HomeMy WebLinkAboutZBA-06/13/1985 APPEALS BOA'RD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board o£Appeals
MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11:J71
TELEPHONE (516) 765-1809
MINUTES
REGULAR MEETING
JUNE-13, 1985'-
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday, JUne 13, 1985 at 7;30 p.m. at the Southold Town
Hal. l, Main Road, Southo~d, New York' '
Present were: Gerard P. G~ehringer, Chairman; Charles
Grigo~is, Jr.; Serge~Doyen,.Jr.; Joseph H.'Sawicki and Robert
Douglass, constituting ~ll the five members of the Board of
Appeals. Also present were approximately 18 persons in the
audience at.the.commencement Qf the meeting (Assembly Hall).
The Chairman opened the meeting at 7:~5 p.m. and proceeded
with the first public hearing on the agenda, ~s follows:
7:38 p.m. Appeal No. 3341 - Public Hearing was held in the
Matter of the Application of HELEN CONWAY for a Variance to the
Zoning O~dinance, Article [II,-Section 100~31, Bulk Schedule, for
approval of insufficient lot area, width~and depth of proposed
paucel to be set off, located at the South Side of Chestnut Road,
$outhold, NY~ County Tax Map Parcels No. 1000;59-03-003 and 004.
Rudolph H. Bruer,'Esq.'spoke.in behalf of the applicant° (Verbatim
transcript of hearing has been prepared under separate cover by
Barbara StraDg as recorded electroDically. Original transcript
to be filed with the Town Clerk's Office.) This matter was
reconvened since the last hearing on May 23, 1985, concerning
receipt of a response or approval from the Suffolk County Depart-
ment of Health on Article VI. Subsequently, comments dated
May 29, 1985 were received by the Z.B.A. indicating that since
this project is a redistribution of a line line without increase
in density, no subdivisi~on application is required under Article VI.
The notice of thisi::hearing: was re-advertised in both the Long
Island Traveler-Watchman and Suffolk Times pursuant to law.
Southold Town Board of Appeals -2- June 13~ 1985 Regular Meeting
(Appeal No. 3341 - HELEN M. CONWAY, continued:)
Following the hearing~motion was made by Mr. Goehringer,
seconded_by Mr. Grigonis,.~to conclude (close) the hearing pending
deliberati, ons. r Thi~ resolution was unanimously adopted and the
he~ring was concluded at ~pproximately 7:42 p,~.
7:42 p.mo Appeal No. 3347 ~ Public Hearing was held in the
Matter of the Application for ALICE SZALA for a Variance pursuant
to New York Tow~.._Law, Section ~2~Q~'~'~proval of access:
private right-of-way located off~he.~out~Side of Main Bayview
Road known as "Williamsburg Drive"~ County Tax Map Parcel
No~ 1000-78-05~17. '"
~he Chairman ~ead the legal notice of hearing and application
in its entirety for the record. Mr. Szala, brother-in-law of
the applicant,_appeared in behalf-of Ali~e Szalao Mr. Szala was
furnished with a~ additional copy of J~ck Davis'.'road report
which was under consideration concerning improvements to the
road for a~cessi:b~li"~:b~ emergency vehicles. (Verbatim transcript
of this hearing has b~en.prepared under s~parate cover by
B~rbara Strang as recorded electronically,]_yiled with the Town
Clerk's Office for reference~)
Following the hearing, motion was made by Mr. Goehringer,
secon~ed~by Messrs. Sawicki and Grigonis, ~6 ~onclude (close) the
hearing pending deliberations. Thi~ resolution was unanimously
adopted and the hearing was concluded at approximately 7:45 p.m.
7:46 p~m. Appeal No. 3357 - Public Hearing was held in the
Matter of the Application for DR. JA~ P. AND M. SLOTKIN for a
Variance to the_Z~ning Ordinance, Article ~II; Section 100-30,
and as required by Z.B.A. Appeal No. 2932, for permission to
construct_addition to existing professional office known as
49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY;
County'Tax Map Parcel No. 1000-70-05-004.
~he Chairman re~d the legal notice of hearing and application
in its entirety for the record. Abigail A. Wickham, Esq..spoke
in behalf of the_applicants, an~ Dr. and Mrs. Slotkin were present.
The verbati~ transcript of the statements made during this hearing
has~bee~ preparedlunder separate cover by Barbara Strang as
recorded electronically and filed with the Town Clerk's O~fice
for reference.
Southold Town Board of Appeals -3- June 13, 1985 Regular Meeting
(Appeal No. 335~-- SLOTKIN~ continued:)
Following the'~bearing, motion was made by Mr. Goehringer,
seconded by Mr. Grigonis, to conclude (close).the hearing pending
deliberations. This resolution was unanimously adopted and the
hearing was concluded at approximately 7:52 p.m.
7:53 p.m. Appeal No. 3254 - Public Hearing was held in the
Matter of the Applica~io~ of EUGENE D&VISON for a Variance to the
Zoning Ordinance, 'Article III, ~ctio~ ~00=3!, Bulk Schedule, for
approval of lots of in~uffic'i'ent area ~d lo~wid~h ~n thi_.~ proposed
division o~ 1..a'nd (106-13)_located at the South Side of Sound Avenue,
Mattituck, Ny; County Tax Map Parcel No. 1000-121-3-5; containing
12.6+ acres.
The Chairman read the legal notice in its entirety and appeal
application for the record.~ Eugene Davison was present and spoke
in behalf of.his application. It is noted for the record that
comment~ or recommendations on this particular site plan as amended
and submitted 5-28-85 were not submitted. The verbatim transcript
of the statements made during this hearing as recorded electronically
have been prepared under separate cover by Barbara Strang]and filed
with the Town Clerk's Office for reference.
Following the hearing, motion was made by Mr. Goehringer,
seconded by Mr. Douglass, to conclude (close) the hearing pending
deliberations. This resolution was unanimously adopted and the
hearing was concluded at approximately 7:54 p.m.
7:55 p,m. Appeal No. 3359 - Public Hearing was held in the
Matter of the.Application of THOMAS YASSO (Williston Beverage) by
Environment East, Inc. for a Variance pursuant to Z.B.A. Decision
rendered 5/22/75 under Appeal No, 3189~for proposed addition which
will exceed the restricted let coverage for~this "B-I" General
Business zoned parcel located at the South Side of Main Road,
Mattituck, NY; County_Tax Map Parcel No. 1000-122-3-5.
The Chairman read the legal notice and apoeal application in
its entirety for the record. Peter Stoutenbu~g[w~.present and
spoke in behalf of the applicant. Several objections from abutting
property owners were made. The ~e~bat~m transcript of the state-
ments made during the public hearing as recorded electronically
has been prepared under separate cover by Barbara Strang and filed
with the Towe Clerk's Office for reference.
Following the hearing, motion was made by Mr. Goehringer,
Southold Town Board of Appeals -4- June 13, 1985 Regular Meeting
(Appeal No. 3359 YASSO, continued:)
seconded by Mr. Douglass, to conclude (close) the hearing pending
deliberations. This resolution was unanimously adopted and the
hearing was concluded at approximately 8:10 p,m.
8:ll p.m. Appeal No. 3361 - Public Hearing was held in the
Matter of the Application of JEAN HOLLAND which was recessed from
the May 23, 1985 Regular Meeting, pending receipt of accurate and
certified sucveys showing the exact locations of the lot lines and
relief requested.(for approval of lot area and width of two parcels,
Meadow Beach Lane and Sunset Road at Nassau Point), Michael J.
Hall, Esq. spoke in behalf of the applicants, who were also present.
Since the last hearing 5/23185, no.]mesponse has been received
from the Suffolk County Department of Health Services concerning
this proposal as required under Article VI. A response was expected
in a day or two. Also, maps were submitted during the hearing from
the applicant's attorney furnishing the requested information.
Mr. Hall~'f~rnished the board~]with a copy of the recent N.Y.S.
Department of Environmental Conservation approval under Permit
No. 10-84-0678. (~erbatim transcript prepared u~der separate cover.)
Following the hearing, motion was made by Mr. Goehringer,
seconded by Mr. Grigonis, to conclude (close) the hearing pending
deliberations. This resolution was unanimously adopted and the
hearing was concluded at approximately 8:20 p.m.
8:20 p.m. Appeal No. 3338 - Public Hearing was reconvened in
the Matter of the Application of HOWARD L. YOUNG AND WIFE. Variance
for approval of lot area and width of p~rc~ls. N/s Main Road, Orient.
The Chairman reconvened the hearing at 8:20 p..m. John DeReeder
spoke in behalf of the applicants. The board was notified that
there would be another change in the location of the right-of-way,
and that th~ maps ~ubmitted,!June~lO, 1985 and~dated. Ju~e 7, 1985,
are correct. The verbatim transcript of the statements made during
the public hearings have been prepared under separate cover by
Barbara Strang as recorded electronically and filed with the Town
Clerk"s Office for reference.
Following the hearing, motion was made by Mr. Goehringer,
seconded by Mr. Grigonis, to conclude (close) the hearing pending
deliberations. This resolution was unanimously adopted and the
hearing was concluded at approximately 8:25 p.m.
Southold Town Board of Appeals -5- June 13, 1985 Regular Meeting
APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by
Mr. Douglass, it was
RESOLVED, to approve the Minutes of the May 23, 1985 Regular
Meeting as submitted.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. ~This reSOlution was adopted by unanimous
vote of all the members.
NE~T REQULAR MEETING,[ii. On ~6ti'onGby Mr. Goehringer, seconded
by Mr. Douglass, it was
RESOLVED, that the date for the next Regular Meeting of this
board be and hereby is scheduled for THRUSDAY, JUNE 27, 1985, commenc-
ing at 7:30 pom.
Vote of the Board: Ayes: Messrs. Goehringer~ Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
APPEAL NO. 3251 - RENATE RIEDEL. On May 28, 1985, written
correspondence was received from the applicant, Renate Riedel,
requesting to withdraw her application cQncerning property of
W. Smith~
Now, therefore, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
RESOLVED, that Appeal No. 3251, application for RENATE RIEDEL,
be and hereby is WITHDRAWN WITHOUT.PREJUDICE (as requested).
Vote of the Board: Ayes: ~essrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolutiQn was adopted by unanimous
vote of all the members.
APPEAl NO. 2735~- HARRY O. HURLBURT, JR. In reviewing the
subject file, it was noted that an annual inspection and renewal
request frem the applicant is required. The board members chose
the wait until the August Fishers Island Annual Trip by ferry to
Fishers Island to inspect the property, located at Private Road,
County Tax Map Parcel No° 1000~003-02-10.
Southold Town Board of Appeals -6- June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3254:
Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck~ NY
for a Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of lots of insufficient area and lot width
in this proposed division of land (106-13) located at the South Side of
Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-3-5,
containing 12.6+ acres.
WHEREAS, a public hearing was held and concluded on June 13,
1985 in the Matter of the Application of EUGENE DAVISON, Appeal No.
3254, at which no objections were received for the record; and
WHEREAS~ the board members have considered all testimony and
documentation entered into the record in this matter; and
WHEREAS, in requesting input from the Planning Board concern-
ing the most recently revised subdivision map, it was the consensus
of the Planning Board not to comment pending Z.B.A. determination; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the South Side of
Sound Avenue, Mattituck, NY with a total acreage of 12.6372 acres
and frontage (lot width) along Sound Avenue of 840.88 feet and is
located in an "A-80" Residential and Agricultural Zoning District;
2. By this application, appellant proposes a division of
the entire 12.6372 acres into four lots with existing structures,
as shown on the amended site plan received May 28, 1985 and
prepared by Roderick VanTuyl, P.C. October 22, 1984, and as follows:
(1) Lot #1 with an existin§ single-family, two-story
frame dwelling and having an area of 40,000 sq. ft., lot width
of 280 feet, and lot depth of 156 feet; (2) Lot #2 with an existing
single-family dwelling and accessory garage and having an area of
40,000 sq. ft. (inclusive of a 25' access strip from Sound Avenue);
(3) Lot #3 of 482000 sq. ft. with 121.20~ lot width along Sound Avenue
and an existing single-family, 1½-story frame house; (4) Lot #4
of 9.8± acres containing only an existing horse stable [which
is presently without habitable residential quarters].
3. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum of 80,000 sq. ft. in area, 175 foot lot
width, and 250' lot depth.
4. In viewing the property in question and the placement of
the three nonconforming dwelling structures and accessory buildings,
it is the opinion of the board that this is plan as amended is the
Southold Town Board of Appeals -7- June 13, 1985 Regular Meeting
(Appeal No. 3254 - EUGENE DAVISON, continued:)
most feasible plan for the applicant to pursue.
5. Applicant has submitted a Declaration of Covenants and
Restrictions in legal, recordable form restricting Lot No. 2 to
any further subdivision in perpetuity, and the original of which
is subsequently herewith to be filed with the Suffolk County
Clerk's Office.
In considering this appeal, the board has found: (1) that
the circumstances of this appeal are unique and therefore in view
of the manner in which the difficulties arose, another method for
the applicant to pursue other than a variance is not feasible;
(2) that there will be no effect, if the variance is allowed, of
the increased population density thus produced on available
governmental facilities; (3) that there will be no substantial
change to adjoining properties; (4) that in view of the manner
in which the difficulties arose, the interests of justice will be
served by allowing the variance applied, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, to grant the relief requested under Appeal No.
3254 as shown on plan dated October 22, 1984 (received May 28, 1985)
for approval of: (1) Lot #1 of 40,000 sq. ft. in area, 280 feet of
lot width, and 156 of lot depth; (2) Lot #2 of 40,000 sq. ft. in
area (inclusive of 25' access strip from Sound Avenue; (3) Lot #3
of 48,000 sq. ft., 121.20' lot width and 250' lot depth; (Lot #4
does not require variance relief at this time), SUBJECT TO THE
FOLLOWING CONDITIONS:
1. If and when stable is converted to a single-family
residential use as may be permitted by the zoning and fire codes,
the structure must comply with requirements under the "A-80" section
of the zoning Bulk and Parking Schedule;
2. Planning Board approval.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyens Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Southold Town Board of Appeals -8- June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3341:
Application for HELEN CONWAY, by R.H. Bruer, Esq., Main Road,
Southold, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule, for approval of insufficient lot area,
width and depth of proposed parcel to be set off, located at the
South Side of Chestnut Road, Southold, NY; County Tax Map Parcels
No. 1000-59-03-001, 003 and 004.
WHEREAS, public hearings were held on May 23, 1985 and June 13,
1985, at which time the hearing was concluded, in the Matter of the
Application for HELEN M. CONWAY, Appeal No. 3341; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter~ and
WHEREAS, on May 30, 1985, communications was received from the
Suffolk County Department of Health Services concerning this particular
application indicating that "since the project is a redistribution of
a lot line and no increase in density, no subdivision application
(under Article ~ii is required; no problems with water supply and/or
sewage disposal is expected..."~ and
WHEREAS, the board made the following findings of fact:
1. The property in question is located in a Residential and
Agricultural Zoning District and is situated along the south side
of Chestnut Road, Southold, and is more particularly identified on
the Suffolk County Tax Maps as District lO00, Section 059, Block 3,
Lots l, 3 and 4, containing a total area of 6.7 acres.
2. Applicant is proposing a set-off of "Parcel 2" of an
area of 30,458 sq. ft., lot width of 150 feet, and lot depth of
201.83 feet from "Parcel 1' which would have an area of 6.0 acres
with 50' frontage along the Main Road a variable lot widths.
3. The land in question is vacant and was conveyed by
deeds at Liber 2966 cp 403 on July 1, 1949, and at Liber 3570
cp 220 on February 28, 1953, to the applicant herein (Helen M.
Conway).
4. In viewing t~b~imme~ate-~r~a~.~eSbQmrd finds that there
are improved parcels abutting proposed "Parcel 2" containing
an area of the same or smaller size as proposed herein which
have existed since the time of 12,500 sq. ft. zoning.
In considering this appeal, the board has found that
this proposal is consistent which those parcels abutting and
generally existing in the immediate surrounding area and it has
further determined that: (1) the relief requested is not
Southold Town Board of Appeals -9- June 13, 1985 Regular Meeting
(Appeal No. '3341 HELEN M. CONWAY, continued:)
substantial in relation to those gener~t}y~existing in'theL
area; (2)'there will be no effect, if the variance is
allowed, of the increased population density thus produced
on available governmental facilities; (3) there will be
no substantial change to adjoining properties; (4) in view
of the manner in which the difficulty arose, another method
for the applicant to pursue other than a variance is not
feasible~ (5) in view of the manner in which the difficulty
arose and in consideration of all the above factors, the
interests of justice will be served by allowing the variance,
as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, that the relief requested under Appeal No.
3341 in the Matter of the Application of HELEN M. CONWAY
for approval of the insufficient area of "Parcel 2" of
30,458 sq~ ft., lot width of 150 feet, and lot depth of
201.83 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITION:
That any and all construction must be in compliance
with the setback requirements for the "A-40" zoning district
(50 front, 50 rear, 1.6 one side, 35 total side yards).
Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
PENDING DECISION: Appeal No. 3337:
Application for KIMON AND WOODENE RETzos, by R-.~W-.~ii~i'spie as
agent, Main Road, Soutbold, NY for a Variance pursuant to New York
Town Law, Section 280-a, for approval of access over private right-
of-way to be located off the east side of Rocky Point Road along the
southerly property line of land of Metropoulos and over land of Nowell
Estate, to premises identified as County Tax Map District 1000, Sec-
tion 31, Block 2, Lot 10; and more particularly Lots 2 and 3 of
Minor Subdivision No. 81 (1973-Retzos).
Following deliberations, the board made the following findings
and determination:
WHEREAS, a public hearing was held and concluded on May 2, 1985,
in the Matter of the Application for KIMON AND WOODENE RETZOS under
Southold Town Board of Appeals -10- June 13, 1985 Regular Meeting
(Appeal No. 3337 RETZOS, continued:)
Appeal No. 3337, at which time no objections were received for the
record; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, including the
April 23, 1985 Road Inspection Report No. 444 prepared by John W.
Davis as requested by the Z.B.A.; and
WHEREAS, the board members are familiar with the property and
the area in question; and
WHEREAS, the board made the following findings of fact:
1. The property to which applicant is requesting approval
of access to is located in an "A-Residential and Agricultural"
Zoning District and known and identified as Subdivision Lots #3
and #2 of Minor Subdivision No. 81, approved by the Southold Town
Planning Board during 1973, and more particularly on the Suffolk
County Tax Maps as District 1000, Section 31, Block 02, part of
Lot 10.
2. The right-of-way in question is located along the
southerly side of land now or formerly of Metropoulos (1000-31-2-13)
commencing at a point at the east side of Rocky Point Road having a
legal width as shown on survey dated November 23, 1972, and a
traveled width of 12 feet, extending from Rocky Point Road in an
east-west direction approximately 262 feet, and thence extends in
a north-south direction for a length of approximately 280 feet,
which has some depressions.
3. The right-of-way in question appears to have been used
as a "haul road" to a former sand pit. Test holes show at least
six inches of hard-packed sand, gravel and loam. At this time there
does not appear to be any drainage problems.
4. Submitted for the record is a copy of a deed at Liber
4703 cp 233 dated October 1, 1959 from Nowell to West, the prede-
cessor in title.
In considering this application, the board has determined
that the variance be granted as noted below since: (a) this
right-of-way appears to be the only ingress to and egress from
appellant's properties and it is appellant's contention that this
is the legal right-of-way to the premises of record; (b) the
relief requested is not substantial; (c) there will be no sub-
stantial change in the character of the neighborhood or substantial
detriment to adjoining properties; (d) the circumstances of this
appeal are unique and there is no other method feasible for appel-
lants to pursue o~her than a variance; (e) in view of the manner
in which the difficulty arose, justice will be served by allowing
Southold Town Board of Appeals -ll- June 13, 1985 Regular Meeting
(Appea~ No. 3337 RETZOS, continued:)
the variance, as indicated below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
RESOLVED, to grant approval of access applied for under
Appeal No. 3337 in the Matter of the Application for KIMON AND
WOODENE RETZOS over the private right-of-way located on the
east side of Rocky Point Road (described in #2, supra), SUBJECT
TO THE FOLLOWING CONDITIONS:
1. There shall be a minimum open and unobstructed access
width within the legal right-of-way of 16 feet, improved as follows.
2. Holes and depressions in the east-west length to be
filled with bankrun gravel, sand and loam; and
3. Widen road to 16 feet where necessary by removing
topsoil for 8" and backfill with 8" of bankrun gravel, sand and
loam; and
4. Place a 3" crowned compacted top course of 3/4"-stone
blend or crushed concrete (re-cycled concrete); and
5. An alternate method of construction after filling the
depressions would be to place 4" of crowned stone blend or crushed
concrete on the existing surfaces for the 16-foot width; and
6. There shall be a clearance of 30 feet at turns for
turnarounds; and
7. That this right-of-way shall be maintained at all times in
good, satisfactory condition;
8. That all of these conditions be met prior to the issuance
of any building permit or June 1~ 1988, whichever shall be first, or
this variance will be deemed void in its entirety, and additional
application and updated reviews will be necessary automatically;
9. That the grant of this variance does not become effective
until all of the conditions set forth herein have been complied with
and accepted by the town in writing and after written request for
a final inspection and acceptance;
10. That the Zoning Board of Appeals may make any reasonable
exception as in its judgment it deems appropriate under the circum-
stances concerning the improvements of this right-of-way.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members. , , ,
Southold Town Board of Appeals -12- June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3347:
Application for ALICE SZALA by Stanley Karanewski, P.O. Box 498,
Cutchogue, NY 11935, for a Variance pursuant to New York Town Law,
Section 280-A for approval of access over a private right-of-way
known as "Williamsburg Drive," located off the South Side of Main
Bayview Road, Southold, NY, to premises identified on the Suffolk
County Tax Maps as 1000-78-05-17.
Following deliberations, the board made the following findings
and determination:
WHEREAS, a public hearing was held and concluded on June 13, 1985,
in the Matter of the Application for ALICE SZALA under Appeal No. 3347,
at which time no objections were received for the record; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, including the
March 27, 1985 Road Inspection Report No. 437 prepared by John W.
Davis as requested by the Z.B.A.; and
WHEREAS, the board members are familiar with the property and
the area in question; and
WHEREAS, the board made the following findings of fact:
1. The property to which applicant is requesting approval
of access to is located in an "A-Residential and Agricultural'~
Zoning District and is more particularly shown on the Suffolk County
Tax Maps as District 1000, Section 78, Block 05, Lot 17.
2. The right-of-way in question is located along the
southerly side of Main Bayview Road having a legal width of 50 feet
and extending in a southerly direction 457± feet from Main Bayview
Road to the parcel in question.
3. Existing road conditions are as follows:
122 ft. length beginning 10' from Main Bayview Road;
loamy sand and gravel recently graded for a
20' + width. One new catch basin 40 ft.
61 ft. length - Sand and loam 20+ ft. in width;
88 ft. in length - Course gravel 3± inches in depth and 13 ft. width;
80 ft. length - Sand and loam 10 ft.' in width;
Southold Town Board of Appeals -13- June 13, 1985 Regular Meeting
(Appeal No. 3347 SZALA, continued:)
36 ft. in length Bluestone and gravel 3± inches in depth
and 8± ft. width;
146 ft. length Partially used, topsoil with grass growth to
a stop sign.
533 ft. total length.
4. The access road is in need of improvements, particularly
in areas that are unstable, apparently due to prolonged wet condi-
tions and spring thaws.
In considering this application, the board has determined
that the variance be granted as noted below since: (a) this
right-of-way appears to be the only ingress to and egress from
appellant's properties and it is appellant's contention that this
is the legal right-of-way to the premises of record; (b) the
relief requested is not substantial; (c) there will be no sub-
stantial change in the character of the neighborhood or substantial
detriment to adjoining properties; (d) the circumstances of this
appeal are unique and there is no other method feasible for appel-
lants to pursue other than a variance; (e) in view of the manner
in which the difficulty arose, justice will be served by allowing
the variance, as indicated below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, to grant approval of access applied for under
Appeal No. 3347 in the Matter of the Application for ALICE SZALA
over the private right-of-way referred to as "Williamsburg Drive,"
located on the south side of Main Bayview Roads SUBJECT TO THE
FOLLOWING CONDITIONS:
1. There shall be a minimum open and unobstructed access
width within the legal right-of-way of 16 feet, improved as follows.
2. Place a four-inch compacted course of three-quarter inch
(3/4") crowned stone blend throughout on the existing surface. The
areas of gravel and bluestone can become part of the four-inch depth
of stone blend;
3. The first lO0 ft. or more of the improved access shall be
regraded to make the catch basin (referred to, supra) effective.
This will probably require removal of some of the present material
prior to the application of stone blend.
4. The use of recycled (crushed) concrete could be considered
Southold Town Board of Appeals -14- June 13, 1985 Regular Meeting
(Appea~ No. 3347 - SZALA, continued:)
as an alternate for the stone blend;
5. There shall be a clearance of 30 feet at the end of the
access road for turnarounds; and
6. This right-of-way shall be maintained at all times in
good, satisfactory condition;
7. All of these conditions be met prior to the issuance
of any building permit for any lot abutting and requiring legal
access over this right-of-way, or June 1, 1988, whichever shall be
first, or this variance shall be deemed void in its entirety, and
additional application and updated reviews will be necessary
automatically~
8. That the grant of this variance does not become effective
until all of the conditions set forth herein have been complied with
and accepted by the town in writing and after written request for
a final inspection and acceptance;
9. That the Zoning Board of Appeals may make any reasonable
exception as in its judgment it deems appropriate under the circum-
stances concerning the improvements of this right-of-way.
10. Extension of this right-of-way to lot(s) at the southerly
end [past the parcel in question] shall also be subject to the same
improvement requirements prior to the issuance of any building per-
mit, or June 1, 1988, (for lots 1000-78-5-10 or 16), as well as
widening of the last 30 feet of this right-of-way for turning of
emergency vehicles;
ll. This 280-A approval with conditions shall include all
lots abutting and requiring access over this right-of-way.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
Southold Town Board of Appeals -l ~ June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3357:
Application for DR. JAY P. AND M. SLOTKIN, by A. Wickham, Esq.,
Main Roads Mattituck, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-30, and as required by ZBA Appeal #2932
for permission to construct addition to existing professional office
known as 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY;
County Tax Map Parcel No. 1000-70-05-004.
Following deliberations, the board made the following findings
and determination:
WHEREAS, a public hearing was held and concluded on June 13, 1985~
in the Matter of the Application of DR. JAY P. AND M. SLOTKIN, at
which time no objections were received for the record; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter~ and
WHEREAS, the board members are familiar with the property, its
use and the area in question; and
WHEREAS, the board made the following findings of fact:
1. By this application, applicants seek permission to construct
an addition to their present office of a size 15'6" wide x 47½ feet
deep in order to expand the waiting and office/record room, and add
examination rooms, as required by Appeal No. 2932, conditional use
variance granted on April 14, 1982 by this board.
2. The premises in question is located on the north side of
State Route 25 and the east side of Ackerly Pond Road, Southold,
comprises approximately .59 of an acre, and is designed on the
Suffolk County Tax Maps as District 1000, Section 70, Block 5, Lot
4.
3. The property is improved with a 1½-story wood frame building
and accessory garage.
In considering this application, the board agrees that the
addition as p~oposed: (1) will not substantially change the char-
acter of the district; (2) will not be adverse to adjoining
properties; (3) will not impinge on sideyard restrictions;
(4) will not affect the parking areas; (5) will observe the
spirit of the zoning ordinance; (6) will promote public safety,
welfare and substantial justice will be done.
Accordingly, on motion by Mr. Grigonis, seconded by
Southold Town Board of Appeals -16- June 13, 1985 Regular Meeting
(Appeal No. 3357 DR. JAY P. AND M. SLOTKIN, continued:)
Mr. Sawicki, it was
RESOLVED, to grant the relief requested under Appeal No. 3357
for a proposed addition of 15½ ft. x 47½ ft. in the Matter of the
Application of DR. JAY P. AND M. SLOTKIN, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Conditions (a), (b), (d), (e), (f)~ (g) of Appeal No. 2932
incorporated herein;
2. There shall be a minimum of eighteen (18) parking spaces
which shall be in compliance with Section 100-112(C) of the Zoning
Code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of alt the members.
PENDING DECISION: Appeal No. 3336:
Application for ANN SABA (by P. Sujeski), 1000 Stillwater Avenue,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section lO0-31, Bulk Schedule, for approval of insufficient area and
width of lots in this proposed two-lot division located at the South
(westerly) Side of Stillwater Avenue, Cutchogue, NY; County Tax Map
District 1000, Section 103, Block 07, Lot 007.
Following deliberations, the board made the following findings
and determination:
WHEREAS, a public hearing was held and concluded on May 2, 1985,
in the Matter of the Application of ANN SABA, Appeal No. 3336, at
which no objections were received for the record; and
WHEREAS, the board has considered all testimony and documentation
in the record concerning this application, including a recommendation
from the Southold Town Planning Board dated March 18, 1985, that this
board approve this application since it conforms with the surrounding
area; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the south(west) side
of Stillwater Avenue, Cutchogue, NY with a total acreage of 1.274
Southold Town Board of Appeals 1,7- June 13, 1985 Regular Meeting
(Appeal No. 3336 - AN~ ~A-B-A,--continued-:)
acres and 339.52 frontage along Stillwater Avenue and is located in
an "A-Residential and Agric.ultural" Zoning District;
2. By this application, appellant proposes a division of the
1.274 acres into two lots (set-off division, 106-13) as shown on
map prepared by Roderick VanTuyl, P.C. December 20, 1984, and as
follows: (a) Lot #1 to be set off with 28,098 sq. ft. in area
and 160.0 ft. lot frontage and is vacant; (b) Lot #2 with an
existing single-family dwelling set back 83' from its front property
line and 35' from its south side line, with 27,397 sq. ft. in area
and 179.52 ft. lot frontage;
3. Article III, Section 100-31, Bulk Schedule of the Zoning
Code requires a minimum of 80,000 sq. ft. in area, 175 ft. lot
frontage (width), for each newly created parcel of land.
4. In viewing the character of the neighborhood, most of the
neighboring lots of a similar size or smaller than that proposed
by this application, and therefore lends itself to the granting of
this application.
In considering this application, the board determines that
the application as applied be denied for the following reasons:
(1) the board of appeals is without authority to grant this area
variance in the absence of proof of practiCal difficulties or
significant economic injury; (2) the water table in this
area is fragile and such a division of land with lots of less
than 40,000 sq. ft. in area will require reviews and approval
under Article VI, "Realty Subdivisions and Developments" by the
Suffolk County Department of Health Services; (3) in view of
the manner in which the difficulty arose and in considering all
of the above, the interests of justice would be served by denying
the variance as applied.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, that Appeal No. 3336 in the Matter of the Application
of ANN SABA for approval of insufficient area and width of lots in
this proposed set-off division of land, BE AND HEREBY IS DENIED
WITHOUT PREJUDICE to reapply after receiving Suffolk County Depart-
ment of Health Article VI approval.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Southold Town Board of Appeals -~8- June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No~ 3345:
Application of BRUCE M.' VITALE, 622 Oak Street, Copiague, NY 11726,
for a Variance to the Zoning Ordinance, Article VI, Section 100-60~ for
permission to operate a carpenter shop within existing building in this
B-Light Business Zoning District. Property Location: South Side of
Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 121,
Block 5, Lot 2.
The board made the following findings of fact and determination:
WHEREAS, a public he~ring was held and concluded on May 2~ 1985,
in the Matter of the Application for BRUCE MZ'~ITALE, under Appeal
No. 3345~ at which no objections were received for the record; and
WHEREAS, the board has considered all testimony and documentation
in the record concerning this application; and
WHEREAS, the board members have inspected the premises in question
and are familiar with this and the surrounding properties in the area;
and
WHEREAS, the board made the following findings of fact:
1. The property in question-isrlocated at t~ s~u~h side of
Sound Avenue (Middle_Road~, Mattitu~k~ NY, contains a total area of
8.427 acres with a width at the building setback line of 242± feet
and frontage along Sound Avenue of 100 feet, and is located in a
"B-Light" Business Zoning District;
2. By this application, appellant requests permission to
operate a carpenter shop in an existing 60.3' wide by 160.2 feet
deep building, set back 12.6 feet at its nearest point from the
easterly side property line and ll.1 feet at its nearest point
from the northerly property line (a distance 336 feet south of
Sound Avenue).
3. Article VI, Section 100-60 does not list a carpenter
shop as one of the permitted uses in the "B-Light" Business
Zoning District, but does permit same in a "B-I" General Business
Zoning District in accordance with Articles VII and XIII.
4. On June 13, 1985, the requested floor plan of the exist-
ing building in which the carpentry shop is proposed was submitted
for consideration. There are presently eight bays, three of
which are proposed at the present time for the carpentry shop, having
a total area of 60' by 60', and then one for a garage repair shop, and
four bays for rentals as may be permitted by Article VI.
In considering this appeal, the board determines that the
Southold Town Board of Appeals -%9- June 13, 1985 Regular Meeting
(Appeal No. 3345 - VITALE, continued:)
relief requested will not alter the essential character of the
neighborhood and will be within the interests of justice, as
noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Messrs. Grigoni~ and Sawicki, it was
RESOLVED, that relief be GRANTED AS CONDITIONALLY NOTED
BELOW concerning the Matter of the App~icatiQn of BRUCE VITALE
Under Appeal No. 3345:
1. The carpent'ry-shop use as requested 6e limited to a
maximum of four_b~ys (20' ~ide x 4) ~.the Southerly end of
the existing building;
2. The uses of this parcel are limited to those uses as
are permitted by Article VI for this ~oning district (B-Light),
or as approved berein~
3. The parking and site plan as considered and approved
by the Southold Town Planning Board pursuant to the require-
ments of Article XIII of the zoning code.
Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis,
Doyen, Douglas~ and Sawicki. This resolution was adopted by unanimous
vote of all the members.
ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass,
seconded by Mr. Sawicki, it was
RESOLVED, to declare the following "Negative Declarations"
pursuant to Part 617 of the implementing regulations to Article 8
of the Environmental Q~ality Review Act.of the Environmental
Conservation Law and Local Law #44 of the Town of Southold, to wit:
(continued on page 22)
Southold Town Board of Appeals-20-Jun.e 13,. 1985 Meeting
(Env.ironmental Declarations, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3366
PROJECT NAME: Joseph Lestingi
This notice is issued-pursgant 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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: permi~ssi-0n to ]0cate gara§e in fr0ntyard
area as revised,
LOCATION OF PROJECT: Town ~f Southotd, County of Suffolk, more
particularly known as: 1150 Sound Drive, Greenp0r~ N~
REASON(S) SUPPORTING TIIIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The proper'ty in question is at an elevation of 10 or more feet
above mean-sea leve]~
(3) This is a setback variance for proposed construction which is
landward of exisitng construction. ..
Southold Town Board of Appeals -21- JUne I3, 1985
(Environmental Declara'tions, continued:)
S.E.Q.R.A.
NEGATI~-E ENVIRONMENTAL DECLAR3kTION
Notice of Determination of Non-Significance
APPEAL NO.: 3352
PROJECT NAME: Genevieve Richards
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X~ Unlisted [ ]
DESCRIPTION OF ACTION: Special-Exception Usage for business
zone to be used as industrial
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: Main Road, Greenp0rt, NY
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The proposed building for which this use is intended wo~ld
be landward or near existing buildings
Southold Town Board of Appeals -22- June 13, 1985
(Environmental Declara%ions, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRON~[ENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: ~353 .
PROJECT NAME:~enevleve Richards ....
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a ~determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [×] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to change usage from zone 8 t0
C zoning
LOCATION OF PROJECT: Town of Southold, C~nty of. Suffolk, more
particularly known as: Main Road Greenp0rt,
REASON(S) SUPPORTING TIIIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The proposed building for which this use is intended would
be landward or near existing buildings.
Southold Town Board of Appeals -25- June 13, 1985
(Envir~onmental Declarations, continued:)
S.E.QoR.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3356
PROJECT NAME:
Gregory Simonelli
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southoldo
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department .or agency
~lich may also have an application pending for the same or simil&r
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Bulk Schedule for approval of insufficient
lot area and lot width of two parcels in this three-lot subdivision
located
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: South side of Grand Ave. Matt. 107-02-04
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment~are likely to occur should this project be imple-
mented as planned;
(2) This is a lot-line variance not directly related 'to new
construction by this application
Southold Town Board of Appeals -24- June 13, 1985 Regular Meeting
(Environmental Declara%ions, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3360
PROJECT NAME:Margaret Wagner
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment, for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to build deck addition with
reduction from the edge of Corey Creek and reductions inffront
and side yard setbacks.
LOCATION OF PROJECT: Town of Southold County of~Suffolk more
particularly known as: 2600 Private Road ~5 Southold, NY '
1000-087-06-004
REASON(S) SUPPORTING TIIIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction as proposed is ~andward of an existing bulkhead
or similar type of barrier.
Southold Town Board of Appeals -25- June 13~ 1985
:(Environmental Declarations, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
3365
APPEAL NO.:
PROJECT NAME:Howard Hoey
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.
This board determines the within project not to have a slgnifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department ~or agency
~ich may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ]
Set off lot with dwelling with insufficient
DESCRIPTION OF ACTION:
width and area~
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Main Rdo Orient, NY
REASON(S) SUPPORTING THIS DETERMINATION:
(!) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
This is a lot-'line variance not directly related '~o new
(2'construction% by this application.
Southold Town Board of Appeals -26- June 13, 1985 Regular Meeting
(Environmental Declarations, continued:)
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLAP~TION
Notice of Determination of Non-Significance
APPEAL NO.: 3363
PROJECT NAME: MARION AND'JOHN KING
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.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similhr
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to enc]0se screen porch and
use as a real estate office in addition to one-family dwelling use.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Main Road, S0uth0]d, NY; 1000-71-01-003.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted wi~ich indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet of
tidal wetlands or other critical environmental area.
Southold Town Board of Appeals -27- June 13, 1985
(Environmental Declarations, 'continued:)
S.E.Q.R.A.
NEGATI~-E ENVIRONSIENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3369
PROJECT NAME: Jean Harf0rd
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 Southo!d.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Variance to construct second garage
with insufficent sideyard.
LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more
particularly known as: Main Bayview Rd. S0uth0]d,. NY
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this pro]ect be imple-
mented as planned;
(2) Ihis Ns a setba.ck variance for proposed construction which
is landward of existing construction.
Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
Southold Town Board of Appeals -28- June 13, 1985 Regular Meeting
PUBLIC HEARINGS FOR JUNE 27, 1985:
On motion'by'Mr. Goeh~nger~ seconded by Mr. Douglass, it was
RESOLVED, that the following applications be and hereby are
scheduled to be held for public hearings at the next Regular Meeting
of this Board, to wit: THURSDAY, JUNE 27, 1985, to be held at the
Southold Town Hall, and be it further
RESOLVED, that the Secretary is hereby authorized and directed
to advertise notice of same pursuant to law tn the local and official
newspapers of the town, to wit: 'S~ffOl. k Times, Inc. and Long Island
Traveler-Watchman, Inc.:
7:'30 p.m. JOSEPH AND ARLENE LESTINGI. Variance to relocate
garage in frontyard area. 1.150 Sound Drive, Greenport.
7:35 p.m. GENEVIEVE RICHARDS. Variance to use proposed building
in this "B,Ligbt" Business District for heavy-equip-
ment storage. 64155 Main Road, Greenport.
7:40 p.m. GENEVIEVE RICHARDS. Special Exception to use proposed
building fo~ heavy-equipment storage as permitted in
a "~Li. ght" Industrial Zoning District.
7_:.~5.~.m~ ..... GREGORY SIMONELLI. Variance for approval of insuffi-
_~i~t ~rea and width Of two parcels in this proposed
three-lot division. S/s Grand Avenue, Mattituck.
7:50 p.m. MARGARET WAGNER. Variance to build deck addition
~it~ reduction from edge of Corey Creek and reduc-
tions in front and side yard setbacks. 2500 Taka-
posha Road, Southold.
7:55 p.m. HOWARD HOEY. Variance for approval of insufficient
area and width. S/s Main Road, Orient.
8:00 p.m. MARION'R. AND JOHN M. KING. Variance for permission
to enclose existing porch and use as a real-estate
office..in conjunction with existing single-family
residence. 51155 Hain Road, Southold.
8:05 p.m. JEAN HARFORD. Variance to construct second attached
.garage with insufficient sideyard setback at North
Side of Takap6sha Road, Southoid.
Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
Southold Town Board of Appeals -29- June 13, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3320 - BAYVIEW DEVELOPMENT CORP.
(Sage Boulevard, Greenport.) Since the c6~clusio~ of the hearing
on May 2, 1985~ referral was made to the Suffolk County Planning
Commission as required by Section 1323, et seq. of the Suffolk
County Charter. On June 6, 1985, communications was returned
requesting additional information. The Secretary was authorized
and directed to send a copy of same to the~ applicant's attorney
requesting that these documents be furnished and asking them To
confer with the ~ounty~ ~lann~'ng Office directly as to the exact
particulars on the sketches t~t -~?~are requi?ed, '
PENDING APPLICATION: ~ppea! No. 3359 - THOMAS YASSO. Discussion
was held c~ncer~ing'the adverse ~raffic and pa~king situation in the
area of this matter at the South Side of Main Road (Wil!iston Beverage),
Mattituck. The board members agreed that the building inspector
be requested to investigate this problem as well as possible viola-
tions brought to the board's attention during this hearing. The
Chairman:said he will advise Vi~cto~ Less&rd'2~morrow since he was
not present at the meeting. Motion was made by Mr~ Goehringer,
seconded by Mr. Grigonis, acknowleding this request, This resolu-
tion was unanimously adopted.
PENDING APPLICATION: Appeal No. 3338 - HOWARD L. YOUNG. Public
heari~ was.bel~ May 2~ 1985 and earlier this evening. No decision
was rendered o~ deliberations made. Additional i~nspections were
necessary by the board members concerning the change in the location
of the right-of-way and the concerns of the abutting property
owner, the Youngso
PENDING APPLICATION: Appeal No. 3358 GEORGE AND ALICE GLOGG.
To da~e, no response has been received from the applicants as to
the May 13, 1985 and June 11, 1985 Z.B.A, correspondence. In
reviewing the file, the following action was taken:
On motion by Mr. Douglass, seconded by MY-. Sa~ic~i, it was
RESOLVED~ that a memorandum be sent to the Building Inspector
requesting ~e basis of his determination as to the percentages
for this existing and~the proposed construction.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
Southold Town Board of Appeals -30~- June 13, 1985 Regular Meeting
PENDING APPLICATION file~ June 7, 1§$5: RUTH 80HN, Appeal ~3373.
In reviewing the subject application for a Variance for approval of
insufficient area and width of two parcels at East (Eugene's) Creek,
Cutchogue, the following action was taken:
On motion by Mr. Goehringer~ seconded by Mr. Gri§onis, it was
RESOLVED, that the application in the matter of RUTH BOHN be
te~porari!y held in abeyanc~ pending receipt of the following
documents Qr receipt of comments/approval/i~put as'noted below:
l~ N.Y.S. Department of Environmental Conservation pursuant
to Section 661.6(a~)(b) of the Tidal Wetlands Land Use Regulations,
6NYCRR, Par't 661, and Article 25 of the EnvirQnmental Conservation
Law;
2. Suffolk County Department of Health Services, Article VI
approval;
3. Comments or input from the Southold Town Planning Board
pursuant to Chapter 106 of the Code of the Town of Southold on
this proposed d~vi~ion of land.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
NEW APPLICATION: Appeal No. 3372 - COMMUNIZ¥ CHRISTIAN
FELLOWSHIP filed'May 31, 1~985. The board reviewed this recently
filed application~ and agmeed~that no additional information was
needed, except field inspections, and that this matter could be
placed on the mid-July calendar for public hearing.
OTHER: Appeal No. 2929 SAL CAIOLA. The subject application
was filed on N~ember 19, 1981 which ~olves a piece of property
not owned by th~ applicant and a portion of the applicant's
property. On November 27, 1981, a letter was forwarded to the
applicant indicating that sinc~ the applica~ did ~ot naYe the
authori'ty to include land for which he did not have an interest,
that th6 matter would be held in abeyance pending further
notification. The board authorized the secretary to send a
letter to the applicant asking the status of this matter.
There being no other business properly coming before the board
Southold Town Board of Appeals =31- June 13, 1985 Regular Meeting
at this time, the Chairman declared the meeting adjourned. The
meeting was adjourned at 9:30 p.m.
Respectfully submitted,
L~NDA.F. KOWALSKI, Secretary
Southold Town Board of Appeals
A~roved - Gerald P. G~hringer
July 18, 1985
i~ECEIVED AND FILE~
~. sou~o~o Tow?~
DA~ ~/!~/~ ~o~
To~ Clerk, Town of 8ou~old
TRANSCRIPTION OF HEARINGS
Southold Town Board of Appeals
REGULAR MEETING
Thursday, June 13, 1985
~3341
At 7:35 p.m. a Public Hearing was held in the matter of
HELEN CONWAY for approval of insufficient lot area, width and
depth of proposed parcel to be set off, southside Chestnut
Road, Southold, New York. Hearing recessed from May 23, 1985.
MR. CHAIRMAN: Mr. Bruer, would you like to be heard?
R. BRUER: Mr. Chairman, thank you. Members of the Board.
On behalf of Mrs. Conway, we would request that the Board grant
the application, which is a division of a large piece of property
into two. Basically, what we have here zs a piece of property
that was zn single and separate ownership and gone into technical
merger. The remaining piece is well over 6 acres and Mrs. Conway's
intent ±s to take the original pzece, which was in single and separate
and add a little triangular piece, setting it off into a rectangl~
and selling it to a young couple, by the name of Park, for a price
well under marker, I think at this time. The purpose is to allow
these people, who are friends of hers and family, hopefully for
the purposes of building affordable housing. The hardship is there
because the Parks will not be able to buy the property if this
application is not granted. The property in the area is either
of the same size, I am talking about on Chestnut Road, or smaller.
Particularly, the property to the west or east, to the east.
So, that is bascicatly the thrust of the application. There is
definitely a hardship here, and we would respectfully request that
that the Board grant the application. If you have any questions,
please ask.
MR. CHAIRMAN: Yes, I do. Is the property as it is presently
merged, merged as a 6 acre parcel?
R. BRUER: That is my understanding. Both pieces are owned by
Helen Conway and it is is not an accepted lot on an accepted sub-
division. I would like to point out to the Board that the Health
Department has, and I believe it is in your file, okayed this and
has no problems with it. There is a letter frOm the Southold
Planning Board of April 17th, though it does not exactly say it,
I read it to say that it approves the division. It does not say
anything negative about it. Just what I just said.
MR. CHAIRMAN: SO, basically, we are talking about a readjustment of
the lot line on that little triangular piece?
MR. BRUER: Yes. As far as I know, she no intention at this par-
ticular time or in the future of dividing the rest of it. It is
to create a lot for this particular couple to be able to build.
ZBA
6/13/83
Page 2.
HELEN CONWAY HEARING - Continued
MR. CHAIRMAN: It was taken by deed separately at some time?
MR. BRUER: I believe the BOard has copies of that.
MR. CHAIRMAN: I do have it, yes. I am just refreshing my
memory here. Okay, I thank you very much. Is there anybody
else who would like to be heard on behalf of this application?
Anybody against the application? Questions from Board Members?
Hearing no further questions, I make a moting closing the hearing
reserving decision until later.
#3347 - At 745 p.m. a Public Hearing was held in the matter of
ALICE SZALA for a variance for approval of access on Williamsburg
rive, southside Main Bayview Road, Southold, New York, Suffolk
County Tax Map %1000-7-8-5-17. Chairman read legal notice and ap-
peal application for the record.
~R. SZALA-
± am nere'to represent the person who put the application in.
I do not know anything about it.
MR. CHAIRMAN: We have an evaluation from the Town Engineer
as to what the road would need to be enhanced to meet the 280 A
status, Which is approved access for emergency vehicles. I don't
have an extra copy of it. If you would like to look at it. I
can hold off for a couple of moments and go on to the next hearing
and get back to this. Would that be all right?
MR. SZALA: Sure. What am I supposed to look at here anyhow?
MR. CHAIRMAN: This is what our Town Engineer ...
MR. SZALA: You mean for the roads, improvements to the road.
MR. CHAIRMAN: So if you would like to comment on this, as I said,
I can recess this hearing for a little while. So you are not really
representing the agent, either?
.MR. SZALA: No, all I was told was to pic~ up a paper.
MR. CHAIRMAN: When the Town Engineer looked at the property, he had
evaluated the right of way based upon present conditions and that's
what he felt should be the improvements. Is there anybody who would
like to speak against this application? Thank you smr. Hearing no
further comments, I make a motion closing the hearing, reserving
decision until later.
ZBA
6/13/85
Page 3.
#3357 - At 7:50 p.m. a Public Hearing was held in the matter of
DR. JAY P. and JOANNE SLOTKIN for a variance to construct an
~~n'~-~existing profess----~onal office 49725 Main Road,
Southold, Suffolk County Tax Map 1000-70~5-4. Chairman read
legal notice and apPeal application for the record.
A. WICKHAM: Good evening. I am representing the applicants,
Dr. Slotkin and Mrs. Slotkin. Fortunately, the practice is doing
well. There are. 2 doctors in the building now and it is a very small
building. They did extensive renovations from the single family
house that was there. They would like to add a third doctor and
just have more room for' themselves at the present time. Drs Slotkin
and Simon are her~'tonight. If you have any questions and I think
the rest of the application speaks for itself in terms of the reasons.
MR. CHAIRMAN: Could you just tell me approximately the size of the
addition? I don't have those 'figures on here.
A. WICKHAM: Yes, I can. The addition is approximately 50% of the
size of the existing first floor and it would be 15 x 46.
MR. CHAIRMAN: Thank you very much. That is a one story condition?
A. WICKHAM: One story.
MR. CHAIRMAN: Okay. Thank you very much. Is there anybody else
who would like to speak on behalf of this application?
MR. STOUTENBURGH: They have become very good neighbors and I opposed
what they wanted to do before, because I own the property directly
to the west. But, they did a very nice job.
MR. CHAIRMAN: Thank you very much. Anybody else on behalf?
Against'the application? Questions from Board Members? For the
record, we have been back down to the property and we concur with
Mr. Stoutenburgh. It is very rarely that we have doctors back in
such a short period of time. I think you uplifted the-entire area.
MR. STOUTENBURGH: I think the TOwn has helped out as well by solving
some of those drainage problems in that area. It allows them to do
a better job.
MR. CHAIRMAN: I haste to ask this proverbial question, but I will ask
it anyway. At the time that we had ~iscussed your application, when
we were talking about a bluestone parking lot, which you have since
put in, the addition would not change that type of parking, would it?
DR. SLOTKIN: It will be the same type of parking lot, but we will
increase the number of spaces.
MR. CHAIRMAN: There was some-question about water runoff and drainage.
Hearing no further questions, I make a motion closing the hearing,
reserving decision until later.
ZB~
6/13/85
Page 4.
#3254 - At 7:55 p.m. a Public Hearing was held in the matter of
EUGENE'DAVISON_ for a variance' to approve insufficient area and
width in proposed division of land. 4300 Sound Avenue, Mattituck,
New York. Suffolk County Tax Map ~1000~121-3-5. Chairman read
legal notiCe and appeal application for ~the record. 'Chairman also
read letter amending original application.
E. DAVISON: I think you have explained it well as can be~ The
entire property is 12.5 acres and it contains 3 dwellings which
were pre-existing. Two of them, i~ is impossible to come up with
any more than 40,000 feet. They are actually two dwellings on two
acres, so we ask for the undersized lots, so that we could keep
the 9.5 acres as a horse farm, that's wh.at we have horses and we
teach riding and I believe in the file there is a, I have a covenant
that the 9.5 acres will not be subdivided again. So basically you
could say there are 4 buildings and 4 lots are an average of over
3 acres each. I think I am wei1 over the 2 acre zoning that I am
in.
MR. CHAIRMAN: Since the large stable becomes almost the principal
building, when we. grant this application, if we do grant this, I
was .just wondering what the length of that building is? Do you
have any idea?
E. DAVISON: Okay, it is some 30' wide and 200' long. It used to
be a chicken house. It is probably the biggest chicken house on the
east coast. That won't be the principal building. I do plan to build
a house on that acreage when this is all squared away. I don't know
if there is any other question.
MR. CHAIRMAN: I think that takes care of it.
the existing shed?
Do you intend to demolisl
E. DAVISON: It is pretty well demolished as it is.
MR. CHAIRMAN: Thank you very much. Anybody else like to speak on
behalf of this application? Against the application? Questions
from Board Members? I make a motion closing the hearing, reserving
decision until later.
ZBA
6/13/85
Page 5.
~3359 - At 8:00 p.m. a Public Hearing was held in the matter of
THOMAS YASSO fo~ a variance for excessive lot coverage limited
~-~189, sOuthside Main Road, Mattituck, New York. Suffolk
County Tax Map #1000-'122-3-5. (Williston Beverage). Chairman
read legal notice and appeal application in their entirety for
the record.
MR. STOUTENBURGH: Yes. Thank you. When I was asked about a
year agog.where we could come up with some additional storage
space,, refrigerated storage space. The Other problem they were
having at the same time was because of the bottle bill and they
have condensed themselves down to such a small area right now,
there is an awful lot of bulk involving storage containers. It
cut off a lot of internal space that just was not there to begin
with. So we picked out this small area which was once a delivery
bay, maybe 1'5 years ago or so before this variance was granted.
We hoped that that might allow them to continue with their business
as it had been. We are not looking for any great expansion; just
to be able to deal with the tremendous amount of bulk .storage of
cans and bott'les and stuff.
MR. CHAIRMAN:
x 15'4".
I overlooked the size of the addition, it is 5'11"
MR. STOUTENBURGH: Yes, that is on one end. It follows the setback
from the adjacent property. There was an area where they used to
deliver to before they pu.t the previous addition on. It is not
really usable for parking.
MR. CHAIRMAN: This will be one story?
MR. STOUTENBURGH: Yes, identical to the refriger.ation units there.
MR. CHAIRMAN: I see. I thank you very much. Is there anybody else
who would like to speak on behalf of the application? Against the
application?
MRS. HARRIS: I am Clara Harris, I am executrix of the estate of
Hedrick candor. I would like to submit a letter from my attorney.
Due to anot'her commitment, he could not be here tonight. I would
like to read this letter and have it submitted as part of the
record.
"Regarding application of Thomas Yasso by Environmental
East, 1000-122-03~005. Gentlemen: Please be advised that
I represent the estate of Hedr±ck Candor Kind~r, owner of
premises to the east of the subject property and submit this
letter in opposition to application of Thomas Yasso by Environ-
mental East to add an addition to the existing building. This
application has already, this applicant has already made an
application to the ZBA to construct an addition back in March
of 1975, #2029. The ZBA, in its decision, dated 5/22/75,
granted the variance and specifically made such approval subject
ZBA
6/13/85
Page 6.
THOMAS YASSO HEARING - Continued
MRS. HARRIS -'continued:
to the condition that the applicant shall be limited to
a.64" x 30" addition, is respectfully submitted that
since the applicant rais(~d no objection to the Board's
condition and never file(
that the Board's conditi(
or altered. As I am sur~
there is a serious traff~
building and any further
of the existing building
already extremely diff'ic~
There is no basis on whi~
and nothing new has been
the decision of 5/22/75
To the contrary, the tra~
worse since 1975 to incr(
operation of this busine~
would not be in the best
or surrOunding propertie:
public ~.welfare and safe~
Accordingly, I urge the
to increase the size of
decision of 5/22/75, #20
As my attorney points out, thei
existed in 1975 have practical]
a notice of appeal from same,
this date should not be changed
that the Board is well aware,
control problem with existing
construction increasing the size
would only further aggravate an
[lt and dangerous situation.
h the Board should change its mind
shown by the applicant as to why
hould at this late date, be modified.
fic control problem has only become
~ase the size of the building and
s on suCh a small parcel of property
interests of the Town of Southold
and would adversely affect the
.y of the community.
oard to deny the applicant permission
.he building and to abide by its
9. Yours truly, Gary Flanner Olsen."
e are traffic control problems that
y doubled in 1985. Accidents are
numerous. Parking is limited.! The large tractor-trailers that
park along the roadside blocking most of the parking area that exists
for others . The estate feels~that the new addition that Mr. Yasso
is applying for will be' a hard~hip to us as we are actively trying
to sell our property and furthermore, for the record, Mr. Yasso is
conducting his businesS illegally to the east of our property.
He has erected a large storage building without a permit. This
is used to store bottles, cans,
when prospective buyers see th~
"We will let you know." We ha~
of the ZBA to remedy this viola
taken. Why not? Your rejecti¢
Thomas Yasso is strongly recomu
MR. CHAIRMAN: That is the juri
Thank you very much. Anybody
MR. STOUTENBURGH: My only com~
that is created due to somethin
the bottle bill has come into e
paper cartons, etc. It seems that
s illegal eyesore, the answer is
e been in contact with officials
tion, but there has been no action
n of the application filed by
ended.
sdiction of the Building Department.
lse. We are not an enforcing agency.
ent is dealing .with th~ hardship
g that since my client's application
ffect and it has touched almost
every beverage place. They have to comply ~ith the law and have
been forced into doing that. I think for all of our betterment
it should be approved. That is the reason we are asking the Board
to grant this minor consideration.
ZBA
6/13/85
Page 7
THOMAS YASSO HEARING - Continued
MRS, HARRIS: You are asking for a refrigeration area. That
has
nothing to do with the bottle bill.
MR. STOUTENBURGH: They have already had to comply with
that. They had to come up with that when the bill passed.
They have already done that internally. It takes up a
rather large area of the building, which previously had not
been used for returns.
MRS. HARRIS: What we are worried about is the congestion.
They have us so wedged in there. Mr. Yasso has spread his
whole business on both sides of our property and it is a
terrible eyesore. If you have gone down there and looked
at it, you can see. There are bugs, rodents, not to
mention the traffic jams. If he has any other expansion,
what is to prevent him from going further and adding on
again?
MR. STOUTENBURGH: My only comment to that is that he has
been forced into some sort of expansion that has been
absorbed internally. He did not ask for the Bottle bill.
He did not ask to have this additional burden.
MRS. HARRIS: Neither did all the other stores, and they had
to take care of it very quickly and neatly. There is a
terrible mess there.
MR. CHAIRMAN: .We are running into a problem with respect
to taking these comments down. We have to know your name
and you should be addressing the Board. I have allowed it
to go since it was pretty much a give and take but you have
to give me your name before you say anything else.
R. WOWACK: My name is Rita Wowack. I am the daughter of
Hedrick Kinder. I want to say that there is such a traffic
jam down there. Tractor Trailer trucks parked in front of
my driveway. There are big , large bags full of cans and
we have had people interested in my mothers property, but
they take a look at this and it turns them off. It is
ZBA
6/13/~85
Page 8.
~3361 - At 8:10 p.'m. a Public Hearing was held in the matter of
JEAN HOLLAND for a variance to approve insufficient lot area and
~t~-~ aprcels Lowland Road, Meadow Beach Land and Sunset
Road, Nassau Point, Suffolk County Tax Map ~lO00-
RecesSed from 5/23/85.
MR. HALL: I got the surveys from Van Tuyl today. I have five of
each. I was not planning to address the Board tonight. I just
wanted to give the maps to the Board and just reiterate that the
new lot created is 40,000 sq. ft. Mrs. Holland's remainin9 parcel
is approximately 56,000 sq. ft. and the lower parcel a total of
about 16,000 sq.ft.
I would just like to reiterate that the total parcel and the 2
remaining parcels are significalntly greater than the immediately
adjoining community. If you have any questions or comments.
MR. CHAIRMAN: The only difference I see, Mike, on this one is that
you are asking for the lot line to be closer than originally.
Is that correct?
MR. HALL: Well; my map last week was my own doing, and it was an
approximation. What I asked Van TUyl to do is make sure that the
newly created lot is 40,000 sq. ft. I realize there is a setback
problem, but I did mention last week that we would covenant, or if
the Board would want a condition that any new construction would
take place east of the rear line of the existing dwelling, so that
it would be uphill and away from the water.
MR. CHAIRMAN: Now, in other words, when it say lot #328,38,160,
that is basically where the old line is drawn trhough the house?
MR. HALL: Correct.
MR. CHAIRMAN: So the new lot is approximately, exactly 40~,000 sq. ft?
MR. HALL: Exactly. The remaining new lot is 55,660.
the number over there on the left.
You will see
MR. CHAIRMAN: I thank you. I just wanted to know why you chose
not to cut the line directly through the remaining lots of 36, 37
or just lot number 36.
MR. HALL: I spoke with my client about that..and she wanted to leave
that parcel Out altogether although the covenant will be filed, or it
has been filed, I don't recall, that it will remain forever wild,
except for perhaps bulkheading or docks.
ZBA
6/13/85
Page 9.
JEAN HOLLAND HEARING - Continued
MR. CHAIRMAN: For the recOrd, I have to ask this question.
Would you be granting a right of way over that to this particular
lot to gain access to the water?
MR. HALL: There is a filed right of way. The road that is
sited down there is Meadow Beach Lane is a right of way.
MR. CHAIRMAN: The only problem that we see right now, Mike, is
the problem wit'h the 4' from the existing house, as an incorrect
advertising 'and we would have to bounce that off the town attorney.
MR. HALL: Okay.
MR. CHAIRMAN:
of 17'
It was not applied for originally.
We had a minimum
MR. HALL I understand that. We were trying to keep it at that,
but this is what Van Tuyl came up with and I just got this this
morning.
MR: CHAIRMAN: I think it was t4' in the last one. So what we will
do is conclude the hearing at this time and then check with the
town attorney along with the Building Inspector. So, you will have
to give us a call in a few days and we will let you know how it is
going. If that is the case, then we will have to go back and re-
advertise the application for that particular reason. We will have
to turn it down without prejudice and you will have to reapply.
That is the worst possible situation. The other one is that
the town attorney does not have a copy of this new plan. I have no
objection to this. I don't know how the Board feels about it.
We Will see what happens. Anybody else like to speak on behalf?
Mr. Holland.
MR. LONGNECKER: No, Mr. Lo~ngnecker. I am an ad'jacent property
owner. Mrs. Holland had requested Michael Hall to put a covenant
if this proPerty 'was divided into the d'eed that the property would
not be developed with any dwelling in view of the existing
dwelling. Now, if you go down there to see the contour of the
land, this lot has a hill that. is half the height of the existing
dwelling in the back part of the property. That would be where
any future building could be developed.
MR. CHAIRMAN: YOU mean to the rear of the house?
MR. LONGNECKER: Yes. There would not be any development along
this side of the house, if it was developed and there is no intention
for it to be developed, as I understand it. Thank you.
ZBA
6/13/85
Page 10.
JEAN HOLLAND HEARING - Continued
MR. CHAIRMAN: Is there anything that you would like to say,
Mrs. Holland? You sat through 3 meetings now and I thought you
might like to say something. I wouldn't try to slight you in any
way.
MRS. HOLLAND; Well, it is just like my husband said.
would be up the hill away from the house.
Any dwelling
MR. CHAIRMAN: That happens to be an extremely beautiful piece of
property. I can appreciate the covenant you are entertaining.
MR. HALL: The last' time I was here you asked me for a copy of the
DEC permit. I have the original with me. It is t'he only copy I
have. I will give it to Linda and she can make a copy for your
file and give it back to me.
MR. CHAIRMAN: Anybody against the application? Questions from
Board members? Hearing no further questions, I make a motion
closing the hearing reserving decision until later.
~3338 - At.8:-20 p.m. a Public Hearing was held in the matter of
HOWARD L. YOUNG for a variance to approve insUfficient area of lots
north side Main Road, Orient, New York. Recessed from 5/23/85.
MR. CHAIRMAN: There was some'question at the last hearing con-
cerning the right of way. Mrs. Young next door had mentioned
something about some trees that she would not like to see taken
down. Were we talking about repositioning that right of way
on Lot 2 or what?
MR. DE REEDER: What we have done on the-new plan is let the
right of way on the existing driveway serving what is located on
the map of the cottage in that place. It does leave a buffer of
a wooded area between the two properties. It certainly does cut mn
on the building envelope to ~2, but there would still be no problem
in conforming with the proper setbacks.
MR. CHAIRMAN: You are pretty much planning to leave the right of
way in its present location?
MR. DEREEDER: It is a compromise, but we are trying to keep as
many people happy as possible.
MR. CHAIRMAN: This is a speculative question. Do you know if the
Young's are still objecting to the repositioning?
MR. DEREEDER: I don;t know about the division. I know they are
pleased about the moving of the road. There is one tree in particular
with good reason. It is 'a very large tuliP tree that would have
been removed. To save that tree and the entire wooded area
ZBA
6/13/85
Page I 1 .
HOWARD L. YOUNG HEARING - Continued
MR. DEREEDER - Continued: so it will also make the access better
off the Main Road. The two driveways won"t be so close together.
MR. CHAIRMAN: I thank you. Anybody else on behalf of this
application? Against the application? Questions from board
members? Hearing no furt'her questions, I make a motion closing
the hearing until later. Thank you very much for coming in.
Meeting concluded at 8:25 p.m.
Respectfully submitted,
Ba'~bara A. Strang
Pp. 1-11
**These hecklings were transcribed from tapes recorded in
my presence.
RECEIVED AND FLLED BY
THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Sou~iold