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HomeMy WebLinkAboutZBA-12/16/1988 SPECAPPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 MINUTES SPECIAL MEETING FRIDAY, DECEMBER 16, 1988 A Special Meeting was held by the Southold Town Board of Appeals on FRIDAY, DECEMBER 16, 1988 commencing at 4:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member James Dinizio, Jr.; Member Charles Grigonis, Jr.; and Member Joseph H. Sawicki. Absent was: Member Doyen, of Fishers Island, due to serious family illness. Also present was Linda Kowalski, Board Secretary-Clerk. The Chairman opened the meeting at 4:00 p.m. A. COMMUNICATIONS: Appl. No. 3246 - MARK McDONALD AND PATRICK CARRIG. R-O-W off the north side of Bergen Avewnue, Mattituck to premises 1000-112-01-018. In response to letters from Steve Kalaijian and his agent concerning the above right-of-way and the Board's conditions of July 3, 1984. The Boad clarified that Condition No. 2 of the Board's July 3, 1984 decision rendered under Appeal No. 3246 shall apply to other properties which have no legal access other than the subject right-of-way and which are a newly proposed development or subdivision. B. COMMUNICATIONS: Appl. No. 3751 - JEAN C. HOLLAND-LONGNECKER. In response to Anthony Tohill's submission of proposed draft covenants in the above matter, motion was made by Mr. Goehringer, seconded by Mr. Douglass, and duly carried, TO ACCEPT the Declaration of Covenants and Restrictions as drafted and revised by Anthony B. Tohill, P.C. December 16, 1988 in accordance with this Board's conditions rendered under Appeal No. 3751. C. APPL. NO. 3798 - ELIZABETH F. MCCANCE. Board awaits corrected maps to reflect any other lots in common ownership by the applicant together with location and uses of existing structures which are contiguous to the subject premises (and any other change) which was mentioned in the Planning Board's communications forwarded of recent date. Southold Town Board of Appeals - 2 - December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Upon application of MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. WHEREAS, a public hearing was held on October 26, 1988 in the Matter of the Application of MARION SACCONE under Appeal No. 3786; 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 contains a total area of 19,940 sq. ft. with 143.09 ft. frontage along the north side of County Road 48 (Middle Road) in the Hamlet of Greenport, Town of Southold. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with the following structures as shown on the August 19, 1988 Survey Map prepared by Roderick VanTuyl, P.C: (a) single-family, two-story frame house situate 25 feet+- from the north side of the front {southerly} property line; (b) seasonal 1-1/2-story frame structure ; (c) one single trailer; (d) one accessory storage shed. Southold Town Board of Appeals - 3- December 16, 1988 Special Meeting (Appl. No. 3786 - SACCONE decision, continued:) 3. By this application, the appellant requests a Variance for permission to replace existing single-trailer structure with a new single-family dwelling, and its proposed relocation as shown on the above-mentioned August 19, 1988 Survey Map. 4. For the record, it is noted the existing trailer was granted by the Town Board by Trailer Permit No. 8, on September 4, 1958. 5. Chapter 100 of the Town Code defines the term "trailer" as follows: "...Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term 'trailer' shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed .... " 6. Chapter 100 of the Town Code defines a single or one-family dwelling as a detached building containing one dwelling unit only and specifically excludes a house trailer. 7. It is the position of the Board Members that the grant of the subject variance under the present terminology and definitions of the current zoning code is not appropriate. 8. In considering this application, the Board also finds and determines: (a) the sufficient proof has not been demonstrated as required by the statutes; (b) the trailer permit does not fall within the definition of "dwelling unit" as stipulated in the current zoning ordinance; (c) the use of the trailer was permitted only by Trailer Permit by the Southold Town Board; (d) the current uses of the property are not so restricted that it cannot be used for reasonable purposes; (e) the circumstances and nature of the uses of the property are unique; Southold Town Board of Appeals -4 - December 16, 1988 Special Meeting (Decision - SACCONE, Appl. No. 3786 - continued:) (f) the property is located in an area consisting of lots containing single-family dwelling uses or vacant lots located in the "A" Residential and Agricultural Zoning District, which district permits one dwelling on each lot {Article III, Section 100-30A); (g) this Board cannot under the semblance of a variance exercise legislative powers. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the relief requested under Appl. No. 3786 in the Matter of MARION SACCONE to replace existing trailer with a new single-family dwelling, be and hereby is DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious illness.) This resolution was duly adopted. Southold T6wn Board of / Appeals - 5- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3792: At a Meeting of the Zoning Board of Appeals held on December 16, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of NICK THEOPHILOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3792; 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 identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 5, Lot 5, and is known and referred to as Subdivision Lot No. 135, subdivision Map of Pebble Beach Farms, filed in the Suffolk County Clerk's Office as Map Number 6266. 2. The subject premises is improved with a single-family dwelling as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C., amended July 22, 1988. $outhold Town Board of Appeals -6 _ December 16, 1988 Special Meeting (Decision - Appl. No. 3792 - THEOPHILOS, continued:) 3. By this application, appellant proposes to construct an inground swimmingpool of a size 18' by 36' and four-foot high fence enclosure, leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 60 feet {and 65 feet for the outer edge of pool construction}.. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 100 feet from the average top of bluff line; the width of the parcel is nonconforming at 75 feet and has an upland area of approximately 17,000 sq. ft. (exclusive of the land area below and along the bluff). 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for permission to locate inground swimmingpool with fence enclosure as applied in the Matter of NICK THEOPHILOS under Appeal No. 3792, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance within 60 feet of the bluff (or bank) area {any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area}; 2. Pool and patio areas shall not be physically attached to the principal structure and shall remain unroofed; 3. Storm drains or leeching basins should be installed (away from the bluff and directed toward the front yard); $outhold Town Board of Appeals - 7 - December 16, 1988 Special Meeting (Decision - Applo No. 3792 - THEOPHILOS, continued:) 4. Highest elevation of the pool construction shall be at grade level (and not built above the ground level), as proposed; 5. No overhead lighting adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals - 8 _ December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Application of JAMES H. BERGERON for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118 for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. WHEREAS, a public hearing was held on Decen%ber 8, 1988 in the Matter of the Application of JAMES H. BERGERON under Appeal No. 3791; 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 corner lot with frontage along the east side of Bay Avenue and the north side of Riley Avenue in the Hamlet of Mattituck, Town of Southold, is shown on the "Map of George H., William T. and D.T. Riley" as Lot No. 4, and is identified on the Suffolk County Tax Maps as District 1000, Section 143, Block 4, Lot 29. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total area of approximately 15,350 sq. ft., and is shown on the September 21, 1988 survey map prepared by Young & Young to be improved with the following structures, all located at the easterly section of the premises: (a) single-family, one-story frame house; Southold Town Board of Appeals - 9 - (Decision - BERGERON, Appl. No. 3791 December 16, 1988 Special Meeting - continued:) (b) accessory frame, storage garage structure; (c) single-family, one-story frame house. 3. By this application, Appellant requests permission to construct new single-family dwelling and remove an existing dwelling, all as depicted on the above-mentioned survey map. 4. For the record it is noted that Certificate of Occupancy of Nonconforming Premises #Z15908 was issued July 2, 1987 for the premises and existing buildings. 5. Article III, Section 100-30(A){1} of the Zoning Code provides for one single-family dwelling use in this Residential and Agricultural Zone District. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is not unreasonable under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3791 in the Matter of JAMES H. BERGERON for permission to construct new single-family dwelling structure and remove existing nonconforming single-family dwelling structure, all as shown on the Survey Map prepared by Young & Young dated September 21, 1988, SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals _10_ December 16, 1988 (Decision - BERGERON, Appl. No. 3791 - continued:) Special Meeting 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with all applicable rules and regulations pertaining to a principal single-family structure); 2. This variance is granted for a period of 12 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals, (if necessary); 3. The existing seasonal single-family dwelling must be removed within 90 days; in no event will the occupancy of more than two dwelling structures be permitted upon the entire site at one time; 4. No Certificate of Occupancy shall be issued until the existing nonconforming (seasonal) dwelling structure is entirely removed from the premises. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent was Member Doyen, due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -11- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3795: Upon application of PETER AND DOROTHY MICCICHE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road No. 12, Southold, NY; County Tax Map District 1000, Section 78, Block 06, Lot 4.1. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of PETER AND DOROTHY MICCICHE under Appeal No. 3795; 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: $outhold Town Board of Appeals -12- December 16, 1988 Special Meeting 1. By this application, appellant requests a Variance under Article III, Section 100-32 for permission to construct accessory (detached) garage in the most southeasterly frontyard area, as more particularly shown by sketched survey map, with setbacks of 12 feet from the private road (along the southeasterly property line), and a minimum of 35 feet from the northeasterly property line (along land now or formerly of Piscotta). 2. The premises in question is a 17,400+- acre parcel of land with 140.0 ft. frontage along the westerly side of a private right-of-way referred to as Private Road No. 12 (which extends off the south side of Bayview Avenue) and approximately 130 feet along dredged canal in the Hamlet of Southold, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 78, Block 6, Lot 4.1. 3. The subject parcel is improved with a single-family, one-story frame house and two small accessory structures, all as shown on the above-mentioned survey sketch under consideration. 4. The accessory garage structure is proposed of a size 26 ft. by 30 ft. It is understood that the two small existing accessory structures located along the front property line will be removed from the premises. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. 6. Article XI, Section 100-119.2 of the Zoning Code prohibits placement buildings within 75 feet of existing bulkheads, and there is no other alternative for appellant t~ pursue other than a variance. 7. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there are other buildings also located in the frontyard area; (e) there is no other method feasible for appellant to pursue other than a variance; $outhold Town Board of Appeals ~3 - December 16, 1988 Special Meeting (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3795 in the Matter of PETER AND DOROTHY MICCICHE for permission to place accessory building in the frontyard area, to be used accessory and incidental to the residential use of the premises (for storage purposes), SUBJECT TO THE FOLLOWING CONDITIONS: 1. No plumbing or other utilities permitted, with the exception of electricity; 2. The frontyard setback be no closer than that as applied; 3. The subject accessory building not be used for sleeping or habitable quarters. 4. The subject accessory building not exceed a total height (to peak) of 18 feet; 5. The overhead doors open to the side (or rear) of the building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -14- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3793: Application of JAMES MANOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2C for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Block 5, Lot 2.2; also known as Lot 94 on the Minor subdivision Map for Philip Druhl, Planning Board File No. 22, endorsed March 24, 1970. WHEREAS, a public hearing was held on December 8, 1988, in the Matter of the Application of PAUL AND MARGARET KAYSER under Appeal No. 3793; and WHEREAS, at said hearing all those who desired to be 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 along the west side of West Drive, in the Hamlet of Southold, Town of Southold, is referred to as Lot No. 4 on the "Map of Minor Subdivision Land of Philip Druhl" as surveyed January 22, 1970, and is identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 5, Lot 2.2. 2. The subject premises contains a total area of approximately 23,000 sq. ft., lot width of approximately 103.86 feet, average lot depth of 276+_ feet, and is improved with a Southold Town Board of Appeals 15- December 16, 1988 Special Meeting single-family, split-level frame dwelling, all as more parti- cularly shown on the copy of survey dated August 30, 1974, prepared by Roderick VanTuyl, P.C. 3. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2C to reconstruct open deck addition and expanding same 30 square feet and leaving a scaled setback at 38 (or more feet), at its closest point from the edge of shoreline, shown on the August 30, 1974 survey. The setbacks provided and requested by applicant from the closest point of the deck area are: (a) 47'6" from the nearest wetland grass area; (b) 33' to the closest step of staircase leading to existing dock; (c) 48 feet from the deck to existing dock structure. 4. Article XI, Section 100-119.2C of the Zoning Code requires all buildings and structures located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is the greater. 5. The dwelling was constructed prior to the enactment of Section 100-119.2C of the Zoning Code by Building Permit #7189 dated April 19, 1974, with setbacks of 14 feet from the easterly side property line, 17 feet from the westerly side property line, 38+- feet from the shoreline, and 143+- feet from the front property line. 6. For the record it is noted that there will be no excavating or similar activities seaward of the existing deck area. 7. It is the position of this Board that in considering this application: (a) the relief if granted will not alter the essential character of the neighborhood; (b) the difficulties are uniquely related to the property and are not personal in nature; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (d) that the variance requested is not substantial in relation to the existing construction and is reasonable under the circumstances; Southold Town Board of Appeals -16- December 16, 1988 Special Meting (e) that the relief as requested will not alter the essential character of the neighborhood; (f) in view of all of the above, the interests of justice will best be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3793 in the Matter of the Application of JANES MANOS for reconstruction of an existing deck and 30 sq. ft. expansion at rear of the existing dwelling as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not extend any farther than the existing deck, with the exception of the 30 sq. ft. expansion along the east side on a diagonal to window, as applied; 2. There be no excavating or disturbance of the land area between the deck and Great Pond; 3. The deck remain open and unroofed, as applied (except that a temporary/seasonal awning may be permitted). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -17- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3804: Upon application of ELLEN BLACK GUYTON for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118 for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of ELLEN BLACK GUYTON under Appeal No. 3804; 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 ~8 _ December 16, 1988 Special Meeting 1. By this application, appellant requests a Variance under Article III, Section 100-32, and Article XI, Section 100-118 for permission to rebuild accessory building0 of a size 35 ft. x 21 ft., replacing an existing accessory storage building, in the frontyard area, as more particularly shown by Map prepared by Roderick VanTuyl, P.Co December 6, 1988 (for Mary A. Black dated October 7, 1968). 2. The premises in question is a described parcel of land containing a total lot area of approximately 1.75 acres with 198.18 ft. frontage along the westerly side of a private right-of-way (which extends off the west side of Grand Avenue) and 205.21 feet (tie line) along Mattituck Creek, Hamlet of Mattituck, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 107, Block 1, Lot 11. 3. The subject parcel is improved with a single-family, two-story frame house and three accessory structures, all as shown on the above-mentioned survey. 4. The accessory building which is the subject of this application is proposed to be located four feet from its nearest setback to the front property line in the general "footprint" of the structure being replaced. The structure is shown to be set back 110+- feet from the ordinary highwater mark of Mattituck Creek (to the west) and 40+- feet from the northerly (side) property line. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. 6. Article XI, Section 100-118 of the Zoning Code prohibits replacement of nonconforming buildings by more than 50% of its fair market value. 7. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there are other accessory buildings also located in the frontyard area; (e) there is no other method feasible for appellant to pursue other than a variance; Southold Town Board of Appeals _19_ December 16, 1988 Special Meeting (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3804 in the Matter of ELLEN B. GUYTON for permission to replace accessory building in the frontyard area, to be used accessory and incidental to the residential use of the premises (for storage purposes), SUBJECT TO THE FOLLOWING CONDITIONS: 1. No plumbing or other utilities permitted, with the exception of electricity; 2. ~ne frontyard setback be no closer than that as applied; 3. No excavation or disturbance to areas seaward of the subject building(s); 4. The subject accessory building not be used for sleeping or habitable quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -20- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3794: Application of JERRY AND MARY GEORGES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 22.1. WHEREAS, a public hearing was held and concluded on December 16, 1988 in the Matter of the Application of JERRY AND MARY GEORGES under Appeal No. 3794; 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 identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 01, Lot 22.1, and has a frontage along the north side of Soundview Avenue in the Hamlet of Southold, Town of Southold, of 103.08 feet. 2. The subject premises contains a total area of .625 of an acre (or 27,225 sq. ft.) and is improved with a single-family dwelling as more particularly shown on the site plan map prepared by Ward Associates, P.C. dated September 28, 1988, set back approximately 30 feet from its closest point to the top of the bank, 10 feet from the westerly side property line, 13+- feet from the easterly side property line, and 133+- feet from the front (southerly) property line. Southold Town Board of Appeals - 2L December 16, 1988 Special Meeting (Decision - Appl. No. 3794 - GEORGES, continued:) 3. By this application, appellant proposes to construct: (a) a second-story open deck at the rear of the dwelling having a size of 7'9" deep x 24' wide, and (b) a 95 sq. ft. proposed dining area extension, all as shown on the First Floor Plan prepared by Ward Associates, P.C. dated September 28, 1988 (Drawing ~A-3, Ref. #8512). Also proposed, as shown, are the reconstruction areas of a portion of the existing dwelling, which are also located within the 100-ft. setback restriction. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 30 feet at its closest point (and 38 feet at the westerly end) from the top of the bank line; the width of the parcel is nonconforming at 103.38 feet. The dwelling as exists is understood to have been built prior to 1957. 6. For the record it is noted that information concerning the percentage of improvements of the building (as regulated by Section 100-118 concerning reconstruction of nonconformities) was requested at the Decen%ber 8, 1988 hearing, and the following figures were provided by the agent for the applicant: (a) Existing residence (one floor): 1907 sq. ft. (b) Proposed Addition First floor: 813 sq. ft. (c) Proposed Addition Second floor: 767 sq. ft. (d) Total improved: 3487 sq. ft. (e) Percentage of new sq. ftg.: 46%. 7. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mro Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section $outhold Town Board of Appeals - 2~ December 16, 1988 Special Meeting (Decision - Appl. No. 3794 - GEORGES, continued:) 100-119.2A of the Zoning Code for permission to construct additions as applied in the Matter of JERRY AND MARY GEORGES under Appeal No. 3794, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance or land changes seaward (toward the bluff (or bank) area) - any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area; 2. Storm or similar drain(s) be installed and down spouts to divert rain and drainage away from the bank area; 3. Second-story deck shall remain open and unroofed; 4. Recoma~end following guidelines of the Soil and Water Conservation District of Suffolk County (see letter to Board of Appeals dated November 17, 1988), as to the failing bulkhead, et cetera. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals - 23 - December lq 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3734: Upon application of KATHRYN FLEET for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and depth of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 11, Lot 19.1. WHEREAS, a public hearing was held on December 8, 1988, in the Matter of the Application of KATHRYN FLEET under Appeal No. 3734; 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 Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 11, Lot 19.1 (previously 19 and 1.1 as shown on the 1980 County Tax Maps). 2. The subject premises as exists is vacant, contains a total lot area of 1.942 acres, average lot depth of 200 feet, and road frontage (lot width) of 445.18 feet, all as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated September 26, 1980, lastly amended February 24, 1987. Southold Town Board of Appeals ~4 - December lb 1988 Regular Meeting 3. By this application, appellant requests Variances from the Zoning Code for approval of: (a) insufficient lot area for proposed Parcel No. 1 of 42,287 sq. ft., (b) insufficient lot area for proposed Parcel No. 2 of 42,287, and (c) insufficient average depth for each of 200 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot depth of 250 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May 20, 1983. The record shows that this parcel was not held in single and separate ownership prior to November 1971 and that no subdivision town approvals have been found concerning the subject premises. 6. In viewing the immediate area of those lots fronting along Old Pasture Road within Section 103, Blocks 11 and 13, District 1000 of the Suffolk County Tax Maps, the following lot sizes and parcel numbers are identified for the record: (a) Block 13, Lot 19 and 18.1 (previously 19, 18, 17 - common ownership by John H. McNeil) - 43,500+- sq. ft. total; (b) Block 13, Lot 2 - 1.75+- acres; (c) Block 13, Lot 1.1 - 88,500 sq. ft.; (d) Block 13, Lot 1.2 - 40,000 sq. ft. (e) Block 11, Lot 20 - 2.5+- acres; (f) Block 11, Lot 1.2 - 18.7+- acres; (g) Block 11, Lot 19.1 - 1.942 acres. 7. The following three parcels are not located immediately adjacent but are opposite the subject premises to the north, within Block 11, Section 103, District 1000 of the Suffolk County Tax Map, and have access along Fleet Neck Road (or Pequash Avenue): (a) Lot 16 - 19,500+- sq. ft., (b) Lot 17 - 15,000+- sq. ft., (c) Lot 18 15,000+- sq. ft. 8. Upon inspection and viewing of the character of the immediate area, the sizes of the proposed lots are substantially smaller, and a majority of the remainder are substantially larger. 9. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; Southold Town Board of Appeals -25- December 16, 1988 Special Meeting (b that the relief requested is substantial in relation to the requirements, being a variance of approximately 46%, and meeting only 54% of the 80,000 sq. ft. minimum requirement; (c) that the circumstances are not unique; (d) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (e) there will be an adverse effect of increased dwelling density thus produced on available governmental facilities by the creation of precedents if the variance were allowed, and will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (f) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by denying this application. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3734 in the Matter of the Application of KATHRYN FLEET, BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. Absent was: Member Doyen of Fishers Island, due to serious family illness. This resolution was duly adopted. Southold Town Board of Appeals - 26 - December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3780: Application of ARMANDO CAPPA for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to erect ground sign, advertising off-premises business ("Ciccilino," Fine Italian Dining). Location of Property: South Side of the Main Road (S.R. 25), and the north side of Old Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-11.1. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of ARMANDO CAPPA under Appeal No. 3780; 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 appealing the September 6, 1988 Notice of Disapproval from the Building Inspector, Article III, Section 100-30, Subsection C to erect a 3' x 8' directional ground sign upon premises located in the "A" Residential and Agricultural Zoning District located along the south side of the Main Road (State Route 25), and along the north side of the Main Road, Southold, as more particularly depicted on sketched map submitted for consideration. Southold Town Board of Appeals -27- (Decision - Appl. No. 3780 - CAPPA, December 16, 1988 Special Meeting continued:) 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 6, Lot 11.1, and does not comply with the Codes in the following areas: (a) lot size, (b) subdivision, (c) wetlands, and is virtually "unbuildable." 3. The subject premises is located in the A-Residential and Agricultural Zoning District and is vacant land. 4. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types' of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activities i. Federal, State, County, Town owned signs. 5. It is the position of this Board that the sign as proposed does meet the requirements as previously established. 6. Also in considering this application, the Board finds and determines: (a) the use of this sign is within the bests interests of the general public or residents; (b) this proposal will not in effect alter the essential character of the property or neighborhood in this zoning district or the nearby business zone districts; (c) an approval as applied will not be out of harmony with, and will promote the general purposes and intent of zoning. 7. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. 8. It is also noted for the record that similar signs for the same purposes do exist in the immediate area "Southold Town Board of Appeals _28_ (Decision - Appl. No. 3780 - CAPPA, December 16, 1988 Special Meeting continued:) Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance to locate one 3 ft. x 8 ft. directional ground sign (for "Cicccilino, Fine Dining") as applied in the Matter of the Application of ARMANDO CAPPA under Appl. No. 3780, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Must be placed in the location as approved by the Town Trustees (see Town Trustees Memorandum dated November 15, 1988); 2. Must not exceed the size of 3 ft. x 8 ft., as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -29 _ December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3799: Application of VICTOR AND LINDA CATALANO FOR A Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31 for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Peconic Bay Boulevard and the west side of Private Right-of-way, Laurel, NY; County Tax Map District 1000, Section 128, Block 6~ Lot 13.1. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VICTOR AND LINDA CATALANO under Appeal No. 3799; 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 corner lot located along the southerly side of Peconic Bay Boulevard and the westerly side of a private right-of-way, in the Hamlet of Laurel, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 6, Lot 13.1. 2. The subject premises is identified on the Subdivision Map filed under Appeals No. 2692 rendered May 28, 1980, and under Appeal No. 1914 rendered June 13, 1974, grandfathered by the Planning Board September 23, 1980 {Section 106-53}, as Lot No. 3, containing a total area of 13,727 sq. ft. Southold Town Board of Appeals ~0 _ December 16, 1988 Special Meeting (Appl. No. 3799 - CATALANO decision, continued:) 3. The subject premises is vacant land. 4. By this application, appellants request a variance from Article III, Section 100-30 and Section 100-31 for permission to locate a new principal building to be used as a poolhouse (cabana) accessory to the adjoining swimmingpool and residence to the south (on Lot No. 2) as more particularly depicted on the site plan map prepared by Craig Coronato, Landscape Architect, dated August 30, 1988. The building is proposed of a size 16' by 24', located approximately 20 feet from the westerly property line, 35 feet from the easterly (front) property line, and approximately 10 feet from the southerly property line (see landscape plan). 5. Article III, Section 100-30 of the Zoning Code permits one-family dwellings on a lot, and Section 100-32 pertains to accessory uses or buildings incidental to principal use existing on the lot. The premises is vacant, and the use of the poolhouse (cabana) will not include the minimum requirement of 850 sq. ft. of liveable floor area for a single-family dwelling. 6. For the record, it is noted that the premises was the subject of prior applications rendered: (a) under Appeal No. 1914 on June 13, 1974, and (b) under Appeal No. 2692 on May 28, 1980. 7. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Southold Town Board of Appeals -31 December 16, 1988 Special Meeting (Appl. No. 3799 CATALANO decision, continued:) interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance to locate new poolhouse/cabana structure upon this vacant lot for uses accessory and incidental to the adjoining residence and swimmingpool, in the Matter of Appeal No. 3799 for VICTOR AND LINDA CATALANO, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject cabana/poolhouse/storage building, if converted for residential use, shall conform to all setback provisions of the Zoning Code for a principal dwelling; 2. Deck and patio areas not be roofed; 3. Showers and/or bathroom area doors shall be located on the outside wall of building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent was: Member Serge Doyen, due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -32 - December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3800: Application of VICTOR AND LINDA CATALANO FOR A Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.2. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VICTOR AND LINDA CATALANO under Appeal No. 3800; 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 along the westerly side of a private right-of-way, which extends off the south side of Peconic Bay Boulevard 171.77 feet, in the Hamlet of Laurel, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 6, Lot 13.2. 2. The subject premises is identified on the subdivision Map filed under Appeals No. 2692 rendered May 28, 1980, and under Appeal No. 1914 rendered June 13, 1974, grandfathered by the Planning Board September 23, 1980 {Section 106-53}, as Lot No. 2, containing a total area of 15,075 sq. ft. Southold Town Board of Appeals - 33- December 16, 1988 Special Meeting (Appl. No. 3800 - CATALANO decision, continued:) 3. The subject premises is improved with a single-family, one-story frame and stucco house set back approximately five inches from the westerly property line, approximately 29 feet from the southerly property line, 105+- feet from the northerly property line, and 37+- feet from the front easterly property line. 4. By this application, appellants request a variance from Article III, Section 100-32 for permission to locate a new pool accessory swim~inqpool with fence enclosure as more particularly depicted on the site plan map prepared by Craig Coronato, Landscape Architect, dated August 30, 1988. The pool is proposed of a size 20 ft. by 40 ft. and is shown to be set back a minimum of 35 feet from the easterly front property line, generally centered between the westerly and easterly property lines, hugging the most northerly yard area. 5. Article III, Section 100-32 of the Zoning Code provides that accessory buildings and uses be located in the required rear yard area. 6. Due to the location of the preexisting principal dwelling structure and the location of the private right-of-way to the lot, the premises has technically no rear yard area. 7. For the record, it is noted that the premises was the subject of prior applications rendered: (a) under Appeal No. 1914 on June 13, 1974, and (b) under Appeal No. 2692 on May 28, 1980. 8. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Meeting (Appl. No. 3800 - CATALANO decision, continued:) interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance to locate new accessory swim~ingpool with fence enclosure partly in the front and side yard areas, in the Matter of Appeal No. 3800 for VICTOR AND LIN]DA CATALANO, provided that the pool, deck and patio areas remain unroofed, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent was: Member Serge Doyen, due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -35_ December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3796: Matter of ALFRED FALKOWSKI for a Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+- acre -.~rcel. Zone District: "C-i" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083, Block 3, Lot 4.6. WHEREAS, a public hearing was held on December 8, 1988 under File No. 3796, filed November 2, 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 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 pursuant to the requirements of Article XI, Section 100-90B for permission to utilize proposed 12,000 sq. ft. one-story building for office and storage use, as shown on the plot plan prepared by Sambach Associates of October 4, 1988 (Job ~2988). 2. The subject premises is located along the (south)west side of Cox Lane in the Hamlet of Cutchogue, Town of Southold, contains a total area of 6.09 acres (265,599 sq. ft.) and is situated in the C-1 General Industrial Zone District. Southold Town Board of Appeals _36_ December 16, 1988 Special Meeting (Decision - Appl. No. 3796 - FALKOWSKI, continued:) 2. The property is vacant land and is also referred to as Lot No. 3 as shown on the Map of Minor Subdivision (#450) approved by the Southold Town Planning Board during 1987. 3. For the record it is noted that by letters dated December 6 and 8, 1988, the Planning Board has coordinated its comments under the pending site-plan review. 4. In considering this application, the Board has: (a) considered items {al through {1~ of the zoning code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (c) determined the safety, health, welfare, comfort, convenience, and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of same under the zoning code, subject to site-plan action by the Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Special Exception for office and storage use in the proposed 12,000 sq. ft. building, as applied and referenced above, under the Application of ALFRED FALKOWSKI under File No. 3796. It was noted that the grant of this Special Exception does not include a Variance for a front yard setback, which would be necessary in the event the site plan is not modified to comply with the Bulk Schedule of the Zoning Code for principal structures in this Zone District. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -37- December 16, 1988 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3807: Application of MOHRING ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119, and Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road and Kimberly Lane, Southold, NY; subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20.20. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of MOHRING ENTERPRISES, INC. under Appeal No. 3807; 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 along the easterly side of North Bayview Road, the southerly side of Pine Neck Road, and the westerly side of Kimberly Lane, in the Hamlet of Southold, Town of $outhold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.20. 2. The subject premises is identified on the Paradise-By-The-Bay Subdivision Map as Lot No. 20; and at the time of filing this application, the lot was vacant land. Southold Town Board of Appeals _38_ December 16, 1988 Special Meeting (Decision - MOHRING, Appl. No. 3807 - continued:) 3. The subject premises contains a total area of 47,559 sq. ft. and is regulated under Column "A-40" of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, which requires a minimum rearyard setback at 50 feet for a principal structure. The subject premises contains three frontyard areas along the above-noted streets. 4. By this application, appellant requests an interpretation and a variance approving a 215 ft. long by 85 feet deep, and to locate a new principal dwelling structure as shown on the September 21, 1988 Survey Map prepared by Peconic Surveyors & Engineers, P.C. with setbacks shown as follows: (a) 70 feet from the northerly front property line along Pine Neck Road; (b) 50 feet from the easterly front property line along Kimberly Lane; (c) 223+- feet from the front property line along North Bayview Road; (d) 15 feet from the southerly property line along Lot No. 19. 5. Article XI, Section 100-119 of the Zoning Code provides as follows: CORNER LOTS. (Amended 2-1-1983). On a corner lot, front yards are required on both street frontages, and one (1) yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards. No obstruction shall be erected or maintained at street intersections within the triangle formed by the street lines of such lot and a line drawn between points along such street lines thirty (30) feet distant from their point of intersec- tion. 6. Article III, Section 100-31, Column "A-40" of the Bulk Schedule, of the Zoning Code, requires minimum: (a) front yards at 50 feet each; (b) rear yard at 50 feet; (c) minimum sideyard at 15 feet; (d) total side yards at 35 feet. 7. Also noted in the subdivision records and the survey map are the restrictions for "natural state" buffers within 20 feet of the front property lines along North Bayview Road and Pine Neck Road, and the requirement for no access off of Pine Neck Road or North Bayview Road. 8. Also noted is the fact that some time subsequent to the filing of the variance application and prior to the hearing of this application, a foundation was constructed without the issuance of a Building Permit. In rendering this decision, it is noted that the Board Members do not sanction such unauthorized activities; and the property owner has done so at his own risk. Southold Town Board of Appeals _39_ December 16, 1988 Special Meeting (Decision - MOHRING, Appl. No. 3807 - continued:) 9. In considering this application, the Board also finds and determines: (a) self-created; the relief requested is minimal and is not (b) the relief will not alter the essential character of the neighborhood; (c) the difficulties and circumstances are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, requested and conditionally noted below. as 10. No interpretation has been made by this Board to deem either one of the three frontyards a side or rearyard; and accordingly, the front yard areas must continue to be deemed front yards under Section 100-13 - Definitions, of the Zoning Code. Although this does not directly affect expansion of the principal dwelling structure, the location of any proposed accessory buildings or uses will be required to be reviewed by the Board of Appeals by separate application. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance to locate new principal dwelling structure with an insufficient setback at 15 feet from the southerly property line, 70 feet from the northerly property line, and 50 feet from the easterly property, as applied in the Matter of Appeal No. 3804 for MOHRING ENTERPRISES, INC. Vote of the Board: Sawicki, and Dinizio. serious family illness. Ayes: Messrs. Goehringer, Grigonis, (Absent was: Member Serge Doyen, due to This resolution was duly adopted. Southold Town Board of Appeals ~0 _ December 16, 1988 Special Meeting SET-UPS FOR NEXT HEARINGS CALENDAR: On motion by Member Doyen, seconded by Chairman Goehringer, it was RESOLVED, to schedule the following applications for new and/or continued public hearings to be held by the Southold Town Board of Appeals at the Southold Town Hall on THURSDAY, JANUARY 12, 1989, at a Regular Meeting commencing at 7:30 p.m., and BE IT FURTHER RESOLVED, that Board Secretary Linda Kowalski is hereby authorized and directed to advertise notice of same in the Suffolk Times, Inc. and Long Island Traveler-Watchman, Inc. for publication: 7:32 p.m. Appl. No. 3809 7:35 p.m. Appl. No. 3810 7:38 p.m. Appl. No. 3817 7:43 p.m. Appl. No. 3816 7:48 p.m. Appl. No. 3820 7:53 p.m. Appl. No. 3802 8:00 p.m. Appl. No. 3912 8:03 p.m. Appl. No. 3815 8:05 p.m. Appl. No. 3814 8:10 p.m. Appl. No. 3806 8:15 p.m. Appl. No. 3747 8:16 p.m. Appl. No. 3746 8:25 p.m. Appl. No. 3810 8:30 p.m. Appl. No. 3797 STEPHEN AND DONNA GRZESIK ANTHONY AND ROSEMARY BOLLETINO DORIS K. BROWN WILLIAM AND THERESA PARK GUNTHER AND KAYLA STOTZKY HOWARD LUCAS/ALICE HUSSIE PETER AND JANICE STEIL ALFRED FALKOWSKI RYCK KOKE DORIS PRICE MOELLER FOSTER JOSEPH AND BETTY HARDY (SE) JOSEPH AND BETTY HARDY (V) WILLIAM J. BAXTER, JR. FISHERS ISLAND UTILITY CO. VOTE OF THE BOARD: AYES: Ail. Other Matters temporarily on hold before advertising: Appl. No. 3798 ELIZABETH F. McCANCE. Board awaits new map including adjoining property which is in common ownership. Appl. No. 3649 CHRISTOPHER AND WILLIAN CONNORS. Await determination by Town Trustees as to its determination of jurisdiction and physical flaging of same to determine ZBA jurisdiction, normally 75 feet landward of same. Await also finalization of SEQRA, Town Trustees as Lead Agency. Appl. No. 3788 and 3789. SUN REFINING & MARKETING. Applicant to complete filing and SEQRA with Planning Board as lead agency. Southold Town Board of Appeals -41- December 16, 1988 Special Meeting At this point in time, the Chairman declared the meeting adjourned. ~proved- cG~ar~dma~n. Go~inger Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE//QQ/~2[ HOUR Town Clerl~, Town of Southold Town Board of Appeals MAIN RnAD- STATE: ROAD 2.5 S(~UTHOLD, L.I., N,Y. 11~9T'1 TEI.EPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~ODI"RT J. DOUGLC~S-~- JOSEPH H. SAW~C~(r James Dinizio, Jr. WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on December 16, 1988 at 4:00 p.m. , and do hereby consent that the same be held on said date for the transaction of any business which may properly come before said meeting. DATED: December 16, 1988 ......~-- Southold, New York. /Gered P. Goe~.n~r~ Chairman Char ~~~ er r. , Member Dini-zio, J~.; Member ~J~'~eph ~. Sawicki, Member