 3611 - Public Hearing commenced in the Matter of RAYMOND AND ELEANOR KERESTER. Variance for approv- al of insufficient lot width of three parcels each containing 4.6± acres. W/s Paradise Point Road and N/s North Bayview Rd. Southold. The Chairman read the legal notice and application for the record. CHAIR~CAN GOEHRINGER: I have a copy of the subdivision map. The most recent date is December 10, 1986 indicating lot number one at 4.6, lot number 2 at 4.6, lot number 3 at 4.6, all of which are approximately 150 feet wide. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? MS. MOORE: We're here strictly because of the bulk and parking schedule that requires us to seek a variance. Standard for re- view is practical difficulties and four criteria, I believe, are met in this case. The first, this is not a substanital variance' in relation to the requirements. The requirements are 175 feet in the bulk and parking schedule but we only have 150. The re- duced width of the 25 feet, is being compensated by the length of the property. It's, in total, 4.6 acres and we are asking you to give us the relief on the width of the lot. In a sense, to preserve the open space and the lot sizeo Otherwise, it would create a whole new configuration. And possibly even waiting un- til the proposed Master Plan is enacted which would allow us one acre zoning in that area. The shape of the lot creates the dif- ficulty and the width of the lot is the important element. Par- don me. The width is the~problem and the size of the lot is cer- tainly large enough to make this a reasonably sized parcel. The impact on government facilities and services will not be impacted. There are less than three acres that are waiting for... I can't read my own notes. I'm sorry. I'm having trouble here. The lots are each 4.6 acres and we are only creating three lots. Therefore, they will not be a substantial impact on government facilities. Finally, thirdly, a variance is not detrimental to the character of the surrounding neighborhood. If you refer to the tax map which was included in part of the application, it shows that most of the par- cels in that area are approximately two acres, adjacent parcels. And many other parcels in that area are between half an acre and an acre. Therefore, this 4.6 acre parcel is actually much greater than anything in that area. In light of all the above factors, justice will be served by granting this variance. Those are the require- ments. If you have any questions, I'll try to answer them. ~age ~2 - March 5 ~987 Public Hearing - ~aymond and Eleanor Kerester Southold Town Board of Appeals CHAIRMAN GOEHRINGER: The building envelopes indicated on lot num- ber 1 and lot number 2 are down fairly close to %he water. As in the case of the building envelope on lot number ~ which appears to be fairly close to the road. Pending the receipt of the letter which was addressed to a colleague of ours, Mr. Orlowski, from the Suffolk County Oepartment of Health Services, it doesn't specifical- ly indicate on this map where the pond is and where any specific wet- lands might be on the premise. And think that we kind of have to have that to make sure that you can fit everything on there. I will say to you that it has been the nature of this Board that; in cases of this situation and depending on the uniqueness of the parcel, to grant applications of this nature. We did it some time in the late Summer and the early Fall on a piece on Long Island Sound out in Matti- tuck between Mattituck and Cutchogue. And I don't think that we take a severty hard look at applications like that but we want to make sure that we are no~ endangering any environmental grasses or placing build- ings in areas that would be adverse to people or probably better well versed than we are in investigating these things. And so I would ap- preciate i% if you would ask Mr. VanTuyl to go down to give him a copy of this letter indicating to him that we have found that, based upon this observation from the Department of Health Services that there was at lease a pond which they referred to as a small fresh water ket- tle pond and that indicates any wetlands on the survey. MS. MOORE: I know the letter you're speaking of. We reveiwed that. Correct me if I'm wrong. But I believe that your jurisdiction in this case is only on the variance which was the application we presented to you. CHAIRMAN GOEHRINGER: That's correct. MS. MOORE: We are not seeking a building permit on these parcels. And when the subdivision is approved, then individual property owners would have to make an application on construction on these parcels. Now I believe at that time, these issues would be better addressed. I don't know at this point, you should be concerning yourself with that letter. And I believe that the Planning Board, if either of the two Boards should even be concerned with that. It has more of a County jurisdiction over that. CHAIRMAN GOEHRINGER: What we're primarily interested in is the building envelope situation which you show three. And I don't know if they're properly placed based upon the information you have on the survey. MS. MOORE: Based on that letter claiming that lot 2 had some tidal, not tidal wetlands... But allowing a 5 foot contour, there was a mention there° I believe that was the only .... Because of all these building plots, we're on the 10 foot elevations. CHAIRMAN GOEHRINGER: Well, the only other thing that you can do, you can do that, you can indicate that on the survey if you care to, where the grasses are so on and so forth. And you can also stake the three building envelopes and we can go out and look at them°and make sure that from our own personal findings and recommendations, that we'd be happy after we look at where they are actually placed° That they are in within an area. We'd be very happy to deal with that. · Page 3 - March 5, 1987 ~ ~Publ~c Hearing - ymond and Eleanor Kerestel Sou%hold Town Board of Appeals MS. MOORE: I don't know (though) if you should be dealing with that issue. CHAIRMAN G©EHRINGER: building envelopes. lopes in this area. We have %o deal with it if you're giving us And uniquely, you've given us building enve- MS. MOORE: I think that was for the D.E.Co The survey was pro- vided for the Planning Board and the D.E.C. as wello You're deal- ing strictly with the width of the lot. I'll go back to my client again and explain what you've asked but I don't know if you are... CHAIRMAN GOEHRINGER: Well, pending the receipt of this letter, Re- member, we have not done any negative declaration on this parcel. So pending the receipt of this and the letter that I have in front of us, there is a great possibility that we might find that there is a positive.effect upon the environment based upon what we have here. That may not be the case because of this° It doesn't specifically delineate where everything is on this survey. I assume because, we are not really surveyors. MS. MOORE: We read that and I compared it to the survey. I under- stand the questions you raise becasue they were also in my mind but I wondered where exactly it belonged. Making these types of recom- mendations to the Zoning Board, I questioned their letter. CHAIRMAN GOEHRINGER: Regardless of this, I mean there's overlapping jurisdictions anyway. We all have to deal witl~ t~h~S[QR~<p~£es-$~. ?~-~ MS. MOORE: So what you want really is a survey to show the possible wetland area? CHAIRMAN GOEHRINGER: That's correct. And I really would like to see these two areas up in front, regardless of if it"s for the D.E.C. or i'~h0~e~-~ Just stake the four corners so we could walk up there and see exactly the fact that there isn't any water. I realize there is significant elevation up there but I don't know what is the nature of that elevation. I don't know what's in the center of the elevation or whatever the case might be. And if you could do it for us before the next meeting, we'd go right over and take a look at it. We'll re- cess this one and we'll address the issue right after the next meeting. I don't think there's going to be any .... It's going to be a little additional expense but I don't think there's going to be any tremendous lapse of time. A loss of time. MS. MOORE: I'll relay that information to Mr. Kerester. Anything else? CHAIRMAN GOEHRINGER: At this particular time, No. Thank you. Is there anybody else that would like to speak in favor of this applica- tion? Anybody like to speak against the application? Hearing ques- tions from Board members? Excuse me sir. Yes. Could you state your name for the record sir. Page 4 - March 5, .~987 Public Hearing - Raymond and Eleanor Kerester Southold Town Board of Appeals "0~ CALLIS: I'm an adjoining land owner. I have a question. If this variance should be granted and we end up with three lots of 4.6 acre lots, would there be variances prohibited in the future? CHAIRMAN GOEHRINGER: Certainly. MR. CALLIS: This would be the only one the owners would be entitled to? We'll end up with three lots at 4.6 acres. So will any of the future owners come back and ask for division of these lots? CHAIRMAN GOEHRINGER: We, as well as the Planning Board and I'm no~ speaking for the Planning Board would probably address the is- sue in this particular manner. That there be no further subdivision of these properties. The minute you say the word variance, we can no~ specifically stop an applicant from coming before us_ and asking for a reduction of a lot line. Meaning they want to build an 85 foot house or a 100 foot house on a 150 foot lot. And because the multi- topographical area of the lot, it may push the house over to one side a little bit closer to one lineo But as I assured you, that is some- thing we have no control over. The person has the right in this town, as in any town, to address the issue in this particular manner. How- ever, as for the subdivision, I believe you're thinking in the correct area and that was; we'd certainly put a restriction on it that there be no further subdivision on ithat property. MR~ CALLIS: Thank you. CHAIRMAN GOEHRINGER: You're very welcome. Is there anybody else who would like to speak against the application? Questions from ~card mem- bers? Hearing no further questions, I'll make a motion recessing this hearing until the next regularly scheduled meeting. Ail in favor - AYE. Typed from cassette tapes recorded electronically during the meeting. By Nadia Moore