HomeMy WebLinkAboutZBA-08/18/1988APPEALS BOARD
MEMBERS
GERARD P, GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J.
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71
TELEPHONE (516) 765 1809
MINUTES
REGULAR MEETING
THURSDAY, AUGUST 18, 1988
A Regular Meeting was held by the Southold Town Board of
Appeals on THURSDAY, AUGUST 18, 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 Joseph H. Sawicki, consisting of three of the
four Board Members. Absent was: Serge Doyen, Jr. (critical
family illness). Also present were: Linda Kowalski, Assistant
and Secretary of the Board, and approximately 45 persons in the
audience at the beginning of the meeting. (Mr. Lessard was
absent.)
The Chairman proceeded with the public hearings,
Motion was made by Member Sawicki, seconded by
Goehringer, to waive the reading of the legal notice.
transcripts of these hearings are attached at the end
Minutes for reference:
as follow.
Chairman
Verbatim
of these
7:35 p.m. Appl.
8:00 p.m. Appl.
8:05 p.m. Appl.
9:18 p.m. Appl.
9:21 p.m. Appl.
9:25 p.m. Appl.
9:28 p.m.
9:33 p.m.
9:40 p.m.
No. 3740 CAROL MAGUIRE
No. 3750 SEYMOUR AND MERLE LEVINE
No. 3751 JEAN C. HOLLAND/LONGNECKER
No. 3753 - VINCENT GEROSA
No. 3755 - TIMOTHY COFFEY/THE COVE AT
SOUTHOLD, INC. (Sign)
No. 3756 - HENRY J. SMITH/THE COVE (Sign)
(Hearing was recessed as requested by neighboring
property owner).
Appl. No. 3744 - WILLIAM BAXTER, JR.
Appl. No. 3754 - ANDRE AND THOMAS CYBULSKI
Appl. No. 3766 - WILLIAM TERRACE FARMS, INC.
(Hearing was concluded pending receipt of
additional information concerning action from
the Suffolk County Department of Health
Services).
Southold Town Board of Appeals -2- August 18, 1988 Regular
Meeting
The Board Members and Board Clerk gave formal expression of
their loss of Board Member ROBERT J. DOUGLASS, who has provided
this Board with his outstanding service, personal courage, and
dedication, and the following Resolution was adopted:
RESOLUTION
WHEREAS, this Board has learned with deep sorror of the
death of ROBERT J. DOUGLASS, a most active and highly esteemed
Member of the Southold Town Board of Appeals; and
WHEREAS, in his service to the People of the Town of
Southold as Board Member since August 16, 1978, and prior to 1980
as Acting Chairman, Mr. Douglass distinguished himself as a very
dedicated and conscientious public servant; and
WHEREAS, ROBERT J. DOUGLASS's record of outstanding service,
diligence to duty, and dedication to the Town of Southold and its
People deserves the sincere gratitude of those with whom and for
whom he has served; and
WHEREAS, that the Board of Appeals of the Town of Southold,
who will be deprived of his professional.knowledge and judgment,
hereby wishes to give formal expression of its loss in the death
of ROBERT J. DOUGLASS, a man esteemed by his associates and
respected by all, now, therefore, be it
RESOLVED, that when the Board of Appeals adjourns this day,
it does so out of respect to the memory of ROBERT J. DOUGLASS,
and be it further
RESOLVED, that a copy of this Resolution be spread upon the
Minutes of this Board of Appeals Meeting and a copy be
transmitted to the Family of ROBERT J. DOUGLASS, that we may
extend to them our sincere sympathy.
GERARD Po GOEHRINGER, CHAIRMAN
SERGE J. DOEYN, JR., MEMBER
CHARLES GRIGONIS, JR., MEMBER
JOSEPH H. SAWICKI, MEMBER
LINDA F. KOWALSKI, BOARD ASSISTANT
MARYANN CYBULSKI, OFFICE ASSISTANT.
Southold Town Board of Appeals 3 August 18, 1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Application of GEORGE BORNSCHEIN for Variances to the
Zoning Ordinance, Article III, Section 100-31 for permission to
extend garage located in the frontyard area and attach same to
existing dwelling, and to construct additions to square off rear
of dwelling in excess of maximum-permitted lot coverage
requirement, at premises known as 560 Oak Street, Cutchogue, NY;
Lot #24 and one-half of #25, Map of Eugene Heights; County Tax
Map Parcel No. 1000-136-1-44.
WHEREAS, a public hearing was held and concluded on
July 14, 1988 in the Matter of the Application of
80rn$chein under Appeal No. 3738; 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 Variances from
Article III, Section 100-31 of the Zoning Code for permission
to (a) extend garage and attach same to existing dwelling,
which by becoming part of the principal structure will not meet
the required frontyard setback, lot coverage and sideyards for a
principal structure in this zone district; (b) construct
additions to square off rear of dwelling, which will not meet the
limited 20% lot-coverage requirement for all construction.
2. The subject premises contains a total area of approxi-
mately .10 of an acre, with 37.5 ft. frontage along the east
side of Oak Street, lot depth of 98.6 feet, and frontage along
the ordinary highwater mark of Eugene's Creek.
Southold Town Board of Appeals 4 August 18, 1988 Regular Meeting
(Appl. No. 3738 - BORNSCHEIN decision, continued):
3. This property is identified on the Suffolk County Tax
Maps as District 1000, Section 136, Block 1, Lot 44, is referred
to as Lot ~24 and part of #25 on the Map of Eugene Heights,
Cutchogue, and is improved with a single-family, one-story
dwelling structure and accessory garage, all as shown on the
survey prepared July 6, 1979, by Roderick VanTuyl, P.C.
4. The following information has been furnished by the
property owner for the record:
(a) square footage of lot: 3638 sq. ft;
(b) square footage of existing buildings and deck 1423 sq.
ft.;
(c) percentage of lot coverage proposed 39.1 percent;
(d) square footage of proposed additions, garage 42 sq.
ft., house 93 feet; total 135 feet;
(e) percentage of proposed and existing lot coverage 42.8%.
5. Town records also show the following dimensions of
existing construction: (a) main building 528 sq. ft.; 7 x 15'
extension 105 sq. ft.; garage 16 x 14' 224 sq. ft. {see
assessors property record card}.
6. The accessory garage structure is presently located in
the frontyard area with a setback of 1.5 feet from its nearest
point with the front property line. The main dwelling structure
is set back 22 feet from its closest corner to the front property
line, 3 feet from the south side property line, 9 feet to the
northerly side property line, and approximately 15 feet to the
concrete wall (and 39.5+- feet from the ordinary highwater line
as shown on the July 6, 1979 survey map).
7. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a maximum lot coverage of all buildings to
be 20 percent, requires a minimum frontyard setback at 35 feet or
the average of the established within 300 feet on the same block
and same side of the street, and minimum sideyards at 10 and 15
feet.
8. It is the opinion of the Board that the premises is
substantially nonconforming in these respects as exists today;
however the variances requested in relation thereto are not
substantial. The Board agrees that the applicant's requests are
the minimal necessary to afford relief under the circumstances.
9. In considering this appeal, the Board also finds and
determines:
(a) the practical difficulties are sufficient;
Southold Town Board of Appeals 5 August 18, 1988 Regular Meeting
(b) the property is unique as to its substandard size and
limited front and rear yard areas;
(c)
pursue;
there is no alternative available for appellants to
(d) the relief will not in turn be adverse to the safety,
health, welfare, comfort, convenience or order of the town;
(e) in considering all the above factors, the interests of
justice will be served by granting the relief, as applied and
further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT the relief requested under Appeal No.
3738 in the Matter of the Application of GEORGE BORNSCHEIN for
the attachment and extension of the accessory garage to the
principal dwelling, and squaring off of the corners of the
dwelling, as submitted to this Board, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Two doors, of a size three ft. wide each, or larger, be
placed within the easterly wall of the garage;
2. No further additional construction or saturation;
3. Any further additions shall be permitted if they are at
an upper story and not extending past the building;
4. No further frontyard encroachment for any additional
construction in any manner.
vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk GERARD P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals6 August 18, 1988 Regular Meeting
(Appl. No. 3741 - WHELAN decision, continued):
ACTION OF THE BOARD OF APPEALS
Upon Application of DOUGLAS AND ELIZABETH WHELAN for
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for permission to construct addition with an
insufficient setback at the easterly side of existing dwelling
which has been determined by the Building Inspector to be
frontyard area, at premises known as 1145 Old Harbor Road, New
Suffolk, NY; County Tax Map Parcel No. 1000-117-03-008.
a
WHEREAS, a public hearing was held on July 14, 1988, in the
Matter of the Application of DOUGLAS AND ELIZABETH WHELAN under
Appeal No. 3741; 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, for permission to construct a 10 ft. x 16 ft.
open deck (with railing) along the easterly side of the existing
single-family dwelling structure. The setback requested is 22
feet from the inside line along the right-of-way easement as
shown on the sketched survey amended Septen~ber 23, 1980, prepared
by Roderick VanTuyl, P.C.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 117, Block 3, Lot 8.6.
3. The premises in question contains a total area of
approximately .413 acre(s) and is improved with a single-family
dwelling of a size 25 x 30 plus 9 ft. x 18 ft. addition and
garage of a size 13 x 30 feet.
4. Article III, Section 100-31, Bulk Schedule, of the
Southold Town Board of Appeals 7 August 18, 1988 Regular Meeting
(Appl. No. 3741 - WHELAN decision, continued):
Zoning Code requires a minimum frontyard setback at 35 feet from
the front property line. The present setback of the dwelling
appears to be at 42'5" from the property line along the center
line of the right-of-way and at 32'5" from the westerly line of
the right-of-way easement. The reduction proposed by this
application is from 42'5" to 32'5" from the actual easterly
property line, and from 32' to 22' from the nearest right-of-way.
5. It is the position of this Board that in
considering this application:
(a) the relief requested is not substantial, being a
variance of approximately 10% of the requirement (reduction to 32
feet from the actual property line along the easterly border);
(b) the relief requested is will not alter the
character of the neighborhood;
(c) the difficulties are unique and related to the
property;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(e) in view of the manner in which the difficulties
arose, the interests of justice will be served by granting the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Variance for the construction of an
open deck with partial hip roof with a setback at not less than
32 feet from the easterly property line (at the center of the
right-of-way), or at not less than 22 feet from the nearest
right-of-way line, under Appeal No. 3741 in the Matter of DOUGLAS
AND ELIZABETH WHELAN, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain open and unenclosed, with the
exception of the partial hip roof as proposed herein; the deck
shall not be enclosed or converted into liveable floor area;
2. The deck be of a size of 10 ft. x 16 ft., as proposed
herein, and not be enlarged;
3. Any lighting which may be placed at the premises be
shielded to the property.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Sawicki. (Member Doyen of Fishers Island was absent due to
family illness.) This resolution was duly adopted.
Southold Town Board of Appeals8 August 18, 1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appl. No. 3745.
Upon Application of JOSEPH SPITALIERE/JOHN C.W. CAMPBELL for
a Variance for Approval of Access in accordance with New York
Town Law, Section 280-a over private right-of-way located along
the east side of Cedar Beach Drive (just south of General Wayne
Inn) and extending in an easterly and thence southerly direction
to parcels identified on the Suffolk County Tax Maps as No. 1000-
90-4-14 and 19.
WHEREAS, a public hearing was held on July 14, 1988 in the
Matter of the Application of JOSEPH SPITALIERE under Appl. No.
3745; 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 Approval of Access pursuant
to New York Town Law, Section 280A, over a private right-of-way
extending from the east side of Cedar Beach Drive (just south of
General Wayne Inn) and extending in an easterly direction 724.52
feet, thence in a curve (radius 114.57 ft.), and running thence
southerly 150 feet, more or less, to the subject lots.
2. The vacant lots to which is access is requested are
identified on the Map of "Cedar Beach Park" filed December 20,
1927 Map No. 90, as Lots 042 and 044, and on the Suffolk County
Tax Maps as District 1000, Section 90, Block 4, Lots 19 and 14,
respectively.
3. This application does not reflect a formal request for
access to any other lots in this vicinity, and this determination
is made on the basis of two additional (new) dwellings on both
the subject lots.
Southold Town Board of Appeals9 August 18, 1988 Regular Meeting
(Appl. NO. 3745 - SPITALIERE decision, continued):
4. Upon inspection of the right-of-way in question, it has
been found that most of the presently traveled portion is at a
width of 8-10 feet and the base is in fair condition with some
depressions and potholes. The end portion nearest Lot #42 is
heavily wooded. (See both topographical maps prepared by R.J.
Mavrikakis, Land Surveyor, Hauppauge, NY, lastly revised
June 18, 1988, submitted for the record.)
5. It is the opinion of the Board Members that the
right-of-way is in need of repair, resurfacing and placement of
stone blend, as further noted below.
In considering this application, the Board finds: (a) that
the relief requested is necessary; (b) the grant of the relief
requested will not cause a substantial effect or detriment to
adjoining properties; (c) the circumstances of this appeal are
unique to the property; (d) the practical difficulties are
sufficient; (e) the~e is no other method feasible for appellant
to pursue, other than a variance; (f) 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
conditional variance, as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT approval of access to Lots #42 and #44 of
the "Map of Cedar Beach Park" filed December 20, 1927, identified
on the Suffolk County Tax Maps as District 1000, Section 90,
Block 4, Lots 14 and 19, respectively, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That all potholes and depressions be filled and
compacted with bankrun, and leveled;
2. That the entire length of the right-of-way be cleared to
a minimum width of 12 feet and height of 14 feet;
3. That the entire length of the right-of-way be resurfaced
with two-inches (2") of stone blend for a width of 8-10 feet,
except that the wooded portion of the right-of-way near the end
(close to Lot #42) may be resurfaced to a width of eight feet.
Southold Town Board of Appeal~0 August 18, 1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3735:
At a Meeting of the Zoning Board of Appeals held on
July 14, 1988, the above appeal was considered, and the Action
indicated below was taken on your Request for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2A:
Upon application of DINO AND LYNN ROSSINI for a Variance to
the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to construct deck addition, landing and stairs near
and along bluff of the L.I. Sound, at premises known as 755
Soundview Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-94-1-6.
WHEREAS, a public hearing was held and concluded on
July 14, 1988 in the Matter of the Application of DINO AND LYNN
ROSSINI under Appeal No. 3735; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 94, Block 1, Lot 6, and
is a described parcel of land containing a total area of
approximately 40,000 sq. ft. with frontage of 100.56 feet along
the north side of Sound View Avenue, depth of 364.0 feet, and
frontage along the Long Island Sound mean highwater mark of 99.13
feet.
2. The subject premises is improved with a single-family,
one-story framed house as more particularly shown on the copy of
a 1981 survey prepared by Robert A. Kart, Land Surveyor.
Southold Town Board of Appeals l~ugust 18, 1988 Regular Meeting
3. By this application, appellants propose to construct
accessory stairs and platform structures as shown by the sketch
submitted, extending from the area of the existing deck at the
rear of the dwelling, along the bluff toward the bulkhead at the
bottom of the bluff.
4. Article XI, Section 100-119.2, subparagraph A(1)
requires all buildings and structures proposed on lots adjacent
to the Long Island Sound to be set back not less than one-hundred
(100) feet from the top of the bluff, or bank. No other sections
of the Zoning Code appears to provide for the type of
construction proposed herein, with the exception of 100-119.2A.
5. In considering this appeal, the Board finds and
determines: (a) the activities required for the placement of
this structure will be constructed on piers without disturbance
to the vegetation of the bluff or be adverse to the character of
the immediate area; (b) the percentage of relief in relation
to the requirement is substantial; however, there is no other
alternative for appellants to pursue other than a variance; (c)
the practical difficulties are related to the land and are not
personal in nature; (d) the grant of this variance will not in
turn be adverse to the safety, health, welfare, comfort,
convenience, or order of the town; (e) in considering all the
above factors, the interests of justice will be served by
granting the application, as conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from Article XI, Section
100-119.2A of the Zoning Code for the placement of an accessory
stairway and platform in the Matter of
Appeal No. 3735 - DINO AND LYNN ROSSINI, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Stairs must be detached from the top platform (although
it may be near same - not physically attached);
2. Deck platform and all related construction must remain
open and unroofed (except for railings);
3. Structures must be constructed in the best way possible
to avoid disturbance to the existing vegetation within this bluff
and immediate surrounding area;
4. Area around the "stringers" or poles which will hold the
stairs must be replanted, if necessary, with additional ground
cover as recommended by the N.Y.S. Department of Environmental
Conservation (and Suffolk County Soil and Water Conservation
District);
5. The soil areas shall not be disturbed, except for the
placement of the poles (piers) necessary for safe construction.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and
Sawicki. (Member Doyen was absent due to weather conditions.)
This resolution was duly adopted.
Southold Town Board of Appealsl3~ugust 18, 1988 Regular Meeting
(Appl. No. 3745 SPITALIERE decision, continued):
4. That the right-of-way be continuously maintained in good
condition (at all times).
5. Final inspection to be made by this Board (or an
authorized representative of this Board.
6. That there be no disturbance to wetlands in the area.
7. That the improvements required herein may be constructed
at any time up until and before the issuance of a Certificate of
Occupancy for either newly proposed dwelling structure.
Vote of the Board: Ayes Messrs. Goehringer, Grigonis and
Sawicki. (Member Doyen of Fishers Island was absent.) This
resolution was duly adopted.
ENVIRONMENTAL DECLARATIONS: * On*motion by
Member Sawicki, seconded by Member Goehringer, it was
RESOLVED, to declare the following Environmental Declarations in
accordance with the requirements of the New York State Environmental
Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of
Southold:
(continued on next page)
Southold Town Board of Appeals 14 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3740
PROJECT NA~:
CAROL MAGUIRE
This notice is issued pursuant to Part 617 of the implementinq
regulations pertaining to Article 8 of th~ 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 s~qnifi- ..
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 [ ]
DESCRIPTION OF ACTION:Placement'of accessory building i~ area other
than rearyard and placement'of fence in frontyard in excess of four,feet
LOCATION OF PROJECT: Town of Southold~ County of, Suffolk, more
particularly knQwn as: 2500 Nassau Point Rqad, Cut~hogue
104-12-14.1
REASON(S) SUPPORTING THIS DETER~IINATION:
(1) An Environmental Assessment in the short form has been
~bmitted 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/
Southold Town Board of Appeals 15 Aug. 18, 1988 Regular ~eeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3750
PROJECT NA~: SEYMOUR AND MERLE LEVINE
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of thp 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 si~gnifi
cant adverse_~ffect on the environment for the reasons indicated
below.
Please take further notice that this declaration shouid 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 [ ]
DESCRIPTION OF ACTION: Placement of accessory building.in' area
other than the rearyard
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, ~ore
particularly known as: 460 Private R~ad #8, East_Marion, .NY
REASON(S) SUPPORTING THIS DETE~%~INATION:
(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 b~
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals 16 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3751
PROJECT NA~: JEAN C. HOLLAND/LONGNECKER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of th~ 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 sz~nifi-
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:
DESCRIPTION OF ACTION:
insufficient area and width.
LOCATION OF PROJECT: Town of Southold~ County of Suf~o~dmore
particularly known as: Sunset Road, Beach.Lane an~ LoWlan ,
Cutchogue, NY 111-10-18, 1 and 2
· [X] Type II [ ] Unlisted [ ]
Approval'of proposed Parcels A and. B havin~
REASON(S) SUPPORTING THIS DETE~%~INATION:
(1) An Environmental Assessment in the short fcrm has b~en
~bmitted 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 17 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determinstion of Non-Significance
APPEAL NO.: 3753
PROJECT NA~: VINCENT GEROSA
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of thp N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southoldo
This board determines the within project not to have a signifi-
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination'made for any other department or agency
which may also have an application pending for the same or similar
project. .. .
TYPE OF ACTION: · k~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Construe{ additions to existing dwelling
with an insufficient setback from top of bank/bluff along L.I. Sound
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk, more
particularly known as: 315 Aquaview Avenue,. East ~arion, NY
21-2-3
REASON(S) SUPPORTING THIS DETE~~INATION:
(1) An Environmental Assessment in the short form has b~en
j~bmitted 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 18 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.QoR.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance~
APPEAL NO.: 3755SE
PROJECT NAME: TIMOTHY COFFEY AND' THE COVE ~T SOUTHOLD, 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.
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: [ j Type II [ ] Unlisted ~ ] Exempt
DESCRIPTION OF ACTION: Permission to erect off-premises-directional
sign.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: S/s Main Road, Southold, NY_
75-6-7.3
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) Involves no substantial change to existing building or
premises.
~outhold Town Board of Appeals 19 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance-
APPEAL NO.: 3756
PROJECT NAME: HENRY J. SMITH AND THE COVE AT SO[JTHOLD, 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 IX] Exempt
DESCRIPTION OF ACTION: Permission to erect an off-premises-
directional sign.
LOCATION OF PROJECT:
particularly known as:
70-7-7
Town of Southold, County of, Suffolk,
S/s Main Road, So~thold,.NY ·
more
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) Involves no substantial change to existing building Or
premises
Southold Town Board of Appeals 20 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.O.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.:3744
PROJECT NA~: WILLIAM B~XTER, JR.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of thp 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 sz~nifi-
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 similhr
project.
TYPE OF ACTION: IX] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:ApproVal'of insufficient-area and-width of''
lot in a proposed set-off to be considered by the Planning Board.
LOCATION OF PROJECT: Town of Southoldl County of Suffolk, more
particularly known as: Private ROW off N/s.Oregon _Rd.,'Cutchogue
72-2-2.1 and 3
REASON(S) SUPPORTING THIS DETE~%~INATION:
(1) An Environmental Assessment in the short form has been
~ubmitted 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 Construction
as regualted by Section 617.13, 6 NYCRR, SEQRA
~outhold Town Board of Appeals 21 Aug. 18, 1988 Regular Meeting
(EnviroNmental Declarations, Continued: )
S.E.QoR.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance'
APPEAL NO.: 3754
PROJECT NAME: ANDRE AND THOMAS
This notice is issued pursuant to Part 617 of the mplement~nq
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: Utilize'existing barns for storage-of general
items (instead of agricultural storage) and use existing driveway as an
alternative for access.
LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more
particularly known as: W/s Depot Lane, Cut~hogue, ~Y
96-5-1.2 and p/o 1.1
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Involves no substantial change to existing buildings or
premises.
Southold Town Board of Appeals 22 Aug. 18, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.:
PROJECT NA~:
3766
WILLOW TERRACE FARMS, INC.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of th~ 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 sz~nifi-
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 [ ]
DESCRIPTION OF ACTION: Insuffieient area ~ Lots 17, 18, '19 and ~0
LOCATION OF PROJECT:
particularly known as:
26-2-39.1
Town of Southold~
Major's Pond Road,
County of. Suffolk, more
Orient, NY
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has b~en
~bmitted which indicates that no significant adverse effects to
the environment are likely to occur sheuld this project be imple-
mented as planned;
(2) The relief requested is not directly re~ated to new con-
struction as regulated by Section 617.13 for a lot-line or area variance.
Southold Town Board of Appeals -23- August 18, 1988 Regular
Meeting
INTERPRETATION REQUEST: The Board reviewed
the recent request of Town Attorney James
concerning the need for site plan approval
buildingsin zoning districts except A.
and discussed
A. Schondebare
for accessory
It is the position of the Town Attorney's Office that any
building to be constructed, in all districts except A-R require
site plan approval regardless if the proposed building is called
principal or accessory and regardless of the use for the proposed
building. The Building Department has taken the position, he
believes, that an accessory building needs site plan approval if
the use of the proposed building is the same as contained in the
prinoipal building; however, if the use of the proposed building
is to be accessory to primary use, then a site plan is not
required. A final determination from the ZBA is requested at
this time.
This Board's position is that accessory uses (either in a
principal building or in an accessory building) do not permit any
"service" or "sales" activities, even though the establishment
which exists may require such similar activities. Such "active"
uses must be considered as part of a principal use (i.e.
expansion, secondary use, etc.), regardless of whether they are
an addition to the principal building or a separate, unattached
accessory building. It is obvious that a circumvention of the
zoning regulations could easily take place if one were permitted
to construct accessory buildings in lieu of an addition to the
main building. It is imperative to request the type of
activities or storage to take place within the proposed
construction. A tool shed for dead storage or a fence are types
of accessory structures. A building in which minor tire repairs
or other services will be conducted is not an accessory use (but
rather one of the activities conducted under a principal use).
The Zoning Code relating to Accessory Uses in these several
Zone Districts do not have provisions for the location of such
Accessory uses, except that under 100-63, all uses in the B
Districts must be in enclosed buildings (no outside storage).
Section 100-63 could categorize more than one principal building
with either a principal, or principal and accessory uses, with
site-plan approval from the Planning Board. (There is presently
no provision permitted an accessory building to be occupied by a
principal use.)
With reference to the requirement of site-plan review by the
Planning Board, it is our position that site-plan approval must
be required for all Zone Districts, with the exception of the "A"
Zone, particularly for the following reasons:
Southold Town Board of Appeals -24- August 18, 1988 Regular
Meeting
(Interpretation, continued:)
1. The construction of additional separate buildings
eliminate the presently used parking or screening areas;
may
2. The use of the buildings must be furnished and listed on the
site-plan maps, and a determination as to the need to create
improved off-street parking spaces, on-site loading areas, add
drainage facilities, improve access and maneuverability, pursuant
to the requirements of Article XI, General Regulations, of the
Zoning Code (which is distinctive and separate from Article XIII
of the Zoning Code).
It does appear that as an alternative to a full site-plan
process, a waiver could be applied for and granted by the Town
Planning Board if it finds that the project proposed will not
adversely affect the site, surrounding neighborhood, general
aesthetics, traffic patterns, and accordingly prescribe
appropriate conditions and safeguards.
Furthermore, it is the opinion of this Board that in light of the
fact that yard setbacks have not been stipulated differently than
those setbacks applicable to principal buildings and principal
uses, the same setbacks should apply to ancillary buildings as to
front, side and rear yard setbacks. It should be noted that an
ancillary building for dead storage would be permitted to be
located in the rearyard under this proviso.
Motion was made by Chairman Goehringer, seconded by Member
Grigonis, to send the above response in writing to the Town
Attorney's Office. This resolution was unanimously adopted.
Southold Town Board of Appeals -24- August 18, 1988
Regular Meeting
CLARIFICATION: Board Assistant Linda Kowalski advised that
Building Inspector Curt Horton asked for clarification on the prior
interpretation with references to garages attached to principal
dwellings. The previous interpretation was initiated pursuant to a
hypothetical-case request of Mr. Lessard for the Building Department
concerning those garages situated in Pebble Beach Development. Pebble
Beach Development had stipulations restricting the locations for
garages, and the Building Inspector was not sure if in each of the
situations, whether the garages were to be considered part of the main
dwelling or accessory structures in the front yard. In responding to
this request, the Board indicated that:
...such a garage structure shall be considered part of the
main principal dwelling if either of the two following types
of construction are used to connect same to the principal
dwelling:
1. Roof having a minimum width of six to eight feet connected
to the principal dwelling, OR
2. Deck having a minimum width of six to eight feet and at
least eight inches above ground, connected to the
principal dwelling.
The Building Inspector also asked for clarification on the term
"one-dwelling unit" and use of an attached garage as additional
area.
living
On motion by Mr. Goehringer, seconded by Mr. Sawicki, the following
response was authorized and directed to be sent to the Southold Town
Building Department:
You have asked for a clarification of our previous interpretation which
addressed the permissible attachment of a garage to a principal dwelling
without same violating the required rearyard location, and our previous
interpretation of a "one Dwelling Unit," (copies attached).
The May 3, 1983 Interpretation would permit the accessory garage floor
area to be physically attached as though it were part of the principal
building for the purposes of yard locations on substandard-sized
parcels. This must not be construed to permit an additional living
unit, and as you know, our Code precludes more than one kitchen and/or
cooking facility in a dwelling, regardless of whether it is detached or
connected to the principal dwelling structure.
A plan submitted through you office which shows intent to construct
living area connected only by a roof, deck, wall or similar attachment,
and more than 18 feet from the principal dwelling (and/or proposes a
plumbing facility for a second kitchen or cooking area) must be denied.
The Board asks that copies of this determination be distributed to all
other Building Inspectors, and that a copy be furnished with the Office
of the Town Attorney.
Vote of the Board: Ayes: Ail.
Southold Town Board of Appeals -25- August 18, 1988 Regular
Meeting
UPDATE/PENDING APPLICATION: Appeal No. 3757 - John C.
Chobor/George Ho Lamb. Location of Property: Fishers Island.
The Chairman indicated that a legal opinion was sought from the Town
Attorney concerning the "single-and-separate" requirement before
proceeding with this setback application.
UPDATE/PENDING APPLICATION: Appl. No. 3747SE and 3746V.
JOSEPH HARDY AND OTHERS. CTM 91000-114-11-5. B-1 General Business Zone
District.
The Board acknowledged receipt of the recent transmittals from
Rudolph B. Bruer, Esq. concerning this matter, and indicated that two
prints of a building plan showing the floor layout and story height will
be needed to complete each file, together with a copy of a Certificate
of Occupancy for the rear building. The Board authorized and directed
referral of the above file to the Building Department requesting a
"preliminary review" by the Building Inspector to ascertain compliance
with all other areas under the zoning code, including but not limited to:
a. increase in the number of permitted uses on this .50-acre
parcel, from two retail stores and one dwelling use to five principal
uses, particularly when including the pet-grooming business and the
proposed principal wholesale plumbing-storage and plumbing office,
(100-62), and
b. confirmation as to compliance of all buildings, structures
uses as exist, particularly with reference to the rear building
(information was not available from the Assessors Records as to the
issuance of a building permit or Certificate of Occupancy.).
and
This matter was not calendared for a public hearing or advertisement in
the official newspapers of the Town at this time.
REFERRALS FOR REVIEW REQUESTED BY TOWN BOARD: The Board Members
were provided with copies of the Town Board's referrals, and Board
Assistant Linda Kowalski indicated that the Building Department and
Planning Board files concerning these referrals have not yet been
furnished for our office. Mrs. Kowalski confirmed that office research
of Assessment and other historical data has been commenced and further
research is continuing.
Southold Town Board of Appeals -26- August 18, 1988 Regular Meeting
OTHER UPDATES/PENDING APPLICATIONS:
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.) (~8 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.D.EoC. 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 5/2~/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 ~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 LESNIKOWSKIo 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 C.O.) Helen Rosenblum,
~8 Drawer)
Esq
Appeal No. 3426 - GERALD DOROSKI. 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)
Southold Town Board of Appeals -27- August 18, 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 - MARY 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 MANDEL. 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.) 488 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.)
Southold Town Board of Appeals -28- August 18, 1988 Regular Meeting
OTHER UPDATES/PENDING APPLICATIONS:
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 - PATRICK STIGLIANI. 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.)
Appeal No. 3556 - EUGENE & ~qN BURGER. Variance for deed with
insufficent setback from wetlands along Little Creek. 2515 Pine
Tree Road, Cutchogue. Await C.O. and exact setback requested from
nearest wetlands.
Southold Town Board of Appeals -29- August 18, 1988 Regular Meeting
OTHER UPDATES/PENDING APPLICATIONS:
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 SC~ROEDER. 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 ~ith setback at less than 75' to nearest wet-
lands. Lupton Pt. Rd., Mattituck.
Appeal. No.3693 - STEPHEN PERRICONE AND DURAZZO. Variance to
place proposed dwelling with setback at less than 75' to nearnest wet-
lands. Lupton Pt. Rd., Mattituck.
Appeal i(~ncomplete) for LOIS & FRANK THORP. E/s of West Lane and S/s
North Lane (private), off the E/s of Orchard Lane, East Marion. Variances
for approval of insufficient area, width, depth, etc. of lots in pending
division. (**Await Notice of Disapproval after application to Building
Dept.,(1988 drawerlreissuance of filing fee, postmarked certified-mail rece~t~ e~c'~
Southold Town Board of Appeals -30- August 18, 1988 Regular Meeting
OTHER UPDATES/PENDING APPLICATIONS:
Appeal No. 3739 - JOHN BEEBE. Variances for insufficent
area and width in this proposed division with single-family
dwelling use upon each parcel. Additional info on history of
existing nonconformities needed to be furnished a~d/or further
reaearched. Lot as exists shown on Major Subdivision Map of
John Beebe (pre-1957).
Appeal No. 3734 - KATHRYN FLEET. Await single and separate
title search concerning conveyances between January 1957 and
May ]988.
Appeal No. 3757 - JOHN CHOBOR, JR. Variance for insufficent
front and side yard setbacks for proposed dwelling. Awaiting
replies to letters to applicant and town attorney.
Appeal No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variance
for area and width set-off. Awaiting reply to letters requesting
additional materials.
Appeal No. 3617 - MICHAEL TOFFALIS. Variance rearyard setback.
Awaiting response for neighbor corrections and cesspool locations.
Incomplete Appeal - THOMAS SAMUELS. Subdivision and
retaining wall.
Appeal No. 3667 - JOHN MULHOLLAND. Addition to dwelling
within 75' 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 Bldg.
Sideyards. Awaiting Building Dept. and Planning Board input.
Appeal No. 3737SE - JOSEPH HARDY. Plumbing Storage Bldg.
Sideyards. Awaiting Building Dept. and Planning Board input.
Southold Town Board of Appeals -31- August 18, 1988 Regular
Meeting
UPDATE: Appl. No. 3445 - JULIUS ZEBROSKI. The Board acknowledged
receipt of conuuunications with enclosures from Paul A. Caminiti, Esq.,
Attorney for Mr. Zebroski concerning the history of conveyances of these
premises located at Waterview Drive and Bayview Road, Southold.
1000-78-7-32.7.
10:30 p.m. EXECUTIVE SESSION. The Board concluded the Regular portion
of the Meeting and discussed pending litigation and updates on the
following matters:
Tartan Oil Co.
Charles Zahra.
There being no other business properly coming to the Board at this time,
the Chairman declared the meeting adjourned. The meeting was adjourned
at 10:45 o'clock p.m.
Respectfully submitted,
Linda F. KoWalski, Secretary
Southold Town Board of Appeals
ATTACHMENTS: Original Transcripts of Hearings held 8/18/88
prepared by Nadia Moore from electronically-recorded tapes
for reference.
RECEIVED AND FILED BY
THE SOUTHOLD To~i'N CT r~i
DATE /c/~7~ ( HOUR % :/£F.~ .
Town Clexk, Town ot cc.~n~ ~