The URL can be used to link to this page

Home My WebLink AboutZBA-12/12/1985 Southold Town Board of Appeals MAIN ROAD- STATE RF1AD 25 .~FIUTHFILD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M ! N U T E S REGULAR MEETING THURSDAY, DECEMBER 12, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, December 12, 1985 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki. Absent was: Serge Doyen of Fishers Island due to illness. There were approximately 17 persons at the beginning of the meeting. The Chairman opened the meeting at 7:30 p.m. and proceeded with Environmental Declarations on each matter for public hearings as follows: ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis~ it was RESOLVED, to declare the following Environmental Declarations which will have negative adverse effects to the environment for each project listed below and in accordance with Part 617 of the implementing.regulations pertaining to Article 8 of the N.Y.S. Environmental Quali~y Review Act of the Environmental Conservation Law, and Local_Law ~dopt~d July 25_, 1978, Chapter 44, of the Town of Southold~ Appeal No~ 3423 EDWARD BURTON (continued on page 2) Southold Town Board of Appeals -2- December 1£22, 1985 ~egular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3423 PROJECT NAME: Edward Burton This notice is issued pursuant'to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Qualit~ 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: permissiQn to ereCt-accessory building in sideyard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly"kngwn as: 12960 Main Road,_E~st Mar%on, AP/~i~000-31-14-1'0 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) Construction.as proposed .is landward Of ~n existin~ bulkhead or simila, r. type of barrier. [3; ~i~is is a setback variance for proposed construction which i-s landward' of existing construction Southold Town Board of Appeals -3- December ] 2, 1985 Regular Meeting S.E.Q NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3425 ?ROJECT NAME: Howard & Barbara Dillingham This notice ms 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 indJ. cated below. ~lease take further notice that this declaration should non 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: sideyard setback LOCATION OF PROJECT: Town of Southold, County of S~ffolk, more particularly kq0wn as: Lot ~9 Laurel Estates Aldrich Lane, Laurel,~f 1000-125-1-2~18 REASON(S) SUPPORTING THIS DETERMINATION: (I) 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 property in question is not located within 300 feet of tidal wetlands or otter critical environmental area. Southold Town Board of'Appeals -4- Regu~.~r Meeting December 12, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAILATION Notice of Determination of Non-Significance APPEAL NO.: #3438 PROJECT NA~LE: Paul and Mary Fleming This notice is issued p~suant to Part 617 of the i]nplementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of tile 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. ~lease 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 simi].~r project. TYPE OF ACTION: [ ] Type II ~X] Unlisted [ ] DESCRIPTION OF ACTION: for permission to erect wind tower exceeding 18' in height for the purposes of producing electricity LOCATION OF PROJECT: Town of Southold~ County of s~ffolk~ more particularly known as: 35675 ROute 25 0rient, NY #1000~19-2-10 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 ~mple- mented as planned; (2) Construction proposed is landward of existing buildings. (3) The property in question is not located within 300 feet of tidal wetlands or other critical wetlands. South.old Town Board 6f Appeal's -5- Regular Meeting December 12, 1985 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance Al, PEAL NO.: 34~1 ~ROJECT NAME~:'Gai] Dessimoz and Michael Racz by Douglas Peix This notice is issued pursuant to Part 617 of'the %mplementing 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_boar. d determines the within project not to have a s~gnifi- cant adverse effect on the environment for the reasons indicated below. ~lease take further notice that this declaration should no5 be considered a determination made for any other dcpartment or agency which maY also have an application pending for the same or similhr project. TYPE OF ACTION: [ ] Type Ii kX] Unlisted [ ] DESCRIPTION OF ACTION: a) permission to renovate and expand existing no~co~f~rmi~g cabin-ex, ceed~ng~50% value, and footageZb) permi~ssion to construct add~ion'"t6"6xis~i'n~"~n-~6~'f6f~i'ng'~'d~bih'w~thin 100i of bluff along Sound. ~LOCAT!ON OF PROJECT~ ~'own of ~outhold, County of S~ffolk, mor~ particularly known as: 4255 Private Road #10 Ha]}0ck Lane, Mat'titiuck,NY #1000-112-01~004 REASON(S) SUPPORTING THIS DETERI~INATION: (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 premises in question is at an e]evati0n of 10 or more feet above mean sea ]eve]. Southold Town Board of Appeals -6- December ]~: 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3402 PROJECT NAME: Emilia Pike This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Qualit~ 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 simil~ project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: permission to divide two lots ~esulting in insufficient to~!_area and width LOCATION OF PROJECT: Town of Southold~ Count~of Suffolk, m~re particularly known as: N/S MainRoad, Matt~tuck, _ 1000-140-3-26 REASON(S) SUPPORTING THIS DETERMINATION:~ (1) An Environmental Assessment in the short form has been s~mitted which indicates that no significant adverse effects to the environment are likely to occur Should this project be imple- mented as planned; (2) This ~ a lot-line variance not directly'related t6'new construct- ion. (3) The property in question is not located_, within 300 feet of tidal ~wetlands or other critical environmental area. Southold Town Board of Appeals -Z~ December 12, 1985 Regular Meeting NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3354 PROJECT NAME: LONG tSkAND 5HORS$ 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: [X] Type II [ ] Unlisted [~.] DESCRIPTION OF ACTION: Insuf~ficient 10t .area and width in this pending f0ur-]0t minor subdivision. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s C.R. 48, Greenp0rt, NY; ]000-40-]-20. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Envirorm]en~at 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; · ~) The ~property in question is-a~-e.~eva~i'on~ exceed.lng 10 feet above mean sea level, (3) Approval has been issued under Permit ~10-85-0517 by the N.Y'LS. Department of Envi'ronmental Conservation under the Tidal Wetlands Regulations, Southold Town Board of Appeals -8~ Decer~0er ]2, 1985 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONNLENTAL DECLARATION Notice of Determinatfon of N~'~n-Significancq APPEAL NO.: 3400 PROJECT NAME: James & Mary Tyler This notice is issued pursuant to Part 617 of thc 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. Thisboard determines the within project not to have a signifi- cant adverse effect on the envmronment for the reasons indicated below. Please take further notice that this declaration should non be considered a determination made for any other department or agency which may also have an application pending for the same or simi].~r i~roject. TYPE OF ACTION: [ ] Type II ~X] Unlisted [ ] DESCRIPTION OF ACTION:Special Exception for a public garage LOCATION OF PROJECT: Town of Southold, County of Saffolk, more particularly kqown as: Main Road, Laurel, NY ~1000-125-1-19.6 REASON(S) SUPPORTING THIS DETER~INATION: (i) 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 Special Exception (use) not directly related to new_construction. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and,,SaWicki. (Member Doyen was absent due to illness.) This resolution was unanimously adooted. Southold Town Board of Appeals -9.-. December 12, 1985 Regular Meeting (Environmental Declarations, continued:) On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Environmental Declaration determining the project noted below not to have an adverse effect on the environment for the reasons noted therein in accordance with 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 adopted July 25, 1978, Chapter 44, of the Town of Southold: APPEAL NO.: 3422 PROJECT NAME: Robert Celic This notice is issued pursuant to Part 617 if 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 of the Town of Southold. This board determines the within project will not have a significant adverse effect on the environment as noted-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: Unlisted. DESCRIPTION OF ACTION: Variance for ingress and egress within 50 feet of a street intersecti~n~ LOCATION OF PROJECT: Main Ro6d and Marlene Lane, Mattituck, NY; 1000-143-3-1. REASONS 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 use variance not directly related to new construction; (3) The property in question is not located within 300 feet of tidal wetlands or other specific critical environmental area. S~uthold Town Board of Appeals -10- December 12, 1985 Regular Meeting (Environmental Declarations, resolution, continued:) Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Members Goehringer and Doyen were absent.) This resolu- tion duly adopted. 7:35 p.m. Appeal No. 3423. Public Hearing was held in the Matter of EDWARD AND NORMA BURTON. Accessory building in sideyard. S/s Main Road, East Marion. The Chairman read the legal notice of hearing and appeal application for the record. Mr. Burton was present and spoke in behalf of his application. For the record, it is noted that no public opposition was received. (See verbatim transcript of hearing filed under separate cover with the Town Clerk's Office for reference.) Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing in the Matter of Appeal No. 3423 of EDWARD AND NORMA BURTON pending the 15-day environmental period for comments and pending deliberations at a later meeting.(tentatively scheduled for January 92 1986). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki. (Member Doyen was absent due to illness.) This resolu- tion was adopted by unanimous vote of four members present. 7:40 p.mo Appeal No. 3402. Public Hearing was held in the Matter of EMILIA PIKE. Variance for approval of insufficient area of proposed Parcels 1 and 2, and insufficient frontage of Parcel N/s Main Roads Matt~tuck. The Chairman read the legal notice of hearing and appeal application for the record. Abigail A. Wickham, Esq. and Bob Greaves both spoke in behalf of the application. Also speaking in favor was Mrs. Marion Bopp, an adjoining property owner. For the record, it is noted that no public opposition was received. (See verbatim transcript of hearings prepared under separate cover by Linda Kowalski and filed with the Town Clerk's Office for reference.) Following the hearing, the board took the following action: Southold Town Board of Appeals -ll- December 12~ 1985 Regular Meeting (Emilia Pike, hearing, resolution continued:) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing in the Matter of Appeal No. 3402 for EMILIA T, PI~E pendin§ deliberations. (See deliberations/decision rendered later during this meeting.) Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. 7:45 p.m. Appeal No. 3400. Public Hearing was held in the Matter of JAMES AND MARY TYLER. Special Exception for public garage for vehicle repairs. N/s Main Road, Laurel. The .Chairman read the legal notice of hearing and application for the record, Henry Raynor spoke in behalf of the application. For the record, it is noted that no public opposition was received. (See verbatim transcript of hearings prepared.under.separate cover by Linda Kowalski and filed with the Town Clerk's Office for reference.) Following the hearings the board took the following action: On.~motion by Mr. Goehringer, seconded by Mr. Sawicki, ~t was RESOLVED, to close (conclude) the hearing in the Matter of Appeal No. 3400 for JAMES AND MARY TYLER pending the 15-day environmental period for comments and pending deliberations at a later meeting (tentatively scheduled for January 9, 1986). Vote of the Board: Ayes: Messrs. Goehringer~ Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. Southold Town Board of Appeals -12- December 12, 1985 Regular Meeting 7:52 p.m. Appeal No. 3425. Public Hearing was held in the Matter of HOWARD AND BARBARA DILLINGHAM. Variance for approval of existing foundation as constructed wit~.insufficient sideyard and insufficient total ~ideyards. 1900 Aldrich Lane, Laurel. The Chairman read the legal noti"ce of hearing and appeal application for the record. The applicant appeared and spoke in behalf of the application. For the record, it is noted that no public opposition was received. (See verbatim transcript of hearing prepared under separate cover by Linda Kowalski~.and~f~led with the Town Clerk's Office for reference.) Following the hearing, the board took the following action~ ~ On motion by Mr. Goehringer, seconded by Mr~ Grigonis, it was RESOLVED, to close (conclude) the hearing in the Matter of Appeal NOG 3425 for HOWARD AND BARBARA DILLINGHAM pending the 15-day environmental period for comments and pending deliberations at a later meeting (tentatively scheduled for January 9, 1986). Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. 8:05 p.m. Appeal No. 3354 - Public Hearing was held in the Matter of LONG ISLAND SHORES. Variance for approval of: (a) insufficient lot area of four lots, (b) insufficient lot width of two lots. N/s North Road, Greenport. The Chairman read the legal notice of hearing and appeal application for the record. Abigail A. Wickham, Esq. appeared and spoke in behalf of the application. (See verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk's Office for reference.) For the record, it is noted that no public opposition was received. Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess the public hearing in the Matter of Appeal No. 3354 - LONG ISLAND SHORES until the next Regular Meeting of this board, to wit: January 9, 1986, for~additional time to Southold Town Board of Appeals -13- December 12, 1985 Regular Meeting (Appeal No. 3354 - LONG ISLAND SHORES, hearing, resolution continued:) receive and review an inspection report and recommendations from the Soil and Water Conservation District of Suffolk County through the U.S. Department of Agriculture, requested by this board by letter dated November 13, 1985. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. 8:10 p.m. Appeal No. 3406. Public Hearing was reconvened (recessed from the previous meeting of October 24, 1985) in the Matter of STAMATIOS AND ELENI RAPANAKIS. Variance for approval of reinstatement of nonconforming two-family use at 2030 Boisseau Avenue, Southold. The Chairman asked ~f there was anyone.present who wished to speak either in favor or against the application. Mr. Boyd was not present; however, Mr. and Mrs. Rapanakis were present to answer questions. The Chairman indicated that re-notice to adjoining property owners was completed by certified mail as shown by the receipts and affidavit of mailing in the file from the applicant as originally requested by Mr. Boyd. The Chairman read Mr. Boyd's letter for the record. Nothing further was added for the record except that Mr. Rapanakis asked that the application be approved as applied. Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki~ it was RESOLVED, to close (conclude) the hearing reserving decision. This resolution was unanimously adopted. Southold Town Board of Appeals -14- December 12, 1985 Regular Meeting 8:18 p.m. Appeal No. 3438. Matter of PAUL AND MARY FLEMING by Eastern Windpower, Inc., Osborne Avenue, Baiting Hollow, NY 11933. Variance to the Zoning Ordinance, Article III, Section 100-32 and 100-30(C) for permission to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District 1000, Section 19, Block 2~ Lot 10. The Chairman read the legal notice of hearing and~application for the record. Richard Jarzombek.of Eastern Windpower, Inc. spoke in behalf of the application. For the record, it is noted that no public opposition was received during the hearing. (See verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk's Office for reference.) Following the bearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision until a later date in the Matter of Appeal No. 3438 - PAUL AND MARY FLEMING. Vote of the Board: Ayes: Messrs. Goehrinser, Douglass, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. 8:22 p.m. Appeal No. 3431. Matter of GAIL DESSIMOZ AND MICHAEL RACZ by J. Douglas Peix. Variance to the Zoning Ordinance, Article XI, Sections lO0-118(E) and 100-119.2, for: (a) permission to renovate and expand existing nonconforming cabin [guest cottage without kitchen facilities] exceeding 50% of value and square footage of same as exists; (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, at premises known as 4255 Private Road #10 (Hallock Lane), Mattituck, NY; County Tax Map District 1000, Section 112, Block 01~ Lot 004. The Chairman read the notice of hearing and application for the record. No one was present in behalf of the application pursuant to notice by our office that the hearing would be recessed pending receipt of the written response from the Soil and Conservation District of the U.S. Department of Ag~culture. Benjamin Kirkup spoke briefly in opposition and referred the board Southold Town Board of Appeals -15- December 12, 1985 Regular Meeting ~(Appeal No. 3431 GAIL DESSIMOZ AND MICHAEL RACZ~ hearing, continued:) to the affidavit of ELeanor Kirkup dated December 2, 1985 in the record. The Chairman advised the audience that the hearing would be - rcessed until a date in the future, pending receipt of the written response from the Soil and Water Conservation District and further requesting from the applicant or his agent four copies of a plan showing the exact square footage of the "cabin area" as exists, and also as proposed, in order to determine the percentage requested by this variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess the public hearing in the Matter of MICHAEL RACZ AND GAI~ D~S~IMOZ under Appeal No. 3431, pending receipt of the following: 1. Written response from the Soil and Water Conservation District of the U.S. Department of Agriculture, and 2. Four copies of a plan (to scale) depicting the square footage of the existing "cabin area," the square footage of the "cabin area" to be added', and the percentage over 50% being requested in this variance application. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members Present. 8:30 p.m. TEMPORARY RECESS: On motion by Mr. Goehringer, seconded by Mr. Saw~cki, it was RESOLVED, to recess for approximately five minutes~ at which time the meeting would be reconvened. This resolution was adopted by all four members present. RECONVENED MEETING: On motion by Mr. Grigonis, seconded by Mr. Sawicki~ it was RESOLVED, to reconvene the Regular Meetin~ Vote of the Board~ Ayes: Messrs. Grigonis, Sawicki and Douglass. (Chairman Goehringer was absent. Member Doyen was absent.) The meeting was reconvened at 8:37 p.m. Southold Town Board of Appeals -16= December 12~ 1985 Regular Meeting 8:37 p.m. Public Hearing. Appeal No. 3422. Matter of ROBERT A. CELIC. Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to establish access to and from Marlene Lane for off-street parking which will be located less than 50 feet from property abutting the Main Road~ the nearest street intersection. Premises located on the east side of Marlene Lane, Mattituck, NY; 1000-143-3-1. The Chairman Pro Tem (Grigonis) read the notice of hearing and appeal application in its eptirety for the record. Mr~ Celic was present and spoke in behalf of his application. For the record, it is noted that no public opposition was received. (See verbatim transcript of hearing prepared under separate cover b~ Linda Kowalski and filed with the Town Clerk's Office for reference.) Following the hearing, the board took the following action: On motion by Mr. Gri~onis~ seconded by Mr. Douglass, it was RESOLVED, to close (conclude) the hearing pending deliberations ano decision at a later date. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Members Goehringer and Doyen were absent.) This resolution was duly adopted. 8:45 p.m. Deliberations commenced on the following matters and decisions, rendered as indicated below. PENDING DECISION: Appeal No. 3420: SUNBOW ASSOCIATES - Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule for approval of insufficient lot width (frontage) of four proposed parcels. N/s Main Road, Mattituck. 1000-122-6-29. Following deliberations, the board took the following action: (continued on page 17) Southold Town Board of Appeals =17= December 12, 1985 Regular Meeting (Appeal No. 3420 SUNBOW ASSOCIATES, decision, continued:) WHEREAS, a public hearing was held and concluded on November 14, 1985 concerning the Matter of the Application of SUNBOW ASSOCIATES under Appeal No. 3420; and WHEREAS, the board has considered alt testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS~ the board members have personally viewed and are familiar with the premises in questior as well as its surrounding area~ and WHEREAS, the board made the following findings of fact: 1. The property in question is located in the "B-I" General Business Zoning District having a total frontage along the north side of the Main Road in the Hamlet of Laurel of 507.16 feet and total acrea§e of 4.176 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 29. 2. By this application, appellant requests approval of insuffi- cient lot width (frontage) of four parcels in this Minor Subdivision pending before the Southold Town Planning Board of 126.79 feet each. Each of the proposed parcels is in compliance with the area and depth requirements of the code: (a) Parcel 1 of 49,585 sq. ft. in area and average lot depth of 392.28 feet; (b) Parcel 2 of 47,361 sq. ft. in area and average lot depth of 373.18 feet; (c) Parcel 3 of 44,205 sq. ft. in area and average depth of 348.64 feet; (d) Parcel 4 of 40,759 sq. ft. in area and average depth of 322.19 feet. 3. Article VII, Section lO0-71, and Bulk Schedule of the Zoning Code, requires a minimum lot width of 150 feet. Southold Town Board of Appeals -18- December 12, 1985 Regular Meeting (Appeal No. 3420 - SUNBOW ASSOCIATES, decision continued:) 4. In considering the alternatives submitted by applicant, it is the board's opinion that this application as applied is the most practical and reasonable in assuring appropriate and adequate building area and circulation. In considering this appeals the board finds: (a) that the relief as requested is not out of character with this zoning dis- trict; (b) that the circumstances of this appeal are unique; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief is not substantial, being 15% of a variance from the requirements; (f) that there is no other method other than a variance feasible for appellant to pursue; (g) that the interests of justice will be Served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested under Appeal No. 3420 in the Matter of the Application for SUNBOW ASSOCIATES for approval of the insufficient lot width (frontage) ~f 126.79 feet along the Main Road of each of the proposed four lots in question, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: There be no lot area or lot width reductions to less than that shown on Minor Subdivisio~ Map prepared by RGderick VanTuyl, P.C. dated June 27, 1985. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Chairman Goehringer and Member Doyen of Fishers Island were absent.) This resolutio~ was adopted with an unanimous vote of three members. Southold Town Board of Appeals -19- December 12, 1985 Regular Meeting PENDING DECISION: Appeal No. 3416: Application of EUGENE ~ND DIANE GIANNONE - Appeal No. 3416 Variance to the Zoning Ordinance, Articl~ III, Section 100-32 for approval of the construction of an accessory garage structure in an area other than the required rear yard at premises identified on the Suffolk County Tax Maps as District 1000~ Section 106, Block 8, Lot 50.07 (part of 50.3), located on a p?ivate right-of-way off of Sunset Drive, Mattituck, NY. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on November 14, 1985 concerning the Matter of the Application of EUGENE AND DIANE GIANNONE under Appeal No. 3416; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the end of Sunset Drive, Mattituck, in the "A-80" Residential and Agricultural Zoning District, contains a total acreage of 7.574 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, Lot 50.7. 2. Existing on the subject premises is a single-family, two-story dwelling presently under construction pursuant to Building Permit No. 14224Z issued August 30, 1985, and the subject accessory garage foundation, also included under Permit No. 14224Z. 3~ By this application, appellants request approval of the construction of a 24' by 35' three-car garage, for which a foundation was constructed and located in the front yard approximately 100 feet from the north property line and 75 feet from the east side property line. 4. It is the opinion of the board that the location of the subject three-car garage as exists is not unreasonable since it is more than 75 feet from the front property line, the mini- mum required for a principal building, and is adequately distant S~uthold Town Board of Appeals -20- December 12, 1985 Regular Meeting (Appeal No. 3416 EUGENE AND DIANE GIANNONE, decision, continued:) from all other neighboring properties~ In considering this appeal, the board finds: (a) that the relief as requested will not cause a substantial change in the character of the district; (b) that no substantial detriment would be created affecting adjoining properties; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the circum- stances leading up to this appeal are unique; (e) that the variance will be ~'n harmony with and promote the general purposes of zoning; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that approval of the construction of this three-car garage structure approximately 100 feet from the front property line and approximately 75 feet from the side property line as applied under Appeal No. 3416 in the Matter of EUGENE AND DIANE GIANNONE, BE AND HEREBY IS APPROVED, SUBJECT TO T~E FOLLOWING CONDITIONS: 1. This garage structure shall not be used for sleeping or habitable quarters at any time (for storage and garage pur- pDses only); 2. This garage structure shall not exceed the maximum height requirement of 18 feet. Vote of the Board: Ayes: Messrs. Grigonis, Sawicki and Douglass. (Members Goehringer and Doyen were absent.) This resolution was adopted by unanimous vote of three members. Chairman Goehringer returned to the meeting at 8:53 APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Grigonis~ ~t was RESOLVED, to approve the Minutes of the following Meetings: November 26, 1985 Special Meeting, and October 24, 1985 Regular Meeting. - Vote of the Board: Ayes: Messrs. Goehrin§er~ Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. , , , Southold Town Board of Appeals -21- December 12, 1985 Regular Meeting PENDING DECISION: Appeal No. 3402: Application for EMILIA T~. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main Road~ Mat- tituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on December 12, 1985 concerning the Matter of the Application of EMILIA T. PIKE under Appeal No. 3402 dated September 10, 1985; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in the Residential and Agricultural Zoning District, is situated at the north side of the Main Road (S.R. 25), Mattit~ck, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 03, Lot 26. 2. The subject premises consists of a total area of 90,382 sq. ft. with a total frontage along the Main Road of 311.05 feet and average depth of 290.52 feet. 3. By this application, appellant proposes a set-off division of land for proposed Parcel No. 1 of 40~000 sq. ft. in area and 100.12 ft. frontage along the Main Road, from Parcel No. 2 of 50,382 sq. ft. in area, 210.93 ft. frontage along the Main Road and 307.71 ft. in width along the northerly (rear) property line. 4. Parcel No. 1 is vacant, and Parcel No. 2 is improved with a single-family two-story frame house and small accessory storage shed located in the rearyard area. 5. Reference is made for the record of the application made January 28, 1985, and decision rendered May 2, 1985 by this Board under Appeal No. 3327, denying the relief as requested for an area of 29,921 and 60,461 sq. ft., and 100.12 ft. lot width as applied. Southold Town Board of Appeals -22- December 12, 1985 Regular Meeting (Appeal No. 3402 EMILIA T. PIKE, continued:) 6. In viewing the immediate area, the board finds that the area and tot width of the lots as proposed herein are consis- tent with those existing generally in the immediate-~eighborhood. In considering thi's appeals, the board finds: (a) that the relief as requested is consistent with other lots generally existing in the oeighborhood and therefore will not be a substan- tial change in the character of the district; (b) that the circumstances of this appeal are unique; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the variance will be in harmony with and promote the general purposes of zoning; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly~ on motion by Mr. Grigonis, seconded by Mro Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3402 in the Matter of the Application of EMILIA T. PIKE for insuffi- cient lot area of Parcel #1 of 40,.000 sq. ft. and of Parcel #2 of 50,382 sq. ft. and insufficient lot width (frontage) of Parcel #1 of 100.12 feet~ BE~AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That no accessory buildings as may be proposed in the future shall be constructed in the side or front yard areas at any time; 2. That there be no further lot area or width reductions; 3. That there be no further divisions of land or set-offs. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to illness~) This resolution was adopted by unanimous vote of the four members present. Southold Town Board of Appeals -23- December 12, 1985 Regular Meeting PENDING DECISION: Appeal No. 3373: Application of RUTH BOHN - Appeal No. 3373 - Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on November 14, 1985 concerning the Matter of the Application of RUTH BOHN under Appeal No. 3373~ and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board made the following findings of fact: 1. The property in question is located in the Residential and Agricultural Zoning Districts situated at the southerly end of Beebe Drive, Cutchogue, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 9, Lots 2 and 3. 2. The subject premises as a whole consists of a total area of 81,047 Sqo ft., frontage (lot width) of 274.05 feet along Beebe Drive, and average lot depth of 377.73 feet to the hi§hwater mark as shown on survey dated June 12, 1985 prepared by Alden W. Young, L.S. 3. By this application, appellant proposes two lots in this pendirg set-off division of land, to wit: (a) Parcel #1 of 41,900 sq. ft. and lot width of 100 feet at the dwelling setback line, and (b) Parcel #2 of 39,147 sq. ft. and lot width of 103± feet at the required building setback line (167.35 feet along Beebe Drive). 4. Proposed Parcel #2 is vacant; proposed Parcel#1 is improved with a single-family, two-story frame house with attached garage set back 41.5' from its nearest point from the front property line, and an accessory inground swimmingpool structure and 16.2' by 16.3' framed accessory building, both located in the required rearyard area. 5. In researching the history of this property, town records S~uthold Town Board of Appeals -24- December 12, 1985 Regular Meeting (Appeal No. 3373 - RUTH BOHN, decision continued:) show that the property was purchased at two separate times and deeds, Lot #1 on June 5, 1967 at Liber 6163, cp 474, and Lot #2 on April 29, 1967~ It is also noted that the Suffolk County Department of Health Services by letter dated June 14, 1985 is not requiring Article 6 approval and recognizes the parcels as shown on the 1980 County Tax Map as two lots, and permit dated November 22, 1985, approval has been received from the N.Y.S. Department of Environ- mental Conservation pursuant to Article 25 of the Tidal Wetlands Act. 6. In viewing the immediate area, it is also noted that the lots as proposed by this application are consistent with the size of those lots generally ex~sting to the north and northeast of the subject premises which are smaller. In considering this appeal, the board finds: (a) that the relief as requested is consistent with a majority of other lots in the area and therefore will not be a substantial change in the character of the district; (b) that the circumstances of this appeal are unique as noted above; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the variance will be in harmony with and promote the general purposes of zoning; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3373 in the Matter of the Application of RUTH BOHN for insufficient lot area of Parcel #1 of 41,900 sq. ft. and frontage along Beebe Drive Extension of 135.48 feet, and insufficient lot area of Parcel #2 of 39,147 sq. ft. and frontage along Beebe Drive Exten- sion of 167.35 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further lot area or frontage reductions; 2. The lowest habitable floor (or foundation floor with utilities) in a dwelling structure upon Parcel #2 shall be the minimum flood elevation above mean~sea level of 8 feet in the~"A~4"~Flood ~ ~ Zone. Vote of the Board: Ayes: Messrs. Grigonis, Sawicki and Douglass. (Chairman Goehringer abstained from vote; Member Doyen of Fishers Island was absent due to illness.) This resolution was adopted with a vote of three of the Southold Town Board of Appeals -25- December 12, 1985 Regular Meeting (Appeal No. 3373 - RUTH BOHN, decision, continued:) four members present. NEXT REGULAR MEETING: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to set the date of the next Regular Meeting and public hearings (listed below) to be THURSDAY, JANUARY 9, 1986, to be held at the Southold Town Hall, Main Road, Southold, New York commencing at 7:30 p.m. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members PUBLIC HEARINGS FOR JANUARY 9, 1986: On motion by Mr. Doug- lass, seconded by Mr. Goehringer~ it was RESOLVED, that Linda Kowalski is hereby authorized and directed to schedule and advertise notice of the following matters for public hearings in the local and official newspapers of the town, to wit: Long Island Traveler-Watchman and Suffolk Times as required by law, as follows 7:30 p.m. Appeal No. 3406 RICHARD L. DUCHANO. Variance to the Zoning Ordinance, Article III, Sections lO0-30(A)[1] (and 100-31) for permission to reseparate lots which have insufficient lot area, width and depth. Premises known as 715 Champlin Place and premises known as 224 Bridge Street, Greenport, NY, Suffolk County Tax Map District 1000, Section 34, Block 3, Lots 37 'and 53 (53.1). 7:35 p.m. Appeal No. 3437 - FRANK AND MARY BROPHY. Request to rescind a previous conditional variance granted under Appeal No. 2922 dated 1/19/82 for construction of a deck at premises known as 75 Second Street, New Suffolk, NY; Suffolk County Tax Map District 1000, Section 117, Block 10, Lot 20.7. 7:40 p.m. Appeal No. 3432 JOHN AND JOYCE HOLZAPFEL. Variance from the conditions rendered under Appeal No. 2784 dated t0/15/81 (and ~688 dated 7/9/64) and/or to waive the improvements required under Appeal No. 2784 concerning Private Road #10 known as "Old Woods Road" located at the east side of South Harbor Road, Southold, NY, identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 23,1, and approving access pursuant to New York Town Law, Section 280-a, from the east'side of South Harbor Road to the premises in question, ioentified on the Suffolk County Tax Maps as District 1000, Section 87~ Block 17 Lot 23.8. ~outhold Town Board of Appeals -26- December 12, 1985 Regular Meeting (Public Hearings for 1/9/86, continued:) 7:45 p.m. Appeal No. 3429 H. NORMAN McCULLOUGH III and ANTONE E. BERKOSKI. Variance to the Zoning Ordinance, Article III, - Section 100-31, for approval of insufficient depth of parcels in this pending three-lot minor subdivision, located at the corner of Oregon Road and Cox's Lane, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 3. 7:50 p.m. Appeal No. 3435 - NORTH FORK COUNTRY CLUB~ Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B) for permission to reestablish and rebuild country club building which will include a restaurant, kitchen facilities, bar, pro shop with sales and various support rooms such as locker rooms and lounges, existing 18-hole golf course and existing two tennis courts, at premises located at the corner of Main Road and Moore's Lane, Cutchogue, NY; 1000-109-4-1, 3, 4 and 7. 7:55 p.m. Appeal No. 3434 - NORTH FORK COUNTRY CLUB. Variance to the Zoning Ordinance, Article: (a) III~ Section lO0-30(B)[6](a) to establish and continue existing and new parking area within 100 feet of street line, (b) XI, Section lO0-112(A) to vary number of parking spaces to less than that required by parking schedule. Location of Property: Corner of Main Road and Moore's Lane, Cutchogue, NY; 1000-109-4-1, 3, 4 and 7. 8:00 p.m. Appeal No. 3382 MATTITUCK HARBOR ASSOCIATES and BAYVIEW VENTURES. Variance to the Zoning Ordinance, Article III, Section 100-31, B~lk Schedule, for approval of insufficient upland of four lots in this pending major subdivision located at the south side of New Suffolk Avenue, (llO±l.f. east of Deep Hole Drive), Mattituck, NY; Suffolk County Tax Map District 1000, Section 115, Block 17, Lot 17. 8:10 p.m. Appeal No. 3436 CHARLES AND SYLVIA WILD. Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-31, Bulk Schedule "A" for permission to construct addition to dwelling with an insufficient sideyard setback, premises known as 250 Lake Court, Southold, NY; Suffolk County Tax Map District 1000, Section 59, Block 5, Lot 6. 8:15 p.m. Appeal No. 3354 - LONG ISLAND SHORES (recessed from tonight). Variance for insufficient area and width of parcels in this pending minor subdivision. N/s C.R. 48, Greenport; 1000- 40-01-20. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, - Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. , , , Southold Town Board of Appeals -27- December 12, 1985 Regular Meeting OTHER FILE REVIEWSz Appeal No. 3421 ESTATE dF JOZEF ZIELONKA. Variance for two business uses and retai, n existing two d~ell'i_.ng uses. A=Zone. N/s Mai'n Roads Cutchogue. Board awaits copy of Pre-Certificate of Occu- pancy or other certification or C.O. from the Buildi~.g Department as to legal uses within each building of record' Advertising dead- line January 8th for January 30th public hearings. The Chairman acknowledged receipt of the sketched floor plans prepared by Mr. Wickham as Executor f6r the Estate. Appeal No. 3439 - ARNOLD AND KAREN BLAIR. Variance to divide subject property with insuffi'~ient l'~t area, depth and width. Cedar Lane and Beach Court, East Marion. 1000-37-7-5, 6, 10 (10.2). The board requested the following information prior to scheduling this matter for public hearing: (1) N.Y.S. Department of Environmental Conservation approval, or, letter of norjurisdiction if application .[Section 661.6 of Tidal Wetlands Land Use Regulations] for this division; (2) Suffolk County Department of Health Services Article VI application and approval, or letter indicating previous approval; (3) If there are wetland grasses located on the premises, four copies of a modified survey showing all wetlands and grasses thereon; (4) Four copies of a sketch or a survey indicating the build- ing envelopes and the distances from the ordinary highwater mark and all wetlands and grass areas~ as well as all varied contours north of the 5' contour given on the survey of March 11, 1983. (The March 11, 1983 survey shows the ordinary highwater mark to be along the "Beach Court" boundary.) Appeal No.'3443 ?REDERICK W. KOEHLER, JR~ (by Bud Realty). Variance to construct tennis court in front yard, Art. III, 100-32. 575 Old Harbor Road~ New Suffolk (former Lockwood Estate property). Tentatively scheduled for January 30, 1986 public hearing. File complete. Appeal No. 3196 VIRGINIA HAIRSTON (Estate of Walter Hairston). Variance for~nsufficient area and width of two proposed lots with two existing dwellings. W/s Ca~roll Avenue~ Peconic. Certificate of Occupancy of nonconforming premises received November 19, 1985. Await direction from applicant as to which January meeting ~his public hearing is to be held for their convenience. Southold Iown Board of Appeals -28- December 12, 1985 Regular Meeting OTHER REVIEWS, continued: Appeal Noo 3430 - CECIL T. YOUNG. Variance for insufficient lot depth of parcel in this pending set-off division of land, N/s Main Road, Laurel. The board awaits the requested surveys which would indicate,The exact amount of square footage whic.h would be lost if the applicant complied with the additional 1.5+ ft. on the west side line and additional 13.56 feet on the east side which ~ictor Lessard interprets to be sufficient since the lot is a minimum of 80,000 sq. ft. ~n area and meets all other balk schedule requirements. This matter has not been scheduled for public hearing. The advertising deadline for the January 30th meeting is January 8tho Appeals No. 3441 and 3442 JOHN J. NEWMAN. 430 Sailors Needle Road, Mattituck. Variances for: (a) addition to accessory building for sleeping quarters; (b) addition to main dwelling within 75' of wetlands. The board awaits the following additional informa- tion as per our December ll, 1985 request: (1) Four copies of an up-lto-date survey certifying: (a) the location and setbacks from all property lines of the existing garage and any proposed addition thereto; (b) the location and setbacks from all property lines of the proposed addition to dwelling; (c) all other buildings and structures, including new and existing bulkheads, as exist today; (d) elevation of foundation floor above mean sea level of the addition to dwelling and the garage construc- tion; (e) the present uses of all existing buildings and changes of 'uses of the proposals; (f) all property lines, total lot size and percentage of lot coverage by existing and proposed construction [maximum permitted by zoning code is 20%]. (2) Copies of N.Y.S~ Deplartment of Environmental Conservation permits for any and all recent c~onstruction and bulkheading. Appeal No. 3383 ANNA PACIFICO-MALERBA. Await Trustees' response as to jtrisdiction or other. Tentatively reserved for ZBA January 30, t§86 calendar iY Trustees response received by 1/8/86. Southold Town Board of Appeals -29- December 12, 1985 Regular Meeting Being no other business properly coming before the board at this time, motion was made by Mr. Douglass, seconded by Mr~ $,~wicki, to adjourn. The meeting was adjourned at .9:25 p.m. Respectfully submitted, ~~owa~l s~ iary Southold Town Board of Appeals ApproVed- 1/9/86 ~h~ay Goehr' g CEiVaD AND FILED BY H'Z~ SOU~:£OLD TOWN DATEI ~ ~ HOD~ TorCh Cliff:, Town of Southo!d VERBATIM TRANSCRIPT OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING HELD DECEMBER 12, 1985 Present were: Gerard P. Goehringer~ Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H~ Sawicki. Absent was: Serge Doyen of Fishers Island due to illness. There were approximately 17 persons present at the beginning of the meeting. PUBLIC HEARING: 7:35 p.m. Appeal No. 3423. Public Hearing was held in the Matter of EDWARD AND NORMA BURTON for an accessory build- ing int he sideyard area at premises located at the south side of Main Road, East Marion. The Chairman read the legal notice of hearing and appeal applica- tion for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch indicating an 8' by 12' storage building approximately 130 feet from the Main Road. I will ask the applicant how far it is from the line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr~ Burton, would you like to be heard? Please use the mike over there, if you wouldn't mind. Thank you. Can you tell me approximately how close to the line you're antici- pating putting this? EDWARD BURTON: Four feet. CHAIRMAN: Four feet from the west property line. MR. BURTON: Right. CHAIRMAN: The only thing that we're concerned with is that you leave enough access between the building and the hQuse so that you can get equipment into the rearyard area. MR. BURTON: I plan on doing that. Yes. Oh yeah. CHAIRMAN: Ok. And I'll ask the normal questions that we deal with in these storage buildings. We usually place a restriction on them that they remain for storage only. That they not be used as a bunk house or sleeping quarters or for children for sleeping. Will this one have any electricity in it? MR. BURTON: No. CHAIRMAN: Oki Thank you very much for coming in. Is there anybody else that would like to speak in behalf of this application? Anybody wish to speak against it? (None) Questions from board Southold Town Board of Appeals -2- December 12, 1985 Regular Meeting (Appeal No. 3423 EDWARD AND NORMA BURTON, hearing continued:) CHAIRMAN (continued): members? (None). Hearing no further questions, I'll make a motion closing the hearing and reserving decision until the 15-day (environ- mental) period is up. MEMBER SAWICKI: Second On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close (conclude) the hearing reserving decision until a later date (pending the 15-day environmental-review period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent due to illness.) This resolu- tion was adopted by unanimous vote of the four members present. PUBLIC HEARING: Appeal No~ 3402. 7:40 p.m. Public Hearing was held in the Matter of EMILIA PIKE'~ Variance for approval of insuffi- cient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel #1 in this pending set-off division of land located at the north side of Main Road, Mattituck. The Chairman read the legal notice of hearing and appeal applica- tion for the record~ CHAIRMAN GOEHRINGER: I have a survey dated July 22, 1985 indicating the house lot of 50,382 sq. ft. and the vacant lot of 40,000 sq. ft. And I have a copy of the Suffolk County Tax Map indicatng this and surrounding properties in the area. Miss Wickham, would you like to be heard? Your timing is impeccable. ABIGAIL WICKHAM, ESQ,: I would like to say first of all or by way of introduction that this is the largest lot by far in the entire neighborhood~ There are two types of hardship and practical difficulty involved here. First is the size of the lot and the second is where it should be divided. As for the size, it's over 90,000 sq. ft. The others in the neighborhood are much smaller~ For most cases less than half the size. On the west along the Main Road, you have widths of 67 feet, 75 feet, 100 feet, and 112 feet. On the east, you have a 100' lot containing about a quarter of an acre. All of the lots behind the property on Pike Street are about 100 feet wide and are 25 to 30,000 sq. ft. in area. The house here is on the east side, Southold Town Board of Appeals -3- December 12, 1985 Regular Meeting (Appeal No. 3402 - EMILIA PIKE, hearing, continued:) MISS WICKHAM (continued): not in the middle, so it lends itself to a division just by its physical location. I have two things that I would like to give to you tonight. One is a copy of the Tax Map which shows the size and the location of this lot in relation to the others surrounding it for the record and the width of those surrounding lots, and also I have a letter from Brent Bookmiller who is a licensea real estate broker indicating that he has examined the property, and that the market value differential for this property between it being subdivided and it not being subdivided is approxi- mately $25,000, so you do have a very serious hardship there. As to where to divide the property, the crucial issue here is that there is a driveway that is located right in the middle of the property where you might otherwise want to put the line. And therefore you either got to move the driveway, which is a blacktop driveway and has a big tree in its vicinity, or create easements which have liability and other legal problems. The proposed 100' width is exactly the same or larger than all of these surrounding lots to the west, and the lot to the east, and the lots behind to the north. I also ought to mention that the proposed master plan designates this area as an RO zone, which would permit a 40,000 sq. ft. lot; and we have revised this application from the prior one in order to meet that acreage. I'd also like to mention--make reference to the Planning Board letter commenting on the proposal. I question their jurisdiction to advise on variances because the Planning Board is empowered only to make decisions as the property relates to code compliance and to elements as they comply to the code. It is your jurisdiction to grant variances. They do recommend--I find it odd--a nonconforming lot size, about 37,000 sq. ft., which they are without power to do, and they also recommend 125 feet which runs into the driveway problem we mentioned before, and also is inconsistent with all of the lots next door~ Certainly to divide it by 100 feet is not out of keeping at all with the rest of the neighborhood and it is a unique situation because of the size of the lot. I'd like to give you this tax map and the letter from the broker. CHAIRMAN: Thank you. Can I ask you just two questions while you' up there? Is the intended use of this property residential? re MISS WICKHAM: Yes. Southold Town Board of Appeals -4- December 12, 1985 Regular Meeting (Appeal No. 3402 - EMILIA PIKE, hearing, continued:) CHAIRMAN: These applicants have any objection to a restriction placed on the property that there be no further sideyard variances? In other words, are they building to the rear of the property, or are they building to the other side? MISS WICKHAM: I don't think I can answer where it would be built, but I don't want to say "no," but I think a sideyard variance ought to be a question of your det~rmination. Further on. I don't know if any of the other houses along there have sideyard variances~ Probably not~ CHAIRMAN: We haven't seen any~ MISS WICKHAM: They may be preexisting. CHAIRMAN: Yes~ MISS WICKHAM: I'd prefer not. I request that that rather be considered by the board in the future on the basis of the hardship existing then. CHAIRMAN: Ok. MISS WICKHAM: Thank you. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Mr. Greaves? ROBERT GREAVES: I'm the one that's planning on buying the lot and building a house there. CHAIRMAN: Can you give us some indication on the size of the house in reference to total length across the front? MR. GREAVES: Yes, I have it right here. sort of an idea of what I would like to build. bigger than that. It'll give you some It wouldn't be any CHAIRMAN: So it's 36' plus 12 plus ll, 62 feet, roughly. Ok good. Thank you very much. Would anybody else like to see this? (No one). Anybody else like to speak in behalf? Yes, Mrs. Bopp. MARION BOPP: I'm Marion Bopp and I~m one of the adjoining property owners on the east, and I know the concern that Mrs. Pike Southold ToWn Board of Appeals 5- December 12, 1985 Regular Meeting (Appeal No. 3402 - EMILIA PIKE, hearing, continued:) MRS. BOPP (continued): has had for many years in taking care of this big piece of property, and I also know of the proposed sale that she wants to give to Mr. Greaves if you're willing to approve of it. I have lived in the area for more than 20 years with my family, and it has been a concern of ours as to what would happen if Mrs. Pike died and what would happen to this property. I have known Mr. Greaves who lives just three doors away. I know the care he has given to his mother's home while he lived there. And I feel that the lot he plans to build on is conforming with the size of the lots in the rest of the area. I myself, I know this is strictly cosmetics but as a property owner I would consider it an asset if Mr. Greaves lived there and put up a home. I would definitely like to ay they are very good neighbors. CHAIRMAN: Thank you very much. That's very nice of you to say that. Would anybody else like to speak in favor? Anybody like to speak against? (None) Hearing no further comments, I~ll make a motion closing the hearing and reserving decision until later° On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing reserving decision until later in the Matter of Appeal No. 3402 - EMILIA PIKE. Vote of the Board: Ayes: All. (Member Doyen was absent.) 7:45 p.m. PUBLIC HEARING: Appeal No. 3400. Public Hearing was held in the Matter of JAMES AND MARY TYLER. Special Exception for public garage for vehicle repairs~ N/s Main Road, Laurel. The Chairman read the legal notice of hearing and application for the record~ CHAIRMAN GOEHRINGER: I have a copy of a survey dated February 10, 1985 indicating a proposed garage of 48' by 75', approximately two-thirds into the property, a sideyard of 25 feet on the west side, with no specific sideyard given on the east side. And I have a copy of the Suffolk~County Tax Map indicating this and surrounding properties in the area. Mr~ Raynor, are you going to be heard on this one? HENRY RAYNOR: Yes, Mr. Chairman, I would like to speak in favor of the proposed Special Exception before the board tonight. As you're aware, we submitted the site plan to the Planning Board and are over Southold Town Board of Appeals -6- December 12, 1985 Regular Meeting (Appeal No, 3400 - JAMES AND MARY TYLER~ hearing, continued:) HENRY RAYNOR (continued): here because it requires a Special Exception for a public garage. A plan has been submitted to the Suffolk County Department of Health Services for approval of water as well as t~' State Department of Transportation~ The State Department of Transportation has already approved the site plan with certain conditions, that being ~ amendment to the site plan you have before you for a narrowing of the entranceway from 40' to 30' and the creation and improvement of the sidewalk which preexists on the property. As you're aware, this is part of an old subdivision held by Mattituck Holding Corpora- tion which is already on a filed map. MR. CHAIRMAN: that? Do you have a more current site plan indicating MR. RAYNOR: The amendment from the Department of Transportation has just come back to us. So we have been unable at this point to have a surveyor make those amendments to it. The DOT has also set a bond, which we have forwarded a fee for. As you're aware, we have also complied with the requirement on the moratorium under Local Law 14, and have received a waiver from the Town Clerk's Office~ We did notify Mr. Crenshaw who is the property owner on the east who has a masonry contracting business there, as well as Shamrock Tree, which is on our west. And I believe you have copies for those notices of adjoining property owners. We would ask that the board give a favorable determination to the proposed Special Exception before you, and if you have any questions, I would be more than happy to answer them. MR. CHAIRMAN: Do you know if this is a cement block building or a butler building? MR. RAYNOR: It is prefabricated. I have a copy of the building plans here with me this evening~ If the board would like, I would be happy to submit a duplicate to them. MR. CHAIRMAN: Yes~ Possibly along with the re-drawing of that 30 feet, the reduction~ if you intend to do it, or a copy of the amendment that you have there~ MR. RAYNOR: We are awaiting to refer the amendment to the DOT to the Planning Board pursuant to this board's determination on the Special Exception. I can stipulate that we will be in full compli= ance with the DOT providing the Planning Board views it favorably~ MR~ CHAIRMAN: When is your meeting with the Planning Board? Southold Town Board of Appeals -7- December 12, 1985 Regular Meeting (Appeal No. 3400 - JAMiES-AND MARY TYLER, hearing, continued:) MR. RAYNOR: That is basically for this board to decide. MR. CHAIRMAN: Ok~ So in other words, if we don't grant the Special Exception, the application stops here. MR~ RAYNOR: That's correct. MR. CHAIRMAN: Ok. MR. RAYNOR: Thank you very much. MR. CHAIRMAN: Thank you. Is there anybody that would like to speak in favor of this application? Anyone against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion reserving decision until some time in the near future. Thank you very much for coming in. On motion by Mr. Goehringer, seconded by Mr.~]Sawicki, it was RESOLVED, to close (conclude) the hearing reserving decision until a later date (pending the 15-day environmental-review period and receipt of the building plan~) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent due to illness.) This resolu- tion was adopted by unanimous vote of the four members present. 7:52 p.m. PUBLIC HEARING: Appeal No. 3425. Public Hearing was held in the Matter of HOWARD AND BARBARA DILLINGHAM. Variance for approval of existing foundation as constructed with insufficient sideyard and insufficient total sideyards. 1900 Aldrich Lane, Laurel. The Chairman read the legal notice of hearing and appeal appli- cation for the record. MR. CHAIRMAN: I have a copy of a map dated October 22, 1985-- the most current date, and indicating the house which is approximately 109'8" from the road with an attached one-car garage which lies approximately 69~3 feet from the road. The north property line is approximately 14 feet from the house and the south property line, I will ask the applicant in a couple of moments. And I have a copy of the Suffolk County Tax Map indicatin.g this and surrounding properties in the area. Mr. Dillingham, would you like .to be heard? Southold Town Board of Appeals -8- December 12, 1985 Regular Meeting (Appeal No. 3425 - HOWARD AND BARBARA DILLINGHAM, hearing, continued:) HOWARD DILLINGHAM: We had this staked off by Young and Young, and after it had been staked off, the hole was dug and he went and measured it again~ and it was too close to Roy Stakey's property, my immediate neighbor to the south. So I hired Howard Wells to come in and re-dig the foundation with the offset stakes. After the foundation was poured, it was Walt Corwin (Building Inspector) who came down as I was tarring the foundation and we re=measured it, and to the best that we could tell, it was, I thought I had it six inches in my favor. I had called some time in September for another foundation survey, and when it came back, it came back six inches too close~ MR. CHAIRMAN: So basically what we're talkin§ about is--I thought it was 1'6" It's only MR. DILLINGHAM- Well the variances.the sideyards have to be a total of 31 feet and ours is a total of 31~6~ and we needed 17 feet on that south line, and we were 6" over that~~ It was less than a foot. It was somewhere in the neighborhood of either .6 feet or .7 feet~, it wasn't even inches. MR~ CHAIRMAN: (Reviewed map with Secretary.) Here it's shown (by the building inspector) to be ]7~5 and it's 16~5~ We have it as a foot in any case. We're not going to fight over 6" I needed that'for the record~ Howard, 'that's why I asked'you the question. Ok. As I understand now~ and as you had seen me take a picture approximately two weeks ago., ~he greenhouse is up. MR. DILLINGHAM: ~ight~ MR~ CHAIRMAN' And this~ any prolonged decision on our part would only ca~se you hardship ~n get~ing your CO, is that correct? MR~ DILLINGHAM- Yeah~ Well., the O-ther thing, if you made me take the greenhouse down~ that would be even more of a hardship~ MR~ CHAIRMAN; We will discuss it, as you know, as I thought you may have heard, we have a 15-day period we have to post this. So we are in hopes that we will make a decision, 'if not before the ]st of the year,.~right after the 1st of the year~ And we'll do the best we possibly can for you~ MR. DILLINGHAM: Thank you~. MR. CHAIRMAN: Thank you. Is there anybo'dy else that would like to speak in favor of this application? Anybody like to speak against the application? Questions ?rom board members?_~ (None) Hearing no Southold Town Board of Appeals -9- December 12, 1985 Regular Meeting (Appeal No~ 3425 - HOWARD AND BARBARA DILLINGHAM, hearing, continued:) CHAIRMAN (continued): further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer~ seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing reserv'~ng decision until a later date (pending the 15-day environmental-review period). Vote of the Board: Aye s - /~ll ]members present (4)~ PUBLIC HEARING: 8:05.p.m.. Appeal_No. 3354~ Public Hearing was held i'n the Matter of LONG ISLAND SHORES~ Variance for approval of: (a) insufficient lot area of four lots, (b) insufficient lot width of two lots~ N/s North Road~ Greenport~_~ '~ The Chairman read the lega't notice of hearing and appeal applica- tion for the record. MR. CHAIRMAN (GOEHRINGER)- I have a copy of a survey dated November 4, 1985, most recent date~ indicating._Lot #1 which is 1.2 acres, approximately 150 feet on the water and ~pproximately 125' to the south. Lot #2 which is 1~4 acres~ approximately 150' at the highwater mark, approximately 125' at the right-.of-way 1.ine. Lot #3, 1.3 acres. And Lot #4, size of Lot #3 is 225~ by 250~ And Lot #4, which is 1.3 acres, an irregular 250' by 255,26~ with a right-of-way of 15 feet on the, I think it's the northeast property line~ And I have a copy of the Suffolk Coun'ty Tax Map indicating this and surroundI ing properties in the area~ Miss Wickham, would you tike to be heard? ABIGAIL WICKHAM, ESQ.: Thank you. As the board can see from looking at the property:, if you divide a 5.2-acre parcel into two lots, you got two tots with about 113~500 s~. ft~ each~ which is 140% bigger than is required the two-acre ordinance. That's a hardship° If you only have two lots~ the hardship is obvious because you have half the number of lots which is thousands of dollars in value less than if you had the four lots~ If you only have two lots, there are onl.y two ways to develop this property. One is in the two long~ narrow lots with slightly insufficient width on the Sound, which is not the best layout relative to this land, or secondly, to have a lot in front on the Sound and a lot in the back on the road, or vice versa, which deprives the applicant of Southold Town Board of Appeals -10- December 12, 1985 Regular Meeting (Appeal No~ 3354 - LONG ISLAND SHORES~ hearing, continued:) MISS WICKHAM (continued): valuable soundfrontage in terms of the number of lots that he could put up there. The proposed area is certainly comparable to the other properties in the area, so a'hardship would be to deprive the owner of the right to divide the property in the same manner as those lots. Tberets ample sideyard. There is public water and sewer in the street in the front of this property, and we have made application to the Village of Greenport for hook-up~ Right now.~ as I last spoke to Mr. Monsell several weeks ago.~ that'~s on hold because Of.their hold-up'in general di.stribution, and it's just a question of waiting for them to make their system available. But it is available in the street in front of the property. So you 'would not have an.environ- mentally adverse impact~ The last master pi_an proposal that I saw for this property was an R~80 proposal~ which I think arbitrarily ignores the neighborhood t'aYout. That hasn=t been changed~. The only property that would possibly be affected would be the property to, immediately to the east in terms of precedent, because that has 2°6 acres. I made an inspection of the properties to the west, and they all have houses on them. So dom~t think you're going to ha've any precedential value there in terms of the ones that are slightly over an acre~ The two biggest properti'es are owned by the village of Greenport and the County of Suffolk, so you're not talking about precedential subdivision there~ The only other thing I would like to add is that as to the disclosure of the corporate owner. At the time the property was acq.uired was December of 1983~ Mr.. Law- rence Bruno was the sole owner, and I"m awaiting a receipt of an affidavit to determine if there is any change~ I will submit that as soon as I have that~ If you have any questions, I.~ll be glad to answer them. MR. CHAIRMAN: Planning Board? The right-of~way ~ assume is the purview of the MISS WICKHAM: It's entirely within the subdivisi, on. Yes. (There 'was a pause to check for.a~response from the Soil Conser- vation District previously requested by the Board of Appeals~) MR. CHAIRMAN: In looking at our file.~ I notice that we have not received anything from the Soil Conservation Service Concerning the quality of the bluff~ I know the holidays are before us and I know we've had this application for a rather lengthy period of time~ I don't know what to do..at this particular time, If we should close the hearing, I would not be able to accept that~ So I think what we Southold Town Board of Appeals -ll- December 12, 1985 Regular Meeting (Appeal No. 3354 - LONG ISLAND SHORES, hearing, continued:) MR. CHAIRMAN (continued): might do is recess this hearing until some time in January hoping we'll have that information~. The gentlemen up there who does the evaluation did tell us that we should have it by tonight but maybe because of the rain or whatever, he didn't get a chance to finish the evaluation. So I'll run,through the rest of the hearing, and I think we'll recess it until the first meeting in January. MISS WICKHAM: I don"t have any problem with that if you would just send me a copy of it when it comes in~ I would appreciate it. MR. CHAIRMAN: Ok' We used to close the hearing pending receipt of that, but we have been told that that would not be an appropriate way with dea'ling with this $.!nce this has an effect on the o'verall subdivision. I think what we~l.l do is recess i%, but I'll see if there are any objections to i't, Is there anybody else that would like to speak in favor of the application? Anybodz..tike to speak against the application? Hearing no further comments, I'll make a motion recessing this hearing until the next regularly scheduled meeting, which we have not voted on~ but we assume tm be the 9th of January. On motion by Mr. Goehringer~ seconded by Mr~ Grigonis, it was RESOLVED, to recess Appeal Now 3354, he-aring in the Matter of LONG ISLAND SHORES until the first meeting of the Board in January 1986, tentatively se~fo~ Ja~.~uary 9th~pending receipt of the written report from the_So~!_ Conservation District, Vote of the Board; Ayes: All members present I4)~ PUBLIC HEARING: Appeal No. 3406. Public Hearing was continued from the previous meeting of October 24, 1985 in the Matter of STAMATIOS AND ELENI RAPANAKIS. Variance for approval of reinstate- ment of nonconforming two-family use at 2030 Boisseau Avenue, Southold. MR. CHAIRMAN: This hearing was held on October 24, 1985 and it was recessed until tonight. Are the Rapanakises here? Mr. Rapanakis, is there anything you wanted to say regarding your application? MR~ RAPANAKIS: No. MR. CHAIRMAN: Is there something you would like to support it with? If you would use the mike, I would appreciate it~ Southotd Town Board of Appeals -12- December 12, 1985 Regular Meeting (Appeal No~ 3406 - RAPANAKIS, hearing, continued:) MR. CHAIRMAN: I believe this is to reinstate a two-family use in a house, is that correct? MR. RAPANAKIS: Yes. MR~ CHAIRMAN: Is there anything you wanted to say? you were here at the last hearing. I don't think MR. RAPANAKIS: No. MR. CHAIRMAN: the application2 Is there anything you would like to say concerning MR. RAPANAKIS: No~ MR. CHAIRMAN: You want the application to stand for itself as you have 'written it2 You want the .~pplication to stay just the way you have written it? There is nothi..ng you would like to add to it? MR. RAPANAKIS: Just for a two-family like it was before. MR. cH'AIRMAN: Ok. Thank you very ~uch~ Is there ~nybody else that would like to speak in favor of this a. pp]~cation? AnybQdy like to speak against the application2 (None). MR. CHAIRMAN: I have a letter dated October 18, 1985 from Edward John Boyd V, Counsellor at Law. It says~ _ . o ~Gentlemen: On beha-lf of certain owners of real property adjacent to and in the vicinity of the above-described subj_~c~parcel I strenuously object to the scheduling of and holding of said appeal~s public hearing on October 24~ 198~. As set forth in Section 100-125 of the Code of the Town of Southold~ a petitioner to the Board m..f Appeals is requited "by either certified or registered mail" to...give notice to adjacent property owners "within five (5) days preceeding the filing of the petition in the Town Clerk's Office." In the instant appeal, mailing of the required notices, and not by certifi'ed or registered mail,., appears to have been accom-- plished on August 2.8, 1985~. F'ilin§ oil. ithe appeal in the Town Clerk'S Office was not until September 18, 1985, some twenty-two (22) days later. This variation in procedure is material and detrimental to my Sou~thold Town Board of Appeals -13- December 12, 1985 Regular Meeting (Appeal No~ 3406 - RAPANAKIS, hearing, continued:) clients in that I made two visits to the Board's office, both before and after the five day date, to inspect the appeal documents as filed and was told on each occasion that no such appeal had~been received~ When finally notice of a scheduled hearing was published on October 17, 1985 and an examination of the file made that same day, insufficient time and schedul- ing conflicts prevented the preparation of an appropriate objection for the October 24 date. At the very least I call upon the Board of Appeals to uphold the requirements of the Town Code and dem_and that adequate notice be given prior to the scheduling of a public hearing and that the hearing set for October 24 be pQst~oned until such notice is in fact ~rovided. Yours very truly~ ~s./ Edward John Boyd V~ MR. CHAIRMAN: The required notice was then completed as is in the record, and the neighbors were then renotifi.gd 10130/85 by certified mail~ per receipts postmarked lOy30J85 'by._the'Southold Post Office.. (The names and addresses and receipt numbers are as follows: #P329'223 562 for Valentine Stype, Mattituck, NY~, #P329 223 625 for Carl Codan, ?4 W~ Poplar St, Floral Park, NY 11001; #P329 223 561 for Clarence and Frances Salter,.. Bo'isseau Avenue, Southold, 'NY; #P329 223 624 for Margaret Krukowski, Bois- seau Avenue, Southold, NY~ ) MR. CHAIRMAN- It appears Mr~ 'Boyd is not here~ (Re=notice was given to Mr. Boyd bx ao'py of legal nOti. ce dated 1~/26/85 mailed 12/2/85 and re-publication in ~.he official newspaper(s) of the town.) On motion by M~. Goehringer~ se'~"onded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing reser'vi~g decision until a later dateiin~t'he Matter of Appeal No. 3406 - STAMATIOS AND ELENI RAPANAKIS. Vote of the Board: Grigonis and Sawicki~ Ayes: Messrs. Goehringer~, Douglass.~ (Member DOyen was absent due to illness.) °Soutl~old Town Board of Appeals -14- December 12~ 1985 (Public Hearings) PUBLIC HEARING: 8:18 p~m. Appeal No. 3438. Matter of PAUL and MARY FLEMING by Eastern Windpower, Inc., Osborne Avenue, Bait:in'g Hollow, NY 11933, for a Variance to the Zoning Ordinance, A~ticle III, Section 100-32 and lO0-30(C) for permission to erect a wind tower exceeding 18 feet in height for the purposes of producing electricity, at premises known as 35675 Route 25, Orient, NY; County Tax Map District lO00, Section 19, Block 2~ Lot 10. The Chairman read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey from Alden Young dated June 21, 1979 indicating three structures on the property, penciled in or penned-in to the rear of the barn approxi- mately 100 feet from the barn~ a tower to be erected 175 feet from the west property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr~ Jarzombek, would you like to be heard? MR. JARZOMBEK: The reason we are requesting the tower at 60' is because that--the barn in the area is about 30 feet high, and we want to build at least 30 feet above any obstructions, and it would necessitate this sort of thing. MR. CHAIRMAN: You, since the last time you have been before us, have there been any changes you have made to these units has the noise or the drum been lessened in any way? MR. JARZOMBEK: This particular unit that we are going to use in this installation is a larger unit, and it's quieter than the other unit you're talking about. MR. CHAIRMAN: Have you had any trouble with any of these units or these towers blowing over, particularly in the most recent Hurricane that we've had? MR. JARZOMBEK: No. Of the five or six towers that we have on Long Island here, we have experienced no problems whatsoever. MR. CHAIRMAN: Thank you very much. MR. JARZOMBEK: Thank you. ~Southold Town Board of Appeals -15- December 12, 1985 (Public Hearings) (Appeal No. 3438 PAUL AND MARY FLEMING, public hearing, continued:) MR. CHAIRMAN: Is there anybody else that would line to speak in favor of this application? Anyone against the application? (None) Hearing nothing, did the board members wish to ask any questions? (None). Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision until a later date in the Matter of Appeal No. 3438 PAUL AND MARY FLEMING. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. 8:22 p.m. PUBLIC HEARING: Appeal.No. 343l. .Public Hearing was held in the Matter of GAIL DESSIMOZ AND MICHAEL RACZ~ Variances to the Zoning Ordinan~T~icle XI, 'Sections lO0~l~8(E) and 100~119.2, for: (a) permission to renovate and expand, existing nonconforming cabin (guest cottage without sleeping facilities) exceeding 50% of fair value and square footage 9f same as e_xists; (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound, at.premises known as 4255 Private Road #10 (Hallock Lane), Ma~tituck, 'NY; County Tax Map District 1000, Section~ 112, Block Ol, 'Lot 004. The Chairman read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a plan which superimposes the new area over and above the existing cabin~ and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have a copy of a survey March 14, 1983 indicating a cabin which sits to _the west side of the existing dwelling close to the property line. Would somebody like to be heard in behalf of this application? A'nybody like to speak against the application? Yes., sir. Could I ask you to use the mike if you wouldn't min.d'. BENJAMIN KIRKUP: My name is Benjamin Kirkup~ I believe there was an affidavit that was filed~with your office~ Southold Town Board of Appeals -16- December 12, 1985 Regular Meeting (Appeal No~ 3431 - DESSIMOZ AND RACZ, hearing, continued:) MR. CHAIRMAN: That's correct. We had spoken to the architect on the phone and we did mention to him that we have to submit this application to the Soil Conservation Service to find what the quality of the bluff is in that particular area, although this as you had heard in prior hearings is a rather timely process. The board feels that the proper recessing of this application until some time in So, at that particu- February would be at everyon lar time I will re-address t the filet We'r~ aware of th for it. And I hope this has out here tonight not being a architect~ Thank you~ sir. footage of the existing Cabi to be determined over the 50 mony, I'll make a motion rec February (1986), and request is the square footage issue I offer that as a motion~ ge On motion by Mr~ Goehrin RESOLVED, .to recess the RACZ and GAIL 'DESSIMOZ under the following: ~'s best interest. ~e issues~ We have the affidavit in ~ affidavit~ Mr~ Kirkup~ and I thank you no:t caused any problem with you coming )le to address either the owners or the We are also going to add the square and the square footage of the increase aggregate. Hearing no further testi- ~ss~.~ng the hearing until some time in ~ng the two areas I just mentioned, that tnd the Soil Conservation response. tlemen~ er, seconded by Mr. Grigonis, it was ublic hearing in the Matter of MICHAEL Appeal No~ 3431, pending receipt of 1~ Written response fro~ the Soil and Water Conservation District of the U.S. Department of Ag~iculture~ and 2. Four copies of a plan (to scale) depicting the square footage of the existing "cabin area~'-' the square footage of the "cabin area" to be added, and the perce'~t~ge o~er 50% being requeste'd'~in'.~his variance aPplication~ Vote Of-the Board: 'Ayes: Messrs. Goehringer~ Douglass, Grigonis and Sawicki. (Member Doyen was absent due to illness.) This resolution was adopted by unanimous vote of the fo'ur members present. PUBLIC HEARING: Appea]~NIo. 3422. Public Hearing was held at 8:37~ p:m. in the Matter of R.O~.RT'A., CELIC. Varianca t6 .the Zoning Ordinance, Articla VII.., 'Secti~-T~-O-Z'~'l~-~',.-~r"permiss~ion to establish access to and from Marlene L]ane for of~2~treet parking-which will be located less 'than 50 feetl~from property abutting the Main Road the nearest street intersectlion~ Premises located on the east side of Marlene Lane, Mattituck, NY. 10'00~143.'3-]~ Sou'thold Town Board of Appeals -17- December 12, 1985 Regular Meeting (Appeal No. 3422 CELIC, hearing, continued:) The Chairman Pro Tem read the legal notice of hearing and appeal application in its entirety for the record. CHAIRMAN PRO TEM (GRIGON'IS): I have a map of the property dated June 21, 19859 latest date October 10, 1985. I have a tax map show- ing this property and all thle surrouning properties. Is there any- thing you would like to add to the application, Bob? ROBERT CELIC: Not really, other than it's growing by leaps and bounds. It was originally proposed to build October 9, 1984. And I have been before your board for a variances 'if you recall, back in February~ 'which was approved because ~t~s considered --the sideyard is considered a rearyard, be~cause it's on a corner~ I have been before the Planning Board I !would say at least six times. I 'think this application prompted thle Planning Board.~ to finally set up a list of what should be requilre.~..on the site plan~ So this repre- sents a lot of cost to me on behalf of the Planning Board. Not that I'm talking against the Plan..ning..~Board_~ but I think if someone had looked at this originall~ .and realized that the State property-- let me just bring this uP ~t.O you~ CHAIRMAN: I probably have the same map here. MR~ CELIC: If th'ey'had simply looked at this~ and told me way back ~hen when I originally pro~sed it to them that there would be a conflict because the p.~emgnt is here~ My property is actually here and I have been attemptling to negotiate with the State to purchase that, but it's, they move like a caterpillar~--even worse~ But anyway. They should have told me at that time when I came for the side-line variance~ I woluld also have to come for this 50-foot access or egress situation~ So it has cost a lot of time, and I really would appreciate some action on this because I've conformed to everything ~the Plann~nb Bloard wants~ And I can't t~ll the State they must sell me the property They certainly have no intended use for the future'~fo[, that li~tte strip And I really need the-~ I have to ge~ going on this~ It has been 'well over...a, year, and I was expecting to have this slome 'time last Spring and it's really getting cramped. So if cons~ideration can be made, I really would appreciate it~ CHAIRMAN- We'll do our best on its Bob~ MR~ CELIC~ Th~nk you~ And I'll also leave this here as well. These are ~just copies of what I se~n_t t.O the State in lieu of my problem. So'u"~hold Town Board of Appeals -18- December 12, 1985 Regular Meeting (Appeal No. 3422 - CEL. I_C., hearing, continued:) CHAIRMAN GRIGONIS: to speak for this? Is there anyone else in here that would like MR. CELIC: You can keep that map also. CHAIRMAN: We have others. Any board members have any questions? (None) I'll offer a resolution closing (concluding) the hearing and reserving decision until a little later. MEMBER DOUGLASS: Second~ Motion was made, seconded and duly carried to close (conclude) the hearing. The hearing was concluded at 8:45 p~m~ Pp. 1 -18 Respectfully submitted, Linda Kowalski~ Secretary Southold Town Board of Appeals Th~s transcript prepared from tapes recorded by me during the meeting.