HomeMy WebLinkAboutZBA-12/08/1988Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHE]LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
MINUTES
REGULAR MEETING
THURSDAY, DECEMBER 8, 1988
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, DECEMBER 8, 1988 cor~encing at 7:30 o'clock
p.m. at the Southold Town Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr. and Joseph H. Sawicki, constituting a quorum of
the Board. Board Members absent were: Serge J. Doyen, due to
serious family illness, and James Dinizio, Jr. due to
bereavement. Also present were: Board Secretary Linda F.
Kowalski, and approximately 25 persons in the audience at the
beginning of the meeting.
The Board proceeded with the following public hearings.
During each of the hearings, testimony was given and the hearing
was immediately concluded thereafter (except as noted
otherwise). The transcripts of all the hearings have been
prepared under separate cover and attached at the back of these
minutes for future reference.
7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA.
(See next page for Conditional Approval rendered at
this time.)
Remaining Public Hearings are continued on Page 4.
Southold Town Board of Appeals _2_ December 8, 1988 Regular
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3803:
Application of JAMES AND PHILOMENA MONICA for a Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of deck with an insufficient rearyard
setback. Location of Property: 585 BayHaven Lane, Southold,
NY; Terry Waters Map No. 2901, Lot No. 42; County Tax Map
District 1000, Section 88, Block 4, Lot 31.
WHEREAS, a public hearing was held and concluded on
December 8, 1988 in the Matter of the Application of JAMES AND
PHILOMENA MONICA, under Appeal No. 3803; 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 Bay Haven Lane, in the Hamlet of Southold, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 88, Block 4, Lot 31.
2. The subject premises is improved with a single-family,
one-story frame dwelling as shown on the copy of survey map
prepared by Roderick VanTuyl as surveyed September 18, 1973, and
as shown on the sketched survey submitted under Building Permit
No. 14076Z dated June 21, 1985, with sun porch addition and 16'
by 20' open deck addition.
Southold Town Board of Appeals -3- December 8, 1988 Regular
Meeting
(MONICA decision, continued:)
3. The subject premises contains a total area of 15,625
sq. ft. with frontage of 125.0 feet along Bay Haven Lane and is
regulated under Column "A" of Article III, Section 100-31, Bulk
Schedule, of the Zoning Code, which requires a minimum rearyard
setback at 35 feet for a principal structure.
4. The relief requested by this application is
specifically a variance from the required 35 feet to allow an
open-deck to extend from the back of the house 20 feet,
requiring a variance for approximately three feet with a setback
as shown at approximately 32 feet.
5. It is understood that the subject deck was constructed
pursuant to Building Permit No. 14076 dated June 21, 1985.
6. In considering this application, the Board also finds
and determines:
(a) the relief requested is minimal and is not
self-created;
(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.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested under Appeal No.
3803 in the Matter of JAMES AND PHILOMENA MONICA for approval of
the deck, as applied, PROVIDED that the deck which is the
subject hereof remain open and unroofed, {with the exception of
a temporary awning~, and not be enclosed or converted to
habitable/floor area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Sawicki. (Absent were: Member Serge Doyen, due to serious
family illness, and Member James Dinizio, Jr., due to
bereavement). This resolution was duly adopted.
Southold Town Board of Appeals -4- December 8, 1988 Regular
Meeting
(Hearings, continued:)
7:35 p.m. Appl. No. 3792 NICK THEOPHILO$.
7:37 p.m. Appl. No. 3791 JAMES H. BERGERON.
7:46 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE.
7:53 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS.
(The verbal portion of the hearing was conclud~ and
the written portion was extended until December 16th,
as a result of the request made by Christopher
Connors.)
8:00 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON.
8:05 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES.
(The verbal portion of the hearing was concluded,
subject to receiving information concerning percentages
of major renovations and expansions under 100-118.)
8:13 p.m. Appl. No. 3734 - KATHRYN FLEET.
8:23 p.m. Appl. No. 3780 - ARMANDO CAPPA.
8:29 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER
(Conditional approval was granted following the
the hearing. See resolution on next page.)
Southold Town Board of Appeals -5- December 8, 1988 Regular
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3805:
Application of PAUL AND MARGARET KAYSER for a Variance to
the Zoning Ordinance, Article XI, Section 100-119.2B for
permission to construct addition with an insufficient setback
from existing bulkhead. Location of Property: 1005 Mill Creek
Drive, Southold, NY; County Tax Map District 1000, Section 135,
Block 3, Lot 39.
WHEREAS, a public hearing was held on December 8, 1988, in
the Matter of the Application of PAUL AND MARGARET KAYSER under
Appeal No. 3805; 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 south
side of Mill Creek Drive, in the Hamlet of Southold, Town of
Southold, is referred to on the unfiled "Map of Mill Creek
Grove" as Lot 19 and part of 20, and is identified on the
Suffolk County Tax Maps as District 1000, Section 135, Block 3,
Lot 39.
2. The subject premises contains a total area of
approximately 14,800 sq. ft., lot width of approximately 84 feet
at the front-setback of the existing building, average lot depth
of 154+ feet, and is improved with a single-family, 1-1/2 story
frame dwelling, all as more particularly shown on the copy of
Survey dated February 26, 1980, prepared for the previous
Southold Town Board of Appeals-6- December 8, 1988 Regular
Meeting
(KAYSER decision, continued:)
owners, Larry C. Talbert and Rosemary H. Locastro by Roderick
VanTuyl, P.C.
3. By this application, appellants request a Variance from
the Provisions of Article XI, Section 100-119.2B to construct
open deck addition extending 13 feet at the rear of existing
dwelling, and leaving a scaled setback at 45 (or more feet from
the edge of the existing concrete bulkhead along Arshamomaque
Pond (or Old Cove).
4. Article XI, Section 100-119.2B of the Zoning Code (as
amended) requires all buildings and structures located on lots
upon which a bulkhead, concrete wall, rip-rap or similar
structure exists and which is adjacent to tidal water bodies
other than the Long Island Sound to be set back not less than
seventy-five (75) feet from the bulkhead.
5. The nonconformities of the property and building as
exists are noted as follows: (a) the setback at 52+- feet from
the existing bulkhead; (b) substandard lot area, width and
depth. The fact that the dwelling was constructed prior to the
enactment of Section 100-119.2B of the Zoning Code, as amended,
and the nature of the preexisting nonconformities lend to the
practical difficulties and related to the premises.
6. For the record it is also noted that the elevations of
the grade at the vicinity of the dwelling structure is shown to
be 10 feet, more or less, above mean sea level, and no
excavating or similar activities will be conducted for the
construction of this deck seaward of the existing dwelling.
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
relation to the requirements and is reasonable under the
circumstances;
in
Southold Town Board of Appeals-~December 8, 1988 Regular Meeting
(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,
conditionally noted below.
as
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested under Appeal
No. 3805 in the Matter of the Application of PAUL AND MARGARET
KAYSER for an 13-ft. open deck extension at rear of the
existing dwelling as applied and SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the deck not extend any farther than 13 feet from
the rear of the dwelling, as applied;
2. That the deck remain open, unroofed, and not be
converted for additional living area {except for a temporary
awning).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Sawicki. (Absent were: Member Doyen of Fishers Island due to
serious family illness and Member Dinizio due to bereavement.)
This resolution was duly adopted.
Public Hearings, continued, from page 4, supra:
8:30 p.m. Joint Hearings: Appl. No. 3800 and 3799
VICTOR AND LINDA CATALANO.
8:38 p.m. Appl. No. 3796 - ALFRED FALKOWSKI.
8:45 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC.
At 8:55 p.m., a short recess was taken for approximately
five minutes. The meeting reconvened at 9:00 p.m.
Southold Town Board of Appeals -8- December 8, 1988 Regular
Meeting
The meeting reconvened at 9:00 p.m.
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer,
seconded by Messrs. Sawicki and Grigonis, it was
RESOLVED, to declare the following Environmental
Declarations pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and
Local Law #44-4 of the Town of Southold:
Appl.
Appl.
ADp1.
Appl.
Appl.
Appl.
Appl.
Appl.
Appl.
App1.
Appl.
Appl.
Appl.
~ppl.
(continued
No. 3791 - James H. Bergeron
No. 3780 - Armando Cappa
No. 3800 - Victor and Linda Catalano
No. 3799 - Victor and Linda Catalano
No. 3796 - Alfred Falkowski
No. 3734 - Kathryn Fleet
No. 3794 - Jerry and Mary Georges
No. 3804 - Ellen Black Guyton
No. 3805 - Paul and Margaret Kayser
No. 3793 - James and Stella Manos
No. 3795 - Peter and Dorothy Micciche
No. 3807 - Mohring Enterprises
No. 3803 - James and Philomena Monica
No. 3792 - Nick Theophilos
on next page)
Southold Town Board of Appeals -9- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
$.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3791
PROJECT NAME:
James H. Bergeron
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permission to rebuild existing single-family
dwelling.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 185 Riley Ave., Ma~tituck, ~Y
1000-143-4-29
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This project does not create increased'density having been
developed previously.
(3) Information has been submitte~ by applicant or his agent indicating
that the project will not involve the disturbance of wetlands grasses
or areas subject to flooding which may be considered wetlands.
Southold Town Board of Appeals -10- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance~
APPEAL NO.: 3780
PROJECT NAME: Armando Cappa
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: ~ermissi~n to erect ground sign, advertising
~f-premises business
LOCATION OF PROJECT: Town of Southold, County of°Suffolk, more
particularly known as: S/s Main Road and N/~ Old Main ~Road, Southold, NY
1000-56-6-~1.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Information has been submitted by applicaht or his agent indicating
that the project will not involve the disturbance of wetlands grasses or
area subject to flooding which may be considered wetlandS.
(3) EXEMPT - Involves no substantial physical change to existing
building or premises.
$outhold Town Board of Appeals -11- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.RoA.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3800
PROJECT NAME: V~ctor and Linda Catalano
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Aot of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Locate s~immingpool,' accessory to ~xis~ing
residence, in an area other than the required rearyard.
LOCATION OF PROJECT: Town of Southold, County o~,Suffolk, more
particularly known as: W/s of Private ROW off S/s-of Peconic Bay Blvd.,
Laurel, N? 1000-128-6-13.2
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Separating the project in question from ~he waterfront or tidal
area is o.ther construction and/or a bulkhead in good condition.
{3) Construction proposed is located more than 75 feet from the mean
hig~water mark or tidal area.
· Southold Town Board of Appeals -12- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3799
PROJECT NAME: Victor and Linda Catalano
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southoldo
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permissi'on to construct principal building for
use as a poolhouse/cabana, accessroy to adjoining residence, with an
insufficient rearyard setback
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: S/s Peconic Bay B~V~., Laurel, 'NY
1000-128-6~13.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Separating the project~ in question from the waterfront or tidal
area is other construction and/or a bulk bead in good condition.
(3) This is an application concerning use of premises and is not
directly related to new construction.
· Southold Town Board of Appeals -13- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3796-SE
PROJECT NAME: Alfred Falkowski
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Constru6t office building with st6rage.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 8595 Cox Lane and Oregon Road, Cutchogue, NY
1000-83-3-4.6
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The land area in question is not located Within 300'feet of
~dal wet.lands or other critical environmental area.
[3) This is an application concerning use of premises and is not
directly related to new construction.
-Southold Town Board of Appeals -14- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3734
PROJECT NAME: KATHRYN FLEET
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Approval'of insufficient area, width and depth
of two proposed parcels in this pending division of land
LOCATION OF PROJECT: Town of Southold, County of°Suffolk, more
particularly known as: Old Pasture Road,-Cutchogue, NY
1000-103-11-19.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is no% directly related_to new construction
~s. ~gulated by Section 617.13 for a lot-line or area variance.
So~thold Town Board of Appeals -15- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3794
PROJECT NAME: Jerry and Mary Georges
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of $outhold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION:Permission to construct addition(s)-to existing
dwelling with an insufficient setback from the top of bank along L.I.
Sound
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: 18565 Soundview Av~., Sou~hold, NY
1000-51-1-22.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested ~s a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -16- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3804
PROJECT NAME:
Ellen Black Guyton
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.NoY.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permission to rebuild nonconforming accessory
(storage-garage) building in the frontyard area.
LOCATION OF PROJECT: Town of $outhold, County of, Suffolk, more
particularly known as.- 3331 Private ROW Qf~ Grand_Avel, Mattituck, NY
1000-107-1-11
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structures.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCR~%r! SEQRA.
Southold Town Board of Appeals -17- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued:
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3805
~ROJECT NAME: Paul and Margaret Kayser
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: . IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permissi6n to construct deck addition with an
insufficient setback from existing bulkhead.
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: 1005 Mill Creek Drive, Southold', NY
1000-135-3~39
REASON(S) SUPPORTING THIS DETEF~MINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is ~ setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -18- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3793
PROJECT NAME: James and S%ella Manos
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southo!d.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or simil&r
project.
TYPE OF ACTION: ~ IX] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Rebuild'deck structure with 30 sq.-ft, expansion,
within 75 feet of the nearest freshwater wetlands near Great Pond.
LOCATION OF PROJECT: Town of Southold, County of°Suffolk, more
particularly known as: 2147 Lake Drive, ~o~thold, ~Y
1000-59-5-2.2
REASON(Z) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is. a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
(3) There shall be no disturbance of land within 10 or more feet of
the existing wetland area.
Southold Town Board of Appeals -19- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued:
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3795
PROJECT NAME: Peter and Dorothy Micciche
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of $outhold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Permissibn to constrhct detached garage in an
area other than the required rearyard.
LOCATION OF PROJECT: Town of Southold, County o~0Suffolk, more
particularly known as: 270 Private Road #.12-, Southold, NY
1000-78-6-4.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed is landward of existing structures.
(3). The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -20- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3807
PROJECT NA~IE:
Mohring Enterprises
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION:Permission to locate'new dwelling with an
insufficient rearyard setback on a lot which has frontage along three
r°adSLocATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: North Bayview Rd.,.Pine Neck Ro~d and Kimberly Lane,
Southold, NY 1000-70-13-20.20 .
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction proposed.is landward of existing structures.
(3) The relief requested is a setback variance as regulated by
Section '617.13, 6 NYCRR, SEQRA.
So~thold Town Board of Appeals -21- Dec. 8, 1988 Regular Meeting
(Environmental Declarations, Continued
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3803
PROJECT NAME:
James and Philomena Monica
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: ~ [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Approval of deck wi~h an insufficient
rearyard setback
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 545 Bay Naven Lane, Southold, NY
1000-88-4-31
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested i's a setback variance as reguiated by
Section 617.13, 6 NYCRR, SEQRA.
(3) Construction proposed is landward of existing s~ruc%ures.
Southold Town Board of Appeals -22- DeC. 8, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
APPEAL NO.: 3792
PROJECT NAME: Nick Theophilos
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the.N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: · [X] Type II [ ] Unlisted [ ] Exempt
DESCRIPTION OF ACTION: Locate ~wimmingpool 'with fence enclosure with an
insufficient setback from average line of bluff along Long Island S6und
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: 450 The Strand, East Marion, NY
1000-21-5-5
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief req0ested ~s a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals -23- December 8, 1988 Regular
Meeting
(ENVIRONMENTAL DECLARATIONS, continued:)
Vote of the Board: Ayes: Messrs. Goehringer,
Sawicki. (Members Doyen and Dinizio were absent.)
resolution was duly adopted.
Grigonis and
This
ACTION OF THE BOARD OF APPEALS
Appl. No. 3785:
Application of RAYMOND NINE and CHARLES ZA~RA for a Special
Exception to the Zoning Ordinance, Article III, Section
100-30B(16) for permission to establish "Bed and Breakfast Use,"
"an owner-occupied building, other than a hotel, where lodging
and breakfast is provided for not more than six casual,
transient roomers, and renting of not more than three rooms.
Location of Property: North Side of New Suffolk Avenue,
Mattituck, NY; County Tax Map District 1000, Section 114, Block
11, Lot 20.
WHEREAS, a public hearing was held on October 26, 1988 in
the Matter of the Application of RAYMOND NINE and CHARLES ZAHRA
under Appl. No. 3785; 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 for a "Bed and Breakfast" Establishment, for the
rental of three bedrooms for lodging and serving of breakfast to
not more than six casual and transient roomers, which will be
incidental and subordinate to the principal single-family use of
the existing dwelling.
2. The premises in question is located in the "A"
Residential and Agricultural Zoning District, contains a total
Southold Town Board of Appeals-24- December
(NINE & ZAHRA decision, continued:)
8, 1988 Regular
Meeting
area of 22,992 sq. ft. with frontage along the north side of New
Suffolk Avenue 113.0 feet, and by deed dated June 5, 1986 at
Liber 10062 page 225, the premises was conveyed by William
Wickham, as Executor of the Estate of Evelyn K. Reeve, to the
Ra~mond F. Nine and Charles J. Zahra.
3. The subject premises is identified on the Suffolk
County Tax Maps as District 1000, Section 114, Block 11, Lot 20,
and is improved with a single-family, 2-1/2 story frame
dwelling, with setbacks of 54+- feet from the front property
line along New Suffolk Avenue, 31+- feet from the westerly side
property line along lands now of DeReeder, 40+- feet from the
easterly side property line along lands now of Nine, and 108+-
feet from the northerly rear property line along lands now or
formerly of Wilsberg (see copy of survey dated January 14, 1986,
prepared by Roderick Van Tuyl, P.C.).
4. Chapter 100, Article III, Section 100-30B of the Zoning
Code provides as follows:
... B. Uses permitted by special exception by the
Board of Appeals. The following use(s) are permitted by a
special exception by the Board of Appeals, as hereinafter
provided, and, except for the uses set forth in subsection (16)
hereof, are subject to site plan approval by the Planning Board
in accordance with Article XIII hereof:
(16) The renting of not more than three (3)
rooms in an owner occupied dwelling for lodging and serving of
breakfast to not more than six casual and transient roomers,
provided that the renting of such rooms for such purpose is
clearly incidental and subordinate to the principal use of the
dwelling, subject to the following requirements:
(a) That adequate off-street parking spaces
shall be provided for such rented rooms in addition to parking
spaces for the use of the family of the owner...
5. The record shows that both owners do not and will not
reside within the dwelling, and that the individual who will
reside within and occupy the residence and proposed
Bed-and-Breakfast use is being assigned permission to do the
same, rather than having a direct interest as a property owner
as required by the statute. Further, no testimony has been
furnished by the proposed occupant of the premises under oath,
as an applicant, or otherwise for the record.
Southold Town Board of Appeals-Z5- December 8, 198~ Regular
Meeting
6. In considering this application, the Board finds and
determines that it is without authority to grant a Special
Exception use where the project does not meet all of the
requirements of the Zoning Code {Knadle v. ZBA of Huntington,
121 AD2d 447 (1986}; Roginski v. Rose, et al., 63 NY2d 735
(1984).
Accordingly, on motion by Mr. Grigonis, seoonded by
Mr. Sawicki, it was
RESOLVED, to DENY WITHOUT PREJUDICE the Application for a
Special Exception as applied under File No. 3785 in the Matter
of RAYMOND NINE and CHARLES ZAHRA.
Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and
Grigonis. (Absent were: Member Doyen, due to serious family
illness and Member Dinizio, due to bereavement.) This
resolution was duly adopted.
REQUEST FOR REFUND: Appeal No. 3757. Matter of JOHN
CHOBOR/GEORGE H. LAMB. The status of the above file is as
follows:
1. Await receipt of survey showing proposed location of
house, dimensions of property, and setbacks.
2. Await title search back to 1957 as per legal opinion.
3. Written consent of current owner.
Based upon office referrals, conversations, research, etc., the
Board of Appeals does not feel they are in a position to judge
the permits for refunding the $150.00 filing fee, and therefore
it was left for the discretion of the Town Board.
Southold Town Board of Appeals -26- December 8, 1988 Regular
Meeting
FINAL SURVEY REVIEW: Appeal No. 3645 PAUL AND CHARLOTTE
GALGAN. Written correspondence was received from Mr. Galgan
requesting a review of the final survey prepared by Roderick
VanTuyl, P.C. dated September 29, 1987, for the construction of
the 10 ft. x 24.2 ft. size addition. It was agreed that the
final survey appears to comply with the location previously
applied for, and is not any closer than 14.2 feet from the
northerly side yard. It was indicated that if a further
variance was deemed necessary, that the property owner must
apply by formal application before a sale of the property is
made. The Secretary was authorized to prepare a letter as to
the above position to Mr. Galgan.
APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, to APPROVE the Minutes of the October 26, 1988
Regular Meeting.
Vote of the Board: Ayes: Messrs. Goehringer,
Sawicki. (Members Doyen and Dinizio were absent.)
resolution was duly adopted.
Grigonis and
This
DEADLINE FOR WRITTEN SUBMISSIONS: Appeal No. 3793. JAMES
AND STELLAMANOS. The Board agreed to extend the time for
written submission by Christopher Connors (pursuant to telephone
call with our office yesterday afternoon) until December 15,
1988. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it
was
RESOLVED, to conclude the verbal portion and extend the
time for receipt of written comments until December 15, 1988,
the Matter of Appeal No. 3793 - JAMES AND STELLA MANOS.
in
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Sawicki. (Members Doyen and Dinizio were absent.) This
resolution was duly adopted.
There being no other business properly coming before the
Southold Town Board of Appeals -27- December 8, 1988 Regular
Meeting
Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at approximately 9:15 p.m.
Respectfully submitted,
Kowalski, Secretar~
Southold Town Board of Appeals
Approvez~z~erar~ P. ~ringer, Chairman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CT.F. RK
--
Town Clerk, Town of Southold