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HomeMy WebLinkAboutZBA-10/26/1988APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN ROAD- STATE RnAD 2.5 SFIUTH[3LD, L.I., N.Y. TELEPHONE (516) 765 1809 MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 26, 1988 A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, OCTOBER 26, 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; Charles Grigonis, Jr. and James Dinizio, constituting a quorum of the Board. Board Members absent were: Joseph H. Sawicki and Serge J. Doyen, due to serious family illness. Also present were: Board Secretary Linda F. Kowalski, and approximately 30 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. 3773 7:44 p.m. Appl. No. 3784 7:47 p.m. Appl. No. 3772 7:51 p.m. Appl. No. 3785 8:15 p.m. Appl. No. 3777 8:23 p.m. Appl. No. 3786 8:32 p.m. Appl. No. 3762 8:56 p.m. Joint Hearings 9:11 - Gretchen K. Heigl. - James Young. - John G. Philippides. - Raymond Nine and Charles Zahra. - Carl J. and Ruth V. Helson - Marion Saccone. - Robert G. and Dianna Baker. for Appl. Nos. 3783 and 3782 - Joseph A. Stocken/M & N Auto, Inc. p.m. Appl. No. 3708 - David Walker/Turtle Associates; (Hearing concluded for public submissions although the hearing was left in open recess only to allow further questionning, if determined necessary on 11/16/88, by the Board Members who were not able to attend tonight (and required to deliberate and vote after informa- tion in the record is determined complete.) Southold Town Board~of Appeals -2- October 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of THEODORE KUDLINSKI, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Bayview" S~bdivision Lot No. 8, Southold, NY; County Tax Map Parcel ID No. 1000-78-9-50. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of THEODORE KUDLINSKI, JR. under Application No. 3758; 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 east side of Highwood Road (House #605), approximately 550 feet south of · ~North Bayview Road in the Hamlet of Southold, Town of Southold, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 9, Lot 50. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of 20,399 sq.ft, and is improved with a single-family dwelling structure as shown on the March 20, 1984 survey prepared by Roderick VanTuyl, P.C. Southold Town Board of Appeals -3- October 26, 1988 Regular Meeting (Appl. No. 3758 KUDLINSKI decision, continued:) 3. Article III, Section 100-31, Bulk Schedule, Column "A" of the Zoning Code requires a minimum rearyard 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 28 feet for the construction of a 12-ft. by 36 ft. attached open deck. 5. The dwelling as exists is shown to be set back 40 feet from the rear property line and 35.7 feet from the front property line, at its closest point. 6. It is noted that the lot in question is nonconforming as to lot area and lot depth, limiting the most practical building area. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial under the circumstances; (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. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3758 for a 12' by 36' wide open deck with an insufficient rearyard setback at 28 feet, as applied in the Matter of the Application of THEODORE KUDLINSKI, JR. under Appeal No. 3758, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed, as applied; 2. That any and all lighting be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent, due to serious family illness.) This resolution was duly adopted. lk * * * Southold Town Board of Appeals -4- Oct. 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 3769; 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 known and referred to as 780 Ha~waters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Ha~waters Road of 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. Southold Town Board of Appeals - 5-Oct. 26, 1988 Regular Meeting (Appeal No. 3768 - CURRAN decision, continued:) 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead); (b) seven feet, more or less, from the nearest northerly {rear} property line; (c) 19 feet, more or less, from the easterly side property line at its closest point; (d) 51+- feet from the front property line along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the "...average setback of the existing dwellings within 300 feet of the proposed...on the same side of the street, same block and same use district .... " 5. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 6. The total lot coverage of the existing dwelling is shown to be 19,080 sq. ft. (inclusive of land underwater), or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft., and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 19%, and the total percentage if this variance is granted is shown to be within a half percent of 25% (25 - 25-1/2%). 7. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter the Application for FRANK AND SANDRA CURRAN under Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: of Southold Town Board of Appeals -6- Oct. 26, 1988 Regular Meeting 1. The total lot coverage shall not exceed the amount requested (at 25+-%); 2. Screening with three-ft, high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied): 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This Southold Town Boaid of Appeals'7- Oct. 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of PETER AND DESPINAMARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of PETER AND DESPINAMARKOPOULOS under Application No. 3779; 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 referred to as Lot #16, Map of Captain Kidd Estates, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 99, Block l, Lot 24. 2. The entire premises has frontage along the north side of Sound Beach Drive 50 feet in length and depth of 150 feet. The subject premises is presently improved with a new dwelling structure under construction as permitted by Building Permit #14198Z dated August 13, 1985. Southold Town Board of Appeals -8- Oct. 26, 1988 Regular Meeting (Appeal No. 3779 - MARKOPOULOS decision, continued:) 3. The subject parcel is presently improved with a new single-family dwelling as depicted on the September 1, 1988 survey prepared by Young & Young, L.So, showing setbacks: (a) at 5.4 feet from the closest point between the westerly side property line and the outer edge of the six-foot wide deck; (b) at 10.3 feet at the northeasterly corner of the dwelling at the easterly sideyard; (c) at 21.7 (10.3 & 11.4) for both sideyards. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. By Appeal No. 3297, a conditional variance was rendered December 13, 1984, permitting the construction of a principal dwelling structure with sideyards at not less than 10 feet and 12 feet, and total sideyards at not less than 22 feet. By Appeal No. 3623, a conditional amendment was rendered on May 11, 1987, permitting the reduction of the sideyards at not less than 10.3 feet at the easterly side and not less than 11.7 feet at the westerly side, provided there be no further protrusion into either or both sideyards by any construction (inclusive of steps, etc). 5. The relief requested by this application is specifically the walkway and step areas as shown on the September 1, 1988 Survey submitted and considered under this application. 6. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The walkway and step areas are the minimal necessary and the Board agrees the request is not unreasonable. 7. It is also the opinion of this Board that there be no further protrusion into either sideyard area to less than that shown on this September 1, 1988 Survey, including steps, stoops, decks, outside shower stalls, or any other obstructions. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of PETER AND DESPINAMARKOPOULOS for approval of the steps and walkway areas in the westerly sideyard area as applied under Appeal No. 3779 and shown by the September 1, 1988 Survey prepared by Young & Young, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals-9-Oct. 26, 1988 Regular Meeting (Appeal No. 3779 - MARKOPOULOS decision, continued:) 1. There be no further encroachment into either $ideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. Southold Town Board of Appeals October 26, 1988 Regular -10- Meeting ACTION OF THE BOARD OF APPEALS Application of CUTCHOGUE FARMS LTD (a/k/a GRISTINA VINEYARDS) for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3769SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application pursuant to the requirements of Article III, Section 100-30B for a Special Exception, Subsection 14 for permission to establish Winery use for the production and retail sales of wine produced from grapes primarily grown on the vineyard on which such winery is located. 2. The premises in question is a 53-acre (+-) parcel located in the "A" Residential and Agricultural Zone District with frontage along the north side of the Main Road (State Route 25), Hamlet of Cutchogue. 3. The subject premises is improved with a two-story framed barn structure and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 109, Block 1, Lot 13. Southold Town Board of Appeals-ll~ctober 26, 1988 Regular Meeting (Appl. No. 3769SE - CUTCHOGUE FARMS LTD., decision, continued:) 3. Submitted for consideration are the Site Plan (Map amended August 26, 1988), foundation, elevation and floor plans, prepared by Donald A. Denis, A.I.A., P.C. depicting the proposed two-story building (and the existing building). The new construction, inclusive of the concrete crushing pad and setting tank(s), is proposed to be set back 270+- feet distant from the (front) property line along the Main Road, 295+- feet from the nearest neighboring property line to the south (now or formerly Rose Petrash), and 42+- feet from the easterly (side) property line. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the elements of the site-plan under its purview. 5. It is the position of this Board that activities and operations of the winery at the requested setback of approximately 42 feet from the easterly property line is not within the best interests or the advancement of the health, safety and general welfare of the public in general and particularly the ir~ediate neighboring property(les). It is the opinion of this Board that such activities can be located a minimum of 100 feet from the easterly property line and such a requirement is not unreasonable under the circumstances. 6. In considering this application, the Board finds and determines that the conditional grant of this use: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) will not adversely affect the safety, health, welfare, comfort, con- venience or order of the Town; (c) is in harmony with and will promote the general purposes and intent of zoning. 7. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Special Exception for a Winery for the Production and Retail Sales of Wine Produced From Grapes Primarily Grown on this Vineyard in the Matter of the Application of CUTCHOGUE FARMS LTD. under Appl. No. 3769, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the crushing pad either be: (a) relocated to the -12- Southold Town Board of Appeals October 26, 1988 Regular Meeting (Appl. No. 3769SE - CUTCHOGUE FARMS decision, continued:) west side of the building, or (b) relocated to a minimum setback of 100 feet from the easterly property line at its closest point; 2. That the building and structures be located a minimum of 100 feet from the easterly property line; 3. That the parking area be located a minimum of 50 feet from its closest point to the easterly property line and be continuously screened with the evergreen buffer (staggered and spaced close enough to block visibility from neighboring properties and the street, as proposed); 4. Any and all working areas must be located at least 100 feet from the immediate property line to the east; 5. Ail screening shall be as shown on the August 16, 1988 Site Plan with screening highlighted, with a minimum of six-ft. high evergreens, staggered and spaced close enough to block visibility from the neighboring properties and road; 6. No expansion of the Winery Areas will be permitted without further application and consideration by the Board of Appeals; 7. Any and all lighting must be shielded to the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio0 (Member Sawicki and Member Doyen were absent (due to serious family illness). This resolution was duly adopted. $outhold Town Board of Appeals -13- Oct. 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of BRETT AND JANET KEHL for a Variance to the Zoning Ordinance, Article III, Section 100-32, and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of BRETT AND JANET KEHL under Application No. 3778; 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 south side of Main Bayview Road (House #5500), approximately 310 feet east of Corey Creek Lane in the Hamlet of Southold, Town of Southold, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 78, Block 4, Lot 32. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total lot area of .603 of an acre, and is improved with the following structures, as more particularly shown on the Survey as Amended March 30, 1988 for proposed lot line change and prepared by Roderick VanTuyl, P.C.: (a) two-story, single-family frame house set back approximately 39 feet from the front property line along Main Southold Town Board of Appeals -14-October 26, 1988 Regular Meeting (Appl. No. 3778 - KEHL d~cision, continued:) Bayview Road, 26 feet from the easterly (side) property line, and 98± feet from the nearest rear [southerly] property line; (b) the subject 24' by 32' accessory garage structure set back approximately 19 feet from the nearest westerly {side} property line and 65+- feet from the front property line. 3. By this application, Appellants request permission to relocate existing dwelling-and-kitchen use from the main building to the area of the subject new construction (now an accessory building) which is proposed to be the new single-family dwelling structure, following expansion and completion, and removal of the existing building (presently the main dwelling which is in very poor condition). 4. For the record it is also noted: (a) a Certificate of Occupancy of Nonconforming Premises #Z13913 was issued October 9, 1985 for structures (a), (b), supra, etc.; (b) Building Permit #15142Z was issued July 28, 1986 for the accessory garage/storage structure of a size 24' by 32' (26 feet high), with one garage level and storage above, pending at this time; (c) the Southold Town Planning Board on July 11, 1988 approved the lot-line change pursuant to the Survey Map prepared by Roderick VanTuyl, P.C., amended June 27, 1988, which straightened the lot line between this parcel and the westerly parcel by adding approximately 750 sq. ft. of land area. It is understood that this change was granted to allow more of a sideyard setback for the construction in question, a minimum of which 10 feet is required under Column "A" of the Bulk Schedule of the Zoning Code for a principal dwelling structure. Southold Town Board of Appeals -15- Oct. 26, 1988 Regular Meeting (Appl. No. 3778 - KEHL decision, continued:) 5. Article III, Section 100-32 of the Zoning Code per~its accessory structures for storage and garage purposes accessory and incidental to the residential use of the premises, in the rearyard only, and at a maximum height of 18 feet. 6. Under the prior Appeal (No. 3641) rendered June 18, 1987, a variance was granted for the structure, as built, with conditions and in accordance with plans as filed under Building Permit 915142Z at a total height from ground level to the top of the roof 26 feet, and 25'2" from the top of the roof to the top of the foundation. 7. The Appellants have assured this Board that in no event will the premises ever be used by more than one single-family dwelling unit, and only one kitchen will exist at any one time. 8. In considering this appeal, the Board finds and determines: (a) the relief requested is minimal and is not unreasonable, under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3778 in the Matter of BRETT AND JANET KEHL for permission to relocate kitchen from the existing structure into the new rear construction, during the reconstruction of the subject accessory building into a new principal dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with applicable laws); Southold Town Board of Appeals -16- Oct. 26, 1988 Regular Meeting (Appl. No. 3778 - KEHL decision, continued: 2. This variance is granted for a period of 18 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals; 3. The existing kitchen facilities must be removed from the existing structure; in no event will more than one kitchen area be permitted upon the entire site at one time; 4. Upon the application for a Certificate of Occupancy for this construction (or reconstruction), a Certificate of Occupancy may be issued and shall state only "single-family dwelling use" (not to be a second dwelling use); and the Certificate of Nonconforming Premises #Z13913 issued October 9, 1985 shall no longer be in full force or effect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were Members Sawicki and Doyen, due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals-17Oct. 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of HOWARD AND MARGARET BRODIS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B){15}, for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel ID No. 1000-115-7-9. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of HOWARD AND MARGARET BRODIS under Application No. 3776; 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, applicants request a Special Exception to the Zoning Ordinance, Article III, for permission to establish a new "Accessory Apartment" in a proposed 35 ft. by 33 ft. addition to the existing principal single-family dwelling, as more particularly shown on the sketch of survey and original site plan dated June 14, 1988, prepared by Donald A. Denis, A.I.A., P.C. (Job No. 8814, Sheets No. 1-4). 2. The premises in question is located in the "A" Residential and Agricultural Zone District, containing a total area of approximately 40,000 sq. ft., road frontage of 165.10 feet, and average lot depth of 242.28 feet. The setbacks for a principal structure in this Zone District are regulated by Column "A-40" of the Bulk Schedule of the Zoning Code. 3. The subject premises is improved with an one-story single-family dwelling (without the sketched addition) and two accessory buildings as more particularly shown on the 1986 Survey prepared by Anthony W. Lewandowski, L.S. This parcel is Southold Town Board of Appeals'18~ct. 26, 1988 Regular Meeting identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 7, Lot 9. 4. Upon information furnished, 1,155 sq. ft. proposed addition will be the area to be occupied by the Accessory Apartment, and the square footage of the principal single-family dwelling use is given at 1,785+- square feet. 5. Article III, Section 100-30B(15) of the Zoning Code permits the establishment of: ...One Accessory Apartment in an existing one-family dwelling...subject to requirements (a) through (p), inclusive. 6. Subsection (m) of Section 100-30B(15) of the Zoning Code 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." 7. It is the understanding and interpretation of this Board that the area within which the principal dwelling use and Accessory Apartment use are to be located must have been in existence prior to January 1, 1984, in order to meet the requirements of this Article. 8. The principal single-family dwelling structure was constructed under the issuance of Building Permit #5995 dated July 7, 1972, Permit %9929Z dated September 11, 1978, and Permit %11610 dated April 2, 1982. Although the dwelling has been in existence and has a valid Certificate of Occupancy prior to January 1, 1984, the area within which the proposed Accessory Apartment is to be located does not exist. It is therefore the position of this Board that the establishment of an Accessory Apartment and principal single-family dwelling use must both be within the "perimeter" of the entire construction of the principal building as existed on or before January 1, 1984. 9. 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, seconded by Mr. Dinizio, it was RESOLVED, to DENY the Special Exception as requested and as Southold Town Board of Appeals~19~ct. 26, 1988 Regular Meeting applied under Appl. No. 3776 in the Matter of the Application of HOWARD AND MARGARET BRODIS. Vote of the Board: Dinizio. (Absent were: serious family illness.) Ayes: Messrs. Goehringer, Grigonis and Members Sawicki and Doyen, due to This resolution was duly adopted. Southold Town Board of Appeals -20- October 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on October 26, 1988, the following action was taken: Upon Application of STEPHEN J. PERRICONE and NEIL DURAZZO for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B, for permission to locate building within 75 feet of the nearest wetland along "dredged canal" off Deep Hole Creek, premises located along the north side of Lupton Point Road, Mattituck, NY, and identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 22. WHEREAS, on November 5, 1987, a Notice of Disapproval was issued by the Building Inspector for the above project; and WHEREAS, an application for a Variance was filed Novem- ber 6, 1987 under Appeal No. 3692; and WHEREAS, on May 17, 1988, Local Law No. 15 of 1988 of the Town of Southold was adopted and enacted by the Town Board; and WHEREAS, Local Law #15-1988 amended the Provisions under Section 100-119.2, subsection B of the Zoning Code, to exclude those projects which are upon "lands not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold"; and WHEREAS, Local Law #15-1988 was filed with the Secretary of State on May 25, 1988 and is in effect at this time; and WHEREAS, the subject premises is not bulkheaded and has received a conditional permit from the Southold Town Trustees dated December 17, 1987; Southold Town Board of Appeals -21- October 26, 1988 Regular Meeting (Appl. No. 3692 - PEP~RICONE/DURAZZO, determination, continued:) NOW, THEREFORE, on motion by Mr. seconded by Mr. Grigonis, it was Goehringer, RESOLVED, in accordance with the May 17, 1987 amendments of Article XI, Section 100-119.2, Subsection B, this Board is without jurisdiction, as applied. Vote of the Board: Ayes: Messrs. Goehringer, and Dinizio. (Members Sawicki and Doyen were absent. family illness].) This resolution was duly adopted. Grigonis [Serious Southold Town Board of Appeals -22- October 26, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on October 26, 1988, the following action was taken: Upon Application of STEPHEN J. PERRICONE and FRANK VECCHIAERELLI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B, for permission to locate building within 75 feet of the nearest wetland along "dredged canal" off Deep Hole Creek, premises located along the north side of Lupton Point Road, Mattituck, NY, and identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 21. WHEREAS, on November 5, 1987, a Notice of Disapproval was issued by the Building Inspector for the above project; and WHEREAS, an application for a Variance was filed Novem- ber 6, 1987 under Appeal No. 3693; and WHEREAS, on May 17, 1988, Local Law No. 15 of 1988 of the Town of Southold was adopted and enacted by the Town Board; and WHEREAS, Local Law #15-1988 amended the Provisions under Section 100-119.2, subsection B of the Zoning Code, to exclude those projects which are upon "lands not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold"; and WHEREAS, Local Law #15-1988 was filed with the Secretary of State on May 25, 1988 and is in effect at this time; and WHEREAS, the subject premises is not bulkheaded and has received a conditional permit from the Southold Town Trustees dated December 17, 1987; Southold Town Board of Appeals-23- October 26, 1988 Regular Meeting (Appl. No. 3693 - PERRICONE/VECCHIARELLI, determination, continued:) NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Gri§onis, it was RESOLVED, in accordance with the May 17, 1987 amendments of Article XI, Section 100-119.2, Subsection B, this Board is without jurisdiction, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent. [Serious family illness]). This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals -24- October 26, 1988 Regular Meeting NEXT MEETING DATES: The following Meeting Hall reservations were confirmed today through the Office of the Town Clerk: November 16, 1988 December 1, 1988 December 29, 1988. OTHER: Agenda Item V(I){1}: Receipt of Draft Environmental Impact Statement for Norris Estates from Planning Board as Lead Agency. Thirty-day comment period will end on 11/19/88 and a public hearing will be held prior to 11/19/88. Location of Property: 28-acre site on S/s New Suffolk Avenue, east of Camp Mineola Road, Mattituck. No ZBA applications pending or anticipated for this project as proposed. REFUND RECOMMENDED: Appeal No. 3781 - Carol T. Kleinfeld. WHEREAS, on September 15, 1988, a Notice of Disapproval was issued in the proposed construction project of an addition within 75 feet of an existing bulkhead at premises identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 8; and WHEREAS, on SePtember 19, 1988, an application for a variance was filed requesting relief under Article XI, Section 100-119.2B; and WHEREAS, upon conferring with the Z.B.A. Office Staff, the jurisdiction of the Board of Appeals was briefly outlined; and WHEREAS, the applicant has subsequently been able to obtain a building permit for an alternative plan, without a variance; NOW, THEREFORE, BE IT RESOLVED, that due to the above cir- cumstances, a refund of the $150.00 fee be and hereby is recommended to CAROL T. KLEINFELD. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were Members Sawicki and Doyen, due to serious family illness.) This resolution was duly adopted. Southold Town Board of Appeals -25- October 26, 1988 Regular Meeting REMINDER: Seminar by the Suffolk County Department of Planning to be held 11/19 at the Javit$ Lecture Center at Stony Brook. Confirmation required on or before 11/1/88 for attendance. Chairman Goehringer and Member Dinizio confirmed their interests in attending. APPROVAL OF MINUTES: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the following Meetings: August 18, 1988 Regular Meeting, Pp. 1-31 (exclusive of Hgs) September 16, 1988 Special Meeting, Pp. 1-23. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Sawicki and Doyen were absent, due to serious family illness.) This resolution was duly adopted° GENERAL PENDING-FILE UPDATES: The following list was provided as an update to the Board Members on pending applications: Appeal No. 3787 - Marion Robins - Little Neck Road, Cutchoque. Area variances for lots in proposed minor subdivision. (Filed recently). (Await PB input on PB subdivision layout only.) Appeal No. 3775 - The Cove at Southold - S/s Main Bay- view Road, Southold. Pool and tennis court structures in frontyard, accessory to condominium structures. (Await direction from applicant or further clarification from Planning Board on its comments and related site- plan elements.) Appeal No. 3737 and SE #3746 - Joseph Hardy. Special Exception for plumbing uses in proposed building. S/s Main Road, Mattituck. (Await building plan information.) Appeal No. 3734 - Kathryn Fleet. Variances for approval of insufficient area of proposed two parcels. Old Pasture Road, Cutchoque. · Southold Town Board of Appeals -26- October 26, 1988 Regular Meeting Appeal No. 2929 - SAL CAIOLA. Project as proposed is questionable. Status/clarification awaited. N/~ CR 48, Southold. (~8 Drw.) Appeal No. 3183 - ~RY N. CODE. Smith Drive North, Southold. Proposed reseparation of lots. Await DEC and Planning Board applications to be filed for coordination/action. Appeal No. 3191 - HERBERT ~NDEL. Variance to change lot line and locate garage in front/side yard areas. E/s Linnett Lane Extension, Greenport. (Premises of Clempner and Mandel). (Await DEC action and PB input before advertising or at discretion of applicant.) ¢88 Drawer) Appeal No. 3206 - HENRY J. SMITH. Variances for insufficient area and width (two lots). W/s Peconic Lane, Peconic. Multiple business uses. P.B. recommendation of 24 parking spaces received. (No communications from application since 7/26/84). (~8 Drawer) Appeal No. 3249 - DONALD P. BRICKLEY. Variance for insuffi- cent area and width. S/s Bay Avenue and E/s Broadwater Drive, Cutchogue. (**Await DEC, Co. H. Art. 6, and contour maps--wetlands areas included.) ('88 Drawer) Appeal No. 3252 -- JOHN CHARLES AND MARYANN SLEDJESKI. Variance relief to be confirmed before proceeding. (Applic~ts may wish to retain more than one dwelling use on lot proposed in this two-lot division.) Main Road and Narrow River Road, Orient. (1987 drawer) Appeal No. 3259 - NICHOLAS ALIANO. Special Exception to establish four two-story motel buildings containing 10 motel units for transient use, and an office building of 2,500 sq. ft. in area on this 3.721-acre parcel, zoned'~-Light Business." S/s Main Road Greenport (along the east side of 7-11). **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action can be taken. Appeal No. 3268 - J. KATHERINE TUTHILL. Variance for insufficent 'area, width and depth of lots proposed in this "C" Zone. Planning Board denied 9/84 (Await** DEC and Co. Health Art. 6 action after formal applications.) (See'88 drawer) Appeal No. 3274 - BEST, SCHMITT, SYVERSON. Variances for insuffi- cent area, width in proposed division of land. ROW off E/s Camp Mineola Road, along Great Peconic Bay, Mattituck. (**Await Co. Health Art. 6, N.Y.S.D.E.C., Planning Board before advertising public hearing. Recent change in title.) So~th~ld ~own Board of Appeals -27- October 26, 1988 Regular Meeting Appeal No. 3293 -HAROLD & JOSEPHINE DENEEN. Variances for proposed insufficent area, width and depth of three parcels. W/s ROW off the S/s Bayview Road (west of Waterview Drive), Southold. 280-a not requested. (**Await Co. Health Art. VI and DEC approvals/action.) ('88 drawer) Appeal No. 3298 - C & L REALTY/PORT OF EGYPT. VARIANCE TO CON_ STRUCT 40-unit motel on insufficent buildable upland of 4.83 acres and having insufficent sideyards. S/s Main Road (preY. Southold Fishing Station/Morris), Southold. (**Await corrected site plans, topo- graphical survey including lowest floor elevations above mean sea level, Health Department approvals, N.Y.S. DoE.C. action, comments or input from Planning Board after review of site plan.) 10/9/84 ('88 Drawer) Appeal No. 3342 - PHILIP R. REINHARDT. Variances for area and width (two parcels). **Recessed from 5/25/83 as requested by attoryney for County Dept. of Health, Art. 6 action (and DEC). N/s Pine Deck Road (opposite Park Way), Southold. R. Bruer, Esq. Appeal No. 3355 - PAUL & MARIET~'~A .CANALI~O. Variance to con- struct with insufficent setback in frontyard from wetlands. (**Await DEC and wetland setbacks map. Trustees reviews pending--new application may be necessary for Trustee action and DEC action updates). Appeal No. 3367 - LOIS AND PATRICIA LESNIKOWSKI. Variance for approval of two proposed parcels with insufficent area and width. S/s North Drive, Mattituck. (**Await DEC, and building envelope setbacks, and setbacks from wetland grasses.) Appeal No. 3389 - THEODORE PETIKAS. Variance to use residential portion of premises for restaurant use. W/s Sound Road and N/s Main Road, Greenport. Denied by Planning Board 2/8/88. ('88 Drawer) Appeal No. 3403 - ANNA LORIA. Variances for approval of two parcels having insufficient area, width and depth in this pending division of land. W/s First Street and N/s King Street, New Suffolk. (Await Co. Health Art. VI action after application.) Appeal No. 3411 - ANDREW FOHRKOLB. Variance to restore existing b~ilding for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. (Await scaled floor plans and C.O.) Helen Rosenblum, Esq f~8 Drawer) Appeal No. 3426 - GERALD DOROSKIo Variance for approval of access (280-a). N/s C.R. 48, Peconic. (Await additional information to ~!arify ROW and P.B. input on pending division abutting premises to the east.) '88 Drawer) ' ' ~Southbld Town Board of Appeals -28- October 26, 1988 Regular Meeting Appeal No. 3445 - JULIUS ZEBROSKI. Variance for approval of insufficient area and width of two proposed lots. E/s Waterview Drive and N/s Bayview Road, Southoldo (**Await title search). Paul Caminita, Esq. Appeal No. 3449 - FRANK & ETHEL BEGORA. Varinces for insuffi- cent area, width and depth in this pending division (three parcels). N/s Main Road, East Marion. (Await PoB. application/referral comments after submission of corrected maps (for three rather than two; await C.O. of record, if any.) Paul Caminita, Esq. Appeal No. 3495 JOHN & GLORIA SHIRVELL. Variances for insufficent area, width and depth of two proposed parcels. N/s Pine Tree Road, Cutchogue. (Await Co. Health Art. VI waiver/action before advertising.) Appeal No. 3537 - ROBERT & SUSAN D'URSO. Breezy Path, Southoldo Await DEC, Co. Health and Trustee actions (after formal applications) to complete file for coordination, etc. New dwelling with insufficent setback from wetlands and bulkhead. R. Bruer, Esq. Appeal No. 3542 - Cliffside Associates/Tidemark. Await copies of updated certification on amended maps by Building Inspector, and continuation of SEQRA process Amended ~ps were submitted, Village contracts received 4/87. (P.B. lead agency status-GEIS pending review and determination as of 1/88). Appeal No. 3545 - PATRICK STIGLIANIo Main Bayview Road, Southold. Await Co. Health Art. 6 action. Area, width and depth variances. Alfred Skidmore, Esq. (Village water not available). Appeal No. 3548 - FRANK R. ZALESKI. Variances for insufficient area, width and depth (three parcels in pending division). E/s Deep Hole Drive, Mattituck. 1.295-acre described parcel. Await Co. Health Art. 6 action. (PB and DEC input received; exp. 12/87) Henry Raynor, Agent. Appeal No. 3549 - J. KALIN & B. GIBBS. Variances as to in- usfficient area, width and depth. N/s Main Road, Orient. Await Co. Health Art. 6 waiver and copies of current deeds. (As of 2/19/87 Co. Health Art. 6 appl. not filed.) $outhold Town Board of Appeals -29- October 26, 1988 Regular Meeting Appeal No. 3770 - PORT OF EGYPT ENTERPRISES. Variance to construct storage building. Awaiting SEQRA coordination. Appeal No. 3771 PORT OF EGYPT ENTERPRISES. Special Exception for use of storage building. Awaiting SEQRA coordination. Appeal No. 3757 - JOHN CHOBOR, JR. Variance for insufficient front and side yard setbacks for prnnosed dwellinq. ~wait~ng replies to letter and accurate survey with setbac~ into, etc. Appeal No. 3617 , MICHAEL TOFFALIS. Variance rearyard setback. Awaiting response for neighboK Cqrrections and cesspool locations. Incomplete Appeal wall. THOMAS SAMUELS. Subdivision and retaining Appeal No. 3667 JOHN MULHOLLAND Addition to dwelling'~ithin 75' of wetlands. DEC pending. Appeal No. 3752 VARUJAN ARSLANYAN. Renovate and construct pool. Awaiting map and grading/digging--plan. Appeal No. 3558 - NIC~ AND ANNA PALEOS. Variance for insuffi- cent area, width and depth (three proposed lots). S/s C.R. 48, Peconic (formerly Hass). Await Art. 6 Subdivision Action before advertising. (P.B. review 10/6/86). H. Raynor, Agent Appeal No. 3589 - MARY J. GETOFF. Variances as to insufficent area, width and depth. Waterview Drive, Southold. Appeal No. 3600 - T. LUCAS & G & A. BELIS. Special Exception to allow 70 motel units on 7.0516 acres zoned "B-Light" Business, 4000 sq. ft. of land area per unit with Village water. S/s Main Road (prey. golf range), Greenport. Await six items per Board Resol. 1/8/87, before advertising for public hearing. Appeal No. 3614 ROBERT & ETHEL SCHROEDER. Interpretation request. S/s Route 25, East Marion. (Await confirmation of activities conducted and survey. Further direction awaited from applicant's attorney. Appeal No. 3627 - LILLIAN VISHNO. Variances for insufficent area, width and depth for three proposed lots. 810 Corwin St., Greenport. (Await Co. Health and P.Bo applications/reviews/communications). Appeal No. 3649 - CHRIS & WILLIAMS CONNORS. Variance for insufficent setback fro~ wetlands. West Drive, Southold. (Await finalization of SEQRA and Town Trustee action before advertising). Appeal No. 3685 - LESTER & HOPE ALBERTSON. Await Planning Board input and County Health Art. VI action before publication. 36125 blain Road, Southoldo Area and width variances. B-1 Zone District. Appeal No. 3690 - SOPHIA & RICHARD GREENFIELD. Applicant has requested application be placed on hold for approximately one year since they may amend same for accessory in the frontyard rather than re- duction of setback from bluff "due to location of large trees." R~W off CR 48, Peconic. (Deadfiled temporarily) Southold Town Board of Appeals -30- October 26, 1988 Regular Meeting CLARIFICATION: Appeal No. 3603 ~ JAMES CROSS. 1000-109- 1-8.5, N/s Main Road, Cutchogue. In response to the recent inquiry of Francis J. Yakaboski, Attorney for the Town in the pending Farmland Acquisition Project, concerning the Cross Property, the Board confirmed that Condition No. 1 of its April 2, 1987 Determination will apply only in the event the property owner(s) should make a future application to the Town for a division of land or other development (to increase dwelling-unit density). It was not hte intent of this Board to require an executed covenant for a total 40 feet in width once the Farmland Acquisition Project was finalized, nor did it appear to be the intent of the Planning Board (see preliminary coments of the Planning Board dated March 4, 1987 for a 50-foot width). At the time of the April 2, 1987 ZBA determination, the Farmland Preservation Project did not appear to be in an "official" status. The Chairman was authorized and directed to confirm the above with Mr. Yakaboski's Office. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Environmental Declarations pursuant to the New York State Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold: Appl. No. 3773 Gretchen K. Heigl Appl. No. 3785 - Raymond Nine and Charles Zahra Appl. No. 3777 - Carl J. and Ruth V. Nelson Appl. No. 3772 - John G. Philippides Appl. No. 3786 - Marion Saccone Appl. No. 3782 - Joseph Stocken/M & N Auto, Inc. Appl. No. 3783 - Joseph Stocken/M & N Auto, Inc. Appl. No. 3708 - David Walker/Turtle Associates Appl. No. 3784 - James Young: Southold Town Board of Appeals -31- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3773 PROJECT NAME: GRETCHEN K. HEIGL 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 844-4 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 connect deck to porch, leaving an insufficient setback from the south (westerly) property line. LOCATION OF PROJECT: Town of Southold, County o~,Suffolk, more particularly known as: Private ROW off Soundview Ave., Southold, NY 68-1-14.1' 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 a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. Southold Town Board of Appeals -32- Oct. 26, 1988 Regular Meeting (Envlronmenta Declarations, Con%inued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3785 SE ~ROJECT NAME: RAYMOND NINE AND CHARLES ZAHRA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.¥.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: [ ] Type II ~X] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Permission to establish "Bed and Breakfast Use" LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: New Suffolk Ave.,.Mgttituc~, NY 114-11-20 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) This is an application, concerning use of 'premises an'd is not directly.related to new consturction. (3) The relief requested is not directly related to new construction. Southold Town Board of Appeals -33- Oct. 26, 1988 Regular Meeting (Envlronmenta Declarations, Continued: ) SoE.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance~ APPEAL NO.: 3777 PROJECT NAME: CARL Jo AND RUTH V. NELSON 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: [ ] Type II ~ Unlisted [ ] Exempt DESCRIPTION OF ACTION: ConstruCt tennis court with 10 ft.'high fencing in the frontyard area and in excess of %he maximum-permitted 20 perce~t total lot .coverage LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1060 Moore's Lane, Greenpo~t, ~Y 33-2-43 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) ~nformation has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance.of wetlands grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -34- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-SignificancE APPEAL NO.: 3772 PROJECT NAME: JOHN G. PHILIPPIDES 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: Construc't deck addition at rear of'existing dwelling with an insufficient setback from existing bulkhead. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Old Cove Road, Southold, N~ 52-2-10.1 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 bulkhead in good condition. (3) The relief requested is a setback variance as regulated by Section 617,13, 6 NYCRR, SEQRA. Southold Town Board of Appeals -35- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued: ) SoE.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance' APPEAL NO.: 3786 PROJECT NAME: MARION SACCONE 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: ~ [ ] Type II [X] Unlisted [ ] Exempt DESCRIPTION OF ACTION: PermissiOn to replace nonconform~nq ~ra~¢r with new single-family dwelling, in addition to the establisnea awe±±lng structures and uses. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 66075 C.R. 48, Greenport, ~Y 40-2-7 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 pro~ect be imple- mented as planned; (2) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be cons~.dured wetlands. Southold Town Board of Appeals -36- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3782 PROJECT NAME: JOSEPH A. STOCKEN/ M & N AUTO, INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse 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: ~ ] Type II [X] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Convert existing building to retail' (groCery) store, in addition to the existing sales use (of gasoline and diesel) and propsed new building for automobile servicing. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: S/s Front Street, .G~eenpor%, NY 45-6-5 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 pro~ect be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction. (3)' The relief requested is not directly related to new construction. Southold Town Board of Appeals -37- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3783SE PROJECT NAME: JOSEPH A. STOCKEN/ M & N AUTO, INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse 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: · [ ] Type II ~ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Expansion of present'pro~ertv by the addition of a new building to be utilized for the existing au~omoSile service station, in addition to continued sales of gasoline and proposed grocery store uses LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: S/s Front Street,.Greenport, NY 45-6-5 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) This is an application concerning use of ~remises ahd is not directly related to new construction. (3) Information has been submitted by applicant or his agent in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -38- Oct. 26, 1988 Regular Meeting (Envirofmental Declarations, Continued:) S.E.Q.R.A. NEGATIV~ ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3708 PROJECT N~_E: DAVID WALKER/TURTLE ASSOCIATES 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 simil&r project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: For approval of parcel as exists wfth insufficient lot area and width. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1300 Marratooka Lane, Matt±tuck, NY 115-3-18.3' REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new con- struction as regulated by Section 617.13 for a lot-line or area variance. -Southold Town Board of Appeals -39- Oct. 26, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3784 PROJECT NAME: JA~ES YOUNG This notice is issued pursuant to Part 617 of the implementinq regulations pertaining to Article 8 of the.N.¥.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:construc~ addition t6 dwelling with~insufficient front yard setbacks from the westerly and southerly property lines.' LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Minnehaha Blvd., .S~uthold,. NY' REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. Southold Town Board of Appeals -40- October 26, 1988 Regular Meeting (Environmental Declarations, continued:) Vote of the Board: Dinizio. (Absent were: serious family illness.) Ayes: Messrs. Goehringer, Grigonis and Members Sawicki and Doyen, due to This resolution was duly adopted. The following matters were tentatively agreed for calendaring at the next Regular Meeting (tentatively reserved for December lst): Appl. No. 3791 - James Bergeron Appl. No. 3793 - James Manos Appl. No. 3794 - Jerry and Mary Georges Appl. No. 3734 - Kathryn Fleet Appl. No. 37 - Peter and Dorothy Micciche. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at approximately 10:35 p.m. Respectfully submitted, ~owalski, Secretary Southold Town Board of Appeals RECEIVED AND FILED BY D THE SOL~fHOL TOWN C!.~'P'K Town Clerk, Town of Southold