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HomeMy WebLinkAboutZBA-06/22/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAIID OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 22, 1993 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 7:15 p.m. Work Session - Reviews of pending applications. (No action was taken.) 7:30 p.m. Regular Meeting - Call to Order. A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, JUNE 22, 1993 commencing at 7:30 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Linda Kowalski, Board Clerk Absent was: Serge Doyen (Fishers Island). I. PUBLIC HEARINGS: Public hearings were held on each of the following matters: 7:30 p.m. Appl. No. 4172 - JANET A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. The Chairman recessed the hearing pending an inspection/report since Member Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of June 22, 1993 Doyen was absent at this time--~/%d requested a draft set of covenants and restrictions from Mr. Ham pertaining to his proposal and understanding of the applicant and the board members, for consideration. (See verbatim transcript prepared under separate cover.) 7:45 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to pe£mit addition to dwelling with an insufficient setback from freshwater wetlands (see determination rendering this variance application moot due to adoption of new Local Law by the Town Board on 6/15/93); (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. Following the hearing, action was taken by the Board. (See following pages for specifics.) 7:57 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMRLR. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. (See verbatim transcript for statements.) 8:03 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. (Please see verbatim transcript for statements.) 8:08 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; Page 3 - Minutes Southold Town Board of Appeals Regular Meeting of June 22, 1993 County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. (Please see verbatim transcript for statements.) Following the hearing, action was taken. (Action and specifics of findings continued, supra.) 8:16 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road 96, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. (Please see verbatim transcript for statements.) Following testimony, action was taken by the Board Members. Action and Findings follow (herein). 8:22 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 8:27 p.m. VARUJAN ARSLANYANo Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Map Parcel No. 1000-52-1-8; also referred to as Combined Lot ~1 & 2 on the Land Map of Young & Goodale. 8:40 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. *** End of hearings *** Page 4 - Minutes Southold Town Board of Appeals Regular Meeting of June 22, 1993 9:20 p.m. Postponement requested by the applicant, GORDON PRICEr was granted without a new date pending further notice from applicant on status or possible withdrawal. This matter will be required to be readvertised if the applicant chooses to proceed. Appl. No. 4169 - Application seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April 29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that tha proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District. SEQRA Coordination from Town Trustees. Re: GUS WADE. Copies of the DEIS accepted by the Town Trustees was distributed to Board Members. The Chairman asked Board Members to submit their comments, after reviewing the DEIS, not later than July 15th since the co~,u,,ence period ends 7/19. The Town Trustees is lead agency concerning the wetlands applications. DELIBERATIONS/DECISIONS: (continued on next page). Page 5 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4072 as Amended 5/20/93. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Map Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 & #2 on the Map of Young & Goodale. WHEREAS, a public hearing was held on June 22, 1993, 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; 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. AREA VARIANCE. This is an application, amended on May 20, 1993 requesting permission to locate an 18 ft. by 64 ft. wide open deck at the north side of the existing dwelling structure (under construction pursuant to Building Pe£mit No. 21153 issued December 17, 1992. The Building Inspector's Notice of Disapproval upon which this appeal is based is dated May 20, 1993. 2. CODE REQUIREMENT. 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. Page 6 - Appl. No. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 3. PROPERTY DATA. The premises in question is situated north along County Road 48 in Greenport and is a described parcel of land also shown as Lot #142 on the Map of Young & Goodale (per Assessor's property records). This parcel contains a total lot area of 29,142+- sq. ft.' Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application is a request to locate an open deck extending 18 feet from the north wall of the existing dwelling to a new bulkhead (proposed) location, at a width of 64 feet (full width of the house). The setback between the outer edge of the edge and the newly proposed bulkhead is 32 feet (confirmed at hearing). Also proposed is a four-foot wide walkway along the easterly side of the dwelling leaving an open, unobstructed setback at 15 feet. 5. SITE INSPECTION(S). (a) An inspection of the site reveals that most of the face is bank area (rather than a high bluff) at a 14-16 ft. elevation above mean sea level {ref. survey dated December 21, 1992 and photographs submitted in the record}. At the present time, the bank area is not well stabilized, and an application is pending at this time before the N.Y.S. Department of Environmental Conservation for placement of the bulkhead structure between the beach and bank area. Also, measures will be required to be taken by the property owner to properly install drywell drains and other landscaping-planting measures to prevent rain-water runoff into the Long Island Sound areas from this property. (b) Research of town records shows that there are other lots east of this parcel with similar nonconforming setbacks. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the deck addition, walkway, and bulkhead structure as proposed herein has been issued a variance and permit under the Coastal Erosion Management Law (Ch. 37) and Wetlands Ordinance (Ch. 97) of the Town of Southold. 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief, as amended and more particularly shown on the May 4, 1993 site plan, that: (a) the setback at 32 feet from the proposed bulkhead along the L.I. Sound bank is substantial in relation to the Page 7 - App1. No. 4072 (Amended) Matter of VARUJA/~ ARSLANYAN Decision Rendered June 22, 1993 requirements, that is, meeting 32 percent of the 100 ft. setback requirement; (b) the grant of this request will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the character and shape of the property as well as its topography, and the difficulties claimed are not personal to the landowner; (d) the relief as granted would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) there is no feasible alternative for appellant to pursue, as noted below; (f) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. 8. NO ADVERSE EFFECTS. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use in this rear yard area; b) the benefit sought by the applicants cannot be achieved by a method, feasible for them to pursue, other than an area variance; c) the relief for an open deck, in lieu of an inground swimmingpool as originally sought, is not unreasonable; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was Page 8 - Appl. No. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief, as amended for a setback at 32 feet to the new bulkhead as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc., and walkway at the easterly side of the dwelling leaving an open, unobstructed access-setback at 15 feet, SUBJECT TO THE FOLLOWING CONDITIONS: 1o That the drywells be installed for proper discharge of spa water; no spa water or rain water runoff shall be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief granted herein is limited to this open, unroofed deck, with spa, as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc. 3. That there be no roofing or other enclosures; no screening (temporary or permanent); 4. That there be no placement of storage lockers or similar items in the restricted yard areas or on the open deck or walkway; 5. That lighting must be shielded to the ground and not be adverse to neighboring areas; 6. That the deck remain as a one-story deck (without expansion or an upper level added). Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Page 9 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4171: Matter of THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Request for a Variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. WHEREAS, after due notice, a public hearing was held on June 22, 1993, 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 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. TYPE OF APPEAL: This is an appeal for an area variance concerning the proposed side yard setback of the proposed westerly addition (one-story enclosure with attached deck) as disapproved and amended by the Building Inspector February 5, 1993. 2. PROPERTY IDENTIFICATION: The premises in question contains a total area (inclusive of unbuildable and upland areas) of 1.91+- acres and is located in the R-120 Zone District at the East End of Fishers Island, fronting along the north side of "Private Road" with frontage along West Harbor, and identified on the Suffolk County Tax Map as District 1000, Section 010, Block 05, Lot 002.002. 3. SITE DESCRIPTION: The subject premises is improved with a two-story dwelling with attached decks as certified by Certificate of Occupancy dated October 16, 1991, #Z-20275 issued to Suzanna Von Der Schulenburg. The 12 ft. by 12 ft. accessory (shed) building which also exists was not issued building Page 10 _ Appl. No. 4171 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER permits or other approvals; and assessment records for this property and minor subdivision map made for Walter Andrews signed by the Southold Town Planning Board Chairman on June 11, 1982 show that this parcel (Lot #1) was vacant land. 4. PROPOSED ADDITIONS: By this application, appellants have submitted a plan prepared by Chandler, Palmer and King (CPK) dated January 13, 1993 depicting the following proposals: a) addition with attached deck at the westerly corner of the existing dwelling with a proposed setback of 25 feet to the westerly side property line; this addition with deck is for one-story height as shown on the design plan prepared by Inter- design submitted under this application for consideration; b) one-story addition with attached deck at the easterly corner of the existing dwelling with a proposed setback of 27 feet to the flagged D.E.C. freshwater wetland edge (D.E.C. #5) and setback from the easterly side property line at approximately 57 feet, at its closest points (ref. January 13, 1993 plan of CPK). 5. WETLAND AREAS. The CPK plan confirms that a large portion of this property (to the north) is unbuildable due to tidal wetlands (from West Harbor), and a portion at the southeasterly corner of the property unbuildahle due to freshwater wetlands. Confirmation of intent to issue permit by Southold Town Trustees under the Wetlands Ordinance was received May 28, 1993. Also, there is an application pending under No. 1-4738-00785/00001-0 for permits under Article 24 (Freshwater Wetlands) and Article 25 (Tidal Wetlands) with the N.Y.S. Department of Environmental Conservation. This action is deemed as a Type I Action (Coastal Management Area), and a Negative Declaration has been recently issued by the D.E.C. 6. OTHER CONFORMANCE REQUIREMENT: It is noted that the shed which is shown as an accessory storage building near the freshwater wetlands must conform to the requirements of the zoning and wetland ordinances for its proper location. (See note in paragraph 3, supra.) 7. AREA VARIANCE STANDARDS: In considering this appeal, it has been found by this Board that: (a) the topography and restricted upland area lend to the uniqueness in this project -- the difficulties claimed are related to the land and are not personal in nature to the landowners; Page 11 - Appl. No. 4171 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER (b) the relief is the minimal necessary under the circumstances - the variance requested is for a five-foot reduced in the westerly sideyard setback which is 16% of the requirement; (c) the sideyard reduction will not alter the essential character of the neighborhood since there will be no substantial physical disturbance to land areas in the vicinity of this proposed addition; (d) the side yard reduction will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the nearest neighbor to this addition is to the west with a 4.4+- acre parcel; (e) the relief requested does not involve an increase of dwelling unit density and therefore will not cause an adverse effect on available governmental facilities; (f) the property is unique in that there is limited "rear" yard area as defined in our zoning code due to the character of this waterfront co~m~,unity and the layout of the land and principal building; (g) before any activities are commenced, all other agency approvals must be issued in writing and made a part of the town pe£mit records - including the Southold Town Trustees and N.Y.S. Department of Environmental Conservation, with which permits are being reviewed or finalized in the near future; (h) this project will not require a variance for the wetback to freshwater wetlands for the reason that the zoning ordinance was recently amended by Local Law No. 8-1993, dated June 15, 1993, concerning Section 100-239.4C(1) which was amended (added) to read as follows: ...100o239.4c. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply ... (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. Page 12 - Appl. No. 4171 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT a reduction in the westerly sideyard from 30 feet to 25 feet for the proposed one-story addition, as applied in the Matter of the Application of THOMAS W. BUCKNER under Appl. No. 4171. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. Page 13_ Appl. No. 4152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER ACTION OF THE BOARD OF APPEALS Appl. No. 4152: Matter of THOMAS W. BUCKNER. Property Location: Private Road off ~East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling, with an insufficient setback from freshwater wetlands. WHEREAS, after due notice, a public hearing was held on June 22, 1993, 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 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. TYPE OF APPEAL: This is an appeal for an area variance concerning the proposed setback for an addition with open deck at the easterly side of the existing dwelling structure as disapproved by the Building Inspector on February 5, 1993. 2. PROPERTY IDENTIFICATION: The premises in question contains a total area (inclusive of unbuildable and upland areas) of 1.91+- acres and is located in the R-120 Zone District at the East End of Fishers Island, fronting along the north side of "Private Road" with frontage along West Harbor, and identified .on the Suffolk County Tax Map as District 1000, Section 010, Block 05, Lot 002.002. 3. SITE DESCRIPTION: The subject premises is improved with a two-story dwelling with attached decks as certified by Certificate of Occupancy dated October 16, 1991, #Z-20275 'issued to Suzanna Von Der Schulenburg. ~ The 12 ft. by 12 ft. accessory (shed) building which also exists was not issued building permits or other approvals; and assessment records for this Page 14- Appl. No. 4152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER property and minor subdivision map made for Walter Andrews signed by the Southold Town Planning Board Chairman on June 11, 1982 show that this parcel (Lot #1) was vacant land. 4. PROPOSED ADDITIONS: By this application, appellants have submitted a plan prepared by Chandler, Palmer and King (CPK) dated January 13, 1993 depicting the following.proposals: a) addition with attached deck at the westerly corner of the existing dwelling with a proposed setback of 25 feet to the westerly side p~operty line; this addition with deck is for one-story height as shown on the design plan prepared by Inter- design submitted under this application for consideration; b) one-story addition with attached deck at the easterly corner of the existing dwelling with a proposed setback of 27 feet to the flagged D.E.C. freshwater wetland edge (D.E.C. #5) and setback from the easterly side property line at approximately 57 feet, at its closest points (ref. January 13, 1993 plan of CPK). 5. WETLAND AREAS. The CPK plan confirms that a large portion of this property (to the north) is unbuildable due to tidal wetlands (from West Harbor), and a portion at the southeasterly corner of the property unbuildable due to freshwater wetlands. Confirmation of intent to issue permit by Southold Town Trustees under the Wetlands Ordinance was received May 28, 1993. Also, there is an application pending under No. 1-4738-00785/00001-0 for permits under Article 24 (Freshwater Wetlands) and Article 25 (Tidal Wetlands) with the N.Y.S. Department of Environmental Conservation. This action is deemed as a Type I Action (Coastal Management Area), and a Negative Declaration has been recently issued by the D.E.C. 6. OTHER CONFoRMANcE REQUIREMENT: It is noted that the shed which is shown as an accessory storage-building near the freshwater wetlands must conform to the requirements of the zoning and wetland ordinances for its proper location. (See note in paragraph 3, supra.) 7. ZBA NON-JURISDICTION: On motion by Member Dinizio, seconded by Member Wilton, it Was RESOLVED, that it is hereby DETERMINED that this project will not require a variance for the setback to freshwater wetlands for the reason that the zoning ordinance was recently · amended by Local Law No. 8-1993, dated June 15, 1993, concerning Section 100-239.4C(1) which was amended (added) to read as follows: Page 15- Appl. No. 4152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER ...100.239.4c. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply ... Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. Page 16- Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4176. Upon application of JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. WHEREAS, a public hearing was held and concluded on June 22, 1993; 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. This application is an appeal of the May 6, 1993 Notice of Disapproval issued by the Building Inspector for an existing open, unroofed deck addition extending 16 feet off the rear wall and having a width of 22 feet, and an attached open walkway six feet off the southwesterly (side) wall of the dwelling, all as shown on the sketch submitted with the application. 2. The property in question is known as Lot No. 14 on the Map of Gardiners Bay Estates, Section Two, filed with the Suffolk County Clerk on September 23, 1927 (prior to the enactment of zoning). This lot is further identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 03, Lot 007, and consists of an area of 4,638 square feet and lot width of 40 feet along Old Orchard Road, East Marion. 3. The portion of the deck construction necessitating relief as to rear yard location is shown by applicant to be at a setback of 20 feet from the rear line (instead of the required 35 feet). Also, the open wooden walkway at the southwest side Page 17 - Appl. No. 4176 Matter of JOHN L. AND CONNIE CRONIN Decision Rendered June 22, 1993 is shown by applicant to have a setback at 1.7 feet (or slightly more) from the side property line, which is closer than established nonconforming sideyard of the dwelling at 6.6 feet. The lot coverage is calculated at not more than 32 percent of the land area, (although the figure furnished by the applicant's attorney is 1,472+- sq. ft. which is slightly less). 4. It is the position of this Board in considering this application that: (a) the circumstances are unique to the substandard size of layout of this property and are not personal to the landowners; (b) the relief requested is not substantial - and the floor area of the dwelling as exists is 792 sq. ft. which is less than today's minimum requirement of 850 sq. ft.; (c) the relief requested will not alter the essential character and is in harmony with the intent of zoning; (d) there is no other method feasible for appellants to pursue other than a variance - the land area is very small and cannot be increased in size; (e) the benefit to applicant is minimal and will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (g) the deck and attached walkway which is the subject of this application is existing, and although the difficulties claimed may be considered in some respect as "self-created," this Board finds that this does not preclude the granting of the relief - in light of all of the above findings. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED to GRANT the relief requested (and described in the above findings) for an open, unroofed deck with side walkway, as exists, subject to the following CONDITIONS: 1) This relief is limited to an open, unroofed, unenclosed deck and side walkway, as requested; Page 18 - Appl. No. 4176 Matter of JOHI~ L. AND CONNIE CRONIN Decision Rendered June 22, 1993 2) There shall be no expansion or extension of the deck and walkway - unless further consideration, after formal application, is obtained; 3) Any and all outside lighting must be shielded to the property without glare to neighboring areas. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. Page 19 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4168: Matter of the Application of THOMAS AND KATHLEEN MANGIAMELE. Request for Variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. WHEREAS, after due notice, a public hearing was held on June 22, 1993, 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the May 11, 1993 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is located in the R-40 Low-Residential Zone District and contains a total area of 49,789 sq. ft. The map submitted with this application shows an existing two-story, single-family dwelling structure set back 136+- feet from the northerly (front) property line, 70+- feet from the westerly (side) property line, and 49+- feet from the easterly (side) property line. 3. The garage size is proposed to be 22' x 18' with a location in northerly front yard area a distance of 80+- feet from Duck Pond Road. The setback from the westerly side property line is shown to be proposed at a minimum of 15 feet. 4. The rear yard for this particular parcel layout is not defined by the zoning code since there are two front yards and two side yards, and the property is not a "corner lot" (corner Page 20 - Appl. No. 4168 Matter of THOMAS & KATHLEF~ M~kNGIA/~ELE Decision Rendered June 22, 1993 lots are permitted to establish a rear yard in one of the two side yards). Also, there is an access right-of-way extending from Duck Pond Road in an east-west direction a length of 238 feet to the parking area for the owners' residence. 5. For the record, it is noted that this building is proposed for accesso~ use incidental to the residence nature of the property for storage of the owners' own vehicles, lawn equipment and the like. The applicant is aware that this building may not be used or operated for business or similar gainful purposes (such as rental for non-owner storage, etc.) and also not used as a separate principal use (business or residence). 6. The proposed building will be in confozqnance with the height requirements {one-story and less than 18 feet total from ground to peak}. 7. It is the position of the Board in considering this application that: (a) the circu/~stances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards" - to the north of the residence and to the south and southwest, and the remaining yard areas are side yards; (b) the relief is not substantial in relation to the requirements and will be at a distance of at least 15 feet from the westerly property line; (c) the variance requested does not involve an increase of dwelling unit density; (d) the relief reqq~ested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (e) the relief requested is not unreasonable due to the uniq~eness of the property and the i~ediate area; (f) 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 Member Wilton Chairman G0ehringer, it was · seconded by Page 21 - Appl. No. 4168 Matter of THOMAS & ~ATHLEEN MANGIAMELE Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief requested under Appl. No. 4168 in the Matter of the Application of THOMAS AND KATHLEEN MANGIAMELE to locate a 22 ft. by 18 ft. accessory garage/storage building in the front yard area, 15 (or more at the discretion of the owners) feet from the westerly property line (and at least 60 feet from the northerly property line), as applied: SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setbacks be not ]ess that applied for in the application (15 ft. from westerly line and 80+ ft. from the northerly property line); 2. That the building is and shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (i.e. not for rental storage or other commercial use). 3. That the building height from ground to top (peak) not exceed code requirements (at 18 feet).(and one-story hei§ht); 4. That there be no cooking facilities; 5. That there be no conversion for living quarters(as restricted by the accessory provisions of the code in this R-40 Zone District). Vote of the Board: Wilton, and Goehringer. lk Ayes: Messrs. Dinizio, Villa, This resolution was duly adopted. ~/~GERARD P. GOEHRINGER, CHAIRMAN Page 22- Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 Appeal No. 4170: Application of THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side.of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on June 22, 1993, at which time 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 the northwesterly side of Middle Road (C.R. 48) near its intersection with Sound View Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000 square feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, BLock 01, Lot 27. 2. The subject premises is vacant land. A portion of the land consists of low beach areas 'subject to flooding, and the remainder with variable contours as shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea Page 23- Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 level (MSL). The dimensions of the lot are as follow: (a) the frontage along Middle Road - CR 48 is shown to be 30.~0 feet; (b) the width along the low bank near the ordinary highwater mark per the N.Y.$. Department of Environmental Conservation maps is 48+- feet; (c) width at the extreme north end (below the current highwater mark} is shown to be 63+- feet, (d) the average depth of the property is 239 feet. It is also noted that the premises is located in the A-8 Floo~ Zone (min. el. at .11 feet above MSL at lowest floor utilized for residential use or placement of utilities (furnace, wiring, etc.). 3. APpellants have been authorized to make this application as contract vendees under a Contract of Sale dated September 16, 1991 with the property owners. 4. In this application, relief is requested to locate a 26 ft. wide by 30 ft. deep dwelling (inclusive of deck floor · area, porches, and other construction) as shown on the survey map lastly amended May 24, 1993 and prepared by Roderick VanTuyl, P.C.). The dwelling construction is shown to be 'at least 50 feet from the line of the low bank. The sanitary system pools are shown close to the driveway-parking area, all landward of the proposed house location. The sideyards are shown at eight feet on each of the two side yards. Waterproof retaining walls and curbing is shown along both side yards (el. 6'8") for a proposed length of 135+- feet. A 12" water main runs along County Road 48. 5. Article XXIII, Section 100-239.4A of the Zoning Code provides for a setback of not less than 100 feet from the bank or bluff of the Long Island Sound. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum, and 15 feet in the other sideyard, and a total combination of not less than 25 feet. This new location of the proposed dwelling is necessary due to the narrowness of the lot. 6. Since the filing and grant of alternative relief under Appeal No. 4078 rendered April 22, 1993 to the applicants herein, the following approvals were issued: a) Southold Town Trustees variance under the Coastal Erosion Hazard Area Law, Permit No. 135-1-27, dated May 27, 1993. One of the conditions under which this permit was issued is that the sanitary system remain in the yard area facing the street; b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00424/00001-0 issued May 28, 1993. One of the Page 24- Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 conditions under this permit was the requirement that there be no disturbance to the natural vegetation of topography within an area extending 53 linear feet landward of the wetland boundary. Also, roof runoff shall be directed into drywells a minimum of 100 feet land of the tidal wetland boundary for immediate on-site recharge. No decks, accessory buildings or additions unless further approvals and permits are obtained. The distance to the ordinary highway mark is shown to be 75 feet to the location of the dwelling, and according to the D.E.C. approved map is shown to be 75 feet, and 140 feet from the front (street) line to th~ back (waterside) of the proposed dwelling. 7. This request for sideyards is basically the same at eight feet and eight feet for a total of 16, except that the width of the house would be slightly greater at this new. location of the house further north 50 feet which is the location approved by the State and Town wetland agencies. 8. There are houses with similar setbacks in this waterfront community which existed prior to the enactment Of this law in May 1985. 9. In considering this application, the Board also finds and determines: (a) that the sound (northerly) setback requested is within the established setbacks presently existing in the area; (b) the hardship is related to the uniqueness of the land due to its size, shape, topography, location, and the character of the neighborhood; (c) the variance requested is the minimum necessary to afford relief and there is no viable alternative for appellants to pursue other than a variance; (d) the grant of the variance as applied will not be detrimental to the health, safety, or welfare of the community, and it will provide a benefit for the property owner to use his land for a zoning use allowable in this R-40 Residential Zone District; (e) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by the property owner (and their agents) in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; Page 25- Appl. No. 4170 Matte~ of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 (f) the appellants' requests are not unreasoDable in light of the limited upland area available for a residence, and the difficulties claimed are related to the land rather than a personal claim of appellants; (g) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinfzio, it was RESOLVED, to GRANT the relief as requested and noted below in the Matter of the Amended Application of THEODORE AND MARIA PETIKAS under Appl. No. 4170: a) placement of the entire dwelling construction, which must include steps and overhangs, shall not be closer than50 · feet to the low bank of the Long Island Sound as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. dated May 24, 1993; b) placement of the dwelling construction shall not be closer than eight feet from either side yard, and not less than a total side yard area of 16 feet; c) no building construction activities shall take place until all agency approvals have been issued, in writing, including the Southold Town Building Inspector's Office; d) the side yard(s) remain open and unobstructed at all times for access by emergency and/or fire vehicles.. Vote of.the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. Page 26 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4173. CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. WHEREAS, a public hearing was held on June 22, 1993, 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; 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. BASIS OF APPEAL. This is an appeal based upon the May 26, 1993 Notice of Disapproval issued by the Building Inspector to issue a free-standing ground sign in a Hamlet-Business (HB) Zone District. The applicant making this application is a tenant at the premises and has received written authority from the property owner to file this application. The property owner of record is Allbobrick Realty Corp., which acquired the property on December 30, 1986 from Kendall. 2. DIMENSIONS OF SIGN. The face of this sign is 4 ft. high by 8 ft. long - which exceeds the maximum size requirement of the code of 24 square feet. The height of the sign is proposed at 10 feet to the top, and will be required to be a minimum of four feet from ground to the face (bottom edge) for visibility purposes. 3. LOCATION OF SIGN. This sign is proposed to be situated six feet from the northerly property line and located generally Page £7 - Appl. No. 4173 Matter of Cross-Stitch Cat (O'Connor) Decision Rendered June 22, 1993 at the northeast corner (grass buffer area) as more particularly shown on the sketch submitted with the application. 4. CODE. The provision of the Code from which a variance is requested is Article IX, Section 100-81C (from Section 100-91C-2) which states that such signs are permitted accessory uses s,Jbject to the following requirements: ...(a) Freestanding or ground signs: where the building is set back 25 feet or more from the street, one (1) sign, single or double faced, not more than 18 sq. ft., the lower edge of which shall not be less than four feet above the ground ... which sign shall be set back not less than 15 feet from all street and property lines and shall advertise only the business conducted on the premises... 5. EXISTING SIGN. The 0nly other existing sign at the premises is a ground sign at the northwest corner of the property for the other business, Roy Reeve Insurance Agency. No tenants other than The Cross-Stich Cat Ltd. are occupying the 'building. 6. STATE AUTHORIZATION. By letter dated May 28, 1993, the NoY.S. Department of Transportation has indicated that the sign is in conformance with Section 52 of the Highway Law, and may be erected subject, of course, to local permits and approvals. This letter has been made a part of the record by the applicant. 7. FAVORABLE CONSIDERATIONS. It is the position of the Board Members that there are several reasons that this property should be allowed a variance for this ground sign. First, the building is situated with a nonconforming setback at 8+- feet from the front property line, very close to N.Y.S. Route 25. Second, to locate the sign at 15 or more feet from the front property line would place the sign in the middle of the access driveway and in-near present parking areas at the side yards. Third, this ground sign is preferable over wall signs -- which the owner waives. No wall signs exist and no wall signs are intended by the owner or the tenant(s) for aesthetic reasons (the building was renovated with a new brick exterior). The board members agree with their reasoning and condition this fact in allowing the variation for the ground sign location. 8. UNFAVORABLE CONSIDERATIONS. It is also the position of the Board Members that the reasoning for requesting the size of the sign at 4 ft. by 8 ft. does not meet the criteria for the Page 28- Appl. No. 4173 Matter of Cross-Stitch Cat (O'Connor) Decision Rendered June 22, 1993 grant of a variance. The sign of the sign may be 4 ft. by 6 ft. alternatively which is the normal size for identification of established businesses in the business districts. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the relief requested as to the 4 ft. by 8 ft. size, and be it FURTHER RESOLVED, to GRANT the relief requested for the location of a 4 ft. by 6 ft. ground sign at a distance six feet from the front northerly property line {or more at the discretion of the applicant} in the existing grass-buffer area as more particularly shown on the sketch submitted with the Application of The Cross-Stitch Cat Ltd., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lower edge Of the sign be not less than .four feet from ground for visibility purposes; 2. That the sign not be closer than six feet to the northerly property line; 3. That other permit(s) be obtained for this alternative relief before placement of the sign (as required by law). Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk Page 29 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals Appl. No. 4174. ACTION OF THE BOARD OF APPEALS Upon Application of HENRIETTA AND ARTHUR MORMILE. Variance to the Zoning Ordinance, Article IIIA, 100-30A.3, Bulk Schedule, for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15, 16. Total area combined is approximately 23,000 sq. ft. WHEREAS, on May 7, 1993 a Notice of Disapproval was issued by the Building Inspector concerning an application to re-separate and place a new division line for two parcels improved, each with a single-family dwelling; and WHEREAS, on June 1, 1993, an application for variances concerning lot area and width for each of the two parcels was filed; and WHEREAS, after due notice, a public hearing were held by the Board of Appeals on June 22, 1993, at which time 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, 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 concerning two parcels of land, all as shown on the November 9, 1992 survey map prepared by Peconic Surveyors, P.C. submitted with this application: a) Parcel 1 consists of a combined lot area of 12,113 sq. ft. - also referred to as Tax Map Nos. 9 and 15, Block 04, which is in the name of Henrietta Mormile. This lot area was combined inadvertently due to lack of continuous single-and-separate ownership. Page 30- Minutes Appl. No. 4174 - HENRIETTA & ARTHUR MORMILE Decision Rendered June 22, 1993 b) Parcel 2 consists of a lot area of 15,261 sq. ft. - also referred to as County Tax Map No. 16 - which is owned by Arthur and Marian Mormile. 2. By this variance application, appellants are requesting permission to re-divide this 25,083 sq. ft. of land (to continue two lots) without an increase in lot density, by establishing a new lot line (shown as running South 15 degrees 47 minutes 50 seconds East 82.07 feet). The placement of this new lot line will alter the combined Tax Map Lot Nos. 9 and 15 from 12,113 sq. ft. to the proposed 9,822 sq. ft., and Tax Map Lot No. 16 will increase from its present size of 10,648 sq. ft. to 15,261 square feet. 3. This property is located in the R-40 Low-Density Residential Zone District which requires 40,000 sq. ft. of lot area per lot (Article III, Section 100-30A.3, Bulk Schedule applicable to the R-40 Zone District). Since the two lots are substandard in size as exists (before this proposed change in the lot division line), an area variance is required to reduce the lot area of one. Information has been submitted to show that these two lots (rather than three) were existing in single and separate ownership prior to zoning. Each of the two lots is improved with a single-family dwelling structure. 4. The percentage of relief sought by this application is applicable to Parcel 1 at 18 percent for a reduction in size from 12,113 sq. ft. to 9,822 sq. ft. -- or 2,291 sq. ft. less than the present lot size. Since this proposal is for an adjustment to increase Parcel 2 by the same difference, there is no increase in density or affect on the total area of the lots (combined total). 5. In considering this application, the Board also finds and determines: (a) the relief as granted is not substantial in relation to lots established in the close vicinity of this property; (b) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance; (c) the relief requested will not cause a substantial effect on available governmental facilities; Page 31- Minutes Appl. No. 4174 - HENRIETTA & ARTHUR MORMILE Decision Rendered June 22, 1993 (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) the relief sought by applicant cannot be achieved by a method other than an area variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood or zone district - the new location of the division line is for record purposes and is not visible to the lands; (g) the difficulty is related to the uniqueness of the property and is not self-created; (h) the relief requested will be the minimum necessary to afford relief. (i) 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 Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested under Appeal No. 4174 in the Matter of ARTHUR & HENRIETTA MORMILE, for the re-adjustment of lot lines for two substandard parcels, shown as Parcel 1 and Parcel 2 on the survey map prepared by Peconic Surveyors, Inc. (dated November 9, 1992) plus amendment to show both existing dwellings. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Wilton and Villa. (Member Doyen was absent.) This resolution was duly adopted. Page 32 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals HEARINGS CALENDAR FOR JULY 22, 1993: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to authorize and direct advertisement of the following matters for public hearings to be held during a Regulr Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JUNE 22, 1993, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100o30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000~24-1-8. This property contains an area of 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKRR. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and RILRRN LRDDY. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. Page 33 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals (RESOLUTION SETING UP NEXT HEARINGS CALENDAR:) 6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Ha~aters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7. 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the Aprl£ 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities..", and pertaining to the ADril 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc."), as Contract Vendee, request a Special Exception as per ~ Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. Page 34 - Minutes Regular Meeting of June 22, 1993 Southold Town Board of Appeals (RESOLUTION SETING UP NEXT HEARINGS CALENDAR:) 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER. INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC, and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. ENVIRONMENTAL DECLARATIONS: The following declarations were prepared and accepted as written: (Continued on following pages) Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Telephone · Page 35 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 20, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4072 Amended Project/Applicants: Yaru3an Arslanyan County Tax Map No. 1000-52-]-]8 Location of Project: 54455 CR 48, Sreenp0rt, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to existing dwelling within lO0' of sound bluff This Notice is issued pursuant ~o 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa RiChard C. Wilton Telephone (516) 765-1809 Page 36 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting 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 June l, 1993 .q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4173 Project/Applicants: County Tax Map No. Location of Project: Cross Stitch Cat/Allbobrick Realty Corp. 1000- 114-11-9.3 13400 Main Road, Mattituck, NY 11952 Relief Requested/Jurisdiction Before. This'Board in this Project: Request approval of square footage/demensions of second ground sign 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Page 37 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOq~FL. HARRIS S~ervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ,June 4, 1993 .q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4176 Project/Applicants: John and Constance Cr0nin County TaX Map No. 1000- 37-3-7 Location of Project: ]055 0Id Orchard Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of deck with insufficient ~ear and side yards and in excess of lot coverage limitation ~ 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 g44-4 of the Town of Southold. An Environmental Assessment [Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13ta) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2[jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516)' 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ic ard ' Thep~one (51~B) Page 38 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTrL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 · June l, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4171 Project/Applicants: Thomas Buckner County Tax' Map No. 1000-]0-5-2.2 Location of Project: Pvt. Road off East End Rd., Fishers Is]and, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition to dwelling with insufficient sideyard 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 Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further informatiOn, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Page 39 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTTL. HARRIS Super~sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 8, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]52 Project/Applicants: County Tax' Map No. Location of Project: Thomas Buckner 1000- 10-5-2 2 Pvt. Road off East End Rd., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition to dwelling with insufficient setback from freshwa%er wetlands 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; however, section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2{jj)), this determination shall have no affect upon any other agency,s interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, James Dirtizio, Jr. Robert A. Villa i card Page 40 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTTL. HARRIS S~ervis~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June l, 1993 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4172 Project Name: Janet A. Fergus0n County Tax Map No. 1000- 6- 8- 6 Location of Project: Central Avenue, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a one-family dwelling in a "B" Zone 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 thag no significant adverse environmental ef.fects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed' this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { ) this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However,.if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Minutes APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. J-roes Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Page 41 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTT L. HARR/S Super%4sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 14, 1993 S.'E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]77 Project/Applicants: County Tax'Map No. Location of Project: James P. Leddy 1000- 140~2-36 195 Mary's Rd., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Porch addition in line with existing front yard setback of dwelling at 31+- feet 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency'under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, jr. James Dinizio, Jr. obe t . '11 Ric~ar~r ~. ~ ~ton Telephone (516) 765-1809 Page 42 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting 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 June 1, 1993 S.E,Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4174 Project/Applicants: County TaX Map No. Location of Project: Mormile, Henrietta and ors. 1000- 128-4-9. 15 and 16 270 Pvt. Rd. #6, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot line change - insufficient area of two lots 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall Main Road, Southold, NY 11971 at (516) 765-1809. ' Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr.' James Dinizio, Jr. .R ber V' a R1 c~ar~ AC. i~l 1 ton Telephone (516) 765-1809 Page 43 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting SCOTt L. HARRIS Superhsor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 3, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]75 Project/Applicants: County Tax' Map No. Location of Project: Patricia Stiefer 1000- 121-4-8.1 6760 Sound Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Interpretation of "one-family use" 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. · ob rt . Telephone (516) 765-1809 Page 44 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting 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 May 20, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4168 Project/Applicants: County Tax Map No. Location of Project: Thomas and Kathleen Mangiamele 1000- 83-2-19.7 3180 Duck Pond Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct an accessory garage in the front yard area This Notice is issued pursuant Go 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; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(3j)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman - S'~-rge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 Page 45 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1993 Regular Meeting 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 -. May 20, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]70 Project/Applicants: County Tax Map No. Location of Project: Theodore Petikas 1000- 135-1-27 52755 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling within lO0' of bank on Long Island Sound and also sideyard 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 Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type I1 classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Minutes Page 46 June 22, 1993 Regular Meeting (Environmental Declarations, continued:) VOTE OF THE BOARD: AYES: Messrs. Dinizio, Wilton, Villa, and Goehringer. (Member Doyen was absent.) * * * UPDATE: Appeal No. 4160 - SUSAN TASKER. Correspondence was received June 14, 1993 from Roy L. Haje, President of En-Consultants, Inc. in behalf of Susan Tasker in the pending application for a Variance with reduced setbacks from the bank or bluff along the Long Island Sound in Greenport, County Tax Map Parcel No. 1000-44-1-11. Mr. Haje has submitted copies of the following: Town Trustees Variance Approval with Conditions concerning survey map last dated May 18, 1993; and Town Trustees Coastal Zone Management Authorization issued 5/26/93; and Town Trustees authorization dated 5/26/93 under Permit No. 4167. As of this date, Mr. Haje has not been able to obtain a written stamp of approval from the Suffolk County Department of Health Services, but he confirms it is expected that approval would be issued shortly. There being no other business transactions properly coming to the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, //~ Approved - ~~~er REJEsIoVuE D{oAnDND o F EcDma. B Y ,' ~rk, Tow~old