HomeMy WebLinkAboutZBA-07/14/1988Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llgT1
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
MINUTES
REGULAR MEETING
THURSDAY, JULY 14, 1988
A Reau]ar Meeting was held by the Southold Town Board of
Appeals oH THURSDAY, JULY 14, 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; Member
Robert J. Douglass; Member Charles Grigonis, Jr.; and Member
Joseph H. Sawicki. Absent was: Member Doyen, of Fishers
Island, due to serious family illness. Also present was Linda
Kowalski, Board Secretary-Clerk.
The Chairman opened the meeting at 7:30 p.m. and proceeded
with the public hearings, noted as follows:
7:30 p.m. Appl. No. 3733 - ESME AND NICHOLAS LAGUDIS.
7:35 p.m. Appl. No. 3735 - DINO AND LYNN ROSSINI.
7:43 p.m. Appl. No. 3736 - JOHN R. SCHREYER.
7:49 p.m. Appl. No. 3738 - GEORGE BORNSCHEIN.
7:55 p.m. Appl. No. 3743 - NORTH FORK GREEK COMMUNITY
ASSOCIATION, INC.
8:00 p.m. Appl. No. 3737 - JOHN AND JOAN POLYWODA.
8:05 p.m. Appl. No. 3741 - DOUGLAS AND ELIZABETH WHELAN.
8:05 p.m. Appl. No. 3748 - JAMES AND ELAINE KELEMBELIDIS.
8:10 p.m. Appl. No. 3742 - OLIVER CAMPBELL.
8:27 p.m. Appl. No. 3745 - JOSEPH SPITALIERE/JOHN C.W.
CAMPBELL
8:35 p.m. Appl. No. 3749 - STERLING IDEA VENTURES.
Copies of
reference.
all the above hearing transcripts are attached for
DELIBERATIONS/DECISIONS: The Board proceeded with the
following decisions, after deliberations:
Southold Town B~rd of Appeals
2 July 14, 1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Appeal No. 3733:
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 ESME AND NICHOLAS LAGUDIS for a Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to locate accessory (gazebo) structure within 100 feet
of the top of the bluff along the L.I. Sound, at premises known
as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East
Marion, NY; County Tax Map Parcel No. 1000-30-2-84.
WHEREAS, a public hearing was held and concluded on
July 14, 1988 in the Matter of the Application of ESME AND
NICHOLAS LAGUDIS under Appeal No. 3733; 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 30, Block 2, Lot 84, is
known as Subdivision Lot ~129 as shown on the Pebble Beach Farms,
Inc. Subdivision Map.
2. The subject premises contains a total area of
approximately 25,800 sq. ft. and is improved with a
single-family, one-story framed house with garage as more
particularly shown on the June 28, 1983 survey prepared by Young
and Young, L.So (No. 82-614).
Southold Town Board of Appeals 3 July 14, 1988 Regular Meeting
(App1. No. 3733 - LAGUDIS, decision, continued:)
3. By this application, appellants propose to place an
accessory gazebo structure, ten feet in diameter, a distance of
12 feet from the tie line of the average line of bluff.
4. The proposed gazebo will not have electric or other
utilities, is to remain and unenclosed, is not to exceed 13 feet
in height, and there will be no disturbance to the area between
the bluff and the house since the gazebo will be placed upon the
ground and not upon a full foundation.
5. Article XI, Section 100-119.2, subparagraph A(1)
requires all buildings 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.
6. In considering this appeal, the Board finds and
determines: (a) the activities required for the placement of
this gazebo structure will not disturb 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,
the parcel is substandard in size which lends to the uniqueness
of this case; (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) there
is no other method feasible for appellants to pursue, other than
a variance; (f) in considering all the above factors, the
interests of justice will be served by granting the application,
as applied for.
Accordingly, on motion by Mr. Goehringer, 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
gazebo structure as applied in the Matter of
Appeal No. 3733 - ESME AND NICHOLAS LAGUDIS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent due to weather
conditions.) This resolution was duly adopted.
Southold Tow~ Board of Appeals
4 July 14, 1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Upon Application of JOHN R. SCHREYER for a Variance to
the Zoning Ordinance, Article XI, Section 100-119.2B for
permission to construct deck addition within 75 feet of existing
bulkhead along Peconic Bay, at premises known as 160 Blue Marlin
Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County
Tax Map Parcel No. 1000-56-7-20.
WHEREAS, a public hearing was held on July 14, 1988, in the
Matter of the Application of JOHN R. SCHREYER under Appeal No.
3736; 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 permission to
construct deck addition with a setback of approximately 52 feet
at its closest point from the existing bulkhead and as more
particularly shown on the sketch submitted with this application.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 56, Block 7, Lot 20.
3. The premises in question contains a total area of .46
acre(s) with 100 ft. frontage along the south side of Blue Marlin
Drive in the Hamlet of Greenport, is known as Lot ~2 on the
Subdivision Map of Southold Shores, and is improved with a
single-family dwelling, presently set back at 76 feet from the
tie line along Peconic Bay, and approximately 72 feet from the
existing bulkhead (at its closest points).
SOuthold Town Board of Appeals 5 July 14, 1988 Regular Meeting
4. Article XI, Section 100-119.2B of the Zoning Code (as
amended) requires all buildings or structures proposed on lots
upon which a bulkhead, concrete wall, rip-rap or similar
structure exists and which is adjacent to tidal water bodies
other than Sounds shall be set back not less than seventy-five
(75) feet from the bulkhead.
5. on-site inspections find that the immediate area of this
neighborhood does consist of other substandard parcels improved
with structures with similar setbacks from the bulkhead and Bay;
6. It is the position of this Board that:
(a) the relief as granted herein is not out of character
with the immediate general area;
(b) the relief requested is not substantial in relation to
the requirements;
(c) the practical difficulties are related to the
uniqueness of 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) there is no other method feasible for appellant to
pursue;
(f) in considering the above factors, the interests of
justice will be served by granting the relief, as requested.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance under Article XI, Section
100-119.2B (as amended) in the Matter of the Application for JOHN
R. SCHREYER under Appl. No. 3736, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the deck addition be constructed as requested;
2. That the deck not be enclosed;
3. Any proposed lighting must be shielded to the property.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
~Southold Town Board of Appeals 6 July 14, 1988 Regular Meeting
(Public Hearing - Appl. No. 37~3 -~NORTH FORK GREEN COMM. ASSN, cont'd.)
(The hearing was concluded.)
DELIBERATIONS/DECISION: Appl. No. 3743-SE:
Application of NORTH FORK GREEK COM~I~NITY ASSOCIATION, INC.
for a Special Exception to the Zoning Ordinance, Article III,
Section 100-30B for permission to expand building for a Place of
Worship at premises known as 1950 Luthers Road, Mattituck, NY;
County Tax Map Parcel No. 1000-106-9-6.1.
WHEREAS, a public hearing was held and concluded on
Thursday, July 14, 1988 in the Matter of the Application
No. 3743; 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 ? July 14, 1988 Regular Meeting
1. This is an application pursuant to the requirements of
Article III, Section 100-30B for a Special Exception in the
proposal to expand the existing Place of Worship use (presently
occupied by the Church of Transfiguration of Christ) as more
particularly shown on proposed Site Plan prepared by Gordon A.
Ahlers, P.E. dated May 23, 1988, and described in floor plans
dated May 21, 1987.
2. The premises is located along the east side of Luthers
Road in the Hamlet of Mattituck, Town of Southold, and is more
particularly identified on the Suffolk County Tax Maps as Dis-
trict 1000, Section 106, Block 9, Lot 6.1, containing 2.9430
acres.
3. The subject premises is located in the Residential and
Agricultural Zoning District.
4. The expansion of the floor area is requested in the
amount of 2646.34 sq. ft. The setbacks proposed with the addi-
tion are 26.1 feet from the northerly side property line and
62.67 feet from the westerly front property line. The remain-
ing two yard setbacks are substantially more than the
requirements at more than 160 feet from the east line and at
28 feet, approximately, from the southerly line (inclusive of
stoop areas).
5. It is noted for the record that by letter dated June 21,
1988, the Southold Town Planning Board would approve revised maps
showing street trees and draining plans in accordance with
Article XIII of the Zoning Code.
6. 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.
7. The Board has also considered subsections (a) through
(1) of Article XII, Section 100-121C(2) of the Zoning Code in
making this determination.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Special Exception as applied in the
Matter of Application No. 3647 - NORTH FORK GREEK COMMUNITY
ASSOCIATION, INC. for expansion of its existing building as a
Place of Worship incidental to its existing use.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town Board of Appeals 8 July 14, 1988 Regular Meeting
(Appl. No. 3737 - POLYWODA decision:)
ACTION OF THE BOARD OF APPEALS
Application ~f JOHN AND JOAN POLYWODA for a Variance to
the Zoning Ordinance, Article VII, Section 100-71 to construct
11'6" x 36' addition (for storage) with an insufficient sideyard
setback at the westerly yard area, at premises known as 55560
Main Road and 20 Hobart Road, Southold, NY; County Tax Map
Parcel No. 1000-62-3-2. B-1 Zone District.
WHEREAS, a public hearing was held and concluded on
July 14, 1988 in the Matter of the Application of JOHN AND JOAN
POLYWODA under Appeal No. 3737; 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, appellants request a Variance from
Article VII, Section 100-71 of the Zoning Code for permission to
construct an addition to the existing building for the purpose of
storing empty bottles and cans (required under the N.Y.S. Bottle
Bill). The addition is proposed of a size 11'6" x 36' and is to
be set back not closer than 20 feet from the westerly property
line as shown on site plan prepared by Peconic Surveyors and
Engineers, P.C. dated October 28, 1987.
2. The subject premises contains a total area of approxi-
mately .25 of an acre, with 71.27 ft. frontage along the south
side of the Main Road and 125 ft. frontage along the west side of
Hobart Avenue, in the Hamlet and Town of Southold. This property
is identified on the Suffolk County Tax Maps as District 1000,
Section 62, Block 3, Lot 2.
Southold Town Board of Appeals 9 July 14, 1988 Regular Meeting
(Appl. No. 3737 - POLYWODA decision:)
3. The lot in question is located in the "B-i" General
Business Zoning District, and an application is pending as
required by Articles VII and XIII of the Zoning Code for
site-plan approval before the Town Planning Board.
4. Article VII, Section 100-71, Bulk Schedule, of the
Zoning Code requires a minimum sideyard setback to be 25 feet.
The percentage of relief requested by this application is not in
the Board's opinion substantial, with a reduction of 4.2-feet
from the existing construction.
5. It is the position of this Board that:
(a) the relief as requested is the minimal necessary and is
not substantial in relation to the zoning.requirement;
(b) the practical difficulties are sufficient;
(c) the property is unique as to its substandard size and
limited front and rear yard areas;
(d) there is no alternative available for appellants to
pursue;
(e) the relief will not in turn be adverse to the safety,
health, welfare, comfort, convenience or order of the town;
(f) 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. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
VII, Section 100-71, Bulk Schedule, of the Zoning Code for
permission to construct addition for storage purposes with an
insufficient sideyard setback, in the Matter of the Application
of JOH~ AND JOAN POLYWODA, Appl. No..3737, SUBJECT TO THE
FOLLOWING CONDITION:
Proper screening and drainage under Site-plan approval
from the Planning Board as required by Articles VII and XIII of
the Zoning Code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town B,oard of Appeals ]0 July 14, 1988 Regular Meeting
DELIBERaTIONS/DECISION: Appeal No. 3748.
ACTION OF THE BOARD OF APPEALS
Upon Application of JAMES AND ELAINE KELEMBELIDIS for a
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for permission to extend deck with an insufficient
rearyard setback, at premises known as 395 Dogwood Lane,
Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1.
WHEREAS, a public hearing was held on July 14, 1988, in the
Matter of the Application of JAMES AND ELAINE KELEMBELIDIS under
Appeal No. 3748; 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 guestion, 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 of the Zoning
Code for permission to extend an open, unroofed deck by an
additional 17 feet (and variables to less than 17 feet) at the
rear of the existing single-family dwelling structure and leaving
an insufficient rearyard setback at 18 feet. The total depth of
the open deck construction with replacement is 21 feet (17 ft.
extension plus four ft. existing).
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 54, Block 5, Lot 28.1.
3. The subject premises contains a total lot area of
approximately .25 of an acre with 125.0 ft. frontage along the
west side of Dogwood Lane, Southold, NY, and is improved with a
single-family, two-story frame dwelling with attached garage as
more particularly shown on the June 22, 1987 survey prepared by
Young & Young, L.S.
Southold Town Board of Appeals ]] July 14, 1988 Regular Meeting
(Appl. No. 3748 - KELEMBELIDIS decision, continued:)
4. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum rearyard setback to be 35 feet.
The percentage of relief requested by this application is in the
Board's opinion substantial, with a reduction of 21 feet (inclu-
sive of the previously-existing deck construction). The deck
construction shown on the June 22, 1987 sketched map was
previously set back at 34.4 (exclusive of step area); the new
deck construction is proposed to be set back at 18 feet. The
total variance requested is 17 feet within this Board's juris-
diction.
5. It is the position of this Board that:
(a) the relief as requested is not the minimal necessary
and is substantial in relation to the zoning requirement;
(b)
unique;
the practical difficulties are self-created and are not
(c) the property is unique as to its substandard size and
limited front and rear yard area;
(d) there is an alternative available for appellants to
pursue for minimal relief and further noted below;
(e) the relief as alternatively granted will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town;
(f) in considering all the above factors, the interests of
justice will be served by granting alternative relief, as further
noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from the Provisions of Article
III, Section 100-31, Bulk Schedule, of the Zoning Code for
permission to construction open deck with an insufficient
rearyard setback, in the Matter of the Application of JAMES AND
ELAINE KELEMBELIDIS, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the setback of the new deck construction be not
less than 20 feet at its closest point and setback variables at
less than 20 feet (see design sketch submitted with the subject
application);
Southold Town Board of Appeals ]2 July 14, 1988 Regular Meeting
(Appl. No. 3748 - KELEMBELIDIS decision, continued:)
2. Deck construction shall remain open and unroofed, as
applied.
3. Any and all lighting shall be shielded to the property
and not be adverse to area properties.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. This resolution was duly adopted.
Southold Town Board of Appeals 13 July 14, 1988 Regular Meeting
DELIBERATIONS/DECISION: Appl. No. 3742-SE:
Application of OLIVER CAMPBELLfor a Special Exception to
the Zoning Ordinance, Article IX, Section 100-90A for permission
to construct principal building for storage purposes in this C-1
Industrial Zone District in conjunction with sand and stockpile
yard, at premises located along the west side of Cox Lane,
Cutchogue, NY; County Tax Map Parcel No. 1000-84-03-005.
WHEREAS, a public hearing was held and concluded on
Thursday, July 14, 1988, in the Matter of the Application
No. 3742; 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 ]4 July 14, 1988 Regular Meeting
1. This is an application pursuant to the requirements of
Article IX, Section 100-90A for a Special Exception to construct
principal storage building of a size 61+- feet x 37+- feet x 17+-
feet high.
2. The subject premises consists of a total area of 2.4+-
acres, is presently vacant land, and is identified on the suffolk
County Tax Maps as District 1000, Section 84, Block 3, Lot 5.
3. The subject premises is located in the C-1 General
Industrial Zone District and is located along the west side of
Cox's Lane in the Hamlet of Cutchoque, Town of Southold.
4. Submitted for consideration is the Preliminary Site Plan
prepared by Peconic Associates, Inc. dated May 1988 (lastly
revised June 23, 1988) which depicts the proposed building set
back 150 feet from the front property line, 70+- feet from the
northerly side property line, 50 feet from the southerly property
line, and the proposed parking area 120 feet or more distant from
the front (easterly) property line.
5. It is noted for the record that letters have been
received from the Office of the Planning Board indicating their
acquiescence with the site-plan layout.
6. 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.
7. The Board has also considered subsections (a) through
(1) of Article XII, Section 100-121C(2) of the Zoning Code in
making this determination.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Special Exception as applied in the
Matter of Application No. 3742 - OLIVER CAMPBELL for permission
to construct principal storage building as shown on the May 1988
Site Plan prepared by Peconic Associates, revised June 23, 1988,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That a minimum 25-ft. of screening (as exists or better)
be continuously maintained;
Southold Town Board of Appeals 15 July 14, 1988 Regular Meeting
(Appl. No. 3742 - CAMPBELL d6cision, continued:)
2. Site-plan approval by the Southold Town Planning Board
in accordance with the requirements of Article XIII of the Zoning
Code;
3. Issuance of appropriate building permits, etc. before
construction.
Vote of the Board: Ayes: Messrs. Goehringer, Grigoni$,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
Southold Town,Board of Appeals ]6 July 14, 1988 Regular Meeting
DELIBERATIONS/DECISION: Appl. No. 3749:
VENTURES.
STERLING IDEAS
ACTION OF THE BOARD OF APPEALS
Upon Application of STERLING IDEAS VENTURES for a
Variance to the Zoning Ordinance, Article VII, Section 100-71,
Bulk Schedule, for approval of insufficient rearyard setback from
the northerly property line for proposed principal building, at
premises known as 46025 C.Ro 48, Southold, NY; County Tax Map
Parcel No. 1000-55-2-18.1. B-1 General Business Zone District.
WHEREAS, a public hearing was held on July 14, 1988, in the
Matter of the Application of STERLING IDEA VENTURES under Appl.
No° 3749; 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 from the
Provisions of Article VII, Section 100-71 for permission to
locate new principal building with a rearyard setback at 25 feet
as recommended by the Southold Town Planning Board under its
pending site-plan review.
2° The premises is referred to as 46025 C.Ro 48, located in
the Hamlet of Southold, Town of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 55, Block
2, Lot 18.1.
3. The subject premises contains a total area of 27,305 sq.
ft. with 185.61 ft. frontage along the County Road, is located in
the "B-i" General Business Zone District, and is presently vacant
land.
4. The principal building is proposed as shown on the
May 28, 1987 Site Plan Map, prepared by Garrett A. Strang, R.A.,
with the following setbacks: (a) closest setback from the
westerly property line at 26 feet; (b) closest setback from the
easterly property line at 26 feet; (c) closest setback from the
front property line at 77 feet; (d) closest rearyard setback at
25 feet, under consideration herein.
Southold Town Board of Appeals 17 July 14, 1988
(Appl. No. 3749 - STERLING IDEAS VENTURES decision, continued:)
5. Article VII, Section 100-71, Bulk Schedule, of the
Zoning Code requires a minimum rearyard setback at 35 feet.
The amount of relief requested is 10 feet.
6. In viewing the area, the following information is noted
for the record:
(a) the existing principal building immediately
adjoining this parcel on the west side has a setback of approxi-
mately 42 feet from the front property line;
(b) the existing principal building nearest thisparcel
on the east side has a setback of approximately 75 feet from the
front property line;
(c) the premises adjoining thi~ parcel to the north
which would be the parcel most likely to be affected by this
variance is a drainage sump maintained by the County of Suffolk.
6. It is also the understanding of this Board that
expansion of the County Road (extending from Horton's Lane in
Southold to Main Street in Greenport) to a uniform pavement width
of 46 feet is proposed under Project No. 5145, and the best'
interests of the traveling public would be served by the grant of
a reduction in the rearyard in order to provide additional open
frontyard areas.
7. In considering this appeal, the Board also finds and
determines:
(a) the relief requested is the minimal necessary;
(b)
pursue;
there is no other method feasible for appellant to
(c) the project will not be adverse to the character of the
neighborhood;
(d) the difficulties claimed are unique to the property and
are not personal in nature;
(e) the project is within the spirit and intent of zoning;
(f) the practical difficulties are sufficient;
(g) in view of the manner in which the difficulties arose
and in considering the above factors, the interests of justice
will be served by granting the application as applied.
Southold Town Board of Appeals 18 July 14, 1988 Regular Meeting
(Appl. No. 3749 STERLING IDEAS VENTURES decision, continued:)
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance under Appeal No. 3749 as
applied in the Matter of STERLING IDEAS VENTURES for a reduc-
tion in the rearyard to a minimum of 25 feet for the newly
proposed principal building.
Vote of the Board: Ayes: Messrs. Goehringer,
Douglass and Sawicki. (Member Doyen was absent.)
resolution was duly adopted.
Grigonis,
This
Southold Town Board of Appeals ]9 July 14, 1988 Regular Meeting
DELIBERATIONS/DECISION: Appeal No. 3748.
ACTION OF THE BOARD OF APPEALS
Upon Application of FREDERICK KOEHLER, JR°for a
Variance to the Zoning Ordinance, Article XI, Section 100-119.2B
for permission to locate accessory structure along existing bulk-
head at Cutchogue Harbor, premises known as 575 Old Harbor Road,
New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6.
WHEREAS, a public hearing was held on June 2,
Matter of the Application of FRRnERICK KOEHLER, JR.
No. 3717; and
1988, in the
under Appeal
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 permission to
locate an accessory storage building incidental to the existing
residence of the premises and for inside storage of the owner's
boating and yard equipment as more particularly shown on the
architect's rendition dated May 27, 1987, prepared by
Samuels-Steelman.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 117, Block 3, Lot 6.
3. The premises in question is a described parcel
containing an area of 2.8+- acres, with frontage (lot width)
along Old Harbor Road of 329.42 feet, and average depth of 660+-
feet.
SOuthold Town Board of Appeals 20 July 14, 1988 Regular Meeting
4. Article XI, Section 100-119.2B of the Zoning Code (as
amended) requires all buildings or structures proposed on lots
upon which a bulkhead, concrete wall, rip-rap or similar
structure exists and which is adjacent to tidal water bodies
other than Sounds shall be set back not less than seenty-five
(75) feet from the bulkhead.
5. On-site inspections find as follows:
(a) the immediate area of this neighborhood does consist of
parcels improved with accessory buildings with minimal setbacks
from the bulkhead and Bay;
(b) the height of the neighboring accessory buildings near
the bulkhead and Bay are one-story (or less) in height and are
used solely for storage purposes incidental to the existing
residence and not for sleeping or income purposes;
(c) extensive regrading and construction of a timber
retaining wall has taken place since this board's previous
decision under Appeal No. 3496 which appear to have rectified the
previously-existing eroded and unstable bluff toe;
(d) the slope is vegetated with Rugosa rose and appears
fairly stable;
(e) there is a wooden-plank walkway in a continuous slope
without steps and very steep.
(f) the premises is also improved with a single-family
dwelling and accessory garage presently located in the northerly
yard area {see architect's rendition for particulars}.
6. It is the opinion of the Board that due to the erosion
factors in this area, and the precedents established in the
immediate area, an accessory building in the area noted below (as
an alternative to the location requested) for the purposes of
storage incidental to this parcel is not unreasonable.
7. It is the position of this Board that:
(a) the relief as alternatively granted herein is within
the character of the immediate general area;
(b) the relief requested is substantial in relation to the
requirements;
(c) the relief is related to the uniqueness of the property;
(d) the variance, as alternatively granted, will not in
turn be adverse to the safety, health, welfare, comfort,
convenience or order of the town, or be adverse to neighboring
Southold Town Board of Appeals 2] July 14, 1988 Regular Meeting
(e) there is no other method feasible for appellant to
pursue;
(f) in considering the above factors, the interests of
justice will be served by granting the following alternative
relief.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a Variance under Article XI, Section
100-119.2B (as amended) in the Matter of the Application for
FREDERICK KOEHLEI~, JR. under Appl. No. 3717, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the accessory storage building be located a minimum
of ten (10) feet from the lower bulkhead {exclusive of overhangs,
deck walkway, or step areas};
2. That the accessory storage building not be larger than
the size 20 ft. x 12 ft. (exclusive of overhangs, steps, deck,
walkway areas), and proposed four-ft, overhang can have posts
within the above-mentioned 10-ft. setback;
3. That the accessory building be used for storage purposes
incidental to the residence and not be used for sleeping or
living quarters;
4. That the doors to showers must be on outside wall of the
accessory building and not an interior doorway;
5. That plumbing facilities will be permitted for the
shower(s) only;
6. That the height of this accessory building shall not
exceed one-story (12 feet high);
7. Deck areas shall be permitted as proposed at ground
level to the bulkhead, provided the height is not higher than two
feet (2') elevation above the bulkhead;
8. Size of deck may be of a size as proposed on the May 27,
1987 rendition prepared by Samuels-Steelman, Architects.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
lk
GERA~D P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals 22 July 14, 1988 Regular Meeting
DELIBERATIONS/DECISION: Appl. No. 3732: ROBERT E. BIDWELL
ACTION OF THE BOARD OF APPEALS
Upon Application of ROBERT E. BIDWELL for a Special
Exception to the Zoning ordinance, Article III, Section
100-30B(14) for a Winery for the Production and Retail Sale of
Wine Produced from Grapes Primarily grown at the Bidwell Vine-
yards, premises located at the South side of C.R. 48, Cutchoque,
NY; County Tax Map Parcel No. 1000-96-4-4.3 (prey. p/o 4.1).
WHEREAS, a public hearing was held on June 2, 1988, in the
Matter of the Application of ROBERT E. BIDWELL under Appl. No.
3732; 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:
(Continued on next page)
Southold Town Board of Appeals 23 July 14, 1988 Regular Meeting
(Appl. No. 3732 - BIDWELL Winery decision, continued:)
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3
(part of 4.1).
2. The subject premises is presently improved with an
agricultural structure presently under construction pursuant to
Building Permit 15622Z issued January 12, 1987, and agricultural
buildings constructed under Building Permit numbers 13780 issued
March 22, 1985, and under 12617Z issued September 17, 1983. Town
records shows that no on-site physical inspections of the
buildings have been made to date under the N.Y.S. Construction
Code by the Town Building Inspectors (since the buildings were
apparently permitted only for agricultural storage).
3. By this application, applicant requests a Special
Exception to the Zoning Ordinance under Article III, Section
100-30B, Subsection 14 for permission to establish a Winery for
the production and retail sales of wine produced from grapes
primarily grown on the vineyard on which such winery is located.
4. The premises in question contains a total acreage in
excess of 14 acres having a frontage of 679.42 feet along the
south side of County Road 48 (Middle Road) in the Hamlet of
Cutchogue, Town of Southold.
5. The subject premises is located in the A-Residential and
Agricultural Zoning District and is improved with a prin-
cipal agricultural barn building containing a total floor area of
approximately 4765 sq. ft. An addition made of prefabricated
steel is proposed of a size 90 ft. x 54 feet, which would
increase the floor area of the building to a total of 9625 sq.
ft.
6. The area proposed for retail sales is to be not more
than 4819 sq. ft. as marked in "red" on the Proposed Sketch
Drawing prepared by Guldi & Showers dated May 31, 1988 under
Drawing No. A-1. The remaining floor area is proposed for
storage, production, utility rooms, wholesale sales areas,
bathrooms, hallways, file room. Sufficient information has not,
however, been presented to confirm whether the proposed retail
sales area of the subject winery establishment will be occupied
entirely or partly in the newly proposed addition or the existing
agricultural barn structures, or whether the wholesale and
production areas are to be within the existing, or proposed,
addition.
Southold Town Board of Appeals 24 July 14, 1988 Regular Meeting
(Appl. No. 3732 - BIDWELL Winery, decision, continued:)
7. The setbacks of the winery building in question is shown
on the February 11, 1988 final location survey prepared by
Williams R. Simmons, Jr., L.C. to be at 155.7 feet from the
northerly property line along the County Road. The parking areas
are shown to be a minimum of 36 spaces, 18 at the west side and
18 at the east side of the building. It is noted for the record
that an application for site plan approval by the Planning Board
is pending review at this time as required by Article III,
Section 100-30B(14) and Article XIII of the Zoning Code.
8. In considering this application, the Board determines:
(a) that the buildings within which the proposed winery
uses are to be located must first be inspected and approved as to
meeting all the requirements of the N.Y.S. Construction Codes and
all other applicable codes;
(b) that the use will not prevent the orderly and
reasonable use of adjacent properties or'of properties in
adjacent use districts;
(c) that the safety, health, welfare, comfort, convenience
and order of the Town will not be adversely affected by the
proposed use and its location;
(d) the use will be in harmony with and will promote
general purposes and intent of zoning since this is a use
permitted by legislative action and will meet all other
requirements of the zoning code.
the
9. The Board has also considered Items (a) through (1) of
Article XII of the Zoning Code in making this determination.
10. It is the position of this Board that in making this
determination, the occupancies for the uses permitted hereunder
shall exclude the retail sales, and that applicant will be
required to submit a separate application, in complete detail and
form, for consideration of same, together with all other areas
(wholesale areas, file room, production rooms, storage areas,
etc.). Additional information is needed before an approval can
be given for the use of retail sales and occupancy by the public
for the same.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Special Exception for the Production ob
Wholesale Storage of, and Wholesale Sales of, Wine Produced from
Southold Town Board of Appeals 25 July 14, 1988 Regular Meeting
(Appl. No. 3732 - BIDWELL Winery decision, continued:)
Grapes Primarily Grown on this Parcel, in the Matter of ROBERT E.
BIDWELL under Appl. No. 3732, SUBJECT TO:
1. Approval as required under Article III, Section
100-30B(14) and Article XI of the Zoning Code for site plan
review by the Planning Board;
2. No occupancy of the buildings by the public for
retailing, except in the following manner:
a. Issuance of appropriate Building Permits;
b. Inspections and Approvals as to compliance and
acceptance by the Building Inspector as required under the N.Y.S.
Construction Code, etc., and the same is ready for issuance of a
Certificate of Occupancy for all uses as applied (before issuance
of a C.O.);
c. Application for a Special Exception and appropriate
papers in complete form depicting the retail sales, wholesale
sales, wholesale storage, bathrooms, file and office room(s),
production rooms, and all other activities to be conducted on the
premises and within the building(s) to be filed and considered by
the Board of Appeals, and further on-site inspections.
3. On Board's own motion, this matter may be reopened for a
rehearing and reconsideration if the above conditions are not
complied with.
Vote of the Board:
Douglass and Sawicki.
tion was duly adopted.
Ayes: Messrs. Goehringer, Grigonis,
(Member Doyen was absent.) This resolu-
Southold Town Board of Appeals 26 July 14, 1988 Regular Meeting
(Appl. No. 3729 FURSE decision:)
ACTION OF THE BOARD OF APPEALS
Upon application of GEORGE R. FURSE for Variances to the
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for: (a) approval of insufficient area of proposed Lots 92;
(b) approval of insufficient lot depth of proposed Lot 92;
(c) approval of yard setbacks as apply from the new division line
to the existing dwellings. Location of Property: Right-of-Way
off Bell Hill Avenue, Fishers Island, NY; County Tax Map Parcel
No. 1000-009-03-002, containing 3.64+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of ROBERT AND SIDNEY
OLMSTED under Appeal No. 3729; 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 "A"
Residential and Agricultural Zoning District along a private
right-of-way extending off the west side of Bell Hill Avenue in
the Hamlet of Fishers Island, Town of Southold, containing a
total area of 3.64+- acres.
2. The subject premises is improved with two single-family
dwellings and three accessory buildings, all as shown on the map
amended April 12, 1988 prepared by Chandler, Palmer & King,
Surveyors, and is identified on the Suffolk County Tax Maps as
District 1000, Section 009, Block 003, Lot 002.
Southold Town Board of Appeals 27 July 14, 1988 Regular Meeting
(Appl. No. 3729 - FURSE decision:)
3. The subject premises was conveyed to Mr. and Mrs. George
Furse January 20, 1961, by Deed at Liber 4940 cp 216, and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the
insufficient lot area of proposed Lot 02 of not less than .94
acre(s), insufficient average lot depth of 106+- feet, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk. Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft.,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, approximately 50%.
6. Article III, Section 100-31 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 there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificates #Z4877 dated
October 26, 1972, ~Z16380 dated November 9, 1987, and #Z16948
dated June 2, 1988 have been submitted and made a part of the
record.
7. No prior appeals have been found of record concerning
these premises.
8. In considering this appeal, 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 not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) 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
Southold Town Board of Appeals 28 July 14, 1988 Regular Meeting
(Appl. No. 3729 - FURSE decision:)
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 the grant of this
variance, as further noted below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT the Variances requested under Appeal No.
3729 in the Matter of the Application of GEORGE R. FURSE as to
the insufficient lot area, depth, and setbacks of existing
buildings from the proposed division line as shown on the Map
a~ended April 12, 1988, prepared by Chandler, Palmer & King,
provided that proposed Lot #2 contains a lot area of not less
than 40,000 sq. ft. and subject to approval by the Southold Town
Planning Board as required by the subdivision Regulations
(Chapter A106) of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions.) This resolution was duly
adopted.
Southold To~m~ Board~ of Appeals 29 July 14,
(Appl. No. 3730 - RUSSELL, decision:)
1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Upon application of the ESTATE OF DOROTHY M. RUSSELL for
Variances to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for: (a) approval of insufficient area of
proposed Lots ~1 and #2; (b) approval of insufficient lot depth
of proposed Lot 92; (c) approval of yard setbacks as apply from
the new division line to the existing dwellings. Location of
Property: North Side of Beach Avenue and West Side of Heathulie
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-009-011-9.1 (prey. 9), containing 2+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of the ESTATE OF DOROTHY Mo
RUSSELL under Appeal No. 3730; 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 "A"
Residential and Agricultural Zoning District along the north side
of Beach Avenue and the west side of Heathulie Avenue in the
Hamlet of Fishers Island, Town of Southold, containing a total
area of two acres, more or less.
2. The subject premises is improved with two single-family
dwellings and accessory building, all as shown on the map amended
April 12, 1988 prepared by Chandler, Palmer & King, Surveyors,
and is identified on the Suffolk County Tax Maps as District
1000, Section 009, Block 011, Lot 009.1 (previously 9).
Southold Town Board of Appeals 30 July 14, 1988 Regular Meeting
(Appl. No. 3730 - RUSSELL, decision:)
3. The subject premises was conveyed to Dorothy M. Russel
May 4, 1982 from her husband, (Liber 9189 cp 570), and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the
insufficient lot area of proposed Lot #2 of .88 of an acre and
Lot ~1 of 1.34 acre(s), insufficient average lot depth of 88+-
feet and 207.49 feet of Lots #2 and 91, respectively, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area o~ 80,000 sq. ft.,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, at an average of approximately 50%.
6. Article III, Section 100-31 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 there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificate #Z16949 dated
June 2, 1988 has been submitted and made a part of the record.
7. No prior appeals have been found of record concerning
these premises.
8. In considering this appeal, 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 not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) 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
Southold Town Board of Appeals 3] July 14,
(Appl. No. 3730 - RUSSELL, decision: )
1988 Regular Meeting
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 the grant of this
variance, as further noted below.
Accordingly, on motion by Mr. Goehringer,
Mr. Sawicki, it was
seconded by
RESOLVED, to GRANT the Variances requested under Appeal No.
3730 in the Matter of the Application of the ESTATE OF DOROTHY
RUSSELL as to the insufficient lot area, depth, and setbacks of
existing buildings from the proposed division line as shown on
the Map amended April 12, 1988, prepared by Chandler, Palmer &
King, provided that proposed Lot #2 contains a lot area of not
less than 40,000 sq. ft., Lot #1 contain an area of not less than
1.30 acres, and subject to approval by the Southold Town Planning
Board as required by the Subdivision Regulations (Chapter A106)
of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions.) This resolution was duly
adopted.
Southold Town Board of Appeals
32 July 14,
(Appl. No. 3725 - OLMSTED decision:)
1988 Regular Meeting
ACTION OF THE BOARD OF APPEALS
Upon application of ROBERT AND SIDNEY OLMSTED for
Variances to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of insufficient area of proposed Lots
#1, 92 and 93, and insufficient width (frontage) of proposed Lot
#2, each with an existing single-family dwelling, in this pending
minor subdivision. Location of Property: Right-of-way off the
east side of Westphalia Avenue, Mattituck, NY; County Tax Map
Parcel No. 1000-114-7-14.
WHEREAS, a public hearing was held and concluded on June
1988 in the Matter of the Application of ROBERT AND SIDNEY
OLMSTED under Appeal No. 3725; 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 "A"
Residential and Agricultural Zoning District with frontage along
the east side of Westphalia Road of 419.0 feet and total lot area
of 133,000 sq. ft., or approximately three acres.
2. The subject premises is improved with three
single-family dwellings as shown on the map amended April 14,
1987, prepared by Roderick VanTuyl, P.C.
Southold Town Board of Appeals 33 July 14, 1988 Regular Meeting
(Appl. No. 3725 - OLMSTED decision, continued:)
3. By this application, appellants request approval of the
insufficient: (a) lot area of proposed Lot #1 of 53,000 sq.
ft., (b) lot area of 40,000 sq. ft. and lot width of 100 feet of
proposed Lot #2, (c) lot area of 40,000 sq. ft. of proposed Lot
#3, all as shown on the "Minor subdivision MaD of Sidny W.
Olmsted, Jr. and Robert W. Olmsted" prepared May 29, 1974 by
Roderick VanTu¥1, P.C., Licensed Land Surveyors.
4. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum lot area of 80,000 sq. ft. and minimum
lot width of 175 feet. The percentages of relief requested in
relation to the area requirements is substantial, at 35% for Lot
#1, 50% for each Lots #2 and #3.
5. Article III, Section 100-31 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 there-
after," or were approved by the Planning Board prior to May 20,
1983. The record shows that these parcels were not held in
single and separate ownership, although the three single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Pre-Certificate of
Occupancy dated January 13, 1987 has been submitted for the
record concerning these nonconformities.
6. In viewing the character of the immediate block area,
the lots as proposed are consistent as to the general
configuration and size of those presently established.
7. No prior appeals have been found of record concerning
these premises.
8. It is noted that proposed Lots #2 and #3 will have
access over a proposed right-of-way running within and along the
northerly yard area, and is subject to New York Town Law, Section
280-a consideration and approval by the Planning Board since the
right-of-way is located within the perimeter of the Minor
Subdivision proposed herein.
9. In considering this appeal, 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 not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) will be
constructed; (e) the relief requested is substantial in
relation to the current lot size requirement; (f) that the
SOuthold Town Board of Appeals 34 July 14, 1988 Regular Meeting
(Appl. No. 3725 - OLMSTED decision, continued:)
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,
interests of justice will be served by the grant of this
variance, as further noted below.
the
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT the Variances requested under Appeal No.
3725 in the Matter of the Application of SIDNY AND ROBERT OLMSTED
as applied and subject to New York Town Law, Section 280-a access
approval by the Planning Board, particularly to both Lots 92 and
#3.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions.) This resolution was duly
adopted.
Southold Town Board of Appeals 35 July 14, 1988 Regular Meeting
Anthony and Joan Sturcken
DELIBERATIONS/DECISION: Appl. NO. 3728-SE:
WHEREAS, a public hearing was held and concluded on
Thursday, June 9, 1988, in the Matter of the Application
No. 3728; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, applicants request a Special Excep-
tion to the Zoning Ordinance, Article III, for permission to
establish an "Accessory Apartment" in an existing principal
single-family dwelling and in accordance with all the require-
ments of Section 100-30B, subsection 15 thereof.
2. The premises in question is located in the "A"
Residential and Agricultural Zone District, containing a total
area of approximately 40,950 sq. ft. and road frontage of 230
feet.
3. The subject premises is improved with a two-story,
single-family dwelling and accessory frame garage building as
more particularly shown on the January 4, 1980 survey prepared by
Young & Young, P.E. (#79-748). This parcel is more parti-
cularly identified on the Suffolk County Tax Maps as District
1000, Section 85, Block 2, Lot 12.3.
Southold Town Board of Appeals 36 July 14, 1988 Regular Meeting
(Appl. NO. 3728-SE - STURCKEN decision, continued:)
4. Upon information furnished, the square footage proposed
for the apartment will not exceed the requirement of a maximum of
40% of the existing dwelling unit (40% of 2122 = 849 sq. ft.);
and the square footage of the principal single-family dwelling
use will be an area of approximately 1273 sq. ft.
5. Parking plans have been submitted by the applicants for
additional parking within and along the driveway area. The total
number of parking spaces provided in the plan by applicants is
for five vehicles (on site).
In considering this application, the Board finds and
determines that: (a) the use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent-use districts; (b) the use will not
adversely affect the safety, welfare, comfort, convenience, or
order of the town; (c) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board has
also considered subsections {a} through {1} of Article XII,
Section 100-121C(2) of the Zoning Code.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, that a Special Exception for an "Accessory
Apartment" as provided in Article III, Section 100-30B(15) of the
Zoning Code, BE AND HEREBY IS APPROVED as applied in the Matter
of the Application of ANTHONY AND JOAN STURCKEN under Application
No. 3728, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Compliance with Subsctions {a} through {q} of Article
III, Section 100-30B of the Zoning Code;
2. A minimum of five on-site parking spaces;
3. A turnaround shall be made available on the site in
order to prevent any backing out onto the street.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
Southold Town Board of Appeals 37 July 14, 1988 Regular Meeting
DELIBERATIONS/DECISION:
ACTION OF THE BOARD OF APPEALS
Upon Application of DR. AND MRS. JOHN WHITTIER for
Variances to the Zoning Ordinance, Article III, Section 100-31 as
to insufficient frontyard setback, Article XI, Section
100-119.2(A) as to insufficient setback from top of bank or bluff
of Long Island Sound, and Article XI, Section 100-118 as to
rebuilding existing building with nonconforming setbacks for this
single-family residence as shown on plan kmended Febru-
ary 29, 1988 prepared by Roderick VanTuyl, P.C. Location of
Property: North Side of North View Drive, Orient, NY; County Tax
Map Parcel No. 1000-13-1-7.
WHEREAS, a public hearing was held on June 9, 1988, in the
Matter of the Application of DR. AND MRS. JOHN WHITTIER under
Appl. No. 3724; 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 Variances of the Zoning
Code for permission to reconstruct existing nonconforming
building by more than 50%, and construct new addition, both with
insufficient setbacks from the top of the bank or bluff of the
Long Island Sound and from the front (southerly) property line.
2. The premises in question is located along the north side
of North View Drive at intersection with the northerly end of
Brown's Hill Road in the Hamlet of Orient, Town of Southold, more
particularly identified on the Suffolk County Tax Maps as
District 1000, Section 13, Block 1, Lot 7.
3. The subject premises contains a total lot area of one
acre with frontage along North View Drive of 240.0 feet and lot
depth of 230 feet along the westerly side property line.
Southold Town Board of Appeals 38 July 14, 1988 Regular Meeting
(Appl. No. 3724 ~ WHITTIER decision, continued:)
4. The premises is unique and contains limited buildable
area. The depth of the upland area between the top of the bank
and the front (southerly) property line is approximately 65 feet
and the average width approximately 180 feet.
5. Article XI, Section 100-119.2A requires all buildings or
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.
6. Under the provisions of Article XI, Section 100-118
and past interpretations by this Board, a nonconforming building
may not be reconstructed or structurally altered during its life
to an extent exceeding in aggregate cost fifty percent (50%) of
the fair value of the building.
7. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum frontyard setback'at 50 feet under Column
A-40.
8. The following information is noted for the record:
(a) The nonconforming setbacks of the existing building are
at five feet from the top of the bluff and frontyard setback at
23 feet.
(b) The existing building is a single-family dwelling
having a total floor area of 845 sq. ft. plus an additional 371
sq. ft. for porch areas;
(c) The existing building is constructed partly on a
concrete-block basement (with crawl space), and the building is
presently one-story in height. An open rear deck exists at the
north end of the existing building set back five feet from the
top of the bluff. The foundation is presently shown to be set
back 17 feet from the top of the bluff (see survey amended
February 29, 1988 prepared by Roderick VanTuyl, P.C.).
9. It is the opinion of the Board that due to the erosion
factor of the bluff in this area, and the percentage of the
existing nonconformity from the top of the bluff (in excess of 85
percent of today's requirement), the new framing construction
must be at not less than 20 feet from the top of the bluff. The
deck areas to be reconstructed or constructed under the new plans
shall be not less than 10 feet from the top of the bluff. It
should be understood, however, that these conditional setbacks do
not in any way require removal of the existing foundation
structure, but does require the framing and new foundation walls
to be constructed within these specified conditions. The deck
areas could be moved to the required setback without tremendous
difficulty and shall be "free-standing".
Southold Town Board of Appeals 39 July 14, 1988 Regular Meeting
(Appl. No. 3724 - WHITTIER decision, continued:)
10. In considering this appeal, the Board also finds and
determines:
(a) the relief requested is the minimal necessary;
(b) there is no other method feasible for appellant to
pursue;
(c) the project will not be adverse to the character of the
neighborhood;
(d) the difficulties claimed are unique to the property and
are not personal in nature;
(e)
(f)
the project is within the spirit and intent of zoning;
the practical difficulties are sufficient;
(g) the percentages of relief requested are substantial in
relation to the requirements of the bluff setback and the
frontyard setback.
(h) in view of the manner in which the difficulties arose
and in considering the above factors, the interests of justice
will be served by granting the application as applied.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT Variances from the Zoning Code, Article
III, Section 100-31, Bulk Schedule as to the frontyard setback,
Article XI, Section 100-119.2A as to the bluff setback, and
Article XI, Section 100-118 as to reconstruction of existing
nonconforming building by more than 50%, and construction of an
addition, in the Matter of the Application of DR. AND MRS. JOHN
WHITTIER under Appeal No. 3724, WITH T~E FOLLOWING CONDITIONS:
1. That the deck construction at the northerly end of the
dwelling structure be set back not less than 10 feet from the top
of the bluff (including replacement and newly added deck area);
2. That the deck construction at the northerly end of the
dwelling structure be "free-standing" and detached from the
dwelling, and remain open and unroofed;
3. That the wall construction and reconstruction of the
dwelling be set back not closer than 22 feet from the top of the
bluff;
Southold Town Boara of Appeals 40 July 14, 19B8 Regular Meeting
(Appl, No. 3724 - WHITTIER decision, continued:)
4. That the principal dwelling reconstruction and addition
may be extended into the frontyard area with a setback of not
less than 18 feet;
5. That the garage extension with a setback as applied of
feet is denied;
6. That the garage entrance be located at the easterly
side, and if necessary, the garage may be extended towards the
easterly yard area to gain better accessibility and storage
purposes as an alternative to the 13-ft. frontyard setback which
was applied for and denied herein.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent.) This
resolution was duly adopted.
ENVIRONMENTAL DECLARATIONS: Motion was made by
Mr. Douglass, seconded by Mr. Goehringer, to declare the
following Declarations pursuant to the N.Y.S. Enviroramental
Quality Review Act (SEQRA) and Chapter 44 of the Code of the
Town of Southold on each of the following, infra:
SoS/thold Town Board of Appeals
(Environmental Declarat£ons, Continued
July 14, 1988
Regular Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3733
PROJECT NAME: Esme & Nicholas Lagudis
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 srgnifi-
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: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Locate accessory (gazebo) structure within
100 feet of the top of bluff along L.I. Sound
LOCATION OF PROJECT: Town of Southold; County of, Suffolk, more
particularly knQwn as: 760 The Strand, East MarioD, NY
1000-30-2-84
REASON(S) SUPPORTING THIS DETER~INATION:
(1) An Environmental Assessment in the short form has b~en
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 42 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.:
PROJECT NAME:
~35
DINO & LYNN ROSSINI
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 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 [ ]
DESCRIPTION OF ACTION: Constru~ deck addition,' landing ahd
stairs near and along bluff of the L.I. Sound
LOCATION OF PROJECT: Town of Southold~ County of. suffolk, more
particularly known as: 755 Soundview Ave., Matti~uck, NY
1000-94-1-6
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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals 43 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3736
PROJECT NAME: JOHN R. SCH~EYER
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 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 [ ]
DESCRIPTION OF ACTION: Construdt deck addition within 7'5 feet
of bulkhead along Peconic Bay
LOCATION OF PROJECT: Town of Southoldl County of. Suffolk, more
particularly known as: 160 Blue Marlin Drive, Greenport, Ny
1000-56-7-20
REASON(S) SUPPORTING THIS DETER~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 a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
(3) Separating the project in question from the waterfront or
tidal area is other construction and/or a bulkhead in good condition
Southold Town Board of Appeals 44 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3738
PROJECT NA~: GEORGE BORNSCHEIN
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 s~qnlfl-
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: Extend garage located in the frontyard area
and attach same to existing dwelling and construct additions to square
off rear of dwelling in ~xcess of maximum-permitted lot coverage requirement
LOCATION OF PROJECT. Town of Southo~d~ County of. Suffolk, more '
particularly known as: 560 Oak Street, Cutchogue, NY
1000-136-1-44
REASON(S) SUPPORTING THIS DETEP~IINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; ~.
(2) Separating the project in question from'the waterfront.or
tidal area is other construction and/or a bulkhead in good condition.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals 46 July 14. 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3743 SE
PROJECT NA~: NORTH FORK GREEK COMMUNITY ASSOCIATION, 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 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 [ ]
DESCRIPTION OF ACTION: Expand ~ilding for a Place of Worship.
LOCATION OF PROJECT: Town of Southoldl County of, Suffolk,
particularly knQwn as: 1950 Luthers Road,.Mattituck, NY
1000=106-9-6.1
more
REASON(S) SUPPORTING THIS DETE~~INATION:
(1) An Environmental Assessment in the short form has b~en
~ubmitted which indicates that nO significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; .
(2) ~he property in question is not located ~ithin 300 feet of
tidal wetlands or other critical environmental area.
(3) Information has ~een submitted by applicant or his agent in-
dicating that the project will not involve the disturbance of wetland
grasses or areas subject to flooding which may be considered wetlands.
$outhold Town Board of Appeals 47 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3737
PROJECT NAME:
JOHN & JOAN PO~LYWODA
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of th~ N.YoS. 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~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: . ~ ] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION:Construct'll'6" x 36' addition (for. storagei
with an insufficient sideya~d setback at the westerly yard a~ea
LOCATION OF PROJECT: Town of Southold; County of~Suffolk, more
particularly known as: 55560 Main Road and.20 Hobart Ro~d,. Southold,
1000-62-3-2
NY
REASON(S) SUPPORTING THIS DETE~%IINATION:
(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 property in question is not located<within 300 feet of
tidal wetlands or other critical environmental area.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
Southold Town Board of Appeals 48 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3741
PROJECT NA~: DOUGLAS& ELIZABETH WHELAN
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 s~'gnlfl-
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 [ ]
DESCRIPTION OF ACTION:construcf'deck addition with an insufficien~
setback at the easterly side of existing dwelling which has been determined
to be frontvard area by the Building Inspector
LOCATION OF PROJECT: Town of SoutAoldl County of~Suffolk, more
particularly known as: ~45 Old Harbor Road, New S~ffolk, NY
1000-117-3-8
REASON(S) SUPPORTING THIS DETE~INATION:
(1) An Environmental Assessment in the short form has b~en
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Information has been submitted by applicant or his agent in-
dicating that the proj'ect will not involve the disturbance of wetland
grasses or areas subject ~o flooding which may be considered wetlands
Southold Town Board of Appeals 49 July 14, 1988 Regular Meet£ng
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determinstion of Non-Significance
APPEAL NO.: 3748
PROJECT NAME: JAMES & ELAINE KELEMBELIDIS
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 To~n 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 [ ]
DESCRIPTION OF ACTION: Extend deck with an insufficient-rearyard' '
setback
LOCATION OF PROJECT: Town of Southold~ County of. Suffolk,
particularly knQwn as: 395 Dogwood Lane,. ~outhol~, NY
1000-54-5-28.1
more
REASON(S) SUPPORTING THIS DETER~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 property in question is not located~within 300 feet of
tidal wetlands or other critical environmental area.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals 50 July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3745
PROJECT NAME: JOSEPH SPITALIERE/JOHN C.W. CAMPBELL
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 $outhold.
This board determines the within project not to have a s~n~f~- .i
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 [ ]
DESCRIPTION OF ACTION: Approval~ of access over private right-of-way
located along the east side of Cedar Beach Drive
LOCATION OF PROJECT: Town of Southold; County of. suffolk, more
particularly known as: E/s Cedar Beach Drive, Southold, NY~
1000-90-4-14 and 19
REASON(S) SUPPORTING THIS DETE~%~INATION:
(1) An Environmental Assessment in the short form has b~en
s~bmitted 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 over an existing.
traveled right-of-way'and for requirements satisfactory for emergency
access.
Southold Town Board of Appeals 5] July 14, 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3742 SE
PROJECT NAME:
OLIVER CAMPBELL
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of thC 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_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 tile same or similhr
project ....
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Construc~'princip~l building for 's~brag9
p~rposes in this C-1 Industrial Zone District in conjunction-with sand
and stockpile yard
LOCATION~F PROJECT: Town of Southold; County of, Suffolk, more
particularly knQwn as: Cox Lane, Cutchogue; NY
1000-84-3-5
REASON(S) SUPPORTING THIS DETER~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) This is an application concerning use o~ premises and 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 wetland
grasses or areas subject to flooding which may be considered wetlands.
SO~hold Town Board of Appeals 52 July 14. 1988 Regular Meeting
(Environmental Declarations, Continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3749
PROJECT NAME: STERLING IDEA VENTURES
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 si~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: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Approva~ 'of insufficient rearyard setback
from northerly property line for proposed principal building
LOCATION OF PROJECT: Town of Southoldl County of, Suffolk,
particularly knQwn as: 46025 C.R. 48, Sout~old, Ny
1000-55-2-18.1
more
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 should this project be imple-
mented as planned;
(2)
The property in question is not located Qithin 300 feet of
tidal wetlands or other critical environmental area.
(3) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA.
Southold Town Board of Appeals 53 July 14, 1988 Regular Meeting
MISCELLANEOUS:
A. MATTER OF TIDE MARK (CLIFFSIDE ASSOCIATES). The Board
authorized and directed a response to the Planning Board as Lead
Agency in this project addressing specific concerns, related to
Traffic, Construction Staging Schedule, and Drainage and site
changes in general, in the Addendum to Draft Environmental
Impact Statement prepared by Henderson and Bodwell, Consulting
Engineers, dated June 1988.
B. MATTERS OF JOSEPH HARDY, Appl Nos. 3747SE and 3747V.
The following additional information is needed to complete these
files and a letter requesting submission prior to advertising
these matters for public hearings:
1. copies of all C.O.s, Pre-Co.O.s of records for all
structures and its permitted uses; and if same is not available,
clarification in writing stating reasons why it is not available;
2. four originals prints of a certified map depicting
all current uses upon the premises and depicting all site-plan
elements required by the Planning Board per Article XIII of the
Zoning Code {inclusive but not limited to parking, egress,
ingress};
3. preliminary certification or reasons for
non-certification by the Building Inspector on the site plan and
zoning elements as required in this process under Article XIII
of the Zoning Code.
C. MATTER OF PREMISES TO BE PURCHASED BY MR. AND
MRS. JOHN CHOBOR AT FISHERS ISLAND (1000-9-4-22.1 or 22.2.
The Board authorized a letter to be sent to Mr. and Mrs. John
Chobor at 25 Daris Drive, Poughkeepsie, NY 12603, concerning an
inquiry made through the ZBA Office as to the a possiblity of
building on this parcel based on a vacant land Certificate of
Occupancy (which appears to have been issued in error for an
excessively small tract of land after having been shown to a
secretary in the ZBA). The letter to the Chobors to be as
follows:
"...Today you dropped off a copy of a title examination
concerning a parcel of land on Fishers Island in the Town
of Southold.
...We do not have jurisdiction on this matter at this
time. Please be advised that no determination has been
Southold Town Board of Appeals 54 July 14, 1988 Regular Meeting
MISCELLANEOUS, continued:
made by the Board of Appeals as to the validity of the
survey or of your ability to build now or at any subse-
quent date on this parcel referred to as County Tax Map
Parcels 1000-009.00-04.00-022.01 or 22.02.
...Further, we should like to point out to you that it is
possible that an acquisition of this parcel by you
without a predetermination of the validity of the existence
of the parcel in light of the warnings which have been
issued to you could well lead to a determination by this
Board that a claim of hardship by you is a self-imposed
hardship.
...Again, it is urged that you consult with a local
attorney experienced in this field if you have not
already done so .... "
D. MATTER OF TURTLE ASSOCIATE - Appl. No. 3708 - A letter
was authorized and directed for completion of a ZBA
questionnaire, requesting a copy of the contract of sale, letter
of consent from the current property owner, recent photographs
of the waterfront area, copies of the previous deeds mentioned
in the Chain of Titleat Liber 4310 page 208 and Liber 8045 page
420. Also to be included in the letter is the Board's
understanding of the lot lines as shown on the most recent map
dated July 14, 1988 and its relationship to conveyances made on
or after May 28, 1976.
E. APPL. NO. 3575 - ROSA J. HODGSON. Copies of the
June 17, 1988 response from the Suffolk County Department of
Planning were distributed to the Board Members with the County's
comments on this project.
F. APPL. NO. 3744 - WILLIAM BAXTER, JR. & JANE BAXTER
GOELLER. The Board acknowledged receipt of correspondence dated
June 14, 1988 from Karen J. Stretz, Esq. The Board is awaiting
a single and separate title search with copies of all deeds
which the attorney will be provided to both the ZBA and PB.
G. The Board members received copies of the June 16, 1988
letter from the Conservation Advisory Council offering its
services to the ZBA for inspections and recommendations as the
need arises concerning areas along the L.I. Sound under ZBA
jurisdiction.
H. The Board members received copies of the June 17, 1988
correspondence from Matthews & Ham enclosing copies of all
documentation and bringing the Board up-to-date on the division
proposal suggested by the Planning Board.
Southold Town Board of Appeals 55 July 14, 1988 Regular Meeting
OTHER RESOLUTIONS:
A. The Board unanimously authorized advertisement of the
expected continued hearing (if applied for by the property owner
before the next advertising deadline), in the Matter of CHARLES
ZAHRA under Appl. No. 3701, subject to confirmation by both
Attorneys by advertising date in accordance with law. (An Order
to Show Cause Petition was served on May 11, 1988, and a
decision from Justice Tenenbaum was not rendered as of today.)
B. On motion by Mr. Douglass, seconded by Mr. Doyen, it was
RESOLVED, to schedule and advertise the following
applications for public hearings to be held on THURSDAY, August
18, 1988, at the SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW
YORK:
1. CAROL MAGUIRE
2. SEYMOUR AND MERLE LEVINE
3. JEAN C. HOLLAND-LONGNECKER
4. VINCENT GEROSA
5. TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC.
6. HENRY J. SMITH AND THE COVE AT SOUTHOLD, INC.
7. WILLIAM BAXTER, JR.
8. ANDRE AND THOMAS CYBULSKI.
9. CHARLES ZAHRA (if Order to Show Cause is lifted or
applicant agrees to a further hearing).
There being no further business properly coming before
Board at this time, the Chairman declared the meeting
adjourned.
the
Respectfully submitted,
V Linda F. Kowalski, Secretary
~ ~~.____ Southold Town Board of Appeals
Approved