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HomeMy WebLinkAboutZBA-02/01/1991 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 FRIDAY, FEBRUARY 1, 1991 A Special Meeting was held by the Southold Tow~n Board of Appeals on Friday, February 1, 1991, commencing at 6:45 o'clock p.m. at the $outhold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman, Charles Grigonis and James Dinizio, consisting of a quorum of the entire board (four members) at this time. Also present was Board Secretary Linda Kowalski. It is noted for the record that although Member Grigonis was absent during the hearings on the following decisions due to illness, Mr. Grigonis has assured the Board that he has read and become familiar with all the subject files, including the reading of all hearing transcripts, is familiar with the subject parcels and buildings. DELIBERATIONS/DECISIONS: Appl. No. 3995. Application of GREGORY FEGOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of open deck addition with a reduced setback from the southerly side property line. (The lot area and depth of this parcel are nonconforming in this R-40 Zone District.) Location of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-099-5-17. WHEREAS, a public hearing was held on January 11, 1991; and Southold Town Board of Appeals -2- February 1, 1991 Special Meeting W/~EREAS, 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. By this application, appellant seeks a Variance for approval of a five ft. by 27'8" open, unroofed deck along the easterly section of the dwelling, which reduces the rear yard from 27.2 feet to 22.2 feet. 2. The subject parcel is a described tract of land containing 20,000+- sq. ft. in area with 195.80 ft. frontage along the southerly side of Naugles Drive, Mattituck. 3. The set back for the dwelling as exists is shown to be nonconforming from the normal requirements under Article XXIV, Section 100-244B for lots containing 20,000 sq. ft. at 50 feet and for lots containing 19,999 sq. ft. or less at 35 feet from the rear property line. 4. It is noted for the record that any future expansion of the dwelling which will extend or increase the nonconforming rear yard setback will require variance consideration by this board (Section 100-232A). 5. It is the position of this board that in considering this application: (a) the set back reduction to 27.2 feet is substantial in relation to the requirements; however, the reduction by five feet in relation to the existing nonconformity (from 27.2 to 22.2 feet) is not substantial; (b) the relief requested is minimal under the circumstances; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not adversely effect the essential character of the neighborhood; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the limited relief, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -3- February 1, 1991 Special Meeting RESOLVED, to GRANT relief for an open deck addition extending 12 feet from the side of the dwelling and five feet from the rear of the dwelling, with a set back at not less than 22.2 feet from the rear (southerly) property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unenclosed; 2. That the deck not be closer than 22.2 feet to the rear (southerly) property line, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis DiniziOo (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. and DELIBERATIONS/DECISION: Appl. No. 3991. Application of JOHN AND GRACE FIORE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct extension to screen enclosure for patio and existing wooden deck with insufficient setbacks from the bulkhead and side (or rear) property line on this corner lot fronting along Cedar Beach Road and the west side of Sunset Way, $outhold, NY; County Tax Map Parcel ID No. 1000-91-1-5; also referred to as Lots 158 and 159 on the "Map of Cedar Beach Park subdivision." (The dwelling as exists is nonconforming as to the rear yard and side yard setbacks, and the lot area and depth are also nonconforming in this R-40 Zone District.) WHEREAS, a public hearing was held on January 11, 1991; 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 docur~entation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a Variance for permission to extend and enclose the existing patio with a screened-in enclosure to a size 18' by 17', leaving a set back from the southerly side property line at 29 feet. 2. The premises in question is referred to as Lot Nos. 158 and 159 on the "Map of Cedar Beach Park" and is identified on the Suffolk County Tax Maps as District 1000, Section 91, Block 01, Lot 005, containing approximately 35,000 sq. ft. in area. Southold Town Board of Appeals -4- February 1, 1991 Special Meeting 3. The subject parcel is improved with a single-family dwelling, which is nonconforming as to the rearyard setback and setback to the bulkhead, which bulkhead setback varies between 16 feet to zero feet. Also existing is an accessory garage structure located in the front yard area. 4. It is the position of this board that in considering this application: (a) the setback reduction to 29 feet from the southerly property line is not substantial in relation to the existing nonconformity, and maintains the existing insufficient setback at 16+- feet from the bulkhead to the rear of the house; (b) the relief requested is minimal under the circumstances; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not adversely effect the essential character of the neighborhood; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (f) in view of all the above, the interests of justice will be served by granting conditional relief, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief under Appl. No. 3991 as requested in the Matter of the Application of JOHN AND GRACE FIORE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the remaining decks in the rear shall remain open and unenclosed (as is in its present state); 2. That setback of the subject porch not be reduced to less than the requested 29 feet from the southerly property line and not closer to the bulkhead than the existing patio (where the porch will be constructed over). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -5- February 1, 1991 Special Meeting DELIBERATIONS/DECISION: Appl. No. 3992. Application of PAMELA ANN CONLON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct new dwelling with insufficient front and side yard setbacks. (The lot is nonconforming as to area and depth in this Agricultural-Conservation Zone District.) Location of Property:1765 Peconic Bay Boulevard (a/k/a 100 North Oakwood Drive), Laurel, NY; Parcel ID ~1000-127-08-009. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a Variance for permission to locate a new dwelling structure on this vacant parcel with an insufficient front yard setback at 24 feet and side yard setback at five feet on this corner parcel. 2. The premises in question is referred to as Lot No. 22 on the Map of Laurel Park at Laurel and contains a lot area of 12,000 sq. ft., with 60.0 ft. frontage along the north side of Peconic Bay Boulevard and 200.0 feet along the east side of North Oakwood Road. 3. The subject parcel is very narrow, which lends to the practical difficulties in sufficiently meeting all principal setbacks of the code. 4. Article XXIV, Section 100-244B of the Zoning Code permits relief to lots containing less than 20,000 sq. ft. in the front Southold Town Board of Appeals -6- February 1, 1991 Special Meeting yard to not less than 35 feet and in the side yards to not less than 10 feet. The minimum rearyard setback is permitted to be reduced under this provision to 35 feet. 5. It is the position of this board that in considering this application: (a) the setback reduction to 24 feet from the westerly {front} property line is substantial in relation to the requirements, however, there is no alternative available for appellants to pursue except by variance; (b) the relief requested is minimal under the circumstances and the difficulties are uniquely related to the property and are not personal in nature; (c) the variance will not adversely effect the essential character of the neighborhood; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting conditional alternative relief, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of the Application of PAMELA ANN CONLON under Appl. No. 3992 for the location of a new dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the principal dwelling setback from the westerly front property line not be closer than 24 feet (as requested); 2. That the principal dwelling setback from the easterly (side) property line be not closer than eight feet (instead of five feet). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -7- February 1, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Upon Application of STANLEY WERNICK. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition with a set back at less than the required 100 feet from the top of the bluf~ on along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchogue; County Tax Map Parcel No. 1000-72-01-001.006. WHEREAS, a public hearing was held on February 1, 1991; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for permission to place a new dwelling addition with attached deck along the easterly side of the existing dwelling as shown on the survey amended December 11, 1990, prepared by Roderick VanTuyl, P.Co and on plan dated December 12, 1990, prepared by Ward Associates. The setback at the closest point to the top of the sound bluff is 70+- feet from the proposed new deck and 80+- feet from the proposed addition at the northeast corner to the sound bluff. The pool is situated 85.0 feet from the sound bluff which was constructed under a valid Building Permit No. 017816 dated February 9, 1989. 2. The premises in question has an average width 229.50 ft. and contains a total lot area of 1.912 acres. 3. For the record it is noted that the property slopes considerably downward from the top of the bluff to the Long Southold Town Board of Appeals (WERNICK, continued:) -8- February 1, 1991 Special Meeting Island Sound with variations in the contours from 85 ~eet to the shoreline. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. The dwelling i~ediately situated to the east on the adjoining parcel is shown to be set back approximately 35 feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is shown to be set back approximately 70 feet to the "top" of the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a) the relief, as noted below, is not substantial and is the minimum necessary; (b) the grant of the requested relief 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 above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as applied and more particularly shown on plan prepared by Ward Associates dated December 12, 1990 (Ref. No. 9022.00, Drawing S-1 of 1) under Appeal No. 3996 in the Matter of the Application of STANLEY WERNICK, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the storm gutters and leaders be deflected into storm basins or leeching pools (from roof overhang); Southold Town Board of Appeals -9 February 1, 1991 Special Meeting (WERNICK decision, continued:) 2. That there be no land disturbance between the house and the bluff area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. 280-A UPDATE: 1000-75-2-8 & 9. Prior Appl. ~2719 in the Matter of JOSEPH GAJESKI. The Board Members considered Henry Raynor's recent letter indicating that Cichanowicz, owner of the subject lands, is proposing a major subdivision and will be willing to reconstruct Maple Avenue to conform with the Planning Board requirements and specifications for a standard 50-foot wide roadway. On motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, that the property owner of 1000-75-2-8 & 9 (presently Cichanowicz) be and hereby is authorized a conditional waiver from the filing of a further variance to update "Maple Avenue," Peconic, PROVIDED that the roadway is constructed in accordance with the specifications for a major subdivision roadway as accepted and adopted by the Planning Board in its review and processing of the subject major subdivision application. This waiver is granted only because of the previous history of "Maple Avenue" before the Board of Appeals in the 1980 application and decision for access approval for a prior (Gajeski) minor subdivision. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Southold Town Board of Appeals -10- February 1, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3984. Application of PUDGE CORP. Variances to the Zoning Ordinance, Article XIV, Section 100-14lB(I) and C(1): (1) for permission to establish truck rental business as an accessory use, in addition to the Special Exception use condi- tionally approved 9/10/87 under Appl. No. 3660, and as limited by Condition No. 10; and (2) for approval of extended (modified) height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; County Tax Map Parcel No. 1000-063-01-010. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks Variances for: (a) approval of a 35' by 90' maximum area between Buildings "E" and "D" for parking of hauling trucks (Ryder Rental or the like) for use by those privately renting the mini-storage units at the subject parcel, and not for rental to the public; (b) approval of the increased roof height of building "D" from the restricted 15 feet to 18+- feet. 2. The subject parcel is a described tract of land containing 6.89 acres with five one-story buildings and the subject building, use for "mini-storage" and office use. Southold Town Board of Appeals -11- February 1, 1991 Special Meeting (PUDGE CORP., decision continued:) 3. The subject parcel is located in the LI (Light Industrial) Zone District having a frontage of 351.93 feet along the east side of Horton Lane, Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 63, Block 1, Lot 10. 4. For the record, it is noted that this property has been the subject of the following applications before the Board of Appeals: (a) Appl. No. 3660-SE to vary the height of the mini-storage buildings to a maximum of 15 feet and with minimum setbacks as corrected by John A. Grammas and Associates dated August 5, 1987 {see ZBA findings for measurements}; (b) Appl. No. 3625 rendered June 30, 1987 for six one-story mini-storage buildings {at 12 ft. height}. 5. In making this determination, it is noted that all conditions (including Condition No. 8) as rendered by this Board under the above-noted determinations remain in full force and effect. 6. It is the position of this board that in considering this application: (a) the variance is not substantial in relation to the code requirements; (b) the relief requested is minimal under the circumstances and within the intent of the zoning code; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not adversely effect the essential character of the neighborhood; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; Southold Town Board of Appeals -12- February 1, 1991 Special Meeting (PUDGE CORP., decision continued:) (f) in view of all the above, the interests of justice will be served by granting the limited relief, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT approval for: (1) permission to establish private truck rental business, accessory and incidental to the mini-storage operations at the subject site; and (2) increased height of Building "D" not to exceed 18+- feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The height increase to 18+- (+- meaning an additional 11.9 inches maximum) shall apply only to Building "D." 2. Rental-truck parking area shall be screened from the property lines with 6' to 8' live screening or plastic-slatted chainlink fence so as not to be seen from Horton's Lane. 3. Ail conditions of the prior ZBA determinations shall remain in full force and effect; 4. Sign for accessory "truck rental" use will require separate approval by the Board of Appeals by formal application. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -13- February 1, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Upon application of FRANK SAWICKI. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage), subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road, Southold, identified on the Suffolk County Tax Maps as District 1000-51-03-005. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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 area under consideration for this variance is approximately one-acre of land which is improved with agricultural storage barns abutting the subject 44+- acre farm and are shown on the Suffolk County Tax Maps as 1000-51-03-005 and 4.3. 2. The subject premises is located in the Agricultural- Conservation (AC) Zone District and is improved with four storage buildings with sizes and setbacks as shown on the March 11, 1987 Survey Map prepared for the applicants by Young & Young Surveyors. 3. By this application, the appellants requests a Variancefor permission to utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses. Page - Appl. No. 3999 -14- Matter of FRANK SAWICKI Decision Rendered February 1, 1991 February 1, 1991 Special Meeting 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3754, Matter of Andre and Thomas Cybulski, similar relief, with conditions and restrictions, was rendered on September 16, 1988. 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc. on a seasonal basis, and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased for more than two years, and the taxes for the land and buildings has increased substantially (particularly due to the removal of the agricultural tax exemptions); (c) there are no other uses permitted under the zoning code for these principal barn storage buildings as exist which would yield a reasonable return; (d) the previous farm use activities of commercial agricultural storage, and related activities, is not dissimilar to the storage use and related activities requested by this application. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property {Gordon v. Town of Huntington, 1962, 230 N.Y.S.2d 619}; (b) the subject property and buildings cannot be economically used for one-family residence or other use established in this Residential and Agricultural Zone District as exists; (c) the test for "significant economic injury" has been met to warrant a grant of this variance; Page - Appl. No. 3999 -15- Matter of FRANK SAWICKI Decision Rendered February 1, 1991 February 1, 1991 Special Meeting (d) the variance, as conditionally noted below, is the minimum necessary to afford relief; (e) the storage uses as authorized will not alter the essential character of the neighborhood; (f) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; (g) there is no other feasible method for appellants to pursue; (h) in light of all of the above, the justice will be served by granting the variances as conditionally noted below. interests of requested and Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage as applied under Appeal No. 3999 in the Matter of FRANK SAWICKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage shall be only "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials, and there be no vehicle or boat storage with fuel other flammable liquids; 3. There shall not be any outside storage (tractor trailers included); 4. Hours of operation not to be before 8:00 a.m. or after 7:30 p.m. 5. Any change in the future for property lines will require formal application to renew this variance. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Southold Town Board of Appeals -16- February 1, 1991 Special Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3993: Matter of KENNETH L. EDWARDS. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory building in an area other than the required rear yard. Location of Property: The Gloaming, Fishers Island,NY; County Tax Map District 1000, Section 010, Block 9, Lot 002. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located approximately 50 feet north from the property line along "The Gloaming" and approximately 60 feet from the westerly property line, in the front yard area as shown on the sketch and survey submitted by the applicants. 2. The subject premises consists of an area of approxi- mately 44,400 sq. ft., is located in the R-40 Low Residential Zone District, and is improved with a two-story, single-family dwelling constructed in 1965. The existing dwelling structure is shown on the sketched survey dated June 26, 1975 to be set back 52+- feet from the easterly property line along Sterling Street, 82+- feet from the southerly property line along The Gloaming, and 44+- feet from the northerly property line. Page - Appl. No. 3993 -17- Matter of KENNETH EDWARDS Decision Rendered February 1, 1991 February 1, 1991 Special Meeting 3. Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard. The subject parcel is a corner lot, having three front yards, and the area chosen is the same setback normally required as a minimum for a principal structure. 4. The accessory garage structure for which relief is being requested in this application is of a size not to exceed 24 ft. by 24 ft. and will be set back at least 50 feet from the front property line (along The Gloaming), not less than 150 feet from easterly front property line (along Sterling Street), and approximately 60 feet from the westerly front property line (along Montauk Avenue). 5. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) the relief requested in not unreasonable; (e) 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. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of the Application of KENNETH EDWARDS under Appeal No. 3993 for the placement of an accessory garage structure in the front yard area as noted in paragraph 4, supra, as applied and subject to the following restrictions: 1. That the accessory building not exceed one-story (15 feet in height), as applied; 2. That there be no utilities other than electric, as applied. 3. That the subject building be used for garage and Southold Town Board of Appeals -18- February 1, 1991 Special Meeting (EDWARDS decision, continued:) storage purposes only, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. COMMUNICATIONS: Appl. No. 3944 - ANTHONY MERCORELLA County Tax Map Parcel No. 1000-145-04-004 at Laurel. The Board Members reviewed Mr. Brudi's correspondence with accompanying new construction plan of the proposed accessory building. The Board determined that a new formal application is required for consideration of these modifications which are different from the previous plan filed with the Board. The areas requiring a further variance is under Condition No. 2. Southold Town Board of Appeals -19- February 1, 1991 Special Meeting ENVIRONMENTAL DECLARATIONS: The Board declared the following Environmental Declarations 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: Type II Area or Setback Variances: 2. 3 4 5 6 7 8 Appl. No. 3995 Appl. No. 3989 Appl. No. 3993 Appl. No. 3997 Appl. No. 3991 Appl. No. 3992 Appl. No. 3996 Appl. No. 4006 - GREGORY FEGOS - ROBERT & NORMA SIEBER - KENNETH EDWARDS - MITCHELL MARKS GRACE & JOHI~ FIORE PAMELA ANN CONLON STANLEY WERNICK ERIC AND MARY ANN ALEXANDER Unlisted Actions 9. Appl. No. 3999 - FRANK SAWICKI 10. Appl. No. 3990 - MICHAEL CHOLOWSKY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. INSPECTIONS AMD HEARINGS FOR NEXT REGULAR MEETING CALENDAR: 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, FEBRUARY 22, 1991 at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York, commencing at 7:30 o'clock p.m., and be it further RESOLVED, that Linda Kowalski, Board Secretary, is hereby authorized and directed to advertise notice of the following hearings in the Suffolk Times and Long Island-Traveler-Watchman, Inc. on or before February 14, 1991: 1. Appl. No. 3995 2. Appl. No. 4001 3. Appl. No. 4000 4. Appl. No. 4002 5. Appl. No. 4006 6. Appl. No. 3977 7. Appl. No. 4004 8. Appl. No. 4005 9. Appl. No. 3990 - DAVID J. STRUPP - PAUL AND KATHLEEN FORESTIERI - SALVATORE AND JEANNE CATAPANO; - FRANK C. GILBERT, JR. - ERIC AND MARY ANN ALEXANDER - MITCHELL MARKS - DAVID J. VERITY - KENNY & IANNICELLI - MICHAEL CHOLOWSKY (LORINDA CASOLA). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Southold Town Board of Appeals -20- February 1, 1991 Special Meeting APPROVAL OF MINUTES: On motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the December 13, 1990 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent.) This resolution was duly 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 8:30 p.m. Respectfully submitted, Linda F. Kowalski ~/Approved - ~Mrc~ ~:u, 1~ ' RECEIVED AND FILED BY THE e DATE '~-~gL HOUR Town Clerk, Town of.>curho.d" ' '