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HomeMy WebLinkAboutZBA-10/17/1990 SPECAPPEALS BOARD MEMBERS Gerardp. 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 17, 1990 A Special Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, OCTOBER 17, 1990 commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge J. Doyen, Jr.; Member Charles Grigonis, Jr.; and Member James Dinizio, Jr. Absent was: Member Sawicki. Also present was Linda Kowalskio The Chairman opened the meeting at 7:00 pom. The Board coam,enced deliberations and proceeded with the following applications, (for which hearings were held at previous meetings of the Board), the oldest being the Matter of JORDAN'S PARTNERS: Appeal No. 3915 - Application of JORDAN'S PARTNERS. Variance ing Ordinance, Article VII, Section 100-71, for permission to construct retail stores 5 office building uses; proposed retail construction is net permitted in thisRO Zone DistriCt. Property Location: 1000 Main Street and 160 Main Road, Greenport, NY; County Tax Map District 1000, Section 34, Block 2, Lot 1. WHEREAS; public hearings were held in the Matter of the Application of JORDAN'S PARTNERS under Appeal No. 3915; and WHEREAS, at said hearings 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 Southold Town Board of Appeals -2- October 17, 1990 Special Meeting (Appl. No. 3915 - JORDAN'S PARTNERS decision, continued:) WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the physical characteristics of the land, its present zoning, its previous zoning classification(s), and the surro%mding areas; and WHEREASf the Board made the following findings of fact: t. This is an appeal of the January 31, 1990 Notice of Disapproval in which an application dated May 9, I989 was considered by the Building Inspector to construct office and retail stores, which was disaPProved on the following grounds: "...Under Article VII, Section 100-71, proposed construction is not a permitted use in this district. Action reguiredb¥ the Zoning Board of Appeals... " 2. The premises in question consists of 4.75+- acres with frontages along three streets: (a) North Road (a/k/a State Route 25) along the northerly end of the premises, (b) Main Street (a/k/a. State Route 25) along the westerly end of the premises, and (c) K/lapp Place (a town street) along a southerly 79.97 ft. portion which is sitUated in the Residential Zone District, Hamlet of Greenport, Town of Southold. 3. Since January 9, 1989, most of the subject premises has been situated in the Residential-Office (RO) Zone District, and.only a small section (approximately .30 of an acre) has been situated in the R-40 Residential Zone District. The entire tract is vacant land, except for partially completed foundation construction which includes footings and concrete wall extending 372.6 feet in an east-west direction. 4. Surrounded on its southerly and are residential communities in the To th? ~th are State'Route 25, to the north ~ restaurant located in the Limited Business (LB) Zone District and residential communities in the. R-40 Res Zone District. To the west are Main Street and re~ in residential use districts. 5. The following facts and events are additionally noted for the record: (a) On October 3, 1985, the Southold Town Board adopted a moratorium concerning all business and industrial zone districts; Southold Town Board of Appeals -3- October 17, 1990 Special Meeting (Appl. No. 3915 - JORDAN'S PARTNERS decision, continued:) (b) On October 10, 1985, an application was pending before the Southold Town Planning Board (referred to .as "280 North Road," applicant) and which was under a town-wide moratorium affecting all business and industrial zone districts in the pending "Master Plan Revisions"; (c) On October 22, 1985, the Town Board denied the request of the applicant (by his attorney, John C. Tsunis, Esq.) for the requested Waiver under the provisions of Local Law ~14-t985 for the reason that the uses proposed were inconsistent with the proposed Residential-Office Zon~ District provisions; (d) It is apparent that during 1985 and 1986, and up until January 9, 1989 (the date of adoption of the new zoning regula- tions), the subject premises was being considered by the Town for a change in the zoning use district to Residential-Office (from B-Light Business). In the applications before the Town Board and Planning Board during the period from 1984 through 1985, a site plan dated September 9, 1985 was filed for an office mall area in excess of 12,000 sq. ft., together with retail stores and bank facility. (See copy of site plan on file with the Southold Town Clerk and Planning Board). (e) Again, on January 13, 1986, John Tsunis, attorney for the property oWner, requested a second Waiver under the provisions of the moratorium, and the record is clear, as is also shown in the February 4, 1986 Town Board minutes and in its resolution granting a waiver at the same meeting, that: "...the applicant proposes to utilize the premises to conform with the uses in a Residential-Officm Zone District... " (Emphasis ad~ed) District, the aPPticant%property owner proceeded to make amendments to the Platting Board Under the' site plan process. (g) On J~ne 23, 1986, the Planning Board a~opted a resolu- tion appro~ng a site plan for the building and on-site changes. It shouldbe nOtedthat although the Planning Board proceeded ~oder the site plan process, the Town Board waiver was strictly r those uses 'Which would conform to those in the Residential- Office (RO) Zone District. Southold Town Board of Appeals -4- October 17, 1990 (Appt. No. 3915 - JORDAN'S PARTNERS decision, continued:) (h) It is no~ed for the record that the Planning Board is and has always beeH without authority to consider a change of use, change of ~one, or use variances, and the proper forum for those requests are before the TownBoard as a legislative agency and/or Board of Appeals as a quasi-judicial agency. also furnished the board with copies of and a list of expenses which the applicant asserts during the course of this project. The Board has evaluated the record and notes that the expenses are not clear breakdownfor the total claim. Some ~xpenses given include ~questionable expenses, such as reaI~estate taxes on vacant land; fees for consultants fees to review the town files and represent the proceeding before this Board, including certain expenses for real estate commis- sions (which are normatlypaid by theseller rather than the purchaser) if the commissions were for the sale of the premises; closing costs were not itemized; mortgage payments with interest were cta~ed without specific time periods or any breakdown as to howthe figures were arrived at; the amount given for the purchaseof the land differs from that shown in the Suffolk County real estate transfer records; insurance expense was given without a breakdown as to type or coverage or time periods covered; purpose of payment of corporate tax and miscellaneous expenses was not provided; and the purpose of incurring certain expenditures as a necessity in the process to the extent charged is not provided. 6. At this juncture, it is noted that on May t8, i989,. approximately 2-1/2years after receiving final site-plan approval, an application for a building permit was filed with the Town Building Department. 7. On 8, t989 Building Permit No. 18187Z was issued OffiCe forlan "office and retail by store shoppingcenter.'~ At the time the. building permit was issued, retail stores in the Re ZoneDistrict were not allowed or permitted uses; and the building permit was issued in error. ApProximately three months later, the footings and partial foundation construction was placed. 8. On November 30, 1989, a Stop Work Order was issued. Southold Town Board of Appeals -5- October 17, 1990 Special Meeting (Appl. No. 3915 ' JORDAN'S PARTNERS decision, continued:) 9. On January 31, 1990, this appeal application was filed with the Office of the Board of Appeals and Town Clerk. 10. In addition to evaluating all documentation in the Planning Board file, Town Clerk file, Assessors records, County real estate re~ords, and the Building Department file, and documentationand testimony submitted in support of the application, the b~ard has also considered all testimony and written material against the application, or as otherwise presented by mail, in person or during the public hearings. The public and the landowner were provided with full opportunities to present their views. 11. Article VII, Section 100-71B, Residential-Office Use regulations of the Zoning Code do authorize several uses proposed in the applicant's site plan construction project, to wit: professional offices and business officeS, by Special Exception by the Board of ApDeals subject to site plan approval by the Planning Board provided that not mere than one (i) use shall be allowed for each forty thousand (40,000) Square feet of lot area. 12o Article VII, Section 100-71B of the Residential-Office (RO) does not, however~ provide for retail stores or shops, and certain retail uses are provided for in business zone districts and then only as specified therein (i.e., Limited Business (LB), Hamlet Business (HB), Business B, etc.) 13. a use variance, the Court. of Appeals has set three must be clearly shown by the evidenc befor~~ the ance may be granted. First, that the land return for allowable purposes; second, the-plight'shall be due to Unique circumstances and not to the generalconditiens of the neighborhood which mayreflect the unreasonableness Of the zoning ordinance; and~third, that the use sought by the variance will not alter the essential character of the lecality. 14. With reference to the first 'ement, is no doubt that the property owner has of expenditures during the entire site plan process, with excep- tions as noted in paragraph 5(i), supra. This board will not question that large sums of monies have been expended, but it is questienable as to whether the sums paidWere properly applied in "dellars and cents proof," and whether seme of the Southold Town Board of Appeals -6- October 17, 1990 Special Meeting (Appl. No. 3915 - JORDAN'S PARTNERS decision, continued:) sums paid were to the same individuals who sold the property and those that purchased the propertY. It appears that one individual seller was also the purchaser in the property transfers. Therefore, sufficient proof has not been furnished showing a "proportioned" sales price propor'tioning a part of the financial loss in this project. Also, the record does nOtdisClose any other individuals or parties which have had a financial interest in the property which might affect the sales prices over the years. i5. With reference to the second requirement, the Board finds that has not proven that the subject premises could not be )ther!uses under the Same provision of the ~ ce Use regT~lations (100-71B); i.e. 100% professional ices and businesS offices as compared to the partial (15,000 Mq. ft. project. In fact, the is and proposed ] .ng far permitted Addit~ 7, Other cial (RO are res~ art galleries, ~Useums, libraries,~.wimeries, that ' o£ ~he a view did not for many has a /Z in the subject tO use the .ce uses (by are also L-Office :al home use, It is noted ~ property there ~he record is future the Board's was inadequate ~11 known that the North Fork, that applied to andthe landowner use the land as zoned. 619). reaIize a'reasonable return ~under and.not, however, in f~reseeabie · uns concrete faCts is not sufficient to ory 16. With reference to the third requirement, it is the opinion of this Board that the essential character of the locality will be altered. The locality consists mostly of single-family residences, and there is one preexisting restaurant. Southold Town Board of Appeals -Y- October 17, 1990 Special Meeting (Appl. No. 3915 JORDAN'S PARTNERS decision, continued:) 17. In considering this application, the Board also finds and dete~.,ines: (a) sufficient proof has not been demonstrated as required by the statutes to show that: (1) the property cannot yield a reasonable return with underlying facts in dollars and cents proof; (2) the burden of proof of unnecessary hardship or that literal application of the zoning ordinance would result in unnecessary hardship has not been sufficiently met (Otto v. Steinhilber); (3) the use to be authorized will not alter the essential character of the locality; (b~ the uses proposed are not permitted uses in this zone district and will not be in harmony with the general purposes and intent of the zoning ordinance; (c) the current uses of the property and the zone district regulations are not so restricted that the premises could not be used for reasonable purposes; (d} the Board does not dispute that the circumstances and events which have taken place are unique; (e) the property in question is centrally located in center of other Residential Zone Districts, and although the Residential-Office Zone District does pezmit office use as well as residential use; (f) this Board cannot under the semblance of a variance exercise legislative powers; (g) the denial of this use variance will not cause a building to be destroYed or replaced since the land is vacant with the exception of the foundation wall/footings as mentioned previously; (h) this yariance may not be applicant Claims ahlgher return for retail office use 'or other uses a~thoriz~d in than (il Good faith reliance on an invalid permit does not automatically entitle the applicant to a variance {See Rejman v. Welch, 112 AD2d 7'95, 492 NYS2d 295 (1985, 4th Dept.)}~ Southold Town Board of Appeals -8- October 17, 1990 Special Meeting (AppI. No. 3915 - JORDAN'S PARTNERS decision, continued:) (j) The issue of a use variance is not whether the use as presently zoned is the most profitable use, but merely whether that use will yield a reasonable return, (see Bellanca v. Gates, 97 AD2d 971, 468 NYS2d 774 (1983, 4th Dept.), affd. 61 NYS 2d 878, 474 NYS2d 480, 462 NE2d 1198.) (k) An application for a change of zone is not without merit and has not been exhausted. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief requested in the Matter of the Application of JORDAN'S PARTNERS under Appl. No. 3915, for the reasons stated above. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. ACTION OF T~E BOARD OF APPEALS Upon Application of THOMAS SARGENT for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depthof parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties~ and for approval of reduced~ yard setbacks between existing structures and property lines as proposed. Property location: Private Road off Fox Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-007. WHEREAS, public hearings were held on July 25, 1990 and on September 26, 1990, in the Matter of the Application of THOMAS SARGENT under Appeal No. 3960; and WHEREAS, at said hearings 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, 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 "Low-Density Residential R-40" Zone District and is referred to as District Southold Town Board of Appeals -9- October 17, 1990 Special Meeting (Appl. No. 3960 - SARGENT decision, continued:) 1000, Section 006, Block 06, Lots 012 and 007 on the Suffolk County Tax Maps, situate along a private right-of-way off Fox Avenue, Fishers Island, Town of Southold, New York, as conveyed to Thomas A. Sargent and Allison D. Ijams. 2. The subject premises as exists: (a) contains a total combined lot area of 26,983+-sq. ft. and has frontage along a private right-of-way off Fox Avenue; (b) was conveyed by separate deeds to the Sargents as follows: (1) County Tax Map Lot No. 12 was conveyed on May 20, 1987 by deed at Liber 10330 cp 251 from Cecilia Smith Abbott; (2) County Tax Map Lot No. 7 was con~eyed on Novem- ber 3, 1986 by deed at Liber 10169 cp 01 from J.B. Hartsfield and Audrey Hartsfield; (c) the minimum lot area requirement in effect during the 1986 and 1987 conveyances was 80,000 sq. ft. per lot and were merged due to common ownership. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area per lot of 40,000 square feet. 4. The relief sought by this application is a variance for approval of: (a) proposed Lot #1 with a lot area of 4,938 sq. ft. and lot width of 40 feet, said land presently improved with an existing one'family dwelling and accessory garage structure; (b) proposed Lot 92 with a lot area of 5,331+- sq. ft. and lot width ~f 44.92 feet, Said land presently improved with an existing one-familydwelling; (c) proposed Lot 93 with a lot area of 16,714 +- square feet and 25 ft' frontage along a private right-of-way, said land also improvedWith an existing Single-familydwetling and accessory (storage) shed structure. 5. For the record, it is noted that: Southold Town Board of Appeals -10- October 17, 1990 Special Meeting (Appl. No. 3960 - SARGENT, continued:) (a) the subject premises are nonconforming not only as to lot area and width but as to the number of separate dwelling units {three of which are believed to be preexisting of zoning}, however, a Certificate of Nonconfozming Premises and Buildings (Pre-COs) for Lot Nos. 7 and 12 must be obtained and be in full force and effect prior to effectuation of this variance; (b) lots adjacent to the subject premises to the north consist of lot areas each of approximately 6,000 sq. ft. in area; 6. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since there are three preexisting dwellings; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties for reasons as noted in the above paragraphs; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph %4, supra), in the Matter of the.Application of THOMAS SARGENT under Appl. No. 3960, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for and as shown by the minor subdivision plan dated August 6, 1990, prepared by Chandler Palmer & King; 2. That the accessory shed structure on Lot ~3 (referred to as 16,714 sq. ft.) be used only for storage purposes {and never to be converted or used for sleeping orhabitable purposes}; 3. That the accessory garage (gar. & apt.) structure on proposed Lot %1 may continue 'its present nonconformance (withOut any increase irn size) for a period of not more than ten (10) years, or when the structure is abandoned or permanently vacated bY the present tenant, whichever shall occur first. The Southold Town Board of Appeals -11- October 17, 1990 Special Meeting (Appl. No. 3960 - SARGENT decision, continued:) occupancy of this nonconforming garage-apartment shall then automatically cease and become null and void, and the kitchen and cooking facilities must be removed, returning the use of the building to an accessory storage/garage b~ilding without evidence of sleeping quarters or habitability. Vote of the Board: Ayes: Doyen and Dinizio. (Absent was: resolution was duly adopted. Messrs. Goehringer, Grigonis, Member Sawicki.) This DELIBERATIONS/DECISION: Appeal No. 3957: Upon Application for CHRIS, JAMES and PETER MESKOURIS for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depth of parcel with an existing single-family dwelling (re-separate lots that are merged), Article III, Section 100-31A, and Article XXIII, Section 100-239dA(2) for proposed deck construction which requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required setback from the ordinary high-water mark of Long Island Sound. Property Location: 1350 Sound Beach Drive, Mattituck; County Tax Map No.-1000, Section 106, Block 1~ Lot 36 and Lot 37. WHEREAS, public hearings were held on June 27, 1990 and on September 26, 1990, concerning the Appeal Application filed by Proper-T Services, Inc. in behalf of CHRIS, JAMES AND PETER MESKOURIS under Appl. No. 3957; WHEREAS, at said hearings 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 WB-EREAS, 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 "Low-Density Residential R-40" Zone District and is referred to as District Southold Town Board of Appeals -12- October 17, 1990 Special Meeting (Appl. No. 3957 - MESKOURIS decision, continued:) 1000, Section 106, Block 01, Lot 37 on the Suffolk County Tax Maps, situate along the northerly side of Sound Beach Drive, Mattituck, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total lot area of 15,096 sq. ft. with 75.00 ft. road frontage (lot width); (b) was conveyed by separate deed to the Meskourises by Deed at Liber 10959 page 396 on August 24, 1989, and i~,ediately adjoining the subject lot to the west exists other premises, in co~m~,on ownership, of the Meskourises conveyed by Deed at Liber 10849 page 466 on April 11, 1989. (c) is improved with a single-family dwelling as shown by the May i4, 1990 survey prepared by Anthony W. Lewandowski, L.S. with setbacks as exist at 63.5 feet from the southerly {front} property line, six feet from the easterly {side} property line, 108+- feet from the average high water mark (to the north) of the Long Island Sound, and 13+ feet from the westerly {side} property line. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area of 40,000 square feet and minimum side yards at 15 and 20 feet for a total of 35 feet. 4. Article XXIII, Section 100-239dA(2) requires a setback of not less than 100 feet from the average (ordinary) highwater mark of Long Island Sound for new buildings. 5. The relief sought by this application are variances for approval of: (a) the subject lot with a lot area of 12,506 sq. ft. (per filed map) and lot width of 75 feet, said land presently improved With an existing one-family dWelling; (b) proposed open deck construction to be set back 92+- feet from theaverage highwater mark along the Long Islahd Sound and 1-1/2 feet from the westerly side yard, and total side yards at 7-1/2 feet; 6. For the record, it is noted that: Southold Town Board of Appeals -13- October 17, 1990 Special Meeting (Appl. No. 3957 - MESKOURIS decision, continued:) (a) the subject premises are nonconforming not only as to lot area and width but is believed to have been improved with a dwelling structure built during or before 1960; (b) lots in the immediate vicinity of the subject premises to the west and east are of a similar size in this preexisting subdivision of Cpt. Kidd Estates; (c) the total lot area, to the ordinary highwater mark of the Long Island Sound, is shown tO be 15,096 sq. ft. (d) the total coverage of the lot, with the proposed deck is 2320+- and a variance is not necessary since the total coverage of the parcel by buildings is less than the maximum 20% of lot area to the highwater mark. 7. In considering this application, the Board also finds and determines: (a) the relief as ~ranted will not in turn increase the dwelling unit density, s~nce the parcel is believed to have been improved with a dwelling before 1960; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a g~ant of this variance; (c) there will e no ~ubstantial C~ange in the character of the i~L~L~ediate eighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue., othe~ than a variance; (e) that similar relief was grantedlto County Tax Map Lot 1000-106-1-35 (Subdivision Lot 37) located i]~m~ed±ately to the west of this parcel; (f) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was FOLLOWING CONDITIONS: 1. That the deck be constructed at a height not to exceed 16 inches above grade; 2. That the deck remain open, unroofed and unenclosed at all times (as proposed); Southold Town Board of Appeals-14- October 17, 1990 Special Meeting (MESKOURIS Decision, Continued:) 3. That evidence be furnished in the form of a Certificate ~f Nonconforming Premises, or other documentation Satisfactory to the Board of Appeals, concerning the preexistence of the subject dwelling before issuance of the building permit here- under. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent was: Member Sawicki.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appeal No. 3951: Upon Application for CHRIS, JAMES and PETER MESKOURIS for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, .width and depth of parcel with an existing single-family dwelling (re-separate lots that are merged), Article III, SeCtion 100-31A, and Article XXIII, Section 100-239dA[2) for proposed deck construction which requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required setback from the ordinary high-water mark of Long Island Sound. Property Location: 1350 SoundBeach Drive, Mattituck; County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. WHEREAS, public hearings were held on June 27, 1990 and on September 26, 1990, concerning the Appeal Applicationfiled by Proper-T Services, Inc. in behalf of CHRIS, JAMES AND PETER MESKOURIS under Appl. No. 3951; WHEREAS, at said hearings 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, 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 "Low-Density Residential~ R-40" Zone District and is referred to as District Southold Town Board of Appeals -15- October 17, 1990 Special Meeting (Appl. No. 3951 - MESKOURIS decision, continued:) 1000, Section 106, Block 01, Lot 36 on the Suffolk County Tax Maps, situate along the northerly side of Sound Beach Drive, Mattituck, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total lot area of 10,545 sq. ft. with 50.23 ft. road frontage (lot width) and is shown on the Subdivision Map of Cpt. Kidd Estates as Lot No. 38; (b) was conveyed by separate deed to the Meskourises by Deed at Liber 10849 page 466 on April 11, 1989, and immediately adjoining the subject lot to the east exists other premises, in common ownership, of the Meskourises conveyed by Deed at Liber 10959 page 396 on August 24, 1989. (c) is improved with a single-family dwelling as shown by the May 4, 1990 survey prepared by Peconic Surveyors, P.C. with setbacks as exist at 56.7 feet from the southerly {front} property line, ten feet from the easterly. {side} property line, 9 feet from the westerly {side} property line, and 108+- feet from the average high water mark (to the north) of the Long Island Sound. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area of 40,000 square feet, minimum side yards at 15 and 20 feet for a total of 35 feet and maximum lot coverage for all buildings at 20 percent (or .2109 sq. ft.). 4. Article XXIII, Section 100-239dA[2) requires a setback of not less than 100 feet from the average (ordinary) highwater mark of Long Island Sound for new buildings.. 5. The relief sought by this application are variances for approval of: (a) the subject lot with a lot area of 12,506 sq. ft. (per filed map) and lot Width of 75 feet, sa~d land presently improved with an existing one-family dwelling; (b) proposed open deck construction to be set back 92+- feet from the average highwater mark along the Long Island Sound and 1-1/2 feet from the westerlY side yard, total side yards at 7-1/2 feet, and total lot coverage at 2693+- square feet (2464 sq. ft. existing and 1229 sq. ft. proposed for deck); 6. For the record, it is noted that: Southold Town Board of Appeals -16- October 17, 1990 Special Meeting (Appl. No. 3951 - MESKOURIS decision, continued:) (a) the subject premises are nonconforming not only as to lot area and width but is believed to have been improved, with a dwelling structure built during or before 1960; (b) lots in the immediate vicinity of the subject premises to the west and east are of a similar size in this preexisting subdivision of Cpt. Kidd Estates; 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel is believed to have been improved with adwelling before 1960; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this Variance; (c) there will be no substantial change in the character of the i~,~,ediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that similar relief was granted to County Tax Map Lot 1000-106-1-35 (Subdivision Lot 37~ located to the west of this parcel; (f) 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 bygranting the variance, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph $5, supra), in the Matter of the Application of CHRIS, JAMES and PETER'MESKOURIS under Appl. No. 3951, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be constructed at a height not to exceed 16 inches above grade; 2. That the deck remain open, unroofed and unenclosed at all times (as proposed); Southold Town Board of Appeals -17- October 17, 1990 Special Meeting (Appl. No. 3951 - MESKOURIS decision, continued:) 3. That evidence be furnished in the form of a Certificate of Nonconforming Premises, or other documentation satisfactory to the Board of Appeals, concerning the preexis~.ence of the subject dwelling before issuance of the building permit here- under. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent was: Member Sawicki.) This resolution was duly adopted. DELIBERATIONS/DECISION: Appeal No. 3963: Application for FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30A.4 (100-33) and Article XXIII, Section 100-239.4B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard and with a setback of less than 75 feet from the bulkhead. Location of Property: 780 Haywaters Road, (Peconic Bay Properties Subdivision), Cutchogue, NY; County Tax Map District 1000, Section 111, Block i, Lot 016. WHEREAS, a public hearing was held on September 26, 1990 and all those who desired to be heard were heard and their testimony recorded; WHEREAS, 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 known and referred to as 780 Haywaters Road, in theHamlet of CutchOgue, Town of Southold, is identified as part of Lot %45, part of %27 and Lot %26,'on he Map of "Peconic Bay Properties" at Fishermen's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 feet and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the July 19, 1990 sketch submitted for consideration. Southold Town Board of Appeals -18- October 17, 1990 Special Meeting (CURRANdecision, continued:) 3. By this application, appellant req~/ests variances for permission to locate a new 20 ft. by 30 ft. accessory garage/structure in the easterly side yad area with a setback of three feet from the easterly property line and 8-1/2 feet from the closest setback from the outer edge of the bulkhead along Haywaters Cove. 4. Although~the amount of relief requested by this application is substantial in relation to the requirement, the setbacks requested are not out of character with those generally existing in the immediate neighborhood and with those setbacks of the existing dwelling on this parcel. The accessory garage structure will not be closer to the bulkhead than the dwelling structure and will not be closer than 75 feet to the. front proper~y line along Haywaters Road. 5. For the record it is noted that a Waiver Permit has been issued by the Southold Town Trustees on September 27, 1990. 6. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the practical difficulties; (b) the difficulties cannot be obviated by some method feasible fOr appellant to pursue other than a variance; (c) the location of the dwelling as requested will not change the essential character of this residential co~,~unity; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, and will be within the limitations set for lot coverage at less than the 20 percent of the total lot area; (e) in carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is within the best interests of justice to grantthe variance, as applied and further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3963 in the Matter of FRANK CURRAN for the location of a 20 ft. by 30 ft. accessory garage structure with reduced setbacks Southold Town Board of Appeals -19- October 17, 1990 Special Meeting (CURRANdecision, continued:) from the existing bulkhead at 8-1/2+- feet and at not less than three feet from the easterly side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Tha~ there be no disturbance of the land between the ~arage structure and the existing bulkhead (and no disturbance to any bulkhead tie backs). 2. T~at leaching basins and gutters with down-spouts to properly retain run-off on site be placed where necessary. 3. That the garage ha-~e overhead or pull-out doors at a height of approximately seven feet (and not less than six feet in height) on the northerly side facing Haywaters Cove and on the southerly (front) section facing Haywaters Road for ingress and egress. 4. That the height of the garage to the top of the ridge not exceed 20 feet; 5. That the accessory building be used only for garage or storage purposes, as applied, with no utilities except electrical utilities. 6. That the relief granted hereunder will supersede that relief granted under Appeal No. 3768 for a pool with deck and fence enclosure, which is now withdrawn from the record. Any proposed for construction other than as applied herein will require a separate variance application for consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Southold Town Board of Appeals -20- October 17, 1990 Special Meeting ACTION OF THE BOARD OF APPEALS Appeal No. 3966: Application for PETER BLOOM for a Variance to the Zoning Ordinance, Artictl IIIA, Section i00-30A.3, as disapproved, for permission to construct a deck addition to existing residence with insufficient sideyard setbacks. Location of Property: 40 Old Shipyard Lane and 580 L'Ho~m~edieu, $outhold; County Tax Map District 1000, Section 64, Block 2, Lot 53. WHEREAS, a public hearing was held on September 26, 1990 in the Matter of the Application of PETER BLOOM under Appeal No. 3966; 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 southerly side of L'Hommedieu Lane in the Hamlet and 'Town of Southold, is also known as Lot ~71 on the !'Map of Founders Estates" filed in the Suffolk County Clerk's Office as Map No. 834, and is moreparticularly identifiedOn the Suffolk Count~ Tax Maps as District 1000, Section 64, Block 2, Lot 53. Southold Town Board of Appeals -21- October 17, 1990 Special Meeting (BLOOM Decision, continued:) 2. The subject premises is a substandard parcel containing a total lot area of approximately 7,500 square feet, and is a corner lot with two street frontages: 49.79 feet along Old Shipyard Lane and 150.13 feet along L'HommeDieu Lane. 3. The subject premises: (a) is improved with a one-and-one-half store single-family dwelling set back at its closest point from the northerly {front} property line 14 feet, exclusive of stoop area, 12+- feet from its closest point to the southerly property line, and 36 feet from the easterly {front} property line; (b) is located in the R-40 Zone District which requires a minimum side yard at 15 feet. 4. Appellants are requesting permission to construct raised deck encompassing the existing flagstone patio area and a partial raised deck around the west side of the house adjacent to the garage. The width of the proposed deck at its widest point is to be 11 feet, and the depth 33'6" (west to east). The setback of the proposed deck will be the same as the existing flagstone patio at approximately 1-1/2 feet from the southerly property line. 5. In considering this application, the Board also finds and determines: (a) that the grant of the variance will not be adverse to the essential character of the neighborhood; (b) 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; (c) the grant of the variance will not increase dwelling Unit density or cause a substantial effect on available governmental facilities; relief; (d) the relief is the minimum necessary to afford (e) the practical difficulties claimed are sufficienti Southold Town Board of Appeals -22- October 17, 1990 Special Meeting (BLOOM Decision, continued:) (f) the difficulties cannot be obviated by some method feasible to appellant to pursue, other than a variance; (g) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief requested under Appeal No. 3966 in the Matter of PETER BLOQM for a new deck addition as describedabove, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck construction~be not closer than eighteen (18") inches to the southerly (side; property line; 2. That the deck not exceed sixteen (16") inches above grade; 3. That the deck construction remain open and unroofed, and not be enclosed, as proposed; 4. That any ligts be ground lighting shielded to the ground. 5. That the deck construction not be converted for livable floor area (as proposed). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -23- October 17, 1990 Special Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3967: Application of KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33 as disapproved, for permission to locate accessory building in an area other than the required rear yard. Location of Property: East End Road, Fishers Island, NY; County Tax Map DiStrict. 1000, Section 004, Block 804, Lot 016. WHEREAS, a public hearing was held on September 26, 1990 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 along a private right-of-way off Orientale AVenue at Fishers ISland, Town of Southotd, and is identified on the Suffolk CoUnty Tax Maps as DiStrict 1000, Section 4, Block 4, Lot 16. Southold Town Board of Appeals -24- October 17, 1990 Special Meeting 2. The subject premises contains a total lot area of 4.34+- acres and is improved with a dwelling and structures as shown on the May 18, 1987 survey prepared by-Chandler, Palmer & King (and updated March 26, i990). 3. By this application, appellant proposes to locate a 26 ft. by 24 ft. accessory garage structure in the yard area facing the private road, which technically is the front yard area. The subject building is proposed for those accessory uses specifically pe~alitted in the zoning cede for this R-i20 Zone District and at a height not to exceed 16 feet to the ridge (proposed~. (See copies of construction plan sketch prepared by James Volney Righter, Architects dated March I6, 1990 for building data.) 4. Article III, Section 100-33 (referred from Article III-A, Section 100-30A. 4) of the Zoning Code allews accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; (b) that there is no other method for appellants to pursue; and placing the structure in any other location on the premises would require other variance relief; (c) that the area chosen for the accessory structure is not unreason~'hly lOCated, being 445+- feet from the private road and 55 or more feet from the edge of the marsh; (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 precedents have been established in area waterfront co~uunities for the same or similar placement of accessory buildings in a yard area different .than the seaward areas of the dwellings; Southold Town Board of Appeals -25- October 17, 1990 Special Meeting (f) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of KIM CAMPBELL as applied under Appeal No. 3967 for the placement of an accessory garage/storage building in the front yard area (as described in the above Findings), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building be located as requested (445+- feet from the private road and 55 or more feet from the nearest marsh area); 2. That the accessory building not exceed the proposed height at 16 feet from grade; 3. That the subject accessory building not be used for habit~ble, sleeping or business purposes; 4. That the size of the building not exceed 20 feet by 25 feet at any time; 5. Ail other provisions of the Code as pertain to accessory uses and accessory buildings for this Zone District (such as storage and garage uses). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Member Sawicki was absent.) This resolution was duly adOPted. So.uthold Town Board of Appeals -26- October 17, 1990 Special Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3964-SE. Appication of KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31B(14), as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family structure. Property location: 3305 Aldrich Lane, Laurel; County Tax Map No. 1000, Section 124, Block 1, Lot 3.2. WHEREAS, a public hearing was held on September 26, 1990 and 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, Board Members have personally viewed and are familiar with the premises in question, the physical characteristics of the land, its present zoning Classification, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. Excep- tion to for permission to in a proposed addition dwelling as more particularly on the constrUction Plan sketch dated July 2, 1990 referred to as Plan No. 1304F. 2. The premises in question is located in the R-80 Residential and AgriCultural Zone District, containing a total area of approximately 41,000 sq. ft., and extends off the westerly side of Aldrich Lane by a private right~of-way. So~thold Town Board of Appeals -27- October 17, 1990 Special Meeting 3. The subject premises is improved with an one-story, single-family dwelling with attached garage (without the sketched addition) as more particularly shown on the June 24, 1977 Survey prepared by Young & Young, L.S. (No. 77'427). 4. Upon information furnished, the proposed addition will be that area to be occupied by the Accessory Apartment use, and the square footage of the principal single-family dwelling use is given at 1,732+- square feet. 5. Article III, Section 100-31B(14) of the Zoning Code permits the establishment of: ...One Accessory Apartment in an existing one-family dwelling...subject to requirements (a) through (p), inclusive. 6. Subsection (m) of Section 100-31B(14) of the Zoning Code provides that the "...building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January I, 1984." 7. It is noted that both areas (within which the principal dwelling use and A~cessory Apartment use) are to be located must have been in existence prior to January i, 1984 in order to meet the requirements of thisArticle. was July 7, 1977. existence January Apartme] has been in 'prior to the area within'which theproposed Accessory does not exist. the ~ 1990, g~ant ~r this Board to principal building as existed on or before January 1, 1984. So~thold Town Board of Appeals -28- October 17, 1990 Special Meeting 10. In considering this application, the Board finds and detezmines that it is without authority to grant a Special Exception use where the project does not meet all of the requirements of the Zoning Code {Knadle v. ZBA of Huntington, 121 AD2d 447 (19862; Roginski v. Rose, et al., 63 NY2d 735 (1984)}'. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY, without prejudice to re-apply, the Special Exception as requested and as applied under Appl. No. 3964 in the Matter of the Application of KENNETH MINNICK. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. [Absent was: Members Sawicki.) This resolution was duly adopted. ENVIRONMENTAL Mr. G~ehringer, see Motion was made by Mr. DoYen, to declare the following on each~Of the following, as noted, infra: APR!. NO. No. (Brudermann) , Swahn No. 3! Santacroce Appt. No. 397 ~ station Ltd. No. 3977 ~ ] [. · NO~ 3968 - IrE ~ Miller Appt~ No. 3975 - Arthur G. Carlson Southold Town Board of Appe October 17, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. Goeliringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION 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 October 17, 1990 Appeal No. 3969 Project/Applicants: County Tax Map No. Location of Project: Andrew Burkard lO00- 15-5--24.13 370 Uhl Lane, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct two-foot extension of garage attached to dwelling with an insufficient front yard setback. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established'list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involvedagency. This determination shall not, however~ affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southotd, NY 11971 at (516) 765-1809. mc Southold Town Board of October 17, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 ..: Southold. New York 11971 BOARD OF APPEALS Fax (516) 765-1823 TOWN OF SOUTHOLD -' Telephone (516) 765-1800 October 17, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3974 Project/Applicants: Donald L. 0sani County Tax Map No. 1000- 79-5-]0 and ]] Location of Project: Bayview Rd. & Re3d0n Dr., S0uth0]d, NY Relief Requested/Jurisdiction B~fore T~.is Bgard in t~is.Pr~ject: Re-separate into two parcels as ShOWn Dy separate conveyances, each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District 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 L~w and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) FOrm has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under theestablished list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affectany.other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appe~ October i7, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 - Southold, New York 11971 BOARD OF APPEALS ': Fax (516) 765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 17, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3980 Project/Applicants: Virginia 0]ga kee County Tax Map No. 1000- 92~7z4 Location of Project:J455 Cedar Beach Road 5asr, $0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck addition to dwellin§ with insufficient s~deyard setback and reduced front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submi%ted with the subject~application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall Under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, .however, affect any other agency's interest aS an involved agency unaer SEQRA 6~7.2Jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516~ 765-1~09. mc Southold Town Board of Appe October 17, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. GoelJringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicld 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 S.E.Q.R.A. October 17, 1990 TYPE II ACTION DECLARATION Appeal No. 3978 Project/Applicants: County Tax Map No. Location of Project: Donald & Dorothy Swahn lO00- 123-8-8 Park Avenue, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of insufficient lot area and width (frontage) of two proposed parcels, each with-an existing dwelling, in this pending division of land 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 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject applicationindicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setbaCk, area or lot-line variances determines this apPlicatiOn to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY~l1971 at (516) 765-1809. mc Southold Town Board of October 17, 1990 APPEALS BOARD MEMBERS Gerard 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 October 17, S.E.Q.R.A. TYPE II ACTION DECLARATION SCOTT k HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1990 Appeal No. 3971 Project/Applicants: Valerie M. Kramer County Tax Map No. 1000- 34-5-20 Location of Project: 730 Robinson Rd. & 980 Manhanset .Rd., Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct new dwelling with insufficient setback from existing bulkhead and from the easterly (front) property line 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. An Environmental Assessment (Short) Form has been submitted with the subject'application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area Of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of:Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc So~thold Town Board of Appe~ October 17, 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Roa~i P.O. Box 1179 . Southold, New York 11971 BOARD OF APPEALS ~ Fax (516) 765-1823 TOWN OF SOUTHOLD "Telephone (516) 765-1800 October 17, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3976 Project/Applicants: Thomas and Marian Santacr0ce County Tax Map No. 1000- 38-]-].2 Location of Project: Shipyard Land and Main Road, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct off-premises ground sign to advertise for business purposes 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined thatthis Board's area of jurisdiction concerning setback, area or lot-line variancesdeterminesthis application to fall under the established list of Type II Actions. Pursuant to section 617,2jj, this Department is' excluded as an involved agency. This determination shallnot, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc $o~thold Town Board of October 17, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis. Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF APPEALS Fax (516) 765-1823 TOWN OF SOUTHOLD Telephone (516)765-1800 October 17, 1990 $.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3972 Project/Applicants: Petrol Station Ltd. County Tax Map No. 1000- 109-l-23 Location of Project: Main Road, Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of proposed Lot #4 which will have insufficient area in this RO Zone~District 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that nosignificant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fail under the established list of Type II Actions. Pursuant to Section 617.21jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, SOuthold, NY 11971 at (516) 765'1809. mc Southotd Town Board of October 17, 1990 Meeting APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 SCOr~' L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box !179 Southold, New York 11971 Fax (516) 765-1823 "Telephone (516) 765-1800 S.E.Q.R.A. October 17, 1990 TYPE II ACTION DECLARATION Appeal No. 3977 Project/Applicants: Betty J. C0pin County Tax Map No. 1000- 52-5-54 Location of Project: 2]95 A]berts0n Lane, 6reenport, NY Relief Requested/Jurisdiction 'Before This Board in this Project: Locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line This Notice is issued pursuant to Part 617 of the implementingregulations 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. An Environmental Assessment (Short) Form has been submitted with the subject application indicatinq that no significant adverse environmental effects are likeiy to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of October 17, 1990 Special Meeting APPEALS BOARD MEMBERS Gerard P. Goeliringer, 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 S.E.Q.R.A. October 17, 1990 TYPE II ACTION DECLARATION Appeal No. 3979 Project/Applicants: Thomas J. G0rman County Tax Map No. 1000-]2]-4-23 Location of Project: ]8 Crescent Drive, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: For approval of location of two accessory (storage) buildings in the front yard, as exists. 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. An EnvirOnmental Assessment (Short) Form has been submitted with the subject appl~ication indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback~ area or lot-line variances d~termines this application to fali under the established list of TYPe II Actions· Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, hoWever, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc .So~thold Town Board of Appe~ October 17, 1990 APPEALS BOARD MEMBERS Gerard P. Goelkringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 ~ Southold, New York 11971 BOARD OF APPEALS Fax (516) 765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 17, 1990 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3968 Project/Applicants: Irene R. Miller County Tax Map No. 1000- 6813-]0 Location of Project: Lake View A~e., S0uth0ld, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate proposed dwelling structure with a setback of less than 100 feet from top of bluff on this 42,930 sq. ft. parcel 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 Lawand Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. -It is ermined that this Board's area of jurisdiction conce area or lot-line variances determines this fall under the established list of Type II Actions. Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agencY's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Board Of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN..JR. JOSEPH H. SAWICKI JAMES DINIZIO. JR. -39- October 17, 1990 Special Meeting $outhold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SnUTHrlLD, L.I., N.Y. 'l'lCJT] Date: S.E.Q.R.A. TELEPHONE ('516) 765-1809 October 17, 19~ UNLISTED ACTION Notice of Determination of Non-Significance Appeal No. 3975 Project/Applicants: Arthur G. Carlson County Tax Map No. 1000- 69-5-]3.2 Location of Project: ]575 Lower Road, S0uth0]d, NY Relief Requested/Jurisdiction before this Board in this Project: Approval of mariculture uses This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. An Environmental Assessment [Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an area with land contours 10 or more feet above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimaland not directly related to new construction (such as nonconforming use variance or use permits); { } this Boardwishes sume Lead Agency status and urges coordinated written be submitted within the next 20 days. For more information, please.contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. and/or Suffolk County Department of Health Services. mc ~$outhold Town Board of Appeals -40- October 17, 1990 Special Meeting~ (Environmental Declarations, continued:) Appl. No. 3970 - McDonald's Corp. 1000-122-7-3.001. The following was reconfirmed for the record since the last meeting of the Board for future reference, if needed: NOTICE OF INCOMPLETE APPLICATION UNDER S.E.Q.R.A. Pursuant to Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has determined this application, under SEQRA, to be incomplete in the following areas: Lack of a grading and drainage map with existing and proposed topographical grades at two-foot intervals and 200 feet beyond the property lines. b. Lack of a drainage plan. Further, please note that: (X) This project is subject to SEQRA; (X) The Town Agencies involved are (1) the Planning Board under its site plan reviews, and I2) the Board of Appeals for consideration of the Special Excep- tion which is a listed permitted use in this Zone District; (X) Lead Agency Determination is pending at this time {Lead Agency to be accepted by Planning Board of the Town of Southold upon receipt of a full application under its site plan reviews}. The following additional correspondence to the Town Planning Board whichis incorporated herein for future reference: "...This will confirm our discussions on August 31, 1990 between Valerie Seopaz and Mark McDonald of your office, concerning the applications of McDonald's, that the Board of Appeals as an involved agency, waives lead agency status and urges the Planning Bo~rd'to proceed as lead agency under the N.Y.S. Environmental Quality Review Act (SEQRA) regulations, particularly dueto the follOwing: the sits plan elements and physical construction of the access driveways, drainage facilities, land- scaping, a~/or contour alterations are major considerations to be determined under Planning Board jurisdiction; the application under consideration in this application before the Board of Appeals is not directly related to physical change of the land. ~Southold Town Board of Appeals -41- October 17, 1990 Special Meeting (Environmental Declarations, continued:) McDonald's, letter to the Planning Board continued: Also, determinations must be made by the Planning Board as to: 1. Whether proposed traffic accessways are adequate in width and visibility for safe exiting onto the Main Road and whether they are located in proper relationship to pedestrian crossings from other business or residential areas; 2. Whether the accessways are in conformance with overall traffic safety considerations, including N.Y.S. Department of Transportation reviews in the preliminary stages of the application; 3. Whether on-site circulation is designed with extreme safety to pedestrians entering and leaving the building; 4. Whether on-site drainage will be sufficient to retain waters from heavy rainfalls - particularly in the walkways for pedestrians from the parking areas to the building (eliminating any unsafe detours for pedestrians in other vehicular areas to get around to the building); 5. That any outside activities, such as picnic tables or the like, be treated as part of the principal use of the site, and not be located less than the minimum setback yard areas required for a principal use/building structure; 6. That exterior lighting be of a type to project light toward the ground and not projecting toward motorists. 7. That no telephone facilities be located within the visibility of vehicles exiting the site. 8. That the site comply with the zoning code , and the buildings should be located t0 allow for.some future expansi6nwi~hout the necessity for any variance. 9. Th~ in the the SpE be dj zoning code, then the more stringent requirement shall be adhered to (i.e. fencing, etc.) By way of this correspondence, the applicant is urged to proceed with a complete application through the PI office. Our department as an involved agency must all written c~muuniCations and developments under the Site Plan procedures... " ~ rSosthold Town Board of Appeals -42- October 17, 1990 Special Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio and Goehringer. (Member Sawicki was absent.) This resolution was duly adopted. UPDATE: Pending Hearing - Appl. No. 3979. Application by ARTHUR G. CARLSON. The Chairman scheduled an additional on-site inspection for the Board Members to view the applicant's activities under this application, one in particular being "coOking of conches." A tentative date for Saturday morning at about 11:00 is to be requested of the property owner. The following meetings were confirmed: October 18, 1990 Legislative Code Committee 7:30 p.m. October 24, 1990 Planning & Zoning Committee 7:30 p.m. November I, 1990 ZBA Regular Meeting & Hearings There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 8:25 p.m. Respectfully submitted, pproved- 11/1/9~/ // / RECEIVED AND FILE D BY sout o _~ ~erk, Towm