Loading...
HomeMy WebLinkAboutZBA-12/13/1990 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. 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 THURSDAY r DECEMBER 13, 1990 A Special Meeting was held by the Southold Town Board of Appeals on Thursday, December 13, 1990, commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairm~n; Serge Doyen, Jr., Charles Grigonis, and James Dinizio, consisting of the entire board (four members) at this time. Motion wasmad~by Chairman Goehringer, seconded by the entire board, as folXows: 1, 1990 and to the WHEREAS, in his service to the People of the Town of Southold aS a public official, Mr, Sawicki distingUiShed himself as a very dediCated and conscientious public servant; and WHEREAS, theBoard of Appeals of the Town of SouthoId will be deprived of his professional knowXedge and'experience, now therefore be it ~wuthold Town Board of Appeals -2- December 13, 1990 Special Meeting RESOLVED: that the Board of Appeals of the Town of Southold hereby expresses their most sincere appreciation-to JOSEP~ ~. SAWICKI for his unselfish and wholehearted cooperation and untiring efforts on behalf of the TOWN for~the past ten (10) years, and hereby further extends their very best wishes for his retirement years ahead; and be it f~rther RESOLVED: that this resolution be presented to Joseph H. Sawicki and a copy be entered in the permanent records of this Southold Town Board of Appeals Meeting. VOTE OF THE BOARD: ATES: All. UPDATE/DISCUSSION: Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICC~IO. The Board is awaiting an original survey (requested 1t/29/90} of the original house locatio~ (before removal) which is claimed t° have been legally nonconfo~ng as to setbacks before reconstruction under the s~b}ect building permit. Also to be returned from Mr. Cardinale are the two sets of building plans which were berro~ed by him for d~plication on November 1st. The POssibility of re-opening the hearing if the above documents are not received by the advertising deadline for the early January I991 meeting, and the Board members felt it is necessar~ and agreed to advertise same for reopening allowing time forsu~mission of the above documents and allowing time for deliberations ar~lreview of same (if they were not received on or before December 28, 1990.) 94 received ~%ot the DepartmeNt with fas the questions is not the site plan is ~ the conditions of the site plan approval are, and ~ on the premises as ~f todaY~' The secretary' was proceed in the B~ard's behalf to obtain whatever documentation she feels is relevant to this applicatio~ and consult.with the Town Attorney's office. A cu-rrent surveyor, plan showing the existing buildings and their uses was also requested before this matter is scheduled for a public hearing. Southold Town Board of Appeals -3- December 13~ 1990 Special Meeting DELIBERATIONS/DECISION: Appeal No. 398~: Upon Application for HERBERT AND CATHERINE LINDVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and Will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width of this parcel are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road 612), $outhold, NY; County Tax Map Parcel No. 1000-87-4-7. WHEREAS, the public hearing was held on November 29, 1990, and all persons 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"rZ0ne District and is referred to as District Southold Town Board of Appeals 4- Dec~ (Appl. No. 3985 - LINDVEIT decision, conl 1000, Section 87, Block 04, Lot 004 on t! Maps, situate along the southeasterly si( Southotd, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total combined ft. with 65.00 ft. road frontage (lot wi( (b) is improved with a single- shown by the applicant's sketch of a sur~ as exist from the bulkhead at 33 feet, fl yard at 4.7 feet, from the easterly side total side yards at 18.7 feet, all from Also existing on the site is a frame she~ building for the well, both located in t~ yard area. The frame shed is situated 3 westerly side property line. 3. Article IIIA, Section 100-30A.3 code (as amended January 9, 1989) require of 15 feet and 20 feet, total sideyards at feet. 4. Article XXIII, Section i00-239.4 not less than 75 feet from the bulkhead a 5. The relief sought by this applic approval of: (a) reduction of the westerly proposed cantiliver (over-hang) of two fe (b) proposed open deck constru reconstruction (including a new second st 23+- feet from the bulkhead at its closes (c) total side yards at 13.7 f and at 9.5 feet with cantilevered over-ha 6. For the record, it is noted that this parcel on the west side received sid~ variances on September 21, 1989 under App ~mber 13, 1990 Special Meeting ~inued:) Le Suffolk County Tax [e of Windy Point Lane, lot area of 10,688 sq. .th); family dwelling as ~ey indicating setbacks om the westerly side yard at 14 feet, and heir closest points. and concrete block e nonconforming front 4 feet from the of the current zoning s a minimum side yard not less than 35 B requires a setback of long Corey Creek. ation are variances for side yard for the ~t; ~tion and ry) to be set back point; et (without over-hang) 2g. the premises abutting and rear yard [. No. 3865 (BUrst). Southold Town Board of Appeals -5 - December 13, 1990 Special Meeting (Appl. No. 3985 - LINDVEIT decision, continued:) 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 has been since prior to 1964 andpresently is improved with a dwelling; (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) the difficulties are due to the uniqueness of the land and are not personal to the property owners; (f) that in view of the manner in which the difficulties arose, and in con- sidering all 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. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph 85, supra), in the Matter of the Application of HERBERT AND CATHERINE LINDVEIT under Appl. Ho. 3985, SUBJECT TO THE FOLLbWING CONDITIONS: 1. That the deck construction proposed at the easterly side be not closer than eight (8') feet to the property line (may be clipped to conform with the 8 ft. setbaCk); 2. That the deck remain open and not fully enclosed; 3. That the setbacks be not closer than 4.5 at the westerly side and not closer than 8.0 feet at the easterly side (with the exception of the two-fOot over-hangs), as applied ~more particularly shown on the September 18, 1990 survey prepared bY Peconic Surveyors, P.C.}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of all four members at this time. This resolution was duly adopted. Southold To~wn Board of~Appeals -6- December 13, 1990 Special Me.eting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3986: Application of BARRY & BEVERLY LEHR. Uariance to the Zoning Ordinance, Article III, SeCtion 100-30.2A for approval of the location of accessory building located in an area Other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision Map of "West Creek Development" filed July6, 1937 as County File No. 1236. County Tax Map:Parcel No. 1000-76-1-1. WHEREAS, a p}~hlic hearing was held on November 29, 1990, at which time 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 pr~sent 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 Sun Lane at BayView, Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 76, Block i, Lot 1. Southold Town Board of Appeals -7 .... December 13, i990 Special Meeting (Appl. No. 3986- LEHRdecision, continued:) 2. The subject premises contains a total lot area of 6,733 square feet (to tie line along Goose Creek) and is improved with an one-story dwelling and the sub}ect frame shed structure as shown on the survey updated August 23, 1990 prepared bT Peconic Surveyors. 3. The a~cessory storage building which is the subject of this appeal aPPliCation is situated partly in the front yard area and side ~ard area and is aPProXimat~iy 18-1/2 feet by 8-1/2 feet, at a height of not more than nine feet. 4. For the record it is no%ed that the subject accessory building has been existing Since about i962~ The zoning provision for accessory buildings in the "A" Residential and Agricultural D~strict during this time period, under Section 300, subsection 7, was permitted by town policy to "not require a building permit, provided that all use, height and yard ~eq~i~ements had been c~mplied with." The~yard requirement was · 'no~ less than fifty (50) feet from~the front lot line.'' A letter from the previous building inspector was furnished for the record indicating that at the time he had considered the accessory building, he di~ n0~ require a building permit under Section 703 of the earlier zonin~ code. 5. Article III, Section 100-33 (referred ~romArtic~e III-A, SeCtion~10~-30A. 4 from the R-40 District provisions) of the Zoning Code allows accessory buildings to be toc~ted in the required rear ¥~rd area, but does not ProVide for accessory buildings to be located in any other yard area. Due to the nature of the size and character of the property and the location of. the dwelling as exists, the location chosen for the frame shed is not unreasonable. There is no alternative location to place the accessory building without a variance in any of the open yard areas due to the nonconformities of the premises and dwelling structure. 6. In considering this application, the Board finds and determines: (a~ that the circumstances of this application are uniquely related to the land; Southold Town Board of Appeals -8- December i3, 1990 Special Meeting (Appl. No. 3986 - LEHR decision, continued:) (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 un~eason~bly 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 precedents have been established in area waterfront communities for the same or similar placement of accessory buildings in a yard area different th~n limited yard areas seaward [and usually the technical rear yard) of the dwelling; (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 Fir. S0ehr~n§er, seconded by Mr. ~r~§0n~$ , it was RESOLVED, to GRANT a Variance in the Matter of the Application o~ BARRY AND BEVERLY LEHR as applied under Appeal No. 3.986 for the placement of a frame shed structure in the westerly yard area as more particularly shown on the August 23, 1990 survey, SUBJECT TOTHE FOLLOWING CQNDITIONS: 1. That the accessory building not exceed one-story height (1~ feet or less); 2. That the subject accessory building not be converted or increased in size for use for habitable, sleeping or business purposes (to be used for storage purposes incidential to the residence only); 3. That there be no plumbing facilities placed within the building, 4. Ail other provisions of the Code. as pertain to accessory uses and accessory buildings for this Zone District . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig°his andDinizio, consisting ofthe entire board. This resolution was duly adopted . Southold Town Board of Appeals -9- ~ecember 13, 1990 Special Meeting Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) £as excists} along the Main Road of proposed Lot ~3 and for approval of insufficient lot depth of proposed Lot ~2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a privateright-of-way. Zone Districts: B-General Business and Agricultural Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, and 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~bmitted 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 portion of the subject premises which is under jurisdiction in this variance application consists of approximately 82,880 sq. ft. and is located in the "B" General Business Zone District. The remaining 17.6+- acres is located in the "A-C" Agricultural-Conservation Zone District. Southold Town Board of Appeals -10- December 13, 1990 Special Meeting (Appl. No. 3987 - S.H. FRIEMANN decision, continued:) The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot ~1} is 683.44 feet (inclusive of easements}. 2. The subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated November t, 1990. 3. Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. 4. The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot ~3 with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way (or 117+- feet exclusive); (b) proposed center lot referred to herein as Lot 92 with a total lot area of 40,192 sq. ft., inclusive Of right- of-way or easements; (c) access to Lot #2 and Lot $1, over a 22 ft. wide right-of-way, half of which is shown to be located upon premises of the applicant and the other half upon premises of S & E Realty Co. (parcel to the east referred to as 1000-097-5-012}. 5. For the record, it is noted that the condition of the right-of-way is excellent without the necesSityfor'further improvements at this time, except, however, that the entire access rOad must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access by emergency (fire) Vehicles. 6. In considering this application, the Board also finds and determines: (a) the relief as gr.anted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Southold Town Board of Appeals -11- (Appl. No. 3987 - S.H. FRIEMANN decisi¢ grant of this variance; (c) there wilZ change in the character of the neighbort would not be set since the shape and ch~ ~cember 13, 1990 Special Meeting continued:) · be no substantial Lo°d, and a precedent ~racter of this land has existed since before the enactment of difficulties cannot be obviated by some appellant to pursue, other than a variaz of the manner in which the difficulties sidering all the above factors, the intE served by granting the variance, as con~ z¢~ning in 1957; (d) the method feasible to the .ce; (e) that in view arose, and in con- .rests of justice will be .itionally noted below. Accordingly, on motion by Mr. Dini~ Mr. Goehringer, it was RESOLVED, to GRANT the relief as rE paragraph $4, supra), in the Matter of t ASSOCIATES (S.H. FRIEMAN & OTHERS) unde~ TO THE FOLLOWING CONDITION: That the access right-of-way be ma io, seconded by quested (and noted in he Application of H & S Appl. No. 3987, SUBJECT [tained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law). ~ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grig°his and Dinizio. This resolution Was duly adopted. Southold Town Board of Appeals -12- December 13, 1990 Special Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3977: Application of BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section iOQ- 3B(4) for permission to locate a.ccessory (garage) building psrtly in the side yard and rear yara with a~setback at less thah the required 20 f~et from the southerly property line. The lot area o~ this parcel is nonconforming at 40,000 sq. ft. in this R-88 Zone District. LoCation of Property: 2195 Albertson Lane, GreenportNY; County Tax'Map Parcel No. 1000-52-5-54. WHEREAS, a public hearing was held on November 1, 1990, continued on November 29, i990, at which time all those who desired to be heard were heard, both in favor and against this application, and their testimony recorded and made a part of the record; 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 along the westerly side of Albertson Lane at ArshamOmaque, Greenport, Town of Southold, and is improvedwith a single-family dwelling structure situated approximately 88 feet fromlthe front property line (along Albertson Lane). 2. The subject premises contains a total lot area of 40,000 square feet with 150 ft. lot width (road frontage). Southold Town Board of Appeals- 13- December 13, 1990 Special Meeting (AppI. No. 3977 - COPIN decision, continued:) 3. The accessory storage building which is the subject of this appeal application is proposed to be located 10 feet from the westerly property line and a minimum of 75 feet from the freshwater pond, as more particularly shown by the sketch s~bmitted with this application. The dimensions proposed are 24 feet by 32 feet~ 4. .It is noted that the application, for a building permit dated August 29, I99Q for a setback at'lO feet from the westerly property line was denied by the building inspector (9/2t/90~ under Section ~80-33B of the Zoning Code. The amendment to the zoning provision for accessory buildings in the "R-88" Residential and Agricultural District was filed with the N.¥.S. Department Of State on July 23, t990. Immediately prior to the amendment, accessory buildings were permitted to be loCated in the rear yard with setbacks at not less than three feet from any property line. 5. Article III, Section t08-33 (referred from Article III-A, Section 100-30A.4 from the R-40 District provisions) of the Zoning Code allows accessory buildingsto be located in the required rear yard area, but does not provide fer accessory buildings to be lOCa~ted in any other yard area. This provision also requires accessory buildings to beset back not less than 20 feet from any lot line for lots containing from 40,000 to 79,999 Sq. ft. in area. 6. It is the position( that the 'location requested is not unreasonable in the extensive screening (af ~edar.trees) i old red cedartree just west of the rear Of ~he dW~llingl Also the Placement of area of not only this the west (which is Preseatty vacant). To place-the ~ to the west or to the north wo~td r~qui~e a variance under Section.1~0-239-4 Of the code (wetland~setback provision;. There is no alternative location to place the accessory building in any other yard area~without a variance, 7. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land and are not personal to the landowner; (b) that there is no other method feasible for appellants to pursue other than a variance; Southold Town Board of Appeals -14- December 13, 1990 Special Meeting (Appl. No. 3977 COPIN' decision, continued:) (c) that the area chosen for the accessory structure 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; (f) that in carefully considering the record and all the above factors, the interests of ~ustice will be served by granting the variance, as applied and co~ditionaliy noted below. Accordingly, on-motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRAN~ a Variance in the Matter of the Application of BETTY J. COPIN as applied under Appeal No. 3977 for the placement of an accessory building in the rear yard area and partly in the westerly side yard area, SUBJECT TOTHE FOLLOWING CONDITIONS: 1. That the accessory building not exceed the height restrictions permitted by code; ~ 2. That the subject accessory building not be converted or increased in size and not be used for habitable, Sleeping or business purposes (to be used incidentially to the principal resideRce only); 3. That there be no plumbing facilities placed, within the building(s); 4. That it is suggested that the main garagedoors not face the south or west (may face the east or north). 5. That the upper area be used only for "dead storage." 6. Existing driveway be used as the entrance to the building. 7. That the guard rail not be removed or altered. 8. That the screening (tall cedar trees) along the sout~er~y property line be maintained in good condition and remain in perpetuity; and if their removal is ever required in the future, tha~ thsy be replaced in same kind and place. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio, consisting of the entire board. This resolution was duly adopted . Southold Town Board. of Appeal.s December 13, 19.90 Special Meeting ACTION OF THE BOARD OF APPEALS Upon Application of JD~ETMALONEY for a Variance to the Zoning Ordinance, Ar~icIe XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-98-1-25. WHEREAS, a public hearing was held on November 29, 1998, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the Surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. T~is is an application for a Variance under Article ~I~I, ~ec~ion 100~239.4B forlapproVal of a 31'6" by 14'8', wide aec~ adaition, with 4' by 5' stairway~ extending along the southerly side of the existing dwelling as shown on the Sketch survey submitted under this application. 2. The premises in q~estion is iedon the S~ffol~ County Tax,Maps as District 1000, Block i, Lot25 and contains a total lot areaof approximately 1~,8~.8 sq. ft. 3. Thedeck addition will not protrude fo-rward of the dwelling at either the front yard or rear yard, and is proposed bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings and structures located on lots Southotd Town Board of Appeals -16- December 13, 1990 Special Meeting (Appl. No. 3983 - MALQNEY decision, continued:) upon which a bulkhead, concrete wall, rip-rap or s~mitar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be se% back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; lb) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d~ the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the abo~e, the interests of 3ustice will be served by granting the relief requested, as conditionally noted below. Accordingly~ on motion by Mr. Doyen, seconded Mr. Grigonis, it was RESOLVED, to GRANT the relief requested ~nderAppeat No. 3983 in the Matter of JANET ~ALONEY of a ~4'8" by 31'6" deck~dditien along the southerly existing dwelling, as applied, and SUBJECT TO TR~ FOLLOWINO CONDITIONS: t. That there be no lighting, which would be adverse to neighboring areas (lighting must be shielded to the property}; 2. That the deck remain open (not to be enclosed) and not be roOfed. Vote of the Board: Ayes: Messrs. 8oehringer, Grigonis, Doyen and Dinizio, consisting of the entire four-member board at this time. This resolution was d~ly adopted. Southold Town Board of Appeals -17- December 13, 1990 Special Meeting CHAIR~2~NSHIP FOR 1991. Motion was made by Member Grigonis, seconded by Member Doyen, and duly carried, to recommend the reappointment of Gerard P. Goehringer as Chairman for 1991. (Mr. Goehringer ~bstained from discussions and vote.) APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr..Grigonis, and unanimously carried, to approve the Board of Appeals~inutes for the following Meetings: November 15, i990 Pp. 1-34 Special Meeting November 29, I990 Regular Meeting. CONCLUSION OF FINAL (WRITTEN) PORTION OFRECORD: Appl. No. 3973 - JOHN AND ROSE MILAZZO. The Board Members acknowledged receipt and reviewed the documentatiOn s~bmitted recently by Salvatore .Caradonna's Office and the Soil & Water Conservation District of Suffolk County. Motion was then made by Member Goehringer, seconded by Member Dinizio, and unanimously carried, to conclude 'the written (finall portion of the record pertaining to this hearing, and to commence deliberations. Board Members indicated that another on-site inspection is scheduled for Saturday, December I5, 1990. The Chairman also indicated that he would like to discuss the plan with the Trustees President in the near future. FUEL ( The board fuel ' Board's concerning!Goldsmith and Tuthill's site ~ and. Bergen Oil Company (i~00-122'6-I2). It was agreed that the Z.B.~A. will not requirevarianees or special ~exceptions '~to contain these tanks," provided: 1. The containments not exceed three feet around the existing tanks or'the concrete base, whichever is larger, and 2. The landowner obtain a building permit, after filing an application and'sufficient plans to show the existing tanks and the new containments, and Southold Town Board of Appeals -18- December 13, 1990 Special Meeting 3. The containments shall not protrude over property lines. All board members were in agreement, and the Chairman was authorized to send a letter to the Building Department and the Planning Board confirming the above, ENVIRONMENTAL DECLARATIONS: The Board declared the following Environmental Declarations pursuant to Part617 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 844-4 of the Town of Southold: Type II - Area or Setback Variances: 1. Appl. No. 3995 - GREGORY FE~OS 2. Appl. No. 3989 - ROBERT & NORMA SIEBER 3. Appl. No. 3993 - KENNET~EDWARDS 4. Appl. No. 3997 - MITCRELLMARKS 5. AppI. NO. 3991 - GRACE & JOHN FIORE 6. Appl. No. 3992 - PAMELA ANN CONLON 7. Appl. No. 3996 - STANLEY WERNICK Unlisted Actions 8. Appl. No. 3999 - FRANK SAWICKI 9. Appl. No, 3990 - MICHAEL CMOLOWSK¥ (Continued on the next nine pages) -19- APPEALS BOARD MEMBERS Gerard P. Goehtinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOI]' L. HARRIS ~Supervisor Town I-Ial~l~ :53095 Main Road P.O. Box, 1179 -~ Southold. blew York 11971 BOARD OF APPEALS . Fax <516) 765-1823 TOWN OF SOUTHOLD ' Telephone (516) 765-1800 Dec. 13, 1990 S.E.Q.R.A. Special Meeting TYPE II ACTION DECLARATION Appeal No. 3995 Project/Applicants: Greg0ry Feg0s County Tax Map No. 1000- 99-5-]7 Location of Project: S/s Naugles Drive, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for new deck addition with an insufficient setback rear property line This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the 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 submitt~ 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 shallnot, however, affect any other agency's interest as an involved agency under BEQRA 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Dec. 13, 1990 Special Meeting 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 Appeal No. 3989 Project/Applicants: County Tax Map No. Location of Project: Robert,and Norma Sieber 1000- 76-2w20 4945 Main Bayview & Smith Dr. N, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for raised pat~9/open deck addition with an insufficient ~6~back from the 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 Southotd. An Environmental Assessment (~hort) Form has been ~ubmitted 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 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 Dec. -]3, ]990 Special Meeting S.E..O..R.A. TYPE II ACTION DECLARATION SCOri' k HARRIS Supervisor Town I-tail. 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 3993 Project/Applicants: County Tax Map No. Location of Project: Kenneth Edwards 1000- 10-9-2 The Gloaming, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance to locate~accessory garage in area othe~'thah'~6~e- ~u~.red rear yard 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 Southoldo 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 O~fice of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc -22- 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 Dec. 13, 1990 Special Meeting 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 Appeal No. 3997 Project/Applicants: Mitchell Marks County Tax Map No. 1000- ]4-2-].6 Location of Project: 29829 Main Rd., 0rient, NY Relief Requested/Jurisdiction Before This Board in this Project: Variance for approval of swimming pool, decks and fence construc- tio~ with a setback at less than the required 100' from bluff along L.I. Sound 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. _ ~n Environmental Assessment,[Short) Form has been submitted with the s~bject application ~ndxcatinq 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. ~l'~le~h0ne (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 OFSOUTHOLD De~c. ~] 3, ] 990 Telephone(516) 765-1800 Special Meeting S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 399l Project/Applicants: Grace and'John Fi0re County Tax Map No. 1000-9]-]-5 Location of Project: ]50 Sunset Way, S0uth0]d, .NY Relief Requested/Jurisdiction Before This Board in this Project: Deck and patio enclosure with-reduced.setbacks from bulkhead and southerly (side) property line This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ofthe N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southoid. 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 imulemented 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 6t712jj, 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 -24- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-t809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. Dec. 13, 1990 Special Meeting 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 Appeal No. 3992 Project/Applicants: County Tax Map No. Location of Project: Pamela Conlon 1000-127-8-9 1765 Peconic Bay Blvd, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate proposed new dwelling with insufficient:setbacks from rear, front and side property lines 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 (~hort) Form has been submitted with the subject application indicating that no siqnificant adverse environmental effects are likely to occur ~hould be project be implemented as planned. It is determined that this Board's area of jurisdiction ..concerning setback, area or lot-line variances detexmines 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 Appeal No. 3996 Project/Applicants: County Tax Map No. Location of Project: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197t BOARD OF APPEALS Fax (516) 765-1823 ~'~OWN OF SOUTHOLD Dec. 13, ]990 Telephone {516) 765-1800 Special Meeting $.E.Q.R.A. ~PE II ACTION DECL~LRATION Stanley ~Wernick 1000- 72-1-1.6 ROW off Oregon Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition to existing dwelling within ]00' of bluff a]0ng L.I._ Sound ' ~'- ..... ~nis 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 ofSouthold. An Environmental Assessment (Short) Foxm has been ~ubmitted with the subject application indicating that no significant adverse envir0rnuental 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 ~3Pe II ~ctions. Pursuant to Section 617.2jj, this Department is ~e~xcluded as san 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN JR. JAMES DINIZI0. JR. -26- MAIN RI'lAD- STATE REiAD 25 Date: Dec. 13, 1990 Speci aj Me.eti ng $.E.Q.R.A. UNLISTED ACTION Notice of Determination of Non-Significanc~ SOUTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Appeal No~3990 Project/Applicants: Ch010wsky/Cas0la County Tax Map No. 1000-55-]-9 Location of Project: 3340 H0rton's Lane, S0uth0]d, NY Relief Requested/Jurisdiction before this Board in this Project: Establishment of a golf course facility This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. Environmental Quality Review Act of the Environmental Conservation Law and ~ocal Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been s~hmitted 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; {~L} the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to 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 n Board o£ Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHE3LD, L.I., N.Y. 3]=J7] TELEPHONE (516) 765-1809 APPEALS BOARD " Date: MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JAMES DINIZIO, JR. December 19, 1~990 $.E.Q.R.A. UNLISTED ACTION Notice of Determination of Non-Siqnificanc~ Appeal No. 3999 Project/Applicants: County Tax Map No. ~%%~ SAWICKI 51-3-5 Location of Project: N/S C.R. 48, Southold Relief Requested/Jurisdiction before this Board in this Project: Use barns for nonagricultural storage. 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 Southotd. 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 detezmines this.project to be an Unlisted Action (uncoordinated) ~oting- -'these findings: { X } the project is proposed in an area with land contours 10 or more f~et above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { x } the project is proposed landward of existing structures;(X) there will be no substantial change to the land or use. { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by. your agency to 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. i Southotd Town Board of Appeals -28 December 13, 1990 Special Meeting (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Appl. No. 3542 - CLIFFSIDE/TIDEMARK. 100D-4521-t. N/s North Road (C.R. 48), Southold, NY. The Board discussed the recent letter of the Building Inspector eoncerning a proposal of the owner to install kitchenettes in each of the un, ts. The Board concurred with the position of the Building Inspector in that kitchenettes were not approved under the Special Exception for 76 motel units with one manager's unit rendered November 2, 1989 and the plans showing kitchenettes must be denied by the building inspector under the present circumstances of this project. INSPECTIONS AND HEARINGS FOR NEXT REGULAR MEETING ~DAR: On motion by Chairman Goehringer, seCOnded by Member Dinizio, it was RESOLVED, that the following matters hereby are scheduled for public hearings to be held On FRIDAY, JANUARY 11, 1991 at the SOUTHOLD TOWN HALL, 530195 Main Road~ Southold,~New York, commencing at 7:00 o'clock p.m., and be it further RESOLVED, that Linda Kowatski, Board Secretary, is hereby authorized and directed to adVertise notice of the following hearings in the'Suffolk Times and Long Isl~nd'Traveler-Watchman, Inc. on or before January 3; 1991: 2. 3. 4. Appl. No. 3995 - APpI.~N0. 3~9'89 - RObez. t j. No. 3199I - Norma E. Sieber (await confiz~uation from .5. AppI. NO. L. Edwards 6. Ap~l. No. 3984 - PUdge Corp. 7. Appl. No. 3997 - Mitchell'Marks 8. Appt. NO. 3990 - Cholowsky/casola 9. Appl. NO..3981 Phyllis ~ayne~Byer (await confirmation from. applicant/attorney before advertising) 10. Appl. ~o. 3975 -~Arthur G. Carls°n (await confirmation from applicant/attorney before advertising) (continued on next page) Southold Town Board of Appeals -29- December 13, 1990 Special Meeting (HEARINGS for next meeting, continued:) 1i. Appl. No. 3992 - Pamela Ann Conlon 12. APpl. No. 3996 - Stanley Wernick 13. AppI. No. 3998 - Henry and Mary Raynor 14. Appi. No. 3999 - Frank Sawicki Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. 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, ~ Southotd Town Board of Appeals ./'App '.- ~ r.~' ,/r~ . ND FII.C.D BY THE SOUTHOLD TOWN CT.RRK DATE Town Cle~rk, Town of Souf'~old