HomeMy WebLinkAboutZBA-01/11/1988 SPECAPPEALS 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 RDAD ~-5 SDUTHDLD, L.h, N,Y, 11971
TELEPHONE (516) 765-1809
M I N U T E S
SPECIAL MEETING
MONDAY, JANUARY ll,
1 988
A Special Meeting of the Southold Town Board of Appeals was
held on Monday, January ll, 1988 at the Southold Town Hall, Main
Road, Southold, New York 11971, (at the east end office area).
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.~ Robert J. Douglass; and Joseph H. Sawicki. Absent
was: Serge Doyen (Fishers Island). Also present were: Linda
Kowalski, Z.B.A. Secretary, Victor Lessard, Building-Department
Administrator, Suffolk Times Reporter Jack Williams, and three
persons in the audience at the beginning of the meeting.
The Chairman opened the meeting at 7:15 p.m. and the Board
proceeded with deliberations, as follows:
DELIBERATIONS/DECISION: Appl. No. 3695 Special Exception.
Application of HENRY J. SMITH & SON INC. for a Special Exception
to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission
to construct truck-storage building in this "C-Light Industrial" Zoning
District at premises known as 2740 Peconic Lane, Pe¢onic, NY; County
Tax Map District 1000, Section 74, Block 2, Lot 19.1.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on
1987 in the Matter of the Application of HENRY J. SMITH &
Application No. 3695; and
December 10,
SON under
WHEREAS, at said hearing all those who desired to be heard
Southold Town Board of Appeals -2- January II, 1988 Special Meeting
(Appl. No. 3695 - H.J. SMITH & SON, decision, continued:)
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 i's located along the east side
of Peconic Lane (extending to the west side of Carroll Avenue,
Peconic; is located in the "C-Light Industrial" Zoning District;
and is identified on the Suffolk County Tax Maps as District 1000,
Section 74, Block 2, Lot 19.1 (prev. 19 and 12).
2. The subject premises is improved with the following
structures: (a) wood-frame 25' by 25' one-car garage and
carport building, (b) above-ground elevated storage tank,
(c) 20' by 24' wooden-frame [storage] building, all as shown
on the August 24, 1987 Site Plan prepared by Samuels-Steelman,
Architects.
3. By this application, applicant requests a Special Exception
concerning the use of a proposed one-story garage building for storage
of fuel-oil trucks associated with Henry J. Smith & Son (the current
occupant of the premises). The building proposed is of a size 36 ft.
by 75 ft. with a minimum setback of 30 feet from the nearest southerly
property line and at 190 feet from the westerly front property line.
The subject building is proposed to be located directly over the
division line between Lots I and 2 (see endorsed subdivision map
of the Planning Board of March 1985).
4. For the record it is also noted that: (a) the width of
the subject premises as exists was sanctioned under Appl. No.
3309 on January 24, 1985 for the division approved by the
Planning Board in March 1985, (b) the premises was the subject
of prior Appl. No. 676 of June 25, 1964 for a division of land
concerning premises identified as Lots 22 and 23 on the Suffolk
County Tax Map, District 1000, Section 74, Block 3.
5. It shall be understood based upon the submissions under
Southold Town Board of Appeals -3- January ll, 1988 Special Meeting
(Appl. No. 3695 - H.J. SMITH & SON decision, continued:)
this application that:
(a) the subdivision of Lots 1 and 2 shall become null and
void in its entirety once a building permit has been issued and
construction commenced;
(b) a Covenant in legal form shall be furnished to the
Planning Board from the property owner, with copies to the
Building Department and Board of Appeals, certifying the waiver
and nullification of the 1985 Subdivision, and re-merging the
premises into one lot as shown on the Site Plan Map prepared
August 24, 1987 by Samuels-Steelman Architects under consideration;
(c) in the event Items (a) and (b), supra, are not complied
with, no building permit[s] shall be issued unless application is
filed and considered by this Board for an Amended Special Exception
(or other action as may be deemed necessary accordingly).
6. It shall also be understood that this project:
(a) shall not violate any building or zoning code
regulations;
(b) appropriate screening and lighting which will
not be adverse to neighboring residential properties will
be provided and additionally considered by the Planning Board
under the requirements of Article VIII, Section 100-80.
7. In considering this application, the Board also
finds and determines: (a) that the use requested is consis-
tent and coincidental to the established fuel-storage use of
of the premises; (b) that the use requested will not prevent
the orderly and reasonable use of adjacent properties or of
properties in adjacent-use districts; (c) the use will not
adversely affect the safety, welfare, comfort, convenience,
or order of the town; (d) the use is in harmony with and
promotes the general purposes and intent of this C-Light
Industrial Zoning District. The Board has also considered
subsections Ia] through [1] of Article XII, Section 100-121-
(C)[2] of the Zoning Code in making this determination.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to GRANT a Special Exception for permission
Southold Town Board of Appeals -4- January ll, 1988 Special Meeting
(Appl. No. 3695 - H.Jo SMITH & SON decision, continued:)
to use proposed storage building for the storage of trucks
incidental and consistent with the existing use (for
oil storage) of HENRY J. SMITH & SON, SUBJECT TO THE
FOLLOWING CONDITIONS:
fuel
1. Compliance with paragraphs 5 and 6, supra;
2. Main egress/ingress shall be off the east side of
Peconic Lane (rather than Carrol~l Avenue)~
3. Action of the Southold Town Planning Board concerning
Site-Plan approval, etc.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Pending Application: Appl. No. 3691 - HOSNY SELIM. Public
Hearing held and concluded December 10, 1987. The Board deliber-
ated briefly and it was decided to reinspect the premises.
This matter will be deliberated again at the next meeting on
Thursday, January 14, 1988.
Southold Town Board of Appeals -5- January ll, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3689:
Application of PETER AND DIANE LUHRS for a Special Exception to the
Zoning Ordinance, Article VII, Section lO0-70(B) for permission to con-
struct addition for a repair station in conjunction with Special Excep-
tion Permit #3161 rendered October 11, 1983, at premises known as 45845
North Road, Southold, NY; County Tax Map District 1000, Section 55,
Block 2, Lot 17. Zone District: "B-I."
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on December 10,
1987 in the Matter of the Application of PETER AND DIANE LUHRS under
Application No. 3689; 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:
I. The premises in question is located along the north side
of C.R. 48, Southold, with 149.42' frontage and a total lot area
of 21,931 sq. ft.
2. The subject premises is located in the "B-1~' General
Business Zoning District and is improved with a 35' by 50'
concrete block building having a frontyard setback at 41 feet
from the southerly property line, 55½ feet from the easterly
property line, 45 feet at the westerly property line, and 42
feet at the northerly property line (at its closest points).
3. By this application, applicants request a Special Excep-
tion for permission to utilize proposed 30' by 60' addition at
the east side for vehicle repairs and garage use. The proposed
addition is shown on the October 9, 1987 Site Plan Map to be
set back 29 feet (at its closest point) from the easterly
property line and 45½+ feet from the front property line. The
setback proposed at the northerly yard area is 42 feet.
Southold Town Board of Appeals -6- January ll, 1988 Special Meeting
(Appl. No. 3689 - LUHRS decision, continued:)
4. It is noted for the record that a Special Exception
has been previously granted with conditions under Appl. No.
3161 on October ll, 1983 for this public garage/repair station.
5. In making this determination, it shall be understood
that this project shall not violate any building or zoning code
regulations.
6. In considering this application, the Board also finds
and determines: (a) that 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 promotes
the general purposes and intent of this Zone District. The
Board has also considered subsections [a] through [1] of the
Zoning Code in making this determination.
Accordingly, on motion by Mr. Gri§onis, seconded by
Messrs. Sawicki and Goehringer, it was
RESOLVED, to GRANT a Special Exception for the establish-
ment of an addition for vehicle repairs and garage use as
applied under Appl. No. 3689 in the Matter of PETER and DIANE
LUHRS, SUBJECT TO THE FOLLOWING CONDITIONS:
I. Compliance at all times with the conditions of the
prior determination of this Board under Special Exception
Action #3161 rendered October 11, 1983;
2. No outside storage in the front yard or any side yards;
3. Four-foot high chainlink
maintained in good condition, and
side;
fence as proposed shall be
without a gate at the east
4. There shall be no egress or ingress onto the County
right-of-way abutting the subject premises on the easterly side;
5. Minimum three-foot high plantings shall be placed and
maintained across the front and easterly yard areas as recom-
mended by the Planning Board under their site-plan review, and
as a minimum those areas depicted on the October 9, 1987 Site
Plan map prepared by Roderick VanTuyl, P.C.;
6. No overhead doors to be placed on the front (street side)
of the building facing C.R. 48.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals -7- January Il, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3561:
Application of DOROTHY L ROBERTSON for Variances to the Zoning
Ordinance, Article III, Section 100'31, Bulk Schedule, for approval
of the insufficient lot area of two proposed parcels in this pending
set-off division of land with frontage along the south side of North
View Drive, the east side of Private Road, and the north side of
South View Drive, Orient, NY; County Tax Map District lO00, Section
13, Block 1, Lot lO.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held ~nd concluded on December 10,
1987 in the Matter of the Application of DOROTHY L. ROBERTSON under
Appl. No. 3561; 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 of land
containing a total area of 2.508 acres with frontages along three
streets, as follow: (a) 172.64 feet along the east side of
Private Road, (b) 292.53 feet along the north side of South
View Drive, (c) 320.98 feet along the south side of North View
Drive, at Orient.
2. The subject premises is: (a) identified on the Suffolk
County Tax Maps as District 1000, Section 13, Block 1, Lot 10,
and (b) is improved with a one-story, single-family framed
dwelling and and 29 x 13 ft. accessory shed structure, as shown
by map prepared July 2, 1974, amended July 3, 1984, and
August 18, 1986 by Roderick VanTuyl, P.C.
3. By this application, appellant requests approval of
the insufficient lot area of two proposed parcels in this
Southold Town Board of Appeals -8- January ll, 1988 Special Meeting
(Appl. No. 3561: ROBERTSON decision, continued:)
pending division of land as follows: (a) 40,032 sq. ft.
proposed Parcel #1, and (b) 69,211 sq. ft. of proposed
Parc61 #2. The existing dwelling would be within the
perimeter of Parcel #2, and the accessory shed would be
within Parcel #1.
for
4. Town records show that the subject premises was
conveyed to Douglas M. and Dorothy Robertson on May 26,
1970 by Deed at Liber 6747 cp 480.
5. The immediate block consists of three other parcels,
as follows: (a) Lot 11, Section 13, Block 01, of an area
of 40,500± sq. ft.; (b) Lot 9 of 2.25± acres; (c) Lot 8
of 1.25± acres.
6. For the record it is noted that a majority of the
lots in the immediate area consist of a size of 40,000+
sq. ft. or less.
7. It is the opinion of the Board that a denial of
the relief requested will not be within the interests of
justice, particularly for the following reasons:
(a) the area has been designated on the pending
Master Plan Revisions for a minimum lot area of 40,000 sq.
ft.;
(b) most of the lots in the immediate area consist
of parcels of a similar size, or smaller than that proposed;
(c) there will
density thus produced on
(fire, water, etc.);
be no effect of increased population
available governmental facilities
(d) a substantial change will not be produced in
the character of the neighborhood or to adjoining properties;
(e) the difficulty cannot be obviated by some method
feasible for applicant to pursue, other than a variance.
8. It is the position of this Board in making this
determination that the area of each of the two lots in ques-
tion shall contain a minimum area of 50,000 sq. ft. rather
than the square footage requested herein.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to DENY the relief as requested of 40,032 sq.
ft. and 69,211 sq. ft., and to GRANT alternative relief in
the Matter of the Application of DOROTHY ROBERTSON for a
minimum lot area of 50,000 sq. ft. each for proposed Parcels
Southold Town Board of Appeals -9- January ll, 1988 Special Meeting
(Appl. No. 3561 ROBERTSON decision, continued:)
#1 and #2, SUBJECT TO THE FOLLOWING CONDITIONS:
1. There be a sideyard setback for the existing dwelling
from the proposed division line at not less than 25 feet;
2. One original map shall be furnished as early as
possible certifying the area of the parcels in question,
setbacks, etc. for permanent recordkeeping.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals -10- January ll, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3566:
Application of THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of insufficient lot area of proposed Parcel #1 in this
pending set-off division of land located along the south side of the
Main Road, and extending along the east side of Wiggins Lane, Green-
port, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3;
containing a total area of 3.262 acres.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on December 10,
1987 in the Matter of the Application of THEODOSE TRATAROS and ERAKLIS
APODIACOS under Appl. No. 3566; 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:
I. The premises in question is a 3.262-acre described parcel
of land having frontage along the south side of the Main Road
(S.R. 25) of 110.0 feet and average lot width of 173+ feet and
is more particularly identified on the Suffolk County Tax Maps
as District 1000, Section 35, Block 5, Lot 3.
2. The subject premises is located in the "A-80 Residential
and Agricultural Zoning District and is improved with the following
structures as depicted by survey map prepared by Roderick VanTuyl,
P.C. as mapped December 22, 1986: (a) single-family dwelling with
attached garage having a setback 48± feet from the front [northerly]
property line and 21± feet from the easterly [side] property line,
at its closest points; (b) accessory shed (prev. horse barn)~
(c) two small accessory structures.
3. For the record, it is noted that the subject premises was
Southold Town Board of Appeals -ll- January ll, 1988 Special
(Appl. No. 3566 TRATAROS & APODIACOS decision, continued:)
Meeting
conveyed on November 20, 1976 from John Ricapito and Mary Ricapito
to Eraklis Apodiacos, Zoe Apodiacos, Theodose Trataros and Efstathia
Trataros by Deed at Liber 8146 cp 392.
4. By this application, appellants request approval of the
insufficient area of proposed Parcel #1 of 62,104 sq. ft.
5. Article III, Section lO0-31, Bulk Schedule, of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. for each parcel
not to exceed one dwelling unit upon each parcel.
6. It is the understanding of this Board that the use of each
parcel will be for one-dwelling use, for a maximum increased density
of one dwelling, for a total of two dwelling units for both lots.
7. The amount of relief requested is 17,896 sq. ft. for
proposed Parcel #1, or 22% of a variance.
8. It is the opinion of the Board that the variance requested
is not the minimal necessary and that an alternative plan could be
resubmitted, particularly due to the placement of the 50-ft.
right-of-way easement reservation recommended by the Town Planning
Board, which would allow a more equal and better use of the
property.
Accordingly, on motion by Mr. Grigonis, seconded by Mr.
Sawicki, it was
RESOLVED, that the relief requested under Appl. No. 3566
in the Matter of THEODOSE TRATAROS and ERAKLIS APODIACOS for
the proposed insufficient area of Parcel #1 of 62,104 sq. ft.
BE AND HEREBY IS DENIED WITHOUT PREJUDICE.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Grigonis, and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals -12- January ll, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3696:
Application of RICHARD NASS for a Variance to the Zoning Ordinance,
Article XI, Section 100-119.2 for permission to locate open wooden deck
with a setback of less than 75 feet from existing bulkhead along canal,
at premises known as 50 Willow Point Road, Southold, NY; County Tax
Map District lO00, Section 56, Block 5, Lot 25.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on December
1987 in the Matter of the Application of RICHARD NASS under Appl.
No. 3696; and
10,
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 in the "A'' Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 56, Block 5, Lot 25.
2. The subject premises contains a total area of approximately
18,000 sq. ft. with frontage of 100± feet along the north side of
Willow Point Road and frontage along Budd's Pond (canal) of 132
feet. The subject premises is more particularly known as Lot #23
on the approved Subdivision Map of Willow Point of June 16, 1966,
Map #4652.
3. The subject premises is improved with a 1½-story frame,
single-family dwelling as shown on the June 16, 1987 copy of a
survey prepared by August Nappi, Northport, NY, certified to
George and Ruth Dornauer, scaled out to 42± feet from the front
property line and 64± feet from the existing bulkhead.
4. By this application, appellant requests a Variance under
the Provisions of Article XI, Section 100-119.2(B) of the Zoning
Code for permission to construct a new open-wood deck construction
at the north side of the existing dwelling of a size approximately
30' by 10 feet as shown by the sketch submitted with this applica-
tion and leaving an insufficient setback at not less than 54 feet
from its closest point from the existing bulkhead.
5. Article XI, Section lO0-119.2(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
Southold Town Board of Appeals -13- January ll, 1988 Special Meeting
(Appl. No. 3696 NASS decision, continued:)
(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.
6. The Courts have held that the area setback variance must
meet the "practical difficulties" standard, considering at least
the following: (a) the relief requested is not substantial in
relation to the requirements; (b) the project as proposed is not
out of character with the neighborhood; (c) the circumstances of
the property are unique and are not personal in nature; (d) the
variance will not in turn be adverse to the safety, health, comfort,
convenience or order of the town; (e) the variance requested shall
be the minimal necessary~ (f) there is no other method feasible
for appellant to pursue other than a variance.
7. It is the opinion of this Board as follows:
(a) the relief requested in relation to the requirements
is substantial; however the relief requested in relation to the
existing nonconforming setback as applied is not substantial;
area;
(b) similar setbacks are established in the immediate
(c) the circumstances of the property are unique and
the circumstances are not personal in nature, particularly due
to the nonconforming lot size, width, setback from bulkhead;
(d) the variance if granted as applied would not in
turn be adverse to the safety, health, comfort, convenience, or
order of neighboring properties;
(e) there will not be an increase in population density
thus created by this variance;
(f) there is no other method feasible for appellant
to pursue other than a variance;
(g) the relief requested is the minimal necessary and
is not unreasonable;
(h) that in view of all the above factors, the interests
of justice will best be served by granting the relief, as condi-
tionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
Southold Town Board of Appeals -14-January ll, 1988 Special Meeting
(Appl. No. 3696 NASS decision, continued:)
RESOLVED, to GRANT a Variance for the construction of the
open-wooden deck construction, as applied in the Matter of the
Application of RICHARD NASS under Appl. No. 3696, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. Deck not exceed a total 30' wide by 28 feet deep, or
extend further than 10 feet from the rear edge of the dwelling
as exists [as applied];
2. Nearest setback from the bulkhead for the proposed deck
be not closer than 54 feet [as applied];
3. The deck construction remain open and unroofed [as applied];
4. Any and all outside lighting shall
property (similar to a mushroom-type shield)
neighboring properties.
be shielded to the
and not adverse to
Vote of the Board: Ayes: Messrs.
Douglass and Sawicki. (Member Doyen of
This resolution was duly adopted.
Goehringer, Grigonis,
Fishers Island was absent.)
Southold Town Board of Appeals -15- January ll, 1988 Special Meeting
DELIBERATIONS/DECISION: Appl. No. 3686:
Application of FREDERICK AND DIANE RAYMES for Variances to the
Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permission
to locate dwelling with a setback of less than 75 feet from existing
bulkhead along Gull Pond Inlet, (b) III, Section 100-31 for permis-
sion to locate dwelling with an insufficient frontyard setback, at
premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map
District 1000, Section 35, Block 4, Lot 19.
The Board deliberated and took the following action:
WHEREAS, a public hearing was held and concluded on December 10,
1987 in the Matter of the Application of FREDERICK AND DIANE RAYMES
under Appl. No. 3686; 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 located in the "A~' Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 35, Block 4, Lot 19.
2. The subject premises contains a total area of approximately
14,316 sq. ft. with frontage of 115.0 feet along the west side of
a private right-of-way (extending off the south end of Wiggins Lane,
Greenport and with frontage along Fordham Canal of 127.06 feet.
The lot in question is a described parcel and is presently vacant.
3. On or about September 28, 1987, appellants submitted an
application to the Building Inspector for the placement of a new
single-family dwelling and a Notice of Disapproval was issued by
the Building Inspector dated September 30, 1987 indicating the
requirement of action from the Board of Appeals under Article XI,
Southold Town Board of Appeals -16- January ll, 1988 Special Meeting
(Appl. No. 3686 RAYMES decision, continued:)
Section 100-119.2 for construction within 75 feet of wetlands
Article III, Section 100-31, Bulk Schedule, for construction
with reduced frontyard setback, as well as action by the Town
Trustees under Chapter 97.
and
4. The initial map submitted (to the Building Inspector)
was a copy of a portion of an undated survey prepared for
Charles and Helen King showing the proposed structure with
estimated setbacks and showing a tie line along a dredged canal.
5. By this application, appellants have applied under
the Provisions of Article XI, Section 100-119.2 for permission
to locate new dwelling, as more particularly shown on survey
dated November 10, 1987 prepared by Roderick VanTuyl, P.C. at
27± feet from an existing bulkhead at highwater line.
6. The setback from the front property line is proposed
at 35 feet, the depth of the house is proposed at 35 feet, and
proposed deck at 8 feet.
7. Article XI, Section lO0-119.3(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.
8. It is the opinion of this Board that as an alternative
the dwelling structure should be setback not less than 40 feet
to the existing bulkhead and allowing a reduction of the front-
yard setback to not closer than 20 feet. The subject parcel is
at a deadend right-of-way and a reduced frontyard setback is
more feasible. A reduction from the highwater mark to 27 feet
is very substantial and would not be in the best interests of
justice.
9. It is the opinion of this Board that:
(a) the alternative relief is not substantial in rela-
tion to those generally existing in the areal
(b) the alternative relief is substantial in relation
Southold Town Board of Appeals -17- January ll, 1988 Special Meeting
(Appl. No. 3686 - RAYMES decision, continued:)
to the requirements;
(c) the circumstances of the property are unique as
to nonconforming lot size and width;
(d) there will not be an increase in population density
thus created by this variance;
(e) there is no other method feasible for appellants
to pursue other than a variance;
(f) the alternative relief is the minimal necessary
and is not out of character with the area;
(g) in view of all the above factors, the interests of
justice will best be served by denying the variance as applied and
granting the following alternative relief.
Accordingly, on motion by Mr, Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY the relief as requested, and BE IT
FURTHER
RESOLVED, to GRANT the alternative relief for the con-
struction of a new single-family dwelling structure in the
Matter of the Application of FREDERICK AND DIANE RAYMES under
Appl. No. 3686, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Setback from the front property line along the
private right-of-way shall not be less than 20 feet;
2. Setback from the existing bulkhead at its closest
point shall not be less than 40 feet;
3. Sideyards shall be not less than l0 and 15 feet,
or 25 feet total, (pursuant to Article III, Section 100-31,
Bulk Schedule of the Zoning Code).
4. Total lot coverage shall not exceed twenty (20%)
percent of the total lot area (pursuant to Article III, Sec-
tion 100-31, Bulk Schedule of the Zoning Code).
5. This action shall not include the approval of any
other (accessory) structures which may require variances
subsequently.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board Meeting
of Appeals -18- January ll, 1988 Special
INTERPRETATION: "ONE-DWELLING UNIT":
On
request
read as
or about October 21, 1987, the Board of Appeals received a
by Victor Lessard, Building-Department Administrator, which
follows:
...October 21, 1987
...In order to clarify the intentions of NYCRR Executive
Laws and the Southold Town Code, I am requesting a determination
for the term "one dwelling unit." The area that needs clarifica-
tion is, what restrictions, if any, would be for bathrooms, kitchens,
i.e. stoves or cooking facilities, etc. Bedrooms are spelled out
for size, in the construction code already. Actually, what are the
maximum allowable areas in a one family unit, without the possibil-
ity of it becoming a multiple unit, i.e. more than one family unit.
Present descriptions
define "one dwelling unit"
clarification on.
in the Town Code refers to but does not
in the category that I am seeking a
Attached in a copy of NYCRR Executive Section #9-606 for
your study .... FROM: Victor G. Lessard
Executive Admin ....
It is noted for the record that it is the understanding of
this Board that legal communications have been transmitted to the
Building Department, dated October 20, 1987 and October 23, 1987
concerning this area from Francis J. Yakaboski, as Special Town
Attorney. There are recent situations which have proposed
new dwellings with two separate kitchen and living areas which
prompted the Town Attorney's input to discontinue Such a prac-
tice.
The definition of "dwelling unit" in Section lO0-13 of our
Zoning Code reads as follows:
...A building or entirely self-contained portion thereof
containing complete housekeeping facilities for only one
(1) family, including any domestic servants employed on
the premises, and having no enclosed space (other than
vestibules, entrance or other hallways or porches) or
cooking or sanitary facilities in common with any other
"dwelling unit." A house trailer, a boarding- or rooming
house, convalescent home, fraternity or sorority house,
hotel, motel, inn, lodging or nursing or other similar
home or other similar structure shall not be deemed to
constitute a "dwelling unit" ....
Southold Town Board of Appeals -19- January ll,
(Interpretation "One Dwelling Unit~', continued:)
1988 Special Meeting
It is this Board's interpretation as follows:
Any building, or portion thereof, forming a single habitable
unit an.d containing at least one kitchen, and not more than one
kitchen and/or cooking facility shall be deemed a "dwelling unit"
under the Southold Town Zoning Code. Our Code precludes more
than one kitchen and/or cooking facility in a one-dwelling unit,
and accordingly, a plan submitted through your office which shows
intent to install plumbing facilities for a second kitchen area
must be denied.
This interpretation is based on the definition of "dwelling
unit" as worded in Section 100-13 of the Zoning Code of the Town
of Southold, which supersedes all other definitions by state,
federal, city, county or village laws.
Motion was made by Mr. Goehringer, seconded by Member
Douglass, concurring with the above and directing a written
response to the Building Department accordingly.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Grigonis and Sawicki. (Member Doyen of Fishers Island was absent
due to weather conditions.) This resolution was duly adopted.
APPROVAL OF MINUTES: On motion by Mr. Grigonis, seconded
by Mr. Douglass, it was
RESOLVED, to APPROVE the Minutes of the following Meetings
of the Board of Appeals as submitted:
Wednesday, November 18, 1987 Special Meeting Pp. 1-50 and
Thursday, December 10, 1987 Regular Meetinq - Pp. 1-27.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.
This resolution was duly adopted.
Southold Town Board of Appeals -20- January ll, 1988 Special Meeting
UPDATES Other: Appl. No. 3692 and Appl. No. 3693 - S. PERRI-
CONE ~ ANOTHER. Variance for placement of new dwelling within
75 feet of nearest wetland area under Art. XI, Section 100-119.2.
Lupton Point Road, Mattituck.
Town Trustee review is pending at this time under Article 97
of the Town Code. Transmittal to Town Trustee for their record-
keeping and information of the recent response from the Soil and
Water Conservation District of Suffolk County and urging the Town
Trustees action to be limited to that area within their jurisdiction
(and more particularly seaward of the 75-ft. setback line from wet-
lands and not landward if possible).
UPDATE: Appl. No. 3703 - JOHN AND EVELYN KEATING. Receipt
of new application. The following additional information is
awaited prior to advertising this matter for the February hearing:
(a) confirmation of the type of foundation and height;
(b) confirmation as to whether the existing dwelling and
accessory building(s) will be demolished, renovated, relocated,
etc.
(c) furnish, if possible, the setbacks of dwellings on
the abutting properties from the closest points of the top of
the bluff;
(d) flag all outside corners of proposed new construction;
(e) furnish recent photographs of the slope and area within
100 feet of the bluff, under consideration.
UPDATE: Appl. No. 3707 JOSEPH F. CITARDI. Receipt of
new applica'tion. The following additional information is awaited
prior to advertising this matter for public hearing:
(a) application and/or updates with the N.Y.S.D.E.C.
concerning their jurisdiction;
(b) flag all outside corners of proposed construction;
Southold Town Board of Appeals -21- January ll, 1988 Special Meeting
(Appl. No. 3707 CITARDI updated, continued:)
(c) submit photographs of the flagged areas (and any areas
which may be seaward of same];
(d) indicate the setbacks of neighboring structures from
the bank and from the front property line;
(e) submit one copy of the
[including foundation and height
possible for consideration.
proposed construction plan
information] as early as
(f) copy of action by the Town Trustees [when available].
UPDATE: Appl. No. 3701 - CHARLES AND JEAN ZAHRA. Receipt
of new application acknowledged. The following additional
information is expected to be furnished in the near future
and a tentative hearing date was agreed for February:
(A) Prior to the issuance of the subject building permit:
1. Survey or certified diagram showing the exterior
walls [footprint] of the principal building, and
2. Diagram showing the building and floor construction;
(B) For each phase of construction:
Survey or certified diagram showing the exterior
walls [footprint] and building-floor plan [more
particularly the changes as constructed progressed];
(C) "Before" and "After" diagrams depicting the total square
footage and use[s] of each room or floor~
Confirmation to be received by Eric Bressler, as Attorney
for Mr. and Mrs. Charles Zahra, before advertising hearing date.
OTHER UPDATES: Pending Applications for which additional
information has been requested and not received:
Southold Town Board of Appeals
(Updates, continued:)
-22- January ll, 1988 Special Meeting
Appeal No. 3495 - JOHN AND GLORIA SHIRVELL. Variances
for insufficient area, width and depth of two proposed
parcels. North Side of Pine Tree Road, Cutchogue.
(Await Co. Health Art. VI waiver/action before advertising.)
Appeal (incomplete) for LOIS AND FRANK YHORP. East Side
of West Lane and S/s North Lane ~rivate), off the east
side of Orchard Lane, East Marion. Variances for approval
of insufficient area, width, depth, etc. of lots in pend-
ing division. (**Await Notice of Disapproval after
application to Building Department, reissuance of filing
fee, postmarked certified-mail receipts, etc.)
Appeal No. 3293 - HAROLD AND JOSEPHINE DENEEN. Variances
for proposed insufficient area, width and depth of three
parcels. W/s ROW off the S/s Bayview Road (west of
Waterview Drive), Southold. 280-a not requested. (**Await
Co. Health Art. VI and DEC approvals/action.)
Appeal No. 3367 - LOIS AND PATRICIA LESNIKO!~!SKI. Variance
for approval of two proposed parcels with 'i~ficient
area and width. S/s North Drive, Mattituck. (**Await
DEC, building envelope setbacks, and setbacks from
wetland grasses.)
Appeal No. 3355 - PAUL AND MARIETTA CANALIZO. Variance
to construct with insufficient setback in frontyard from
wetlands.. (**Await DEC and wetland setbacks map.
Trustees reviews pending--new application may be necessary
for Trustee action-and DEC action updates.)
Appl. No. 3249 - DONALD R. BRICKLEY. Variance for insuffi-
cient area and width. S/s Bay Avenue and E/s Broadwater
Drive, Cutchogue. (**Await DEC, Co. H. Art. 6, and contour
maps--wetlands areas included.)
Appl. 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
DE~ and Co. Health Art. 6 action after formal applications.)
Appl. No. 3~37 - ROBERT AND SUSAN D'URSO. Breezy Path,
Southold. Await DEC, Co. Health and Trustee actions
(after formal applications) to complete file for coordina-
tion, etc. New dwelling wit~ insufficient setback from
wetlands and bulkhead. R. Bruer, Esq.
Southold Town Board of Appeals -23- January ll, 1988 Special Meeting
Dpdates, continued:)
Appeal No. 3445 JULIUS ZEBROSKI. Variance for
approval of insuff~area and width of two pro-
posed lots. E/s Waterview Drive and N/s Bayview Road,
Southold. (**Await Art. VI 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 P.B. application/referral comments after sub-
mission of corrected maps.(for three rather than twoi
await C.O. of record, if any.) Paul 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 Street and
N/s King Street, New Suffolk. (Await Co. Health Art. VI
action after application.)
Appeal No. 3426 GERALD DOROSKI. Variance for approval
of access (280-a). N/s C.R. 48, Peconic. (Await
additional information to clarify ROW and P.B. input
on pending division abutting premises to the east.)
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.) Helen Rosenblum, Esq.
Appl. No. 3607 JAMES P. O'NEILL AND PETER J. McSHERRY.
Area, width, depth variances. Wiggins & 8th Streets,
Greenport. [Await Co. Health action and copy of
Pre-C.O.].
Appl. No. 3685 LESTER & HOPE ALBERTSON. Await Planning
Board input and County Health Art. VI action before
publication. 36125 Main Road, Southold. Area &
Width variances. B-1 Zone District.
?
Appl. No. 3545 PATRICK STIGLIANI. Main Bayview Road,
Southold. Await Co. Health Art. 6 action. Area, width
and depth variances. Alfred Skidmore, Esq. (Village
water not available).
Appl. No. 3542 CLIFFSIDE ASSOCIATES/TIDEMARK. Await
copies of updated certification on amended maps by
Building Inspector, and continuation of SEQRA process
Amended Maps were submitted, Village contracts received
4/87. (P.B. lead agency status-GEIS pending review and
determination as of 1/88).
Southold Town Board of Appeals -24- January II, 1988 Special Meeting
UPDATES (continued):
Appl. No. 3575 - ROSA HODGSON. Variances as to insufficient
area and width of proposed 45,000± sq. ft. lot from 7.152-acre
parcel. N/s Pine Neck Road, Southold. Await Co. Health Art. 6
action, clarification as to Pre-C.O. structures.
Appl. No. 3389 - THEODORE PETIKAS. Variance to use resi-
dential portion of premises for restaurant use. W/s Sound Road
and N/s Main Road, Greenport. Await further instructions from
attorney or applicant. PB revisions(pending).
Appl. No. 3206 ~ HENRY P..SMITH. Variances for insufficient
area and width (two lots). W/s Peconic Lane, Peconic. Multiple
business uses. P.B. recommendation of 24 parking spaces received.
(No communications from application since 7/26/84).
Appl. No. 3548 FRANK R. ZALESKI. Variances for insufficient
area, width and depth (three parcels in pending division). E/s
Deep Hole Drive, Mattituck. 1.295-acre described parcel. Await
Co. Health Art. 6 action. (PB and DEC input received; exp. 12/87).
Henry Raynor, Agent.
Appl. No. 3600-SE T. LUCAS AND G. AND A. BELIS. Special
Exception to allow 70 motel units on 7.0516 acres zoned "B-Light"
Business, 4,000 sq. ft. of land area per unit with Village water.
S/s Main Road (prev. golf range), Greenport. Await six items
per Board Resol. 1/8/87, before advertising for public hearing.
Appl. No. 3549 - J. KALIN AND B. GIBBS. Variances as to
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.)
Appl. No. 3556 - EUGENE AND ANN BURGER. Variance for deed
with insufficient setback from wetlands along Little Creek.
2515 Pine Tree Road, Cutchogue. Await C.O. and exact setback
requested from nearest wetlands.
Appl. No. 3342 - PHILIP R. REINHARDT. Variances for area
and width (two parcels). **Recessed from 5/25/83 as requested
by ~ttorney for County Dept. of Health, Art. 6 action (and DEC).
N/s Pine Neck Road (opposite Park Way), Southold. R. Bruer, Esq.
Appl. No. 3191 - HERBERT MANDEL. Variance to change lot
line and locate garage in front/side yard areas. E/s Linnett
Lane Extension, Greenport. (Premises of Clempner and Mandel).
(Await DEC action and PB input before advertising or at discretion
of applicant.)
Southold Town Board of Appeals -25- January ll, 1988 Special Meeting
UPDATE: Other Matters Pending Public Hearings (awaiting
additional information as noted below):
Appeal No. 3259 NICHOLAS ALIAHO. Special Exception to
establish four two-story motel buildings containing l0 mote] 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/5 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 advertis, ing. (P.B. review 10/6/86). H. Raynor, Agent.
Appeal No. 3561 DOROTIIY L. RODERTSO~I
insufficient are~. width and depth (cwo J~[s). S/s Northview Drive,
~i:,,L. ,,o,~ ~'t. 6 Action bcforc advcrtising. R. Brucr, £s.q.
,Appcal No. 35~! - C~E~E--DAM-I-E-N.
Variances for insufficient_arPa, w~-d-tq ,r;--dupCh.
Ac, tion--per-C~ ~ "He~-)-C~h--De-p t. communJ-c~-i-~s. -.,.
St. , ~iev~-S~*f-£e!
Await Art. 6
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 (prey.
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 revie~ of
site plan.) 10/9/84
Appeal No. 3183 MARY N. CODE. Smith Drive North, S6uthold.
Proposed re.separation of lots. Await DEC and Planning Board
applications to be filed for coordination/action.
Appeal No. 3274 BEST, SCHMITT, SYVERSON. Variances fur
insufficient area, width in proposed divisioo-of land. ROW off
E/s Camp Mineola Road, along Great Peconic Day, Mattituck.
(**Await Co. Health Art. 6, N.Y.S. D.E.C., Planning Board bef()re
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.
S~uthold Town Board of Appeals -26- January II, 1988 Special Meeting
(Updates, continued:)
Appeal
No. 3652 - ANNA AND GUIDO CIACIA. Variances for
area, width, depth, yara setbacks in this "B-Light
Zone. Corner of Main Road and Kerwin Boulevard,
Greenport. (Hearing to be held 1/14/88)
Appeal
Appeal
Appl.
No. 3649 CHRIS AND WILLIAM CONNORS. Variance for
insufficient setback from wetlands. West Drive,
Southold. [Await finalization of SEQRA and Town
Trustee action]before advertising.]
No. 3636 - TARTAN OIL CO. Variance for convenience
store as accessory use to gasoline service.
Corners of S/s Main Road, E/s Sunset Lane and
W/s Marratooka Road,
information and P.B.
Mattituck. [Await additional
reviews.] Possibly Feb. Hg. Date.
No. ~633 TARTAN OIL CO. Special Exception for
partial self-service gasoline station. Main Road,
Marratooka and Sunset Lanes, Mattituck. Poss. Feb.
[Await additional information and P.B. reviews.]
Hg.
Appeal
No. 3627 - LILLIAN VISHNO. Variances for insuffi-
cient area, widt~ aha depth.for three proposed
lots. 810 Corwin St., Greenport. [Await Co.
Health and P.B. applications/reviews/communications.]
~ppeal ~o_ 2628 GEORGE
two proposed lots a~ Pa~-~-i-rFF-R~S~, Southold.
[Await C~o. H__N~_a-I-t~I~--a-FFCr--P-..B. applications/reviews/
commun~cations.]
Appeal
Appl.
No. 3614 ROBERT AND ETHEL SCHROEDER. Interpreta-
tion request. S/s Route 25, East Marion. [Await
confirmation of activities conducte'd and survey.
Further direction awaited from applicants' attorney.]
No. 3252 JOHN CHARLES AND MARYANN SLEDJESKI. Variance
relief to be confirmed before proceeding. (Applicants
may wish to retain more than one dwelling use on
lot proposed in this two-lot division.) Main Road
and Narrow River Road, Orient.
Appl. No. 3589 MARY J. GETOFF. Variances as to insufficient
area, width and depth. Waterview Drive, Southold.
Appl.
No. 3692 - STEPHEN PERRICONE AND VECCHIARELLI. Variance
to place proposed dwelling with setback at less than
75 ft. to nearest wetlands. Lupton Pt. Rd, Mattituck.
Appl.
No. 3693 - STEPHEN PERRICONE AND DURAZZO. Variance to
place proposed dwelling with setback at less than
75 feet to nearest wetlands. Lupton Pt. Rd., Mattituck.
Southold Town Board of Appeals -27- January 11, 1988 Special Meeting
HEARINGS
7:35 p.m.
7:40 p.m.
7:45
CALENDAR FOR THURSDAY, JANUARY 14,
Appl. NO. 3705 - ARTHUR V. 3UNGE.
Appl.
p.m. Appl. No. 3676
December lO, 1987 as
Appl No.
Appl No.
Appl No.
Appl No.
Appl No.
Appl No.
7:50 p.m.
7:55 p.m.
8:00 p.m.
8:10 p.m.
8:20 p.m.
8:30 p.m.
There being no other
1988:
No. 3697 -WILLIAM AND PAULA TUITE;
ANTHONY ROBUSTELLI (Recessed
requested by applicant);
3681 ANTHONY AND ANGELA LEONE;
3706 - MANFRED E. KUERNER,
3652 GUIDO AND ANNA CIACIA;
3699 EDWARD AND BARBARA BETSCH,
3698 - THOMAS ZIMMERMAN;
3688 - ANTHONY AND SALLY PIRRERA.
business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Southold Town Board oi: Appeals
Pp. 1-27
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CL~2~
DATE ~-/3/~g HOUR
Town Clerk, Town of 'J. outhold
from