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HomeMy WebLinkAboutZBA-10/04/1989 SPEC/'-%EALS BOARD MEMBERS G~rard P. Goehringer, Chairman Charles Grigonis, Jr, Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MINUTES SPECIAL MEETING WEDNESDAY, OCTOBER 4, 1989 A Special Meeting was held by the Southold Town Board of Appeals on Wednes~day,~0ct'0ber 4, 1989 , commencing at 7:30 o'clock p.m. at the S~uthold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr., Charles Gri~onis, James Dinizio,Jr., Joseph 5awicki. Absent was: None 'The Board proceeded With the first item on the agenda, said agenda attachedfor reference. APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZ[0, JR. Southold Town Board o£Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-t809 FAX NO. (516) 765-1823 AGENDA SPECIAL MEETING WEDNESDAY, OCTOBER 4~ 1989 DECISIONS AND DELIBERATIONS: (from Hearings Held 9/21/89) ae Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance for permission to construct addition on to existing buildin~ (nonconforming Bulk area and parking requirement of the Hamlet Business District), Proposed construction will have insufficient total side yard setbacks~ Article IX, Section 100-102, Property Location: 53705 Main Road, Southold; 1000-61-1-14. Be Appl. No. 3859 -EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance for permission to construct an inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Article XXIII, Section 100-239d (A) (1). Property Location: 3410 North Sea Drive, Orient; 1000-61-1-14 Appl. No. 3798 - ELIZABETH McCANCE. Variance for approval of insufficient area in this pending division of property. (R-80 Zone District.) Article I, Section 106-20 (Article III Section 100-31) Property Location: Mansion House Drive, Fishers Island; 1000,06-05-3-5.1. .Page 2 ~ Agenda sOuthold Town Board of Appeals October 4,1989 Special Meeting xI~x.x x x ~ ~ ~ ~ ~ ~x ~:~b~.~-.x DECISIONS AND DEBIBERATIONS: (continued) D. Appl. No. 3863.- NICHOLAS TSIRKAS. Variance for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Article XXI¥, Section 100-244, Property Location 2700 Sound Avenue, Greenport, 1000-033-01-11. Appl. No. 3827 - EDWIN KINSCHERF. Variance for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Article I, Section 106-20 (Article III, Section'100-31) Property Location 350 Wood Lane, Greenport, 1000-D43-04-29-30-35. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance for permission to construct addition with insufficient side and~rearyard setbacks in this R-40 Zone District. Article III A, Section 100-30 A.3, Property Location: 705 Windy Point Road, 1000-87-4-6. Appl. No. 3866 - HENRY ARBEEN~. Variance for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Article VIII, Section 100-~2, Property Location: Route 48, Kenny's Road, Southold, 1000-059-07-31. Appl. No. 3852- RICHARD DiBLASI. Variance for permission to construct open deck in front yard, nonconforming with bulk-area and parking regulations in this R-40 Zone DistriCt. Article III, Section 100-30A3, Property Location: 360 Bayview Drive, East Marion, 1000-037-04-01. Appl. No. 3852 - ELLIOT PASKOFF. :Variance for permission to construct~a: attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), Property Location 205 North Sea Drive, Southold, NY, 1000-54-4-4. Page 3 - Agenda Southold Town Board of Appeals October 4, 1989 Special Meeting I. DECISIONS AND DELIBER~I$0NS: (C0~ed) J. Appl. No. 3854 - NANCY STEIN. Variance for permission  t o construct a deck addition within 75 feet of water %~ or wetlands, in this R-40 Zone District; Article III, Section 100-119.2. (Article I, Section 97-12C, Property Location: 2535 Cedar Lane, East Marion; 1000-037-04-10. nj Appl. No. 3857 - MICHAEL TOFFALIS. Variance for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-4~ Zone District. Article XXIV, Section 100-244. Property Location: 50 Captain Kidd Drive, Mattituck, 1000-106-03-028. Appl. N6~ 3858 - BERNARD COSIMANO. Variance for permission to construct a deck addition within 75 ~eet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, Property Location: Watersedge Way, Southold, 1000-88-5-63. M. Appl. No. 384~ - CRESCENT BEACH CONDOS. Variance for permission to enclose decks or patios of units to be ,~t~~ enclosed with glass windows with insufficient setbacks in this Resort/Residential (RR) Zone l~{~ District. Article XXVII, Section 100-271, Property Location: End of Maple Lane, East Marion, 1000-38-7- 21 units. N. Appl. No. 3860 - DR. PAUL MITCHELL. Variance for Access Right-of Way, for permission to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Article III A, Section 100-30A-3, Section 280-A, Property Location 1015 Munn Lane, Orient, 1000-017-02-08~ Page 4 - Agenda Southold Town Board of Appeals October 4, 1989 Special Meeting Matters for Deliberations (next meeting) ae Ce De Appl. No. 3864 - LEOPOLD STERN. Variance for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Article XXIII, Section i00-239d, B. (Article XXIV, Section 100-244) Property Location: 1390 Bayview Drive, East Marion, 1000-37-5-22. Appl. No. 3849 - C~PITELLI BROS. REALTY. Variance for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Article XXIII, Section 100-239d, A il) Looation of Property% 90 Petty's Drive, Orient, 1000-14-2-24. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Special Exception for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Article V, Section 100-60B (Article XIII) Property Location: 61475 County 48, Greenport, 1000-045-01-01. Appl. No. 3770 - PORT OF EGYPT. Variance for peLmission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Article XII, Section 100-121C - 122, (SeCtion 100-239D) Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. Page 5 - Agenda Southold Town Board of Appeals October 4, 1989 Special Meeting III. Resolution Confirming the following Hearings at following Hearings calendar [expected late October - early November) ae Applo No. 3867 - RICHARD AND PATRICIA SNOW - Variance for permission to construct a fence, exceeds permitted 4 feet in height, 1585 Long Creek Drive, Southold, 1000-55-07-03. De Appl. No. 3876 - JOH~ P. DEWAR - Variance for permission to construct an attached deck with insufficient front yard setback in this R-40 Zone District. 4420 Oaklawn Avenue, Soutbold, 1000-70-9-46. Appl. No. 3868 - NICHOLAS NICKOLAUS - Variance for permission to construct addition to existing one family dwelling and accessory building within 100 ft. from Sound (in this R-80 Zone District). 17555 Soundview Avenue, Southold, 1000-51-1-2. Appl. No. 3869 - WARREN AND SUSAN CANNON - Variance for per~ssion to construct pool, poolhouse, garage, in front yard area, (in this R-80 Zone District), 4625 Aldrich Lane, Laurel, 1000-112-01-14. Appl. No. 3870 - MATTHEW CUSUMANO - Variance for pezmission to construct a deck and other additions to the existing dwelling, in this R-40 Zone District, 435 Briarwood Lane, Cutchogue, 1000-136-01-01. Appl. No. 3.871 - RICHARD AND JOAN GIBBS - Variance for permission to construct an accessory building in frontyard, in this R-40 Zone District, 2140 Deep Hole Drive, Mattituck, 1000-123-4-4. Appl. No. 3873 - VINKO NALETILIC - VarianCe for permission to construct a deck addition, exceeds permitted lot coverage in this Hamlet Business District (HB), 780 Orchard Street and 1300-2nd Street, New Suffolk, 1000-117-7-22. Appl. No. 3877 - HERBERT MACOMBER - Variance for permission to construct a deck and ramp, insufficient side yard setbacks, 250 Anglers Road, Greenport, 1000-36-2-1. Page 6 - Agenda Southold Town Board of Appeals October 4, 1989 Special Meeting I~i ~esolution Confirming the following Hearings at follow He~ings, calendar {expected late October - early November) Je Me Appl. No. 3878 - ROBERT POTDEVIN - Variance to for permission to construct an addition to existing one family dwelling, 4250 Peconic Bay Blvd, Laurel. 1000-128-4-23. Appl. No. 3880 - FREDERIC kND DIANE STEP/q - Variance for construction of a deck, proposed construction will have insufficient rear yard setback, 2110 Sigsbee Road, Mattituck, 1000-144-1-17. Appl. No. 3881 - WARREN W. AUGENTHALER - Variance ~or permission to construct an accessory building in the front yard in this R-40 Zone District, 7225 Nassau Point Road, Cutchogue, 1000-111-15-12. Appl. Nd~ 3883 - MARGARET BEST AND ADLYN SYVERSON - Variance for per~ission to construct alterations, additions, and conversion to year round use. Private Road off of Mineola Road, Mattituck, (R-40 Zone District), 1000-123-6-17. Appl. No. 3872 - COMPASS TRANSPORTS - Variance for site plan approval to obtain a Certificate of Occupancy, in this Hamlet Business Zoning District 175 Boisseau Avenue, Southold, 1000-062-01-16. Page 7 - Agenda Southold Town Board of Appeals October 4, 1989 Special Meeting qV. MISCELLANEOUS: A. RESOLUTION approving Minutes of the following Meeting: Minutes of September 27, 1989 Special Meeting Notice of Special Hearing, being held on or about October 12, 1989 at 7:30 (Conference Room Reserved) COMMUNICATIONS: Received Soil and Water Letters req~ ested for September 21, 1989, Regular Meeting D. CODE COMMITTEE: Updates for the Board for this week's special meetings. NEXT CODE COMMITTEE MEETING DATE: October 25, 1989r'at 7:30 EXECUTIVE SESSION: Article 78 Pf6ceeding Updates Matter of Tartan Oil: Update in litigations and Board of Appeals Discussion Waiver of Notice of Meeting LISTS OF PENDING APPLICATIONS: Appl. No. 3788 - SUN REFINING & MARKETING. Variance to convert repair and gas service station into gas and convenience storage facility. Main Road and factory Avenue, Mattituck. Await P.B. input and SEQRA coordination. 142-1-27. Appl. No. 3798 - SUN REFINING & MARKETING. Special Exception. (Same as above except use by Special Exception.-) Appl. No. 3627 - LILLIAN VISHNO. Variance as to insufficient area, width and depth for three proposed lots. 810 Corwin Street, Greenport. Await Co. Health and P.B. -applications/reviews]coordination. 48-1-47.1. Appl. No. 3445 - JULIUS ZEBROSKI. Variance for approval of access. N/s C.R. 48, Peconic. Await maps from applicant showing traveled and legal portions of ROW. Appl. No. 3426 - GERALD DOROSKI. 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 and Planning Board in~%t. 78-7-32.7. Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception for Winery and Wine Storage. Awaiting floor plan layout and screening information. Main Road, Cutchogue. 97-1-12.1. Appl. No. (Incomplete as of 1/31/89) - PETER J. MCSHERRY & JAMES P. O'NEILL. Variance for approval of insufficient area, width and depth of proposed lots with nonconforming two-family dwelling uses. Wiggins and Eighth Streets, Greenport. Await re-submission f application with amendments under new zoning code, together with floor plan information of nonconforming uses, lot coverage of all buildings, etc. 1000-48-1-22. Appl. No. 3549 - J. KAELIN AND B. GIBBS. Variances for insufficient area, width and depth. N/s Main Road, Orient. Await P.B. appl.1, etc. and Co. Health action or waiver 1000-18-2-29~1. LIST OF PENDING APPLICATIONS: Appl. No. 3367 - LOIS AND PATRICIA LESNIKOWSKI. Variance for two parcels with insufficient area and width. S/s North Drive, Mattituck. Await DEC and preexisting CO. 106-6-26, 27. Appl. No. 3403 - ANNA LORIA. Variance of two parcels with insufficient area, width and depth in this pending subdivision. W/s First Street and N/s King Street, New Suffolk. Await Co. Health Article VI action. Appl. No. 3600SE - THOMAS LUCAS AND G. & A. BELIS. Construct motels at 69700 Main Road, Greenport. Await Planning Board and additional information. 45-5-2. Appl. No. 3667 - JOHN MULHOTJ.AND. Addition to dwelling within 75 feet of wetlands. 725 Island View Lane, Greenport. Await DEC input. 57-2-24. Appl. No. 3558 NICK AND ANNA PALEOS. Variance as to insufficient area, width and depth of three lots. S/s CR 48, Peconic. Await Article 6 and Planning Board input. 52-5- Appl. No. 3442 - ~ILIP R. REINHARDT. Variance for area and width reduction of two proposed parcels. Hold for Planning Board and Article VI. 7G-6-19 Appl. No. - THOMAS SAMUELS. Subdivision and retaining wall. 111-1-40. Incomplete application. Appl. No. 3614 - ROBERT AND ETHEL SCHROEDER. Interpretation request. Await further direction from applicant's attorney. S/s Main Road, East Marion. 35-5-4. Appl. No. 3545 - PATRICK STIGLIANI. Area variances in proposed subdivision. Await Co. Health Art. VI. Main Bayview Road, Southold. 78-7-43. Appl. No. 3746 - JOSEPH HARDY. Variance for plumbing storage building. S/s Main Road, Mattituck. Await direction from applicant's attorney under new zoning code. 1000-114-11-05. Appl. No. 3747 - JOSEPH HARDY. Special Exception for plumbing use(s) in proposed building. S/s Main Road, Mattituck. Await direction from applicant's attorney under new zoning code. 1000-114-11-05. LIST OF PENDING APPLICATIONS: Appl. No. 3685 - LESTER AND HOPE AT.RERTSON. Set-off of lot.. Await maps and ROW easement per P.B. letter. 1000-63-3-10. Appl. No. 3259 - NICHOLAS ALIANO. Special Exception tobuilding four, two-story motel buildings and office building. S/s Main Road, Greenport. Await reply to letter. 100-46-1-2.1. Appl. No. 3752 - VARUJAN ARSLANYAN. Variance for pool in sideyard. C.R. 48, Greenport. Await reply from attorney. 1000-52-1-8. Appl. No. 3449 - FRANK AND ETHEL BEGORA. Set-off of land. ROW off N/s Main Road, East Marion. Awaiting Co. Health and P.B. input. 1000-123-6-17. Appl. No. 3356 - PAUL AND MARIETTA CANALIZO. and wetland setback. Meadow Lane, Mattituck. Trustees and reply. 115-5-8. Frontyard setback Await DEC, Appl. No. 3183 - MARY N. CODE. Merger of lots at Goose Neck Estates, Southold. Await DEC and Planning Board Applications to be filed for coordination/action 1000-76-2-4. Appl. No. 3537 - ROBERT AND SUSAN D'RUSO. Dwelling with insufficient frontyard and wetlands setback. Await input from DEC, Trustees. 89-2-8. Appl. No. 3589 - MARY J. GETOFF. Variance for insufficient area, width and depth. Waterview Drive, Southold. Await Planning Board input. 78-7-20. Appl. No. 3690 - SOPHIA AND-RICHARD GREENFIELD. Construction within 100 feet of bluff at Cabots Woods,'Peconic. Request by applicant to temporarityplace on hold until further direction 73-4-2.2 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, .iR. MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 ACTION, OF THE BOARD OF APPEALS SOUTHOLD, t.;i., N~Y. 'i1971 TELEPHONE [516) 765-1809 FAX NO. (516) 765-1823 Appl. No. 3861: Matter of SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southotd; County Tax Map No. 1000, Section 61, Block 1, Lot 14. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of SOUTHOLD FREE LIBRARY under appeal 3861; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is'located along the north side of Main Road, Route 25, Town of SoUthold, and is identified on the Suffolk County Tax Maps as District 1000, Section 61, Block 1, Lot 14. 2. This is an application for Variances. from the Zoning Code Article IX, Section 100-102, for permission to construct addition on to existing building, (nonconforming bulk and parking requirement of the Hamlet Business District, Proposed construction will have insufficient total side yard setbacks. Page 2 - Appl. No. ~ - SOUTHOLD-FREE LIBRARY,---.. Decision rendered October 4, 1989 3. Article tX, Section 100-102, requires no building or premises shall be used 'and no building or part thereof shall be erected or alter in the B District unless the ss/ne conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference. 4. The subject premises is known and referred to as having Lot the total area of .832 acres, the existing building is approximately 2333 sq. ft. first level, proposed construction on the first level will be 2324.5 sq. ft., for the total addition .of all three floors will be approximately 6,500 sq. ft. inclusive. 5. In considering this application, the Board finds and determines: (a) in carefully considering the record andai1 the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) it is the position of this Board that granting the 11 feet on one side and that of 11 1/2 ft. on the other side, this would not be out of character with the general existence in the immediate area. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the Application of SOUTHOLD FREE LIBRARY as applied under appeal NO. 3861 for the construction to existing dwelling with insufficient total side yard setback, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The one side yard will be that of 11 feet and the other be that of 1~ 1/2 feet on the other side of this building. r Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df ~ GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. Southold Town Board o£Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, [..I., N~y. -11971 TELEPHONE (516) 765-1809 FAX NO. {516} 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3859 Matter of EMANUAL PIPERAKIS AND DIMITRIOS AGRIROPOLOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct an inground pool with deck and fence, within 100 feet from the Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15 Block 1, Lot 3. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of EMANUAL PIPERAKIS AND DIMITRIOS AGRIROPOLOUS. under appeal 3859; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of North Sea Drive, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 15, Block t, Lot 3. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d (A) (1), for permission to construct an inground pool with deck and fence, proposed construction wilt be within 100 feet of the Sound. Page 2 - Appl. No. 3859 Matter of PIPERAKI$ AND AGIROPOLOUS Decision rendered October 4, 1989 3. Article XXIII~ Section 100-239d [A) (1), requires all buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred [100] feet from the top of such bluff or bank. 4. The subject premises from the proposed pool is known and referred to as being 40' from the top of the 15' high contour and 65' from the bluff, they are 22' from the property line on the west side and 53' from the east side of the property line, the pool will be 16' x 32' in width and length. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed pool and deck in any other location on the premises will require other variance relief; (c) that the area chosen for pool and deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3- Appl. No. 3859 Matter of PIPERAKIS AND AGIROPOLOUS Decision rendered October 4, 1989 RESOLVED, to GRANT a Variance in the matter of the application of EMANUAL PIPERAKIS AND DIMITRIOS AGRIROPOLOUS as applied under Appeal No. 3859 for the placement of a 16' by 32' pool (as described in the above Finding Paragraph ~3), SUBJECT TOT HE FOLLOWING CONDITIONS: 1. That the pool be approximately 22 feet from the West property line, based upon the updated site plan. 2. That the entire enclosure be fenced in with a minimum of a four foot fence, unable to be climbed by youngsters or children and that the gates should be self closing and locked from the outside. 3. That the filter be enclosed with a structure composed of sound deadening material (wood or other composition) so as not to cause noise for surrounding neighbors. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df /GERARD P. GOEPiRINGER,~CHAIRMAN MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.~'N.Y. 11971 TELEPHONE {516} 76~18~ FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$. JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3798 Matter of ELIZABETH McCANCE Variance to the Zoning Ordinance, Article I Section 106-20 (Article III, Section 100-31 as disapproved) for approval of insufficient area in this pending division of property. (R-80 Zone District) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of ELIZABETH McCANCE under Appeal No. 3798; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. the premises in question is located along the east side of Fox Avenue, Fishers Island and is identified on the Suffolk County Tax Maps as District 1000, Section 06, Block 05, Lot 3-5.1. 2. this is an application for Variances from the Zoning Code Article I, SEction 106-20 (Article III, Section 100'-3'1, for · approval of insufficient area in this pending division of property. 3. Article III, Section 100-31, as disapproved by the Building Inspector, in this-pending division of improved land, in a R-80 Zoning District. Page 2 - Appl. No. 3798 Matter of ELIZABETH McCANCE Decision rendered October 4, 1989 4. The subject premises for the proposed lots are as follows, approximately 1.51+- acres for lot one (1), Lot two (2) is 1.00+- acres, lot three (3) is 1.54+- acres and lot four (4) is 0.689+- acres. (a) F~r the record, each lot is improved with preexisting dwellings, except for lot ~3, which consists of a main dwelling and a cottage~ 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfor~ convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of ELIZABETH McCANCE as applied under Appeal No. 3798 for approval of insufficient area in this division of land. SUBJECT TO THE FOLLOWING CONDITIONS: (a) the only requirement is that the kitchen be taken out of the accessory cottage in lot 3, and it only be used for sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of ppeals MAIN ROAD STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, ,...I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Appl. No. 3863 Matter of NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map No. 1000, Section 033, Block 01, Lot 11. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of NICHOLAS TSIRKAS under Appeal No. 3863; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sound Drive, Greenp0rt and is identified on the Suffolk County Tax Maps as District 1000, Section 033~ Block 01, Lot 11. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct a one family dwelling with an insufficient 40' frontyard setback. Page 2 - Appl. No. 3863 Matter of NICHOLAS TSIRKAS Decision rendered October 4, 1989 3. Article XXIV, Section 100-244, (B) A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. 4. The subject premises is vacant and consists of a total lot area of 25,250 sq. ft., lot width of 100 feet and total average depth of 261+- feet., The proposed dwelling will have insufficient 40' frontyard setback. 5. It is noted for the record that by a prior application under Appeal No. 3471 , a variance to locate a new single-family dwelling with an insufficient setback from the edge of bank along the Long Island Sound, was approved conditionally under the following stipulations. 6. It was the opinion of the Board that: (a) no construction be located closer than 50 feet at the nearest point from the top of the bank. 7. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method fo~ appellants to pursue; and placing the proposed dwelling in any Other location on the premises will require other variance relief; Page 3 - Appl. No. 3863 Matter of NICHOLAS TSIRKAS Decision rendered October 4, 1989 (c) that the area chosen for this single-family dwelling is not unreasonably located; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of NICHOLAS TSKIRKAS as applied under Appeal No. 3863 for the construction of a single-family dwelling (as described in the above Finding Paragraph ~3), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the single-family dwelling be no closer than thirty five feet to sound Drive. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This Resolution was duly adopted. df thold Appeals Sou Town Board of TELEPHONE [516] 76.5-1809 FAX NO. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. ~. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. (516) 765-1623 ACTION OF THE BOARD OF APPEALS Appeal No. 3827: Application of EDWIN KINSCHERF for a Variance to the Zoning Ordinance, Article I, Section 106-20,(Article I~I, Section 100-31, as disapproved) for approval of insufficient areas in this pending subdivision. Property Location 2700 Sound Avenue, Sreenport, County Tax Map District 1000, Section 043, Block 04, Lot 29, 30, 35. WHEREAS, a public hearing was held and conclude on September 21, 1989 in the Matter of the Application of EDWIN KINSCHERF under Appeal No. 3827; 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 s~hmitted concerning this application; and WHEREAS, the Board Members have personally viewed and .are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west -side of Inlet Lane, in the Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 043, Block 04, Lots 29-30-35. 2. This is an application for a Variances from the Zoning Code Article I, Section 106-20, Article III, Section 100-31, for approval in this pending division of land, proposed subdivision will have insufficient areas. Page 2 Appl. No. 3827 Matter of EDWIN KINSCPIERF Decision rendered October 4, 1989 3. The subject premises for the proposed subdivision is known and referred to as being divided into 3 lots, on the Survey by Roderick Van Tuyl, P.C. Dated June 23, 1986, the first Lot A will have 10,000+- sq. ft., Lot B will have 5,000+- sq. ft., and Lot C will have 5,000 ~q. ft. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of EDWIN KINSCHERF as applied under Appeal No. 3827 for a division of land, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Lot Set off "C" shall conform with all setback requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN Town Board of Appeals P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl.'No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy'Point'Road, County Map District 1000, Section 87, Block 4, Lot 6. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 386~; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personallyviewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board'made the followinglfindings off'fact: 1. The premises in question is located along the south of 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an addition with. insufficient sideand rear yard Setbacks. APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 ACTION OF THE BOARD OF APPEALS SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (§16) 765-1809 FAX NO. (516} 765-1823 Appl. No. 3866 Matter of HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48 Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of HENRY ARBEENY, under Appeal 3866; and ~ WHEREAS, at said hearing all those who desired tobe heard were heard and their testimonyrecOrded; and WHEREAS, the BoardMembers have personally viewed and are familiar with the premises in.question, its present zoning, and the surrounding areas; and WHEREAS, theBoa~rdmade the following findings o~fact: 1, side identified on Section in question is located along the.west Route 48, Town of Southotd and is ~olk County Tax Maps as District 1000, ~ Lot 31. in this pending s~hdivision. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DIN}ZIO, JR. Southold Town Board MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 ACTION OF THE BOARDOF APPEALS SOUTHOLD, L.I., KI.Y. 11971 TELEPHONE (516} 765-1809 FAX No. (516) 765-1823 AppI. ' No. 3852 Matter of RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A 3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the application of RICHARD DiBLASI, under Appeal 3852; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Bayview Drive, Town of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 04, Lot 01. 2. this is an application for Variances from the Zoning Code Article 100-30A.3, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations.~ Page 2 Appl. No. 3852 Matter of RICHARD DiBLASI Decision rendered October 4, 1989 3. Article III A, Section 100-30A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 Zone District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. The subject premises consists of a proposed open deck to be 4 feet by 28+- feet and will be located in front yard area, 20+- feet from the property line at its closest point. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed open deck in any other location on the premises will require other variance relief; (c) the area chosen for the open deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of RICHARD DiBLASI as applied under Appeal No. 3852. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinzio. This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONI~, .IR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0. JR. Southold Town Board o£ Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y~ ~11971 TELEPHONE (516).~76~5-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. NO 3855 Matter of ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III Ar Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for pezmission to construct an attached deck with insufficient side yard and accessory fence {trellis) in front yard at the height of more than required four (4) feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY County Tax Map No. 1000, Section 54, Block 4, Lot 4. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the application of ELLIOT PASKOFF, under Appeal No. 38~; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and .are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of North Sea Drive, Town of Orient, and is identified on the Suffolk County Tax Map No. 1000, Section 54~ Block 4, Lot 4. 2. This is an application for Variance from the Zoning Code Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), for permission to construct an attached deck with insufficient side yard and an accessory fence (trellis) in front yard atthe height of more than required four (4) feetl. Page 2 - Appl. No. 3853 Matter of ELLIOT PASKOFF Decision rendered October 4, 1989 3. Article III A, 100-30A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. Article XXIII, Section 100-231 (A), Fences, walls, hedges or other live plantings within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. 4. The subject premises consists of a proposed deck to be 9' 6" from west property line, and proposed trellis will be located in front yard area and will approximately 12' 3" in height, 18' in leng~th~_ and within 3 feet of the front property line. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck or trellis in any other location on the premises will require other variance relief; (c) the area chosen for the deck and trellis is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfor~ convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mro Goehringer, it was Page 3 - Appl. No. 3853 Matter of ELLIOT PASKOFF Decision rendered October 4, 1989 RESOLVED, to GRANT a Variance in the matter of the application of ELLIOT PASKOFF as applied under Appeal No. 385~, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the trellis will be approximately 12' 3" in height and within 3 feet from the property line, a length not to exceed 20 feet. 2. That the deck (trellis) be no closer than 9 ft. 6 inches from the west property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3857 Matter of MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Ta$ Map No. 1000, Section 106, Block 03, Lot 028. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of MICHAEL TOFFALIS, under Appeal No. 3857; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Captain Kidd Drive, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section. 106, Block 03, Lot 028. 2. This is an applicationfor Variances from the Zoning Code Article XXIV, Section 100-244,for permission to construct a deCk addition with insufficient rear yard setback for nonconfozming lot. Page 2 Appl. No. 3857 Matter of MICHAEL TOFFALIS Decision rendered October 4, 1989 3. Article XXIV, Section 100-244, a nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the Changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follow. 4. The subject premises is 9669+- sq. feet, from the dwelling it is 10+- feet from the north property line, 35.1+- feet from the west property line, 10.5+- feet from the east property line and 44.5+- feet from the south property line. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Sawicki, it was Page 3 - Appl. No. 3857 Matter of MICHAEL TOFFALIS Decision rendered October 4, 1989 RESOLVED, to GRANT a Varianc application of MICHAEL TOFFALIS a SUBJECT TO THE FOLLOWING CONDITIQ 1. That the deck does not location applied~for and not to e cement slab. Vote of the Board: Ayes: Me Doyen, Sawicki and Dinizio. in the matter of the applied under Appeal No. 3857 ~S: ~xceed 10 ft. by 12 ft. in {ceed 8'+- above existing ~srs. Goehringer, Grigonis, This resolution was duly adopted. df /~ERARD P. GOE~RMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN1ZIO, JR. Southold Town Board o£Appeals . MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOI_D, [..I., N.y. 11971 TELEPHONE ~516} 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3858 Matter of BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead.~ Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southotd, County Tax Map No. 1000, Section 88, Block 5, Lot 63. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of BERNARD COSIMANO, under Appeal No. 3858; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south of Watersedge Way (private road), also south of Main Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 88, Block 5, Lot 63. 2. This is an application for Variances from the zoning Code Article XXIII, Section 100-239d, B, (Article XXIV, Section 100-244, for permission to construct a deck addition within 75 feet of the bulkhead, construction has insufficient total side yard setbacks. Page 2 - Appl. No 3858 Matter of BERNARD COSIMANO Decision rendered October 4, 1989 3. XXIII, Section 100-239d, B, Ail building located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal, water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. ~ XXtV, Section 100-244, a nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of a~ abstract of title showing the form, shall be certified by an attorney or a company regularlydoing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (C) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety,health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr~ Goehringer, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3858 Matter of BERNARD COSIMANO Decision rendered October 4, 1989 RESOLVED, to GRANT a Variance in the matter of the application of BERNARD COSIMANO as applied under Appeal 3858, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That it not exceed the size of 14+- ft. by 30+- ft. and the east side addition of 3+- ft. by 9+- ft., and to remain unroofed. Vote of the Board: Ayes: Messrs. Goehringer~ Grigonis, Doyen, Sawicki and Dinizio. this resolution was duly adopted. df Southold Town Board of Appeals SPECIAL. MEEIi~G: October 4, 1989 There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary RECEIVED AND FILED BY TIlE SOUTHO .LD TOWN Cr.r~,~RK ~ ) '.B~/~. Town Clerk, Town o~ Souiholcl Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SrlUTH[:)LD. L.I., N.Y, 11g'71 TELFPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James Dinizio, Jr. JOSEPH H. SAWICKI WAIVER OF NOTICE OF SPECIAL MEETING WE, the undersigned, being Members of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, do hereby severally waive notice of the time, place and purpose of the Meeting of the Board of Appeals to be held at the Southold Town Hall, Main Road, Southold, New York, on Wednesday, October 4, 1989 at 6:30 p.m. , and do hereby consent that the same be held on said date for the transaction of any business which may properly come before said meeting. October 4, 1989 ~~ DATED: Southold, New York. j~~Chairman ch~gs Gr~gonis ,? Jr. , .~ember Serg~J~_~6yen, 2r., Member ~sep5 H. Sawzcki, Member