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HomeMy WebLinkAboutZBA-04/14/1988APPEALS BOARD MEMBERS GERARO P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765 1809 MINUTES REGULAR MEETING THURSDAY, APRIL 14, 1988 A Regular Meeting and Public Hearings of the Southold Town Board of Appeals were held on THURSDAY, APRIL 14, 1988 commencing 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; Charles Grigonis; Robert J. Douglass and Joseph H. Sawicki, constituting all five Members of the' Board. Also present were Linda Kowalski, Board Secretary, and approximately 25 persons at the beginning of the meeting. (Mr. Lessard was absent.) The Chairman opened the meeting at 7:30 p.m. and proceeded with the first item on the agenda, as follows: DELIBERATIONS/DECISION: Matter of CHARLES ZAHRA under Appl. No, 3701. The Chairman indicated that the following interim decision is as a result of hearing and considering all testimony and reviewing all documentation in the record: WHEREAS, public hearings were held in the Matter of CHARLES ZAHRA under Appl. No. 3701 on February 18, 1988 and March 3, 1988; 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 Southold Town Board of Appeals -2- April 14, 1988 Regular Meeting (Appl. No. 3701 - ZAHRA, Interim Decision, continued:) 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 requesting a reversal of the determination of the Building Inspector of his Revocation of Building Permit #15428Z issued October 27, 1986. The revoca- tion was issued on November 5, 1987. 2. The property in question is located in the "B-l" General Business Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 4, Lot 005. 3. The subject premises contains a total area of 3,800 sq. ft. with 40.0 ft. frontage along the south side of Pike Street in the Hamlet of Mattituck, Town of Southold. 4. The subject premises is presently improved with a partially completed one-story concrete foundation with exterior walls. Previously, the premises was improved by a two-story structure which was nonconforming as to various setback requirements and as to use. 5. The building permit was revoked under Article XVI, Section 100-142 of the Zoning Code which reads as follows: "...The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. Southold Town Board of Appeals -3- April 14, 1988 Regular Meeting (Appl. No. 3701 ZAHRA, continued:) 6. Hearings were held on this application on February 18, 1988 and March 3, 1988. The hearing was left open at that time to permit the Board to make a physical inspection of the premises and to include matters of personal knowledge in the record. This was completed by March 14, 1988, and the hearing was closed at the Board's Regular Meeting on March 17, 1988. 7. Based on the facts in the record, it appears that the applicant proceeded with work in excess of the plans submitted to the Building Department. It further appears that the applicant has undertaken to completely rebuild the structure. Indeed, the second story has been totally removed and the first floor has been completely rebuilt. The construction also includes increasing the square footage of the new structure when compared to the prior structure. 8. Irrespective of whether the actual construction complied with plans submitted, the facts before the Board raise serious other issues pertaining to the validity of the building permit. Specifically, the evidence would tend to show that the applicant is endeavoring to reconstruct and structurally alter his nonconforming building to an extent exceeding the aggregate cost of 50% of the fair market value of the building. This would violate Section lO0-118E of the Zoning Code. The Board notes in passing that such extensive reconstruction would also subject the project to compliance with present building code requirements under the New York State Building Code. 9. Based on the personal knowledge of the Board and conservations with family members of the prior owner, it further appears that the use of the premises may have been discontinued for a period in excess of two years. This would result in the premises losing its nonconforming status under Section lO0-118D of the Zoning Code and thereby render the revoked building permit invalid. 10. In his letter dated March 17, 1988, counsel for the applicant indicated that issues of discontinuance of the nonconforming use and improper expansion of a nonconforming use were not squarely before the Board at the hearings held. Counsel requested an opportunity to be heard on those issues. ll. The Board hereby finds that serious factual and legal issues exist regarding the validity of the building permit Southold Town Board of Appeals -4- April 14, 1988 Regular Meeting (Appl. No. 3701 - ZAHRA, continued:) under Section lO0-118 of the Zoning Code and under the State Building Code. These issues go to the very heart of the permit and should be resolved at this juncture. Since no vested rights can be obtained under an illegal permit, it would appear to be int he applicant's best interest to have these issues resolved now in addition to the limited questions applicant formally presented to the Board. Nor can this Board close its eyes to these issues revealed, in the record when considering the appropriateness of the Building Department's revocation of the building permit. 12. Since counsel for the applicant has requested an opportunity to be heard on the issues of the nonconforming status of the property, we hereby set this matter down for a further hearing, at which time the applicants should be prepared to present evidence regarding the factual issues that exist under Sections lO0-118D and lO0-118E of the Zoning Code. Now, therefore, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the Matter of the Application of CHARLES ZAHRA under Appl. No. 3701, BE AND HEREBY IS SET DOWN FOR A FURTHER HEARING, to be held on the 12TH DAY OF MAY, 1988, at which time the applicants should be prepared to present evidence regarding the factual issues that exist under Sections lO0-118D and lO0-118E of the Zoning Code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. The Chairman handed Mr. Charles Zahra a copy of the Board's decision in draft, unofficial form, and indicated that the official final decision will be available tomorrow. Southold Town Board of Appeals -5- April 14, 1988 Regular Meeting The following Public Hearings were held, and the Verbatim Transcripts are attached for reference (see last pages of these Minutes): 7:32 7:46 p.m. Appl 7:46 7:50 p.m. Appl 7:50 8:00 p.m. Appl 8:00 - 8:20 p.m. Appl 8:20 - 8:28 p.m. Appl 8:28 8:38 p.m. Appl 8:38 8:54 p.m. Appl 8:54 - 9:00 p.m. Appl 9:00 9:25 p.m. Appl 9:25 9:35 p.m. Appl 9:50 10:20 p.m. Appl No. 3719 - SOUTHOLD SAVINGS BANK No. 3716 - ROBERT E. WALDRON, JR. No. 3575 - ROSA J. HODGSON No. 3707 - JOSEPH F. CITARDI No. 3709 - EDWARD A. HANUS No. 3715 - BERNARD KIERNAN No. 3722 - MANFRED KUERNER No. 3687 - JON C. KERBS No. 3633 and 3636 - TARTAN OIL CORP. No. 3703 JOHN AND EVELYN KEATING No. 3710 - THE COVE AT SOUTHOLD, INC. Each and every hearing was closed following receipt of verbal testimony, pending deliberations. EN~VIRONMENTAL DECLARATIONS: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Environmental Declarations in accordance with SEQRA, Section 617, 6 NYCRR and Chapter 44 of the Code of the Town of Southold: (a) Southold Savings Bank #3719 Unlisted Action (b) Robert E. Waldron, Jr. #3716 - Type II Action (c) Rosa J. Hodgson #3575 - Type II Action (d) Joseph F. Citardi #3707 Type II Action (e) Edward A. Hanus #3709SE Unlisted Action (f) Bernard Kiernan #3715 Type II Action (g) Manfred Kuerner #3722 Type II Action (h) Jori C. Kerbs #3687 Type II Action (i) The Cove at Southold #3710 - Type II Action (j) John and~Evelyn~K~ating #3703 ~ Typ~ II Action, Southold Town Board of Appeals -6- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (a) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3719 PROJECT NAME: SOUTt{OLD SAVINGS BANK 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~e, ffect 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 ~] Unlisted [ ~ DESCRIPTION OF ACTION: Erect on-premises building ID sign~ the lower edge of which will be less than four feet above ground LOCATION OF PROJECT: Town of Southold~ County of~Suffolk, more particularly known as: 1400 Railroad (a/k/a Young%) Ave., Southold, NY 1000-60-2~10.4 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) The property in question is not locate~'within 300 feet of' tidal wetlands or other critical environmental area. Southold Town Board of Appeals -7- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (b) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3716 PROJECT NAME: ROBERT E. WALDRON, JR. 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~e_ffect 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: . [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Constru~ deck addition at rear of" existing dwelling which is'less ~han 75 feet from the mean highwat~r mark ~6C~8~ Creek . OF PROJECT. Town of Southoldl County of, Suffolk, more particularly known as: 2980 Ole Jule Lane., ~attituck, NY 1000-122-4-17 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, SEQRA. (3) Information has..been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -8- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (c) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3575 PROJECT NAME: ROS~ J. HODGSON 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 Tow~ of Southold. This board determines the within project not to have a signifi-... cant adverse~e_ffect 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: . IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTiON:Approval'Of the insufficient area a~d width of parcel to be set-off in this pending division of land LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more particularly known as: Pine Neck'Road, S6u~hold, NY 1000-70-6~33 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has b~en 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 of Appeals -9- Apr. 14,1988 Regular Meeting (Environmental Declarations, Continued:) (d) S.E.QoR.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3707 PROJECT NAME: JOSEPH F. CITARDI 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~n°t to have a signifi- .. cant adverse~e~ffect 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: · [XJ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) Insufficient setback from bank ~lon~ L.I. Sound and (b) Insufficient frontyard setback from front, property line along C.R. 48, in this new dwelling construction proposal LOCATION OF PROJECT: Town of Soufhold; County o~.Suffolk, more particularly known as: 56225 C.R. 48, G~eenport, dY ' 1000-44-01-22 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has b~en 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. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCR~, SEQRA Southold Town Board of Appeals -]0- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) (e) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3709 SE PROJECT NAME: EDWARD A. HANU S This notice is issued pursuant to Part 617 of the implementinq 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: [_ I Type II [~] Unlisted [ ] DESCRIPTION OF ACTION~ Approval'6f Accessory Apartment Qi~hin existing dwelling structure LOCATION OF PROJECT: Town of Southo'ld; County of. Suffolk, more particularly known as: 635 Lupron Point'Road, Mattituck, NY 1000-115-11-3 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) This is an application concerning use of' premises and is not directly related ~o new construction. Southold Town Board of Appeals -]]- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued: ) (f) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3715 PROJECT NAME: BERNARD KIERNAN 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 ~ffect on the environment for the--~asons 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION:PermiSsi6h to construct additions to dwelling and accessory str~cture(s) within 75 feet of ordinary highWater mark %~%~%~%~CT: Town 0f Southoldl County of, Suffolk, more particularly known as: 1605 North Parish..Drive, Southold, .NY 1000-71-1-15 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, SEQRA (3) Information has..been submitted by applicant or his agent indicating that the project will not involve the disturbance of wetlands g~asses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -12- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (g) $.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3722 PROJECT NAME: MANFREDKUERNER 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~e, ffect 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION: Extend g~rage an add. two ft., additional living area with reduction of nonconf, s~deyard, excessive lot coverage, insufficient total sideyards and within 75 feet of bulkhead LOCATION OF PROJECT: Town of Southold~ County of. suffolk, more particularly known as: Carole Road, Southold, NY _ 1000-52-2-3 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) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals -]3- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (h) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3687 PROJECT NAME: JON C. KERBS 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_Dffect 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Interpretation and, if necessary, ~ Variance for permission to locate building. 75 feet from the N.Y.S.D.E.C. deL termined tidal wetlands line LOCATION OF PROJECT: Town of Southold; County of. Suffolk, more particularly known as: E/s Narrow River .Road, Orient, NY . 1000-27-2-5 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, SEQRA Southold Town Board of Appeals -]4- Apr. 14 , 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3710 PROJECT NAME: THE COVE AT SOUTHOLD, INC. 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_~ffect on the environment for the--~asons 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: · [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:To locate'buildings 75 or more feet. from NYS D.E.C. determined tidal'wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses LOCATION OF PROJECT: Town of Southoldl County of, suffolk, more particularly known as: S/s Main Bayview Road, Southold, Ny 1000-87-5-20 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 ~equested is a setback variance as regulated by Section 617.13, 6NYCRR, SEQRA Southold Town Board of Appeals -]5- Apr. 14, 1988 Regular Meeting (Environmental Declarations, Continued:) (J) $.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3703 PROJECT NAMe: JOHN AND EVELYN KEATING This notice is issued pursuant to Part 617 of the implementinq 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~e~ffect 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION: ConstruCt' new dwelling and garage with an insufficient setback from top pf bluff along L.I. Sound LOCATION OF PROJECT: Town of Southold~ County of, Suffolk, more particularly known as: 19995 Soundview A~., Southold, NY. 1000-51-04.-006 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, SEQRA, (3) Information has~been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas sjubject to flooding which may be considered wetlands. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals -16- April 14, 1988 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3719: Application of SOUTHOLD SAVINGS BANK for a Variance to the Zoning Ordinance, Article VI, Section 100-60C(2)[a] for permission to erect an on-premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southern, NY; County Tax Map Parcel Nos. 1000-60-2-10.4 (prev. 10.2 and 10.3). The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on April 1988 in the Matter of the Application of SOUTHOLD SAVINGS BANK under Appl. No. 3719; and 14, 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 located on the east side of Youngs (or Railroad) Avenue in the Hamlet and Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 60, Block 2, Lot 10.4 (previously 10.3 and 10.2). 2. The subject premises contains a total area of 2.304 acres and frontage of 194.42 feet. 3. The premises is located in the "B-l" General Business Zoning District and is improved with a two-story bank-office building and 18' by 46' accessory storage building, all as shown on Site Plan Map prepared by Donald A. Denis, A.I.A., P~C., Architect revised August 28, 1986. 4. By this application, appellant requests a Variance Southold Town Board of Appeals -17- April 14, 1988 Regular Meeting (Appl. No. 3719 SSB decision, continued:) from the Provisions of Article VI, Section lO0-60(C), Sub- section [2](a) for permission to place ground sign of a sign area of 22" high by 108" wide at 18~' above ground rather than the required 48" above ground. 5. The proposed ground sign is for on-premises identification purposes for "Southold Savings Bank" and is proposed to be located 14 ft. east of the concrete curb along Railroad Avenue, 6 ft. from the westerly property line, and 24 feet north of the driveway curb (see sketched site plan and sketch of Peter Jacques Sr. dated March 1, 1988)~ 6. It is the opinion of the Board that the sign as proposed is consistent with the purposes and intent of the zoning requirements and is aesthetically more agreeable. 7. The height of the sign will not cause visual obstruction for vehicles exiting the premises and the Board agrees with the reasoning of appellant. 8. In considering this appeal, the Board finds and determines as follows: (a) the variance requested is not substantial in relation to the requirement; (b) the grant of the variance will not cause an undue burden on available governmental facilities; (c) the grant of the variance will not produce a substantial adverse change in the character of the neigh- borhood or create a substantial detriment to adjoining properties; (d) the circumstances of the property are unique; (e) the interests of justice will be served by grant- ing the relief, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of the Southold Town Board of Appeals -18z April 14, (Appl. No. 3719 - S.S.B., decision, continued:) 1988 Regular Meeting Application of SOUTHOLD SAVINGS BANK under Appl. No. 3719 ~or the placement of a ground sign at a height 18" above ground as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. CONFERENCE NOTICE: A conference has been scheduled by the N.Y.S. Department of Environmental Conservation to be held on May 5, 1988 at the Riverhead Town Hall for eastern Suffolk communities. Registration is required, and the Board Members were distributed copies of the agenda (8:35 - 4:45 p.m.) Member Douglass indicated that he would attend, and Member Doyen said he will confirm his attendance by April 29th. The subject of the Conference is "Coastal V Zone Development." OTHER CORRESPONDENCE: CLIFFSIDE ASSOCIATES/TIDEMARK (Pending Special Exception Application as Amended). Copies of the letter with enclosure received April 7, 1988 from Richard T. Haefeli, Esq. concerning the Envfronmental Impact Statement and updated SEQRA status were distributed previously to the Z.B.A. Members. No action was taken. Chairman Goehringer asked for an update from the Town Planner concerning the Zoning Board's input on the traffic concerns. OTHER CORRESPONDENCE: A copy of the March 25, 1988 letter from Alexander G. Sarris addressed to Mr. Vincent Wieczorek, Building Inspector (received March 29th) was previously distributed to the Board Members and the Town Attorney for their ~nf~m~on. (Enforcement is not within the jurisdiction of the Board of Appeals~'and~it ~/s a matter that should be brought to the attention of both the Building Department and Town Attorney.) CONFERENCE-TOWN ATTORNEY: The Board Members were advised Southold Town Board of Appeals -19- April 14, 1988 Regular Meeting of the seminar proposed for Thursday or Friday afternoons, once a month, around 3:00 or 4:00 p.m. for the purpose of keeping Boards up-to-date on current case law and legislative changes. (See memorandum dated March 28, 1988 from James A. Schondebare, Town Attorney.) Member Sawicki indicated that he will be available when notified. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:25 o'clock p.m. (Attached hereto are verbatim transcripts of tonight's hearings for reference.) Respectfully submitted, / ~ePrPar°r?~. Goehrin~er, Chairman Li nda F. Southold Kowalski, Secretary Town Board of Appeals RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~RK DATE ~/~/q~ HOUR ~.'~o~ Town Clerk, Town of Southold