HomeMy WebLinkAboutZBA-11/16/1988 SPECAPPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD ~5 SOUTHDLD, L.I., N.Y. 11g71
TELEPHONE (5'16) 765-1809
MINUTES
SPECIAL MEETING
WEDNESDAY, NOVEMBER 16,
1988
A Regular Meeting was held by the Southold Town Board of
Appeals on WEDNESDAY, NOVEMBER 16, 1988 commencing at 7:30
o'clock p.m. at the Southold Town Hall, Main Road, Southold, New
York.
Present were: Gerard P. Goehringer, Chairman; Serge J.
Doyen, Joseph H. Sawicki, and James Dinizio,
Jr., consisting of four of the five Board Members. Absent was:
Member Charles Grigonis {out-of-state}). Also present were:
Linda Kowalski, Assistant and Secretary of the Board.
The Chairman opened the meeting at 7:30 o'clock p.m.
CONCLUSION OF HEARING: Appeal No. 3708. Matter of DAVID
WALKER/TURTLE ASSOCIATES. (At the 10/26/88 Hearing, a resolution
was adopted concluding the public submissions portion of the
hearing, but leaving the hearing in open recess only to allow
further questionning, if determined necessary by the Board
Members who were not able to attend the October 26, 1988
hearing.
Members Sawicki and Doyen confirmed their review of the
transcript of the hearing, file material, viewing of the
premises, and familiarity with the record in question, indicated
they did not feel a furtherance of the hearing for questionning
was necessary since they did not have any further questions.
Chairman Goehringer and Member Dinizio concurred, and the
following resolution was adopted:
RESOLVED, to conclude (close) the hearing in its entirety
Southold Town Board of Appeals -2- November 16; 1988 Special
Meeting
concerning Appeal No. 3708 - DAVID WALKER/TURTLE ASSOCIATES.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Charles Grigonis
{out-of-state}). This resolution was duly adopted.
Chairman Goehringer left during deliberations in the Matter of
Appeal No. 3708 - DAVID WALKER/TURTLE ASSOCIATES.
The Board started deliberations and rendered the following:
Appeal No. 3708:
Upon application of DAVID WALKER/TURTLE ASSOCIATES for
Variances to the Zoning Ordinance, Article III, Section 100-31
for approval of parcel as exists with insufficient lot area and
width and more particularly described in Deed at Liber 8721 page
433 dated October 25, 1979, having been set-off without Planning
Board approval. Location of Property: 1300 Marratooka Lane,
Mattituck, NY; County Tax Map District 1000, Section 115, Block
3, Lot 18.3 (previously part of 18.2).
WHEREAS, a public hearing was held on October 26, 1988,in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES
under Appeal No. 3708; 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 115, Block 3, Lot 18.3
(previously part of 18.2).
2. The subject premises as exists is vacant, contains a
total lot area of 24,752 square feet, and has frontage along
Marratooka Lake of 58+- feet and Marratooka Lane of 89.50 feet,
as more particularly shown on the Map prepared by Roderick
VanTuyl, P.C. June 14, 1988 and Survey Map Prepared October 3,
1979, amended June 1, 1987.
Southold Town Board of Appeals -3- November 16, 1988 Special
Meeting
(Decision, Appl. No. 3708 - WALKER/TURTLE ASSOCIATES
3. By this application, appellant requests Variances from
the Zoning Code for approval of an insufficient lot area of
24,752 sq. ft. and insufficient width (frontage) of 89.50 feet,
as exists and described by Deed dated October 15, 1979 between
the current owner and the prior owner, Robert E. Rehm.
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 width (or street frontage) of 175 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
town approvals have been found concerning the set-off of the
subject premises from the adjoining northerly house lot (now of
Lowell) or the adjoining southerly vacant lot (now of Cuddy).
6. In viewing the immediate area within Section 115, Block
3, District 1000 of the Suffolk County Tax Maps,the following lot
sizes and parcel numbers are identified for the record: (a) Lot
15 at 1.2+- acres; (b) Lot No. 16 at 1.0+- acre in area; (c)
Lot 17 at .95+- of an acre; (d) subsequent to the subject
set-off of 18.3, previously referred to as 18.2, now Lot 18.1 at
1.2+- acres; (e) prior to the subject set-off of 18.3, when
combined with 18.2, Lot 18 (or 18.1) at 2.1+- acres; (f) Lot 19
at 1.3+- acres; (g) Lot 29 at 21,500+- sq. ft. Each of these
parcels are located along the west side of Marratooka Road or
front along the immediate shoreline of Marratooka Lake. (Other
parcels which may also front along Marratooka Lake were not
included since these parcels do not have direct access or
frontage along Marratooka Road and do front along other Town
Roads.)
7. Upon inspection and viewing of the character of the
immediate area (noted above), the size of this proposed lot is
substantially smaller, and a majority of the remaining building
lots are substantially larger.
8. 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 -4- November 16, 1988 Special
Meeting
(Decision, Appl. No. 3708 - WALKER/TURTLE ASSOCIATES
(b that the relief requested is substantial in
relation to the requirements, being a variance of approximately
70%, and meeting only 30% of the 80,000 sq. ft. minimum
requirement;
(c) that the circumstances are not unique and are not
principally related to the property;
(d) that the difficulties claimed are self-imposed,
particularly due to the inaction of the property owner over many
years to apply for and obtain town approvals for the improper
set-offs;
(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) there will be a substantial change in the
character of the neighborhood and detrimental effect to
neighboring properties;
(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 the variance.
Accordingly, on motion by Mr. Dinizi0
Mr. Sawicki , it was
, seconded by
RESOLVED, that the relief requested under Appeal No. 3708 in
the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES,
BE AND HEREBY IS DENIED.
Vote of the Board: Ayes: Messrs. Sawicki, Doyen and
Dinizio. Absent from all deliberations and vote were: Member
Grigonis (out-of-state) and Chairman Goehringer. This resolution
was duly adopted.
Southold Town Board of Appeals -5a- November 16, 1988 Special
Meeting
At this point in time, Chairman Goehringer
meeting room for deliberations, and
deliberate with the following matters:
Appl. No. 3760 - ELSIE D. YOUNG;
Appl. No.
Appl. No.
Appl. No.
Appl. No.
Appl. No.
Appl. No.
Appl. No.
Appl. No.
Appl. No.
returned to the
the Board proceeded to
3761 - ELSIE D. YOUNG;
3751 - JEAN C. HOLLAND/LONGNECKER;
3773 - GRETCHEN K. HEIGL;
3784 ~ JAMES YOUNG;
3772 - JOHN G. PHILIPPIDES;
3777 - CARL J. and RUTH V. NELSON
3762 - ROBERT Go
3783 - JOSEPH A.
3782 - JOSEPH A.
and DIANNA BAKER
STOCKEN/M & N AUTO, INC.
STOCKEN/M & N AUTO, INC.:
Southold Town Board of Appeals-Sb-~ovember 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3761:
Application of ELSIE D. YOUNG for a Variance to the Zoning
Ordinance, Article III, Section 100-30(15)(M) to allow
conversion of dwelling for Accessory Apartment with Certificate
of Occupancy dated after January 1, 1984, although Affidavit of
Building Inspector indicates dwelling met the requirements of a
Certificate of Occupancy had application been made in a timely
fashion. Location of Property: 480 Grissom Lane, Southold,
NY; County Tax Map Parcel No. 1000-78-1-10.3.
WHEREAS, a public hearing was held and concluded on Octo-
ber 6, 1988 in the Matter of the Application of ELSIE D. YOUNG
under Application No. 3761; 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, appellant requests a Variance from
Article III, Section 100-30, Subsection B{15}(M) of the Zoning
Ordinance, which provision states as follows:
...The building which is converted to permit an acces-
sory apartment shall be in existence and have a valid
certificate of occupancy issued prior to January 1,
1984 ....
Southold Town Board of Appeals -6- November 16, 1988 Special
Meeting
2. Under Application for a Special Exception filed and
considered under same dates herewith, (File No. 3760), applicant
proposes to establish a new "Accessory Apartment" within the
existing principal (dwelling with garage) structure, as more
particularly shown on the sketched plans submitted with the
application prepared by William Young.
3. The premises in question is located in the "A-40"
Residential and Agricultural Zoning District, containing a total
area of approximately 40,000 sq. ft. and road frontage of 135+-
feet along Grissom Lane.
4. The subject premises is improved with a single-family
dwelling structure with attached garage as more particularly
shown on the survey prepared by Roderick VanTuyl, PoC., revised
April 8, 1985.
5. The area to be occupied as an "Accessory Apartment" is
at the northerly end of the existing structure and will contain
a living area of approximately 528 square feet (within an area
24'6" x 22') as shown on the sketch floor plan submitted with
this application. The remaining floor area will continue to be
used as the principal single-family residence of the owner.
6. Article III, Section 100-30(B) permits the
establishment of such use, subject to conditions (a)
thereof.
through (p)
7. Subsection "m" thereof provides that "...the building
which is converted to permit an accessory apartment shall be in
existence and have a valid Certificate of Occupancy issued prior
to January 1, 1984." Although a Certificate of Occupancy was
not validated until after January 1, 1984, it is hereby
determined that the documentation submitted is sufficient and
the applicant has complied with this specific requirement,
entitling her to same (see Affidavits, etc.).
8. It is the position of this Board that this variance
application must be dismissed since the Board is without
jurisdiction to vary the conditions of a Special Exception;
(Knadle v. ZBA of Huntington, 121 A.D. 2d 447 (1986); Roginski
v. Rose, et al., 63 N.Y. 2d 735 (1984).
9. A parking plan has been submitted in behalf of the
applicant depicting the area immediately east along the front
section of the dwelling. The Bulk and Parking Schedule of the
Code requires two spaces for the one-family principal use, and
the Accessory Apartment will be required to have two parking
spaces, for a total of four. (Each available garage space would
be permitted as one parking space, when appropriate.)
Southold Town Board of Appeals -7- November 16, 1988 Special
Meeting
(YOUNG decision, continued:)
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that the relief requested in the Variance
Application for ELSIE D. YOUNG under Appl. No. 3761, BE AND
HEREBY IS DISMISSED for the reasons stated in paragraph 8,
supra.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis (out of
state). This resolution was duly adopted.
Southold Town Board of Appeals -8- November 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Application of ELSIE D. YOUNG for a Special Exception to
the Zoning Ordinance for permission to establish Accessory
Apartment in an existing dwelling structure in accordance with
the requirements of Article III, Section 100-30B, subsection
15. Location of Property: 480 Grissom Lane, Southold, NY;
County Tax Map Parcel No. 1000-78-1-10.3.
WHEREAS, a public hearing was held and concluded on Octo-
ber 6, 1988 in the Matter of the Application of ELSIE D. YOUNG
under Application No. 3760; 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 made the following findings of fact:
1. By this application, appellant requests a Special
Exception to the Zoning Ordinance, Article III, Section 100-30,
Subsection B(15} for permission to establish a new "Accessory
Apartment" within the existing principal (dwelling with garage)
structure, as more particularly shown on the sketched plans
submitted with the application prepared by William Young.
2. The premises in question is located in the "A-40"
Residential and Agricultural Zoning District, containing a total
area of approximately 40,000 sq. ft. and road frontage of 135+-
feet along Grissom Lane.
3. The subject premises is improved with a single-family
dwelling structure with attached garage as more particularly
shown on the survey prepared by Roderick VanTuyl, P.C., revised
April 8, 1985.
Southold Town Board of Appeals -9- November ~6~ 1988 Special
Meeting
4. The area to be occupied as an "Accessory Apartment" is
at the northerly end of the existing structure and will contain
a living area of approximately 528 square feet (within an area
24'6" x 22') as shown on the sketch floor plan submitted with
this application. The remaining floor area will continue to be
used as the principal single-family residence of the owner.
5. Article III, Section 100-30(B) permits the
establishment of such use, subject to conditions (a)
thereof.
through (p)
6. Subsection "m" thereof provides that "...the building
which is converted to permit an accessory apartment shall be in
existence and have a valid Certificate of Occupancy issued prior
to January 1, 1984." Although a Certificate of Occupancy was
not validated until after January 1, 1984, it is hereby
determined that the documentation submitted is sufficient and
the applicant has complied with this specific requirement,
entitling her to same.
7. It is noted for the record that under Appeal No. 3761,
a Variance has also been filed and processed simultaneously
herewith requesting relief from Condition "m" under Article III,
Section 100-3)(B){15}. (The subject variance was dismissed
since the Board is without jurisdiction to vary the conditions
of a Special Exception--see paragraph #6, supra, alternatively;
Knadle v. ZBA of Huntington, 121 A.D. 2d 447 (1986); Roginski v.
Rose, et al., 63 N.Y. 2d 735 (1984).
8. A parking plan has been submitted in behalf of the
applicant depicting the area immediately east along the front
section of the dwelling. The Bulk and Parking Schedule of the
Code requires two spaces for the one-family principal use, and
the Accessory Apartment will be required to have two parking
spaces, for a total of four. (Each available garage space would
be permitted as one parking space, when appropriate.)
In considering this application, the Board finds and
determines that: (a) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; (b) the use will not
adversely affect the safety, welfare, comfort, convenience or
order of the town; (c) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections {a} through {1} of Article XII,
Section 100-121(C){2} of the Zoning Code.
Southold Town Board of Appeals -10- November !6, 1988 Special
Meeting
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that a Special Exception for an "Accessory
Apartment" as provided in Article III, Section 100-30(B){15} of
the Zoning Code, in the Matter of ELSIE D. YOUNG under Appl. No.
3760, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH
SUBSECTIONS (a) through (p) of the Zoning Code, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis (out of
state). This resolution was duly adopted.
Southold Town Board of Appeals -Il-November 16, 1988 Special
Meeting
(Decision, Appl. No. 3751 - HOLLAND/LONGNECKER, continued:)
ACTION OF THE BOARD OF APPEALS
Application of JEAN C. HOLLAND-LONGNECKER for Variances to
the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of proposed Parcels A and B having
insufficient area and width. Location of Property: Sunset
Road, Beach Lane, and Lowland Road, at Nassau Point Map Section
C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37;
Cutchogue, NY; County Tax Map Parcel No. 1000-111-10-18, 1, and
2.
WHEREAS, a public hearing was held on August 18, 1988, and
on October 6, 1988, all submissions were officially accepted and
the file officially concluded; 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 made the following findings of fact:
1. The properties in question are located along Beach
Lane, Meadow Lane, Lowland Road and Sunset Road, at Nassau
Point, Hamlet of Cutchoque, Town of Southold, County of suffolk,
and are identified on the Suffolk County Tax Maps as District
1000, Section 111, Block 10, Lot #1 and Lot #18.
2. The properties in question are further identified as
follows: (a) Lot #327 and #328 on the "Amended Map A of Nassau
Point, filed August 16, 1922 as Suffolk County Map No. 156; and
(b) Lots No. 36 and 37 on the "Map of Property of Walter C.
Grabie filed April 19, 1938 as Suffolk County Map No. 1257.
Both subdivision maps are listed under Section 100-12 of the
Zoning Code "Exceptions" as to lot area and width requirements
as enacted by the Southold Town Board by Local Law Amendments
October 30, 1973.
Southold Town Board of Appeals -12-November 16, 1988 Special
Meeting
(Decision, Appl. No. 3751 - HOLLAND/LONGNECKER, continued:)
3. By this application, appellant requests Variances from
the Zoning Code, Article III, Section 100-31, Bulk Schedule, for
approval of the insufficient area and width of two parcels in
this proposed re-division of land and the insufficient setback
of the existing dwelling from the relocated division line (to
the south), all as more particularly shown on the Survey Map
prepared by Roderick VanTuyl, P.C. dated June 29, 1987: (a)
Parcel A with a total of 61,525+- square feet, inclusive of the
improved dwelling parcel and section of land located opposite
Lowland Road referred to as Lot 37 (both of 55,660 sq. ft. and
5865 sq. ft., respectively); (b) Parcel B with a total of
55,242+- square feet, inclusive of the vacant parcel and the
section of land located opposite Lowland Road referred to as Lot
#36 (both of 40,000 sq. ft. and 15,242 sq. ft., respectively;
(c) insufficient setback of the existing dwelling to the
proposed re-division line at four feet at its closest point.
4. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 square feet
(eff. 5/83), lot width (or street frontage) of 175 feet,
minimum sideyard at 20 feet, and minimum rearyard at 50 feet.
5. Article III, Section 100-12, as amended 10/30/73 by the
Southold Town Board by Local Law No. 5-1973, excepted the Map of
"Nassau Point" from the lot area and lot width requirements of
the Zoning Code.
6. For the record, it is noted that the applicant acquired
the subject premises July 17, 1967. Since that time, several
building permits have been applied for and issued permitting
substantial renovations and enlargement of the dwelling on these
two lots, jointly.
7. Also noted for the record are: (a) Board of Appeals
action rendered November 29, 1984 under Appeal No. 3230; (b)
Board of Appeals action rendered June 19, 1985 under Appeal No.
3361; (c) N.Y.S. Department of Environmental Conservation
Permit 910-84-0678; (d) Suffolk County Health Department
approval dated April 6, 1988 pursuant to a Board of Review
Determination made March 7, 1988, with reference to the subject
premises.
8. A Declaration of Covenants and Restrictions has been
previously submitted in legal form, which restricts all
structures, buildings or dwelling(s) of any kind, except docks,
bulkheads, rip-rap and similar accessory structures as permitted
by codes, upon Lots 36 and 37, Map of Walter C. Grabie, located
along the west side of Lowland Road (opposite the upland parcel)
which document is required to be filed and recorded in the
Office of the County Clerk.
Southold Town Board of Appeals-13- November 16, 1988 Special
Meeting
(Decision, Appl. No. 3751 - HOLLAND/LONGNECKER, continued:)
9. The lots within District 1000, Section 111, Block 10,
(in the immediate area of the subject premises) are shown by the
current deeds to: (a) consist of two subdivision lots #329 and
330 within Lot #17, for a total area of 2.3+- acres; (b)
consist of one subdivision lot #331 within Lot #16 for a total
area of 1.1+- acres; (c) consist of one subdivision lot #332
within Lot #15 for a total area of 1.4+- acres; (d) consist of
one subdivision lot for Lot #19, for a total area of 1.0+-
acre; (e) consist of one subdivision lot for Lot ~20, for a
total area of 1.0+- acre. The lot area resulting by the
alteration of the lot line as submitted is not out of character
with a majority of the lots within the immediate block.
10. In considering this appeal, the Board also finds and
determines: (a) the restriction as applied to his land does
impose sufficient practical difficulties if the variance is
denied; (b) the relief requested is not substantial in
relation to the area requirements as excepted by the Town Board
under Section 100-13 of the Zoning Code, although otherwise
substantial in relation to the minimum lot-area requirement
under Section 100-31, Bulk Schedule, of the Zoning Code; (c)
that the circumstances are unique to the property and are not
shared by other properties in the neighborhood; (d) there will
not be an adverse effect of increased dwelling density thus
produced on available governmental facilities; (e) there will
not be a substantial change in the character of the area for the
reasons noted previously; (f) that the difficulty cannot be
obviated by some method feasible for appellant to pursue other
than a variance, with the exception of relocating the existing
dwelling building; (g) that there will not be a detriment to
adjoining properties; (h) that in considering all the above
factors, the interests of justice will be served by the grant of
the relief requested, as conditionally noted below; (i) that
the record is not sufficient to substantiate as required in the
standards set by the Courts a denial of this application
{Matters of Cowan v. Kern 41 N.Y. 2d 591; Fulling v. Palumbo, 21
N.Y. 2d 30; etc.).
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the relief as requested in the Matter of
JEAN HOLLAND-LONGNECKER under Appeal No. 3751, SUBJECT TO THE
FOLLOWING CONDITIONS:
Southold Town Board of Appeals-14- November 16, 1988 Special
Meeting
(Decision, Appl. No. 3751 HOLLAND/LONGNECKER, continued:)
1. There be no further encroachment by building
construction within 20 feet of the new division line on Lot B
(to the south);
2. There be no further encroachment by building
construction between existing dwelling and the southerly
property line on Lot A (at any point);
3. Declaration of Covenants and Restrictions be prepared
by applicant's attorney in legal form, to be executed,
notarized, and recorded in the Office of the Suffolk County
Clerk, with copies to be furnished for the Board of Appeals
record, restricting the above-referred Lots #36 and #37 from any
construction of buildings or structures (with the exception of
bulkhead, ramps, rip-rap or similar structures).
4. The lot area for Parcel A include the area from the
lowland section (Lot #37), as applied, for a total area of
61,525 sq. ft. {55,660 + 5865 sq. ft.};
5. The lot area for Parcel B include the area from the
lowland section (Lot #36), as applied, for a total area of
55,242 sq. ft. {40,000 + 15,242 sq. ft.}.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and
Sawicki. (Member Dinizio abstained due to the fact that his
effective date of appointment as a Board Member was subsequent
to the hearing and filing of the application.) (Member Grigonis
was absent (out-of-state). This resolution was duly
adopted.
lk
GERARD P.
CHAIRMAN
GOEHRINGER
Southold Town Board of Appeals -15- November ~6~ 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Application of GRETCHEN K. HEIGL for a Variance to the
Zoning Ordinance, Article III, Section 100-31 for permission to
connect deck to porch, leaving an insufficient setback fro the
south(westerly) property line. Location of Property: Private
Right-of-Way located off the North Side of Soundview Avenue,
Southold, NY; County Tax Map District 1000, Section 68, Block
1, northerly part of Lot 14 (now 14.1).
WHEREAS, a public hearing was held and concluded on Octo-
ber' 26, 1988 in the Matter of the Application of GRETCHEN K.
HEIGL, under Appeal No. 3773; 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, 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 made the following findings of fact:
1. The premises in question is located at the northerly
end of a private right-of-way, extending off the north side of
Sound View Avenue, in the Hamlet of Southold, Town of Southold,
and is identified on the Suffolk County Tax Maps as District
1000, Section 68, Block 1, Lot 14.1.
2. The subject premises is improved with an one-story
frame dwelling as shown on the survey map prepared by Roderick
VanTuyl as surveyed July 3, 1986, and amended October 6, 1988.
Southold Town Board of Appeals -16- November 16~ 1988 Special
Meeting
(Appeal No. 3773 - HEIGL, decision, continued:)
3. Article III, Section 100-31, Bulk Schedule, Column
"A-80" of the Zoning Code requires minimum sideyard setbacks at
20 and 25 feet for a principal dwelling structure.
4. The relief requested by this application is
specifically a variance from the required 20 feet to 12.2 feet
for the attachment of an existing stoop area containing
approximately 30 sq. ft., exclusive of the steps, to an existing
sideyard deck, presently setback 17.0 feet from the
south(westerly) property line at its closest points, all as more
particularly shown on the survey amended October 6, 1988.
5. The dwelling together with the subject stoop area and
sideyard deck was constructed pursuant to Building Permit No.
15665 dated February 5, 1987.
6. It is noted that the lot in question was the subject of
a prior Board of Appeals action rendered May 28, 1986 under
Appl. No. 3418, which conditioned compliance of the "A-80" Bulk
Schedule" as to minimum setbacks, and specific right-of-way
improvements.
7. In considering this application, the Board also finds
and determines:
(a) the relief requested is minimal;
(b) the relief will not alter the essential character
of the neighborhood;
(c) the difficulties are uniquely related to the
property;
(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
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
Southold Town Board of Appeals -17-November 16, 1988 Special
Meeting
(Appeal No. 3773 - HEIGL, decision, continued:)
RESOLVED, to GRANT the relief requested under Appeal No.
3773 in the Matter of GRETCHEN K. HEIGL for attachment of the
stoop area to the existing open-deck area with an insufficient
setback from the south(westerly) property line at 12.2 feet from
the south(westerly) property line (and 10.3 feet to the actual
step area), as shown on the Survey Map amended October 6, 1988,
prepared by Roderick VanTuyl, P.C., SUBJECT TO THE FOLLOWING
CONDITION:
There be no further encroachment (expansion) other than as
applied or existing that will violate the minimum setback
provision for this (south) westerly yard area.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis {out of
state}). This resolution was duly adopted.
Southold Town Board of Appeals -18- November 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Application of JAMES YOUNG for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to
construct addition to dwelling with insufficient
frontyardsetbacks from the westerly and southerly property
lines. Location of Property: NE/s Minnehaha Boulevard at
"Laughing Waters," Southold, NY; County Tax Map District 1000,
Section 87, Block 3, Lot 8.
WHEREAS, a public hearing was held and concluded on Octo-
ber 26, 1988 in the Matter of the Application of JAMES YOUNG
under Appeal No. 3784; 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, 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 made the following findings of fact:
1. The premises in question is located along the easterly
side of Minnehaha Boulevard and the northerly side of Owaissa
Avenue, in the Hamlet of Southold, Town of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 87, Block 3, Lot 8.
2. The subject premises is improved with an one-story
frame dwelling and accessory storage shed, all as shown on the
survey map prepared by VanTuyl & Son as surveyed August 26, 1971.
Southold Town Board of Appeals -19- November 16:1988 Special
Meeting
3. Article III, Section 100-31, Bulk Schedule, Column "A"
of the Zoning Code requires a minimum frontyard setback at 35
feet for a principal dwelling structure.
4. The relief requested by this application is
specifically a variance from the required 35 feet to 27+- feet
for the construction of a 16-ft. by 24 ft. addition at the
southerly end of the dwelling structure.
5. The dwelling as exists is shown to be set back 33 feet
from the westerly front property line along Minnehaha Boulevard
and 18-1/2 feet from the front southerly property line (along
Owaissa Avenue, a paper street), at its closest points.
6. It is noted that the lot in question is nonconforming
as to lot area, width and lot depth, limiting the permitted
building area.
7. In considering this application, the Board also finds
and determines:
(a) the relief requested is not substantial in
relation to the established nonconforming frontyard setback from
the southerly property line;
(b) the relief if granted as requested will not alter
the essential character of the neighborhood;
(c) the difficulties are uniquely related to the
property 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, as
requested and conditionally noted below.
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested under Appeal No.
3784in the Matter of JAMES YOUNG for a 16 ft. x 24 ft. proposed
addition with an insufficient frontyard setback from the
westerly property line at 27+- feet and from the southerly
property line at 8+- feet feet, as shown on the sketched survey
Southold Town Board of Appeals -20- November 16~ 1988 Special
Meeting
submitted for consideration, provided there be no further
expansion of the dwelling other than as exists or applied for
that will violate the minimum 35-ft. frontyard setback provision
of the Zoning Code.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Member Grigonis was absent (out of
state). This resolution was duly adopted.
Southold Town Board of Appeals -21- November 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3772:
Application of JOHN G. PHILIPPIDES for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission
to construct addition at rear of existing dwelling with an
insufficient setback from existing bulkhead. Location of
Property: South Side of Old Cove Road, Southold, NY; County
Tax Map District 1000, Section 52, Block 2, Lot 10.1.
WHEREAS, a public hearing was held on October 26, 1988,
the Matter of the Application of JOHN G. PHILIPPIDES under
Appeal No. 3772; and
in
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 a private road (known as Old Cove Road) which extends
off the west side of Beverly Road, in the Hamlet of Southold,
Town of Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 52, Block 2, Lot 10.1.
2. The subject premises contains a total area of
approximately 12,600 sq. ft., lot width of 122.64 feet, lot
depth of 102+- feet, and is improved with a single-family,
one-story frame dwelling, all as more particularly shown on the
Survey dated May 6, 1968, guaranteed July 29, 1970.
Southold Town Board of Appeals -22-November 16, 1988 Special
Meeting
3. By this application, appellant requests a Variance from
the Provisions of Article XI, Section 100-119.2B to construct
open deck addition at the rear of existing dwelling with a
setback at'18 feet from the outer edge of the existing 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 rearyard setback at
approximately 25 feet from the ordinary highwater mark, which is
seaward of the existing bulkhead; (b) the setback at 19'6" from
the outer edge of existing bulkhead. These preexisting
nonconformities lend to the practical difficulties and are
uniquely related to the premises.
6. It is noted for the record that the property was the
subject of a prior variance under appeal application No. 822,
decision as rendered January 13, 1966.
7. It is the position of this Board that in considering
this application:
(a) the relief requested is not substantial in
relation to the existing nonconforming setback, being a variance
of 1-1/2 feet {19'6" to 18'};
(b) the relief if granted will not alter the
essential character of the neighborhood;
(c) the difficulties are uniquely related to the
property 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, the interests
ofjustice will best be served by granting the relief requested,
as conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Doyen, it was
Southold Town Board of Appeals-23- November 16, 1988 Special
Meeting
RESOLVED, to GRANT the relief requested under Appeal
No. 3772 in the Matter of the Application of JOHN G. PHILIPPIDES
for the construction of a 12' by 38' open deck, attached at the
rear of existing dwelling structure, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That deck not encroach any further than 18 feet from
the outer edge of the existing concrete bulkhead;
2. That the deck remain open, unroofed, and not be
converted for additional living area {except by formal
application};
3. That all lighting, if any, be shielded to the property
with mushroom-type cover(s).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis
{out-of-state}. This resolution was duly adopted.
Southold Town Board of Appeals -24- November 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3777:
Application of CARL J. and RUTH Vo NELSON for Variances to
the Zoning Ordinance, Article III, Sections 100-31 and 100-32,
and Article XI, Section 100-119.1 for permission to construct
tennis court with 6-ft. high fencing in the frontyard area and
total lot coverage in excess of the maximum-permitted 20
percent. Location of Property: 1060 Moore's Lane, Greenport,
NY; Eastern Shores Subdivision, Section 3, Lot 99; County Tax
Map District 1000, Section 33, Block 2, Lot 43.
WHEREAS, a public hearing was held and concluded on
October 26, 1988 in the Matter of the Application of CARL J. and
RUTH V. NELSON under Appeal Application No. 3777; 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 area(s); and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants in this proposed tennis
court project request Variances from the following provisions of
the Zoning Ordinance: (a) Article III, Section 100-31, Bulk
Schedule, as to lot coverage in excess of the maximum-permitted
requirement of 20 percent for all structures and buildings;
(b) Article III, Section 100-32 for permission to locate same in
an area other than the required rear yard; (c) Article XI,
Section 100-119.1 as to the fence height in excess of the
maximum-permitted requirement of four feet, all as more
particularly shown on the survey dated August 13, 1988, prepared
by Roderick VanTuyl, P.C.
Southold Town Board of Appeals -25-November 16, 1988 Special
Meeting
2. The premises in question is located in the "A"
Residential and Agricultural Zone District, contains a total
area of 19,500 sq. ft., has frontage along the east side of
Moore's Lane North of 150.0 feet and the south side of Inlet
Pond Road of 130.0 feet. The regulations applying to this Zone
District are regulated by Column "A" of the Bulk Schedule of the
Zoning Code.
3. The subject premises is improved with an one-story
single-family dwelling and accessory swimingpool as depicted on
the survey map of June 30, 1979 (amended August 13, 1988). The
dwelling structure is set back 50 feet from each of the two
front property lines along the roads, 20 feet from the easterly
(side) property line, 41-1/2 feet from the southerly rear
property line, and the accessory swimmingpool is located in the
southerly (rear) yard area.
4. By this application, appellants proposes to construct a
50' by 110' tennis court with six-ft, high fencing along the
northerly property line (along Inlet Pond Road) with zero
setback from the easterly and northerly property lines, and 20
feet from the westerly front property line (along Moore's Lane
North).
5. Article III, Section 100-31, Bulk Schedule of the
Zoning Code provides for a maximum of 20% lot coverage for all
structures on a lot. The lot coverage furnished for the record
by applicants is 9,335 sq. ft. total, or 48 percent in relation
to the total lot area.
6. Article III, Section 100-32 of the Zoning Code provides
that all accessory structures and uses be located in the
rearyard area and shall occupy not more than 40% of the area
thereof. The tennis court with fence is not proposed in the
rearyard area, and for the record it is noted that the rear yard
area is occupied (lot coverage) by 57 percent.
7. Article XI, Section 100-119.1 of the Zoning Code
provides that the same shall not exceed four feet in height when
located along the front yard property line. The fence height
proposed herein is at six feet, requiring a variance of 33%, or
two feet from the requirements.
8. In considering this application, the Board also finds
and determines:
(a) the variances requested are substantial in
relation to the zoning requirements, supra;
Southold Town Board of Appeals-26- November 16, 1988 Special
Meeting
(b) the practical difficulties claimed are not
sufficient to warrant approval;
(c) significant economic injury has not been
demonstrated by dollars and cents proof as required by the
Courts;
(d) the variance, if granted, will not be within the
spirit and intent of the zoning ordinance;
(e) the character of the immediate area will be
adversely affected if the variance were granted, particularly
due to the nature of the use and construction close to this
street intersection;
(f) in view of all the above factors and the manner
in which the difficulties arose, the interests of justice will
be served by denying the relief requested.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Dinizio, it was
RESOLVED, to DENY the Variances requested in the Matter of
the Application of CARL J. AND RUTH V. NELSON under Appeal
No. 3777.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Charles Grigonis, Jr.
(out-of-state}. This resolution was duly adopted.
Southold Town Board of Appeals -27- November 16, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Application of ROBERT AND DIANNA BAKER for a Special
Exception to the Zoning Ordinance, Article III, Section
100-30B(16) for permission to establish Bed and Breakfast
establishment in an existing dwelling, at premises known as 2900
Boisseau Avenue, Southold, NY; County Tax Map Parcel No.
1000-55-6-9.
WHEREAS, public hearings were held on October 6, 1988, and
October 26, 1988, in the Matter of ROBERT AND DIANNA BAKER under
Application No. 3762; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WJEREAS, 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, accessory to
their residence and occupancy, for the rental of three bedrooms
for lodging and serving of breakfast to not more than five
casual and transient roomers, which will be incidental and
subordinate to the principal single-family dwelling use of the
existing dwelling as provided for by Article III, Section
100-30B(16) of the Zoning Code.
2. The premises in question is located along the east side
of Boisseau Avenue in the Hamlet of Southold, Town of Southold,
and is identified on the Suffolk County Tax Maps as District
1000, Section 55, Block 6, Lot 9.
Southold Town Board of Appeals-28- November 16,
(Decision, Appl. No. 3762 - BAKER, continued:)
1988 Special
Meeting
3. The subject premises is improved with a principal
dwelling structure and accessory frame garage/storage building,
located in the rearyard area, as more particularly shown on the
sketch prepared by Robert G. Baker and copy of survey dated
February 28, 1986 prepared for Steve Moraitis, the previous
owner.
4. This property is presently located in the "A"
Residential and Agricultural Zoning District, has an area of
approximately 27,000 sq. ft., and the only principal use
permitted at this time is for single-family dwelling use.
5. Certificates of Occupancy submitted for the record
are: No. Z3473 dated May 9, 1969, for a private one-family
dwelling and No. Z14310 dated March 24, 1986 for a deck addition.
6. The parking area is shown proposed along the northerly
area of the dwelling close to the existing frame garage in the
rearyard area (see sketch, page 1, prepared by Robert G. Baker).
In considering this application, the Board also finds and
determines: (1) the proposed accessory use will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; (2) the use will not
adversely affect the safety, welfare, comfort, convenience, or
order of the Town; (3) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections (a) through (1) of Article XII,
Section 100-121(C){2} of the Zoning Code.
Accordingly, on motion by Mr. Doyen, seconded by Mr.
Sawicki, it was
RESOLVED, to GRANT a Special Exception for a Bed and
Breakfast in accordance with the requirements of Article III,
Section 100-30B(16) of the Zoning Code as applied in the Matter
of the Application of ROBERT G. AND DIANNA BAKER under
Application No. 3762, SUBJECT TO THE FOLLOWING CONDITIONS:
circle,
area);
Minimum of three parking spaces at the rear of driveway
towards the rear of dwelling (near the garage entrance
2. No selling of retail goods;
3. Owner-occupancy (owner must occupy same as his/her
residence).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis {out of
state}). This resolution was duly adopted.
Southold Town Board of Appeals -29- November ~6~ 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appl. No. 3783:
Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Special
Exception to the ZoNing Ordinance, Article VIII, Section 100-80
for expansion of th~ present property by the addition of a new
building to be utilized for the existing automobile service
station and public garage, in addition to the continued sales of
gasoline and proposed retail (grocery) store uses, all as shown
on the August 4, 1988 Site Plan.
Location of Property: South Side of Front Street (Route
25), Greenport, NY; County Tax Map District 1000, Section 45,
Block 6, Lot 5.
At a Meeting of the Zoning Board of Appeals held on
November 16, 1988, the following action was taken:
WHEREAS, a public hearing was held on October 26, 1988
under File No. 3783, filed September 26, 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 VIII, Section
100-80(B){17} for permission to relocate existing automobile
service station and public garage within a new 1500 sq. ft.
Southold Town Board of Appeals -30- November 16, 1988 Special
Meeting
building, located as shown on the August 4, 1988 Site Plan Map
prepared by Garrett A. Strang, R.A. with setbacks at 48 feet
from the rear (southerly) property line and 25 feet from the
westerly side property line. The existing building is proposed
to be changed to a grocery market with office and storage, in
conjunction with retail gasoline sales.
2. The property in question is:
(a) located in the "C-Light Industrial" Zone District;
(b)
square feet};
contains a total lot area of 1.38+- acres {58,279
(c) improved with a 51' by 80 ' one-story
cement-block building and two gasoline pump islands, all as more
particularly depicted on the August 4, 1988 Site Plan Map;
(d) identified on the Suffolk County Tax Maps as
District 1000, Section 45, Block 6, Lot 5;
(e) in the ownership of M & N Auto, Inc.,
Claudio and Carol Giovannelli in Deed dated October
Liber 9673 cp 46.
conveyed by
29, 1984 at
3. For the record it is noted that by letters dated
October 17, 1988 and September 19, 1988, the Planning Board has
coordinated its co~ents under the pending site-plan review.
4. Also noted for the record are the previous actions
under No. 257 rendered March 14, 1960, No. 357 rendered May 17,
1961, and No. 624 rendered January 23, 1964 by the Board of
Appeals concerning this property and the existing uses.
5. In considering this application, the Board has: (a)
considered items {a} 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.
Southold Town Board of Appeals -31- November 16, 1988 Special
Meeting
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Special Exception as applied and
referenced above, in the Matter of the Application of JOSEPH A.
STOCKEN/M & N AUTO, INC. under File No. 3783, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. No major repair work to be done out in the open (must
be within an enclosed building);
2. Rear of proposed garage building must be enclosed with
fencing at a height of six feet;
3. No automobiles, automobile parts, dismantled or damaged
vehicles, and similar articles, shall be stored out in the open
or outside of the above fence enclosure;
4. The parking areas shall be as designated by the
Planning Board and shall be laid out as to avoid the necessity
of any vehicle backing out onto the street, shall be located not
less than 10 feet from any property line, and shall be used only
by light trucks and automobiles;
5. In the event it is found that the subject premises are
being used in a manner other than that permitted by this
approval, or by the zoning ordinance, or are in violation of
these conditions or the zoning ordinance, the Board of Appeals
may automatically terminate the relief granted hereunder;
6. Plantings, screening, curb cuts, shall be as designated
by the Planning Board under its site-plan regulations (Article
XIII).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Grigonis
{out-of-state}). This resolution was duly adopted.
Southold Town Board of Appeals -32- November ~6, 1988 Special
Meeting
ACTION OF THE BOARD OF APPEALS
Appl. No. 3782:
Matter of JOSEPH A. STOCKEN/M & N AUTO, INC. for a Variance
to the Zoning Ordinance, Article VIII, Section 100-80 for
permission to convert existing building to retail (grocery)
store, which is not listed as a permitted use in this "C-Light
Industrial" Zone District, in addition to the existing sales use
(of gasoline and diesel) and proposed new building for
automobile servicing.
Location of Property: South Side of Front Street (Route
25), Greenport, NY; County Tax Map District 1000, Section 45,
Block 6, Lot 5.
At a Meeting of the Zoning Board of Appeals held on
November 16, 1988, the following action was taken:
WHEREAS, a public hearing was held on October 26, 1988
under File No. 3782, filed September 26, 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 Variance
under Article VIII, Section 100-80 for permission to convert
existing automobile service station/public garage building to
retail (grocery) store, which is not listed as a permitted use
in this industrial zone district.
Southold Town Board of Appeals -33- Noven~ber :16, 1988 Special
Meeting
(DECISION STOCKEN,-Appl. No. 3782, continued:)
The use of this existing building is proposed to be changed to a
grocery market with office and storage, in conjunction with
retail gasoline sales, as more particularly shown on the
August 4, 1988 Site Plan Map prepared by Garrett A. Strang, R.A.
2. The property in question is:
(a) located in the "C-Light Industrial" Zone District;
(b) contains a total lot area of 1.38+- acres {58,279
square feet};
(c) improved with a 51' by 80 ' one-story
cement-block building and two gasoline pump islands, all as more
particularly depicted on the August 4, 1988 Site Plan Map;
(d) identified on the Suffolk County Tax Maps as
District 1000, Section 45, Block 6, Lot 5;
(e) in the ownership of M & N Auto, Inc., conveyed by
Claudio and Carol Giovannelli in Deed dated October 29, 1984 at
Liber 9673 cp 46.
3. For the record it is noted that by letters dated
October 17, 1988 and September 19, 1988, the Planning Board has
coordinated its comments under the pending site-plan review.
4. Also noted for the record are the previous actions
under No. 257 rendered March 14, 1960, No. 357 rendered May 17,
1961, No. 624 rendered January 23, 1964, and No. 3783 rendered
simultaneously herewith, by the Board of Appeals concerning this
property and its uses.
5. The current zoning code permits such retail stores in
the "B-Light Business" and "B-1 General Business Zone Districts,
subject to site-plan approval by the Planning Board. With the
exception of agricultural operations and construction owned or
operated by the Town of Southold, all uses in this Zone District
are (also) by Special Exception (see subsection 17, and
simultaneous action of this Board under Appl. No. 3783 for
Special Exception uses.
6. In considering this application, the Board has: (a)
considered items {a} 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)
Southold Town Board of Appeals -34- November 16~ 1988 Special
Meeting
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.
7. It is also the understanding of this Board that this
project will be in compliance with Section 100-62 of the Zoning
Code as to minimum lot area for uses commonly referred to as
"shopping centers," for multiple uses
Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief as applied and referenced
above, in the Matter of the Application of JOSEPH A. STOCKEN/M &
N AUTO, INC. under File No. 3782, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Compliance with conditions rendered under simultaneous
application No. 3783 in the Matter of Joseph A. Stocken and M &
N Auto, Inc.
2. In the event it is found that the subject premises are
being used in a manner other than that permitted by this
approval, or by the zoning ordinance, or are in violation of
these conditions or the zoning ordinance, the Board of Appeals
may automatically terminate the relief granted hereunder;
3. Parking areas, plantings, screening, curb cuts, shall
be as designated by the Planning Board under its site-plan
regulations (Article XIII).
Vote of the Board: Ayes: Messrs. Goehringer,
Sawicki and Dinizio. (Absent was: Member Grigonis
{out-of-state}). This resolution was duly adopted.
Doyen,
Southold Town Board of Appeals -35- November 16, 1988 Special
Meeting
Agenda Item #IIIB. Letter from Henry Ra!rnor, Jr. as agent
in the Matter of Carrig and McDonald concerning intent of
conditions under Appl. No. 3246 concerning future development and
the consideration of the right-of-way 280-a status.
The Board Members opted to hold this matter over until at least a
quorum of the Board was present to vote. (Chairman Goehringer
abstained.)
APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded
by Mr. Doyen, it was
RESOLVED, to APPROVE the Minutes of the October 6, 1988
Regular Meeting.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Member Grigonis was absent.) This
resolution was duly adopted.
INCOMPLETE APPLICATION: PETER AND JANICE STEIL at Fishers
Island. 1000-5-2-7.4. The following additional information is
necessary before the application is deemed complete:
1. Four sketches of a construction diagram showing the
elevations of the proposed construction (all changes within the
fence enclosure);
2. Written confirmation of the exact setbacks proposed for
the fence and actual pool construction from the west and south
property lines;
3. Re-Notice to Adjoining property owners to be sent
together with copies of a map showing location of proposed pool
and fence enclosure. (To also describe paragraph #4 and insert
Article and Section numbers from the Notice of Disapproval before
re-sending, by certified mail.) {The previous neighbor notices
were sent in September, and 100-125 of the Code requires notice
to be within five days of filing the application with our office.}
4. Original postmarked certified-mail receipts with
original Affidavit of Mailing, signed and notarized.
5. Staking of the fence and pool location.
Southold Town Board of Appeals -36- November 16, 1988 Special
Meeting
NEW APPLICATIONS FOR COORDINATION TO PLANNING BOARD:
Motion was made by Chairman Goehringer, seconded by
Member Sawicki, to hold the following temporarily in abeyance
pending notification to the Planning Board of intended public
hearing date and comments which may be forwarded before the
advertising date, on the following matters. The motion was duly
carried.
Appl. No. 3787 - MARION ROBINS. Little Neck Road,
Cutchogue. Area variances for lots proposed in
minor subdivision.
Appl. No. 3797 - F.I. UTILITY CO., Fishers Island.
Area variances for lots in proposed division of
vacant land.
Appl. No. 3798 - ELIZABETH McCANCE, Fishers Island.
Area variances for lots in proposed division of
land with existing dwellings/nonconformities.
Appl. No. 3796SE - ALFRED FALKOWSKI, Cox Lane, Cutchogue.
Proposed office and storage. C-Light Zone.
Appl.
No. 3801 - WILLIAM J. BAXTER, N/s Main Road
and W/s Elijah's Lane, Cutchogue. Proposed
conversion of use to allow manufacture of classic
cars and related activities.
Appl. No. 3802 - HOWARD LUCE as Contract Vendee. Special
Exception in this B-1 Zone for car dealership. W/s
Horton Lane (north of CR 48), Southold. (Planning
Board site plan review has been pending.)
HEARINGS CALENDARED FOR DECEMBER 8, 1988: On motion by
Mr. Goehringer, seconded by Mr. Dinizio, it was
RESOLVED, that Linda Kowalski, be and hereby is authorized
and directed to advertise the following matters for public
hearings to be held on THURSDAY, DECEMBER 8, 1988, in the Suffolk
Times and L.I. Traveler-Watchman:
Southold Town Board of Appeals -37- November 16, 1988 Special
Meeting
(Hearings for 12/8/88, continued:)
7:30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA
1000-88-4-31;
7:35 p.m. Appl. No. 3792 - NICK THEOPHILO$
1000-21-5-5;
7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON
1000-143-4-29;
7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE
1000-78-6-4.1.
7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS
1000-59-5-2.2;
7:50 p.m. Appl. No. 3804 - ELLEN BLACK BUYTON
1000-107-01-11;
7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES
1000-51-01-22.1;
8:00 p.m. Appl. No. 3734 - KATHRYN FLEET
1000-103-11-19.1;
8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA
1000-56-6-11.1;
8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER
1000-135-3-39;
8:15 p.m. Appl. No. 3800 - VICTOR & LINDA CATALANO
1000-128-6-13.2;
8:15 p.m. Appl0 No. 3799 - VICTOR & LINDA CATALANO
1000-128-6-13.1;
8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI
1000-83-3-4.6;
8:30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC.
1000-70-13-20.20.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Member Grigonis was absent.)
resolution was duly adopted.
This
REQUEST BY BUILDING INSPECTOR: Letter dated today
concerning lots with frontages along three streets. The Chairman
indicated that allowances or waivers under the zoning code for
lots with frontage along three streets Irather than the two
referred to under Section 100-119 for "corner lots") would be
more discretionary an~ therefore the position was taken that in
view of the fact that such situations are not common or frequent,
that proper appeal procedures must be taken through the Board of
Appeals to vary the same.
Southold Town Board of Appeals -38- November 16, 1988 Special
Meeting
OTHER NOTICES:
1. Suffolk County Planning Commission Seminar 11/19/88.
2. SEQRA Hearing - Christopher and William Connors by
the Town Trustees as Lead Agency 11/17 at 7:30 p.m.
2. Thirty-day comment period ends 11/19 on the DEIS and
supplements RE: Norris Estates, 28-acre site at Camp Mineola
Road, Mattituck.
4. Code Con~uittee Meeting November 30, 1988 at 7:30 p.m. to
discuss site-plan revisions of the zoning code.
There being no other business properly coming before the
Board at this time, the Chairman declared the meeting adjourned.
The meeting was adjourned at 9:25 p.m.
pproved - ~!///R~
Respectfully submitted,
~inda Kowals~i, Secretary
Southold Town Board of Appeals
RECEIVED AND LED BY
Tr¢ SOU aO D TOW CnEm
Town Clerk, Town of Southold