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HomeMy WebLinkAboutZBA-10/06/1988APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUCLASS JOSEPH H,~ ~AW. IC K. I James UlnlZlO~ Jr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765 1809 MINUTES REGULAR MEETING THURSDAY, OCTOBER 6, 1988 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, OCTOBER 6, 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., Serge Doyen, Jr. and James Dinizio, Jr., consisting of four of the five Board Members. Absent was: Joseph H. Sawicki (due to serious family illness). Also present were: Linda Kowalski, Assistant and Secretary of the Board and approximately 30 persons in the audience at the beginning of the meeting. The Chairman opened the meeting. congratulated by the Board and Secretary on as Member of the Board of Appeals. became the new Board Member today. James Dinizio, Jr. was his new appointment Mr. Dinizio officially CONCLUSION OF WRITTEN PART OF RECORD: Matter of JEAN C. HOLLAND-LONGNECKER. Appeal No. 3751. Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to CONCLUDE THE HEARING in its entirety, accepting the written submissions to date, and commence the 60-da¥ maximum deliberation period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. Southold Town Board of Appeals -2- October 6, 1988 Regular Meeting The Board proceeded with the following public hearings. During each of the hearings, additional testimony was given, and the hearing was immediately concluded thereafter (except as noted otherwise): 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - 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. 7:46 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance 0to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. (See separate resolution on Environmental Declarations 7:53-7:55 p.m.) 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. 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 Ba!rview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. Southold Town Board of Appeals -3- October 6, 1988 Regular Meeting 8:06 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - 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. S~~ p.m. Appl. No. 3761-V - Variance to the Zoning Ordinance, Article III, Section 100-30B(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 for 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. 1000-78-01-10.3. (Short recess taken 8:]0 - 8:15 p.m.) 8:15 p.m. Appl. No. 3739 - JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchoque, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. Appl. No. 3762. ROBERT AND DIANNA BAKER. 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. As requested by attorney, motion was made by Mr. Goehringer, seconded by Mr. Grigonis, to recess this hearing until October 26, 1988. Motion carried. 8~20 p.m. Appl. No. 3779 PETER AND DESPINA MARKOPOULOS 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. (See resolution for deliberations & decision on John T. Beebe Matter.) 8:40 p.m.-9:10 Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). 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. 9:]0 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Southold Town Board of Appeals -4- October 6, 1988 Regular Meeting 9:]3 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- 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. 9:]8 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback) for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:22 p.m.- 9:50Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(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 No. 1000-115-7-9. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations pursuant to the requirements of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold: Southold Town Board of Appeals -5- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3762 PROJECT NAME: ROBERT AND DIANNA BAKER 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 [X] Exempt DESCRIPTION OF ACTION: EstabliSh Bed and Breakfast establ~ishment in an existing single-family dwelling LOCATION OF PROJECT: Town of Southold, County o~,Suffolk, more particularly known as: 2900 Boisseau Avenue, Southold, NY 55~6-9 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 and is not .directly related to new construction. (3) Exempt - Involves no substantial physical change to existing building or premises. Oct. 6 1988 Regular Meeting Southold Town Board of Appeals -6- ' (Environmental Declarations, Continued:) S.E.Q.R.Ao NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3765 PROJECT NAME: JOSEPH SPITALIERE 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: Placement of a new dwelling structure with a reduced setback from front property line LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: ROW along E/s Cedar Deach D~ive, Southold, NY 90-4-14 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 -7- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3768 PROJECT NAME: FRANK AND SANDRA CURR3~q This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the,N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 780 Haywaters Road, ~Cutcho~ue, NY 111-1-16 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) ~e relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals -8- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3763 PROJECT NAME: JOHN J. JESSUP 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Addition at westerly side of existing dwelling with a reduction in total sideyards LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 90 East Road, Cutch~gue, N~ 110-7-15 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 relie~ requested is a setback variance as regulated by Section 617.13, 6 N¥CRR, SEQRA Southold Town Board of Appeals -9- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance~ APPEAL NO.: 3759 PROJECT NAME: TONY SCARMATO, INC. 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: [X] Type II [ ] DESCRIPTION OF ACTION: ~azebo ~tructure with from existing bulkhead along Peconic Bay LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: ~5 Huckelberry Milt Road, ~ast Marion, NY 31-16-9 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 Unlisted [ ] Exempt insufficient'setback Southold Town Board of Appeals -10- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.EoQ.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3758 PROJECT NAME: THEODORE KUDLINSKI, JR. 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 net to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: · [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Construct open-deck addition with insufficient rearyard setback from existing dwelling LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 605 Highwood Road,. Southold~ NY 78-9-50 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) ~he relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals -11- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: ~39 PROJECT NAME: JOHN T. BEEBE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval. of insufficient area and width of two parcels in this proposed set-off division of land LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Beebe Drive, Cutcho~ue, NY 103-3-p/o 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 a lot-line variance as regulated by Section 617.13, NYCRR. Southold Town Board of Appeals -12- Oct. 6, 1988 Regular Meeting (EnviroNmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3779 PROJECT NAME: PETER AND DESPINA MARKOPOULOS 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 ~easons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval of structure(s) with reduced sideyards LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: Sound Beach Drive, Mattituck, NY 99-1-24 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals -13- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3764 PROJECT NAME: DENIS O~BRIEN 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 cant adverse effect on the below. the within project not to have a signifi- environment for the ~asons indicated Plea~se 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: To erect' tennis court with 10 ft. t~igh fencing and gazebo structure in an area other than required rearyard LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Private Road, Fishers Island, NY 3-3-3.5 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. Southold Town Board of Appeals -14- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3778 PROJECT NAME: BRETT AND JANET KEHL 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: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION:variance'and request to remove Conditions under Appeal No. 3641 rendered 6/18/87, to allow conversion of subject building for living area in ~roDcsed reconstruction plan of dwelling ~OCATION OF PROJECT: Town of Sou~hold, County of, Suffolk, more particularly known as: 5500 Main Bayview Road, Southoid, NY 78-4-3 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) This is an application concerning use of premises and is not directly related to new construction. Southold Town Board of Appeals -15- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3760 SE PROJECT NAME: ELSIE D. yOUNG 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 ~easons 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 [X] Exempt DESCRIPTION OF ACTION: Establish Accessory Apartment in existing dwelling LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 480 Grissom Lane, SQutholdj N~ 78-1-10.3 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) ~is is an applic6tion concerning use of premises and is not directly, related to new construction. (3) Exempt- Involves no substantial physical change to existing building or premises. Southold Town Board of Appeals -16- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance~ APPEAL NO.: 3774 SE PROJECT NAME: H & S ASSOCIAT S 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: ~nstruct addition to existing building, main- taining the westerly nonconforming yard setback, for use partly for' sales of auto parts, storage and engine-rebuilding shop LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road, Cutchogu~, NY 102-2-24 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 and is not directly related to new construction. Southold Town Board of Appeals -17- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3769 SE PROJECT NAM_E: CUTCHOGUE FARMS LTD (a/k/a Gristina Vineyards) 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 applicatien pending for the same or similar project. TYPE OF ACTION: · [ ] Type II [ ~ Unlisted ~ ] Exempt DESCRIPTION OF ACTION: Special' Exc~tion tO establish Winery LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Main Road, Cutchogue, NY 109-1-13 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 a~d is not directly related to new construction. Southold Town Board of Appeals -18- Oct. 6, 1988 Regular Meeting (Environmental Declarations, Continued: ) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3776 PROJECT NAM_E: HOWARD AND MARGARET BRODIS 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: Establish Accessory'Apartment in a-proposed addition to existing building LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 435 Eastward Ct., Mattituck, NY 115-7-9 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 a~d 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 -19- October 6, 1988 Regular Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. ACTION OF THE BOARD OF APPEALS Upon application of JOHN T. BEEBE for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in a proposed set-off division, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of JOHN T. BEEBE under Appeal No. 3739; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 3, Lot 5. 2. The subject premises contains a total lot area of 97,035+- square feet and is presently improved with two single-family dwellings and garage structures, all as shown on the Survey Map prepared by Roderick VanTuyl, P.C. amended August 19, 1986. -20- Southo~d Town Board of Appeals October 6, 1988 Regular Meeting (Appl. No. 3739 BEEBE decision, continued:) 3. By this application, appellant requests approval of the insufficient lot area of proposed Parcel No. 1 of 48,855 sq. ft. with frontage along Beebe Drive of 128+- feet, and of proposed Parcel No. 2 of 48,180 +- square feet with frontage along Beebe Drive of 136 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width 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. Reference is made to the Moose Cove Subdivision Map approved by the Planning Board dividing 38.12-acres. The subject parcel is located to the north of Subdivision Lot 53 and north of Beebe Drive and Lot No. 33, and the subdivision consists of lots with an approved lot area of approximately 40,000 sq. ft. 6. For the record it is noted that a Certificate of Nonconforming Premises was issued August 23, 1988 under No. Z17215 certifying that the buildings exists prior to the effective date of the Zoning Code (and amendments). 7. In considering this application, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will be no increase in density since the dwellings are existing with one proposed for each lot, and no additional dwellings will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3739 in the Matter of the Application for JOHN T. BEEBE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained.) lk * * * Southold Town Board of Appeals -21- October 6, 1988 Regular Meeting DECISION/DELIBERATIONS: ACTION OF THE BOARD OF APPEALS Application of HENRY J. SMITH and THE COVE AT SOb"~HOLD, INC. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to erect off-premises directional sign. (Business Zone District). Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-70-07-007. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of THE COVE AT SOUTHOLD (HENRY J. SMITH) under Appeal No. 3756; 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 for a Variance from the Provisions of Article VI, Section 100-60, Subsection C(2a) to erect a 3' x 5' directional ground sign upon premises located in the "B-i" General Business Zoning District located along the south side of the Main Road (State Route 25), Southold, with setbacks proposed at approximately 35 feet from the northerly (front) property line as more particularly depicted on sketched survey (received August 11, 1988). $outhold Town Board of Appeals -22- October 6, 1988 Regular Meeting (Decision - Appl. No. 3756 - H.J. SMITH, continued:) 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 7, Lot 7 containing a total acreage of 2.2549 acres, having frontage along three roadways, and improved with structures, all as shown on the April 13, 1967 survey prepared by VanTuyl & Son submitted for consideration hereunder. 3. Article VI, Section 100-60, Subsection C(2a) provides for the placement of one ground sign for lots'located in this Zone District, advertising "...only the business conducted on the premises .... " 4. The premises at this time is used for plumbing and electrical contractors office uses, and the general wording of this proposed sign does not meet the intent or requirements of the Zoning Code as applied. 5. In lieu of the ground sign normally permitted for this lot, the applicant is agreeable to substituting the subject sign; thereby having not more than one ground sign on the premises. 6. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activities i. Federal, State, County, Town owned signs. 7. It is the opinion of the Board that the placement of not more than one ground sign would not be adverse to the essential character of the district. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the Matter of the Southold Town Board of Appeals -23- ©ctober 6, 1988 Regular Meeting (Decision - Appl. No. 3756 - H.J. SMITH, continued:) Application for THE COVE AT SOUTHOLD, INC./HENRY J. SMITH for the placement of one three ft. by five ft. (3' x 5') ground sign, Appeal No. 3756, with the wording as applied: "The Cove at Southold - TURN RIGHT ONTO MAIN BAYVIEW ROAD (GULF STATION)," SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be not more than one ground sign existing at any one time on this lot; 2. This directional sign will be permitted for one year only. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. Southold Town Board of Appeals -24- October 6, 1988 Regular Meeting (Appl.. No. 3759 SCARMATO decision:) ACTION OF THE BOARD OF APPEALS Upon Application of TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of TONY SCARMATO, INC. under Appeal NO. 3759; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for approval of the placement of a small gazebo structure with setbacks at 46 feet from the ordinary highwater mark along Peconic Bay (or Orient Harbor), and 6 feet from the existing bulkhead (which exists 40 feet landward of the highwater mark), as shown on the sketched survey submitted with this application and depicted by the recent photograph (part of the file). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 16, Lot 9, is improved with residential construction and contains a total area of .86+- of an acre. 3. For the record it is noted that the property was the subject of prior applications under Appeal No. 1662, rendered September 28, 1972, and under Appeal No. 1623, rendered August 10, 1972, which address limitations of the nonconformities at the premises. Southold Town Board of Appeals -25- October 6, 1988 Regular Meeting (Appl..No. 3759 - SCARMATO decision, continued:) 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. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (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 the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3759 in the Matter of TONY SCARMATO, INC. for the placement of accessory (gazebo) structure with an insufficient setback from bulkhead, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory gazebo be set back not closer than six feet landward of the bulkhead, as applied; 2. That there be no lighting which would be adverse to neighboring areas; 3. That the accessory structure remain as a gazebo and not be converted for any other use (except by approval of the Board of Appeals). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. -26- Southold Town Board of Appeals October 6, 1988 Regular Meeting ACTION OF THE BO~RD OF APPEALS Application of JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition to dwelling at the westerly side of the existing dwelling with a reduction of the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of JOHI~ J. JESSUP under Appeal No. 3763; 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 100-31 of the Zoning Code for permission to construct six ft. extention from the westerly side of porch, extending a length of 27 feet, as more particularly shown on sketch (Drawing No. 137 Al) dated 7/6/88, and sketched survey, leaving a sideyard setback at 15 feet from the westerly property line, and which together with the easterly nonconforming sideyard setback at 3+- feet will leave insufficient total sideyards at 18+- feet. Southold Town Board of Appeals -27- (A~pl. ~No. 3763 - JESSUP decision:) October 6, 1988 Regular Meeting 2. The premises is question is known and referred to as 90 East Road, Cutchogue, NY; is a described parcel of land containing a total area of approximately one-third acreage; and is identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 7, Lot 15. 3. The subject parcel is presently improved with a one-story, single-family dwelling having a floor area of approximately 580 sq. ft. (inclusive of porch) and the following additional nonconformities, as exists: (a) easterly sideyard setback at three feet, (b) northerly frontyard setback at 13 feet, (c) nonconforming lot area, width and depth, (d) insufficient total sideyards at 24 feet. It is noted for the record that the lot area with width (or frontage) was approved by the Board of Appeals on June 8, 1967 under Appeal No. 1103 (Bollhoefer) during the period of 12,500 sq. ft. minimum zoning. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Coderequires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. The sideyards as exist are nonconforming at 3 and 21, for a total of 24. The reduction requested is six feet less than the existing 21 feet for a setback at 15 feet from the westerly side, leaving total sideyards at 18 feet. 5. It is the position of this Board that in considering this application: (a) the relief requested is not unreasonable and is the minimal necessary, under the circumstances; (b) the circumstances are unique to the property and are not personal in nature; (c) the relief requested will not alter the essential character of the neighborhood; (d) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, order of the town, or be adverse to neighboring properties; or (e) to pursue; there is no other method feasible for appellant (f) the practical difficulties are sufficient to warrant the grant of this variance. Accordingly, on motion by Mr. Grigonis, seconded by Southold Town Board of Appeals -28- (ApplJ No. 3763 - JESSUP decision:) October 6, 1988 Regular Meeting Mr. Goehringer, it was RESOLVED, to GRANT the relief under Appeal No. 3763 in the Matter of JOHN J. JESSUP for a proposed addition with a reduction of sideyards from 21 feet to 15 feet, and total sideyards at 18 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. ACTION OF THE BOARD OF APPEALS Upon application of DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5 along Private Road, Fishers Island, NY. WHEREAS, a public hearing was held and concluded on Octo- ber 6, 1988 in the Matter of the Application of DENIS O'BRIEN under Appeal No. 3764; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Southold Town Board of Appeals -29- (Appl. No. 3764 - O'BRIEN decision:) October 6, 1988 Regular Meeting 1. By this application, appellants request Variances under Article III, Section 100-32, and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo or 15' x 20' covered wood structure, both accessory and incidental to the existing residential use of the premises, in the frontyard area, as more particularly shown by Map prepared by Shope Reno Wharton, Architecture, Drawing No. S1, dated December 1, 1987 (Job No. 8626). 2. The premises in question is known and referred to as combined Lots #1 and #2 as shown on the Minor Subdivision Map as Revised May 29, 1987, for Francis Fiske Adams, and approved by the Planning Board as per Resolution adopted August 24, 1987. 3. The entire parcel contains a total area of 6.69 acres with frontage along the Sound of approximately 700 feet and is improved with a dwelling structure, under construction as per Building Permit issued July 10, 1987 under Building Permit #16195, also shown on the above-referenced Architect's Rendition dated December 1, 1987. 4. The proposed covered wood deck (gazebo-type) structure is shown to be 45+ feet at its closest point to the property line at the southwest corner, and the tennis court with fencing is shown to be not closer than 28 feet at its closest point to the property line at the southwest and the southeast corners. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. Most of the area normally feasible to construct is technically front yard, and there is no other alternative for appellant to pursue other than a variance. 6. Article XI, Section 100-119.1 of the Zoning Code provides a limitation of four feet for fences in the frontyard area. It is not practical to construct a tennis court with · fencing at four feet high or less, and the request of the appellant is not unreasonable under the circumstances. It is the position of this Board in considering this application: (a) The relief requested is not unreasonable and is the minimal necessary; (b) the circumstances are unique to the property and are not personal in nature; (c) the relief requested will not alter the essential character of the neighborhood; -30- Southold Town Board of Appeals October 6, 1988 Regular Meeting (d) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the relief in relation to the requirements is substantial; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3764 in the Matter of DENIS O'BRIEN for permission to place accessory tennis court with 10-ft. high fencing and covered wood deck structures in the frontyard area, as more particularly shown on the Architect's Rendition dated December 1, 1987, prepared by Shope, Reno, Wharton Architecture. Vote of the Board: Ayes: Messrs. Goehringer, ~rigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. -31- SDuthold Town Board of Appeals October 6, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Upon Application of JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for placement of a new dwelling structure with an insufficient setback from the front property line. Location of Property: Right-of-Way located along the east side of Cedar Beach Drive, Southold (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of JOSEPH SPITALIERE under Appeal No. 3765; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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 for a Variance under Article III, Section 100-31, Bulk Schedule, for permission to place principal dwelling structure with a reduced setback from the front property line at 30 feet, as shown on the Topographic Map prepared by R.J. Mavrikakis, L.S. lastly revised September 19, 1988 (No. 88-6). The setbacks proposed from the "flagged" wetlands line are shown to be approximately 50+ feet, and from the sides at 10 and 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. 3. The premises in question contains a total area of approximately one-half acre and is presently vacant. Southold Town Board of Appeals-32-October 6, 1988 Regular Meeting 4. Article III, Section 100-31, Bulk Schedule (Column "A") of the Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The reduction proposed by this application is from 35 feet to 30 feet. 5. For the record it is noted: (a) that the premises is located near the end of a private right-of-way; (b) that an application is pending with the N.Y.S. Department of Environmental Conservation under #10-88-1029, and their Agency has urged that the distance to wetlands be maximized (see communications dated June 7, 1988 and August 15, 1988); (c) that an application is pending with the Office of the Town Trustees under #631 and has been placed temporarily in abeyance; (d) that the premises contains a substantial amount of meadow land and wetlands, which limit the buildable upland portion of the premises. {The setbacks from the meadow and wetland areas are not within this Board's jurisdiction under Chapter 100-Zoning of the Town Code.) 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 15% of the requirement {reduction of five feet}; (b) the relief requested will not alter the 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 the manner in which the difficulties arose, the interests of justice will be served by granting the Southold Town Board of Appeals-33October-- 6, 1988 Regular Meeting variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance for a reduction from a 35-ft. frontyard setback to a 30-ft. frontyard setback, as applied in the Matter of JOSEPH SPITALIERE under Appeal No. 3765. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. * * * Southold Town Board of AppealS34- October 6, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; 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 VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned Southold Town Board of Appeals-35-October 6, 1988 Regular Meeting (H & S ASSOCIATES decision, continued:) "B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3. Submitted for consideration are the July 23, 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly (side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 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 building and parking layout. 5. 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, health, welfare, comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. 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 Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the auto parts sales, added storage, and engine rebuilding uses, as shown by the July 23, 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained.) This resolution was duly adopted. Southold Town Board of Appeals -36- October 6, 1988 Regular Meeting ACTION OF THE BOARD OF APPEALS Application of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C for permission to erect off-premises directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. WHEREAS, a public hearing was held and concluded on August 18, 1988 in the Matter of the Application of THE COVE AT SOUTHOLD (TIMOTHY COFFEY) under Appeal No. 3755; 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 for a Special Exception from the Provisions of Article III, Section 100-30, Subsection C to erect a 3' x 5' directional ground sign upon premises located in the "A" Residential and Agricultural Zoning District located along the south side of the Main Road (State Route 25), Southold, with setbacks proposed at approximately 35 feet from the northerly (front) property line and 35 feet from the easterly side yard as more particularly depicted on sketched map submitted for consideration. Southold Town Board of Appeals -37- October 6, 1988 Regular Meeting (COFFEY decision, continued:) 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 75, Block 6, Lot 7.3, containing a total acreage of 19+- acres, having frontage along the south side of the Main Road of approximately 350 feet. 3. The subject premises is located in the A-Residential and Agricultural Zoning District and is presently used agriculturally. It is noted for the record that the subject premises presently contains one ground sign for the Timothy Coffey operations. 4. The only provisions of the Zoning Code permitting signs in this zone district are under Section 100-30C, with conditions for accessory home occupancy uses and others by Special Exception approval. 5. On May 5, 1966, and again on March 22, 1979, the Board of Appeals established guidelines and principles governing signs not specifically covered in the Zoning Ordinance; and in order to assist the travelling public and in the interest of traffic safety, the Board established the following types of activities for which a reasonable number of off-premises signs, directional only, may be conditionally granted for a limited time period: a. Motels, hotels, tourist houses b. Restaurants and eating places c. Churches d. Ferries, transportation e. Subdivision/development signs f. Shopping centers or business districts g. Amusement areas h. Civic activitie~ i. Federal, State, County, Town owned signs. proposed required It is the position of this Board that the sign as does not meet the requirements established above and as by law for Special Exception approval. 7. Also in considering this application, the Board finds and determines: (a) the use of this sign is not within the bests interests of the general public or residents; (b) this proposal could in effect alter the essential character of the property or neighborhood in this zoning district; (c) the grant of this special exception as applied will not be in harmony with or promote the general purposes and intent of zoning. 8. The Board has also considered subsections (a) through (1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. 9. It is also noted for the record that under a separate application under Appeal No. 3756 rendered same date hereof, relief was granted for a similar sign for the same purposes at a different site located in the Business District, as conditionally Southold Town Board of Appeals-38- October 6, 1988 Regular Meeting noted. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY a Special Exception as applied in the Matter of TIMOTHY COFFEY and THE COVE AT SOUTHOLD, INC. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. DISCUSSION: EXCEPTIONS ONDER SECTION 100-119.2(C). The Board briefly discussed possible exceptions under the Setback Provisions concerning Freshwater Wetlands similar to those adopted for the Saltwater Wetlands (such as concrete barriers, elevations above average ground level, etc.), and it was agreed that no exceptions would be recommended at this time, particularly Cue the frequent changes in the highwater marks in ponds and lakes. CODE COMMITTEE MEETING: The Board was informed of the Code Committee Meeting Date scheduled for October 12, 1988 at 7:30 p.m. and was given copies of the agenda items (junkyards, signs, etc.). COMMUNICATIONS: Agenda Items X(A): Letter from William D. Moore, Esq. requesting postponement in the Matter of the Appl. of Robert and Dianna Baker under No. 3762. Agenda Item X(B): Letter from Mr. and Mrs. Rempe and Mr. and Mrs. Burden with reasons for Opposing Matter of Appl. No. 3776 - H. Brodis. Agenda Item X(C): Court decision rendered in the Matter of James P. O'Neill and Peter J. McSherry v. Z.B.A. for issues of two-family use(s) to be established by applicahts-for the record and for consideration by the Board of Appeals. Southol'd Town Board of Appeals-39~' October 6, 1988 Regular Meeting were UPDATED REVIEWS/NOTATIONS: The following applications updated (as noted): Appeal No. 3558 - NICK 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 (prev. 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.B. applications/reviews/communications). Appeal No. 3649 - CHRIS & WILLIAMS CONNORS. Variance for insufficent setback from 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 Main Road, Southold. 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) Appeal No. 3692 - STEPHEN PERRICONE AND VECCHIARELLI. Variance to place proposed dwelling with setback at less than 75' to nearest wet- lands. Lupton Pt. Rd., Mattituck. Appeal. No.3693 - STEPHEN PERRICONE AND DURAZZO. place proposed dwelling with setback at less than 75' lands. Lupton Pt. Rd., Mattituck. Variance to to nearnest wet- Southold Town Board of Appeals -40- October 6, 1988 Regular Meeting (UPDATED REVIEWS, continued:) 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, Southold. (**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 P.B. 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, Southold. 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 Await Co. Health Art. Alfred Skidmore, Esq. - PATRICK STIGLIANI. Main Bayview Road, Southold. 6 action. Area, width and depth variances. (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.) Southold Town Board of Appeals -41- October 6, 1988 Regular Meeting (UPDATED REVIEWS, continued:) 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 sideyards0 S/s Main Road (prev. 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.D.E.C. action, comments or input from Planning Board after review of site plan.) 10/9/84 (~88 Drawer) Appeal No. 3342 - PHILIP Ro 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 & MARIETS'~A .CANALIZO. 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 building for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. (Await scaled floor plans and COO.) Helen Rosenblum, ~8 Drawer) Esq Appeal No. 3426 - GERALD DOROSKI0 Variance for approval of access (280-a). N/s C.R. 48, Peconic. (Await additional information to clarify ROW and P.B. input on pending division abutting premises to the east.) ('88 Drawer) Southold Town Board of Appeals -42- October 6, 1988 Regular Meeting (UPDATED REVIEWS, continued:) Appeal No. 2929 - SAL CAIOLAo Project as proposed is questionable. Status/clarification awaited. N/~ CR 48, Southold. (~8 Drw.) Appeal No. 3183 - ~RY N. CODE. Smith Drive North, Southoldo Proposed reseparation of lots. Await DEC and Planning Board applications to be filed for coordination/action. Appeal No. 3191 - HERBERT ~ANDEL. 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 Noo 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'U-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.) Southold Town Board of Appeals -43- October 6, 1988 Regular Meeting (UPDATED REVIEWS, continued:) 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 proposed dwelling. Awaiting replies to letters to applicant and updated survey information. Appeal No. 3617 - MICHAEL TOFFALIS. Variance rearyard setback. Awaiting response for neighbor CQ~rections and cesspool locations. Incomplete Appeal - THOMAS SAMUELS. Subdivision and retaining wall. Appeal No. 3667 - JOHN MULHOLLAND Addition to dwelling'~thin 75' of wetlands. DEC pending. Appeal No. 3752 VARUJAN ARSLANYAN. Renovate and construct pool. Awaiting map and grading/digging plan. Appeal No. 3746 JOSEPH HARDY. Plumbing storage building. Sideyards. Awaiting Building Dept. and Planning Board input. Appeal NO. 3737 SE JOSEPH HARDY. Plumbing storage building. Sldeyards. Awaiting Building Dept. and Planning Board input. Appeal No. 3775 - ?HE COVE AT SOUTHOLD, INC. Accessory pool and tennis court with 10' high fencing in frontyard area. $/s Bayview Road, Southold. (~wait clarification on screening, etc. ~nder site plan review.) Other Matters: Other Applications were tentatively calendared for the meeting following the October 26, 1988 hearings calendar, ~ provided the information requested was received prior to the advertising deadline: Application of Armando Cappa (Sign). Application of Victor Catalano (Pool and Fence Enclosure). HEARINGS FOR OCTOBER 26, 1988: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the following matters be and hereby are scheduled ~o b~ h~l~ on WEDNESDAY, OCTOBER 26, 1988 for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, and be it further RESOLVED, that Linda Kowalski be and hereby is authorized Southold Town Board of Appeals -44- Oct. 6, 1988 Regular Meeting (HEARINGS CALENDAR FOR 10/26/88, continued:) to advertise notice of same in the L.I. Traveler-Watchman, Inc., the official newspaper of the Town, and the Suffolk Times, Inc.: 7:30 p.m. Appl. No. 3773 GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending 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). 7:40 p.m. Appl. No. 3784 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient front yard setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Southold Town Board of Appeals -45- (Hearings Calendared, continued:) Waters," Southold, Block 3, Lot 8. October 6, 1988 Regular NY; County Tax Map District 1000, Section 87, Meeting 7:45 p.m. Appl. No. 3772 - JOHI~ G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck 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. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAH~A. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use," "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7:55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. 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 10-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. Southold Town Board of Appeals -46- October 6, (Hearings for 10/26, continued:) 8:05 p.m. Appl. No. 3786 - MARION SACCONE. 1988 Regular Meeting Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenpo~t, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762 - ROBERT G. AND DIANNA BAKER. and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988). Bed 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: south Side of Front Street (Route 25), Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 3783SE - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the 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. Appl. No. 3782 - 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. Southold Town Board of Appeals -47- October 6, 1988 Regular Meeting (Hearings for 10/26, continued:) 8:30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Artcil6 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). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Grigonis. (Absent was Member Sawicki, due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. CLARIFICATION/LEGAL OPINION: The Board members were given copies of the Opinion received from the Town Attorney's Office September 27, 1988 concerning the necessity of variances for nonconforming yard setbacks and their permitted expansion. (The Chairman indicated this matter will be discussed in the near future, probably at the November Meeting.) EXECUTIVE SESSION: The Board went briefly into Executive Session to discuss updates on the following pending litigation: Tartan Oil Corp. v. Z.B.A. Being there was no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The Meeting was adjourned at 10:15 p.m.  lnda Kowalski, Secretary Southold Town Board of Appeals ~pproved - 1 47