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HomeMy WebLinkAboutZBA-11/14/1985 Southold Town Board of Appeals MAIN ROAD- -¢:TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS JR. SERGE DOYEN. JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING NOVEMBER 14, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, November 14, 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, Jro; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki, constituting all five members of the Board of Appeals. Also present were Victor Lessard~ Building-Department Administra- tor, and approximately 18 persons in the audience 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 hearing tonight, as fol]ows: ENVIRONMENTAL DECLARATIONS: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations indicating the projects will have negative adverse effects to the environment for the reasons as noted below, 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. 3417 - BENJAMIN KOWALCHUK (continued on page two) Southold Town Board of Appeals -2- November 14, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAP~TION Notice of Determination of Non-Significance APPEAL NO.: 3417 PROJECT NA[~E: BENJAMIN KOWALCHUK 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 TOM of Southoldl This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please t~e 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 for permission to locate accessory building in side yard~ LOCATION OF PROJECT: Town of Southold, County of ~uffolk, more particularly known as: 3375 Wells R0~d~ Pec0nic~ New York; 1000-86-2-8. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted %lhich indicates that no significant adverse effects to the environment are likely to occur should this project be ~mple~ mented as planned; (2) The construction is landward of existing structure, s. Southold Town Board of Appeals -3- November 14, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENViRONM~ENTAL DECLAP3~TION Notice of Determination of NOn-Significance APPEAL NO,: 3407 PROJECT NA~: FRANK AND DIANE AMMIRATI This notice is issued pursuant to Part,,617 of the implementing regn!ations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conserva%ion 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 %he reasons indicated below. Please take further notice that this. declaration should not be considered a determination ma~e for any other department or agency which may also have an application pending for the same or simllhr project. TYPE OF ACTION: [ ] Type II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: Special 5xcept~0n to operate retail take-out foo'd specialty store in conjunction with single-family residence. (C-Light Zoning Districtl LOCATION O~ PROJECT: Town of Southold, County of Suffolk~ mo~'e particularly known as:E/sLove Lane~ Mattituck, New York. REASON(S) SUPPORTING THIS DETERMINATION: (i) A~ 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 relief requested is not directly related to new construction. (3) The property in question is not located'within 200 feet of tidal wetlands or other critical environmental area, Southold Town Board of Appeals -4- November 14, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRON~IENTAL DECLArQtTION Notice of Determination of Non-Significance APPEAL NO.: 3373 PROJECT NAME: Ruth Bohn This notice is issued pursuant to Part 617 of the Nnplementing requlations 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 simi].~r pro}ect. TYPE OF ACTION: IX] Type I1 [ ] Unlisted [ ] DESCRIPTION OF ACTION: for approval of insufficient area and width in this proposed redivision. LOCATION OF PROJECT: Town of Southold, County of Saffo!k, mere particularly known as: Beebe Drive, Cutchogu~, NY 103-9-2 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) Approval has been obtained from the N~.Y.S. Department of Environ- mental Conservation and the Suffolk County Department of ~ealth Services. (3) The relief requested is not directly related to new construction. Southold Town Board of Appeals -5~ November 14, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3427 PROJECT NAOmi: ROBERT HUNGERFORD 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 t!le 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 ~r similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for perm~ss~0n to ]0cate accessory garage in frontyard area. LOCATION OF PROJECT: Town of Southold, County o[ Suffolk, more particularly known as: 2460 Grand¥~ew Estates, 0r~ent, New York. REASON(S) SUPPORTING THIS DETE~!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) This project is~located more than lO0 feet from bluff area. (3) Construction proposed is landward of existing structure. Vote of the Board: Ayes: Messrs. Goehringew, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~outhold Town Board of Appeals -6- November 14, 1985 Regular Meeting (Environmental Declarations, continued:) On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to declare the following Environmental Declarations indicating the projects will have negative adverse effects to the environment for the reasons as noted below, 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: Notice of Determination of Non-Significance APPEAL NO.: 3416 PROJECT Na~: EUGENE AND DIANE GIANNONE 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 Envir©nmentat Conservation Law and Local Law .#~4-4 of the Town of Southotd. This board determines the within project no~ to have a signifi- cant adverse effect on the environment for the-~asons indicated below. Please take further notice that this declaration should not be considered a determination made for any othe~ departm,~nt ©r agency which may also have an application pending for the same ~ similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance for perm~ssi0n to construct accessory building in front yard. LOCATION OF PROJECT: To~n of Southold, County ,,F ~uffolk~ u~ore particularly known as: Right-of-Way off Sunset Drive: Mattituck, New York; 1000-106-8-50.~7. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects ~o the environment are !ikel~y to occur should this project be imple- mented as planned; (2)' The property in question is n0% located within 300 feet of tidal wet]ands or other critical environmental area. Southold Town Board of Appeals '-7- November 14, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Nc'~n-Significance APPEAL NO.: 3420 I~ROJECT NAME: Sunbow Associates 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 tile reasons indicated be]_ow. Please take further notice that this declaration shoul¢1 no~ be considered a determination made for any other department or agency wh.ich may also have an application pending for the same or simil~r project. TYPE OF ACTION: [ ] Type It ~D~ Unlisted [ ] DESCRIPTION OF ACTION: Su~-division with permission of Planning Board resulting in insufficient width LOCATION OF PROJECT: Town of Soutl~old, County of Saffolk, more particularly known as: Main Road, LaureL, NY 122-6-29 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 relief requested is not directly related to new construction. (3) The property in q~_~.~g~ion is not located within 300 feet of tidal wetlands or other critical environmental area. Vote of the Board~ Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki~ (Member Goehringer abstained.) This resolution was adopted by a majority plu~ one vote of all the members. Southold Town Board of Appeals -8- November 14, 1985 Regular Meeting 7:37 p.m. Appeal No. 3417. Public Hearing was held in the Matter of BENJAMIN KOWALCHUK for a Variance for permission to locate accessory lawn structure in sideyard area at 3375 Wells Road, Peconic, New York. The Chairman read the legal notice of hearing and appeal applica- tion for the record. Mr. and Mrs. Benjamin Kowalchuk were present for questions, (see verbatim transcript of hearing prepared and filed under separate cover by Linda Kowalski with the Town Clerk's Office for reference). (No objections were received from the public.) Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED~ to conclude/close the hearing at this time pending deliberations and the 15-day posting period as required by S.E.Q.R.A. for public comment, in the Matter of Appeal No. 3417 BENJAMIN KOWALCHUK. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:42 p.m. Appeal No. 3407. Public Hearing was held in the Matter of FRANK AND DIANE AMMIRATI. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish a retail take-out food store in conjunction with a single-family residence at pr~mises known as 730 Love Lanes Mattituck, NY; 1000-140-2-18. (Premises Zoned: "C-Light Industrial.") Moratorium Relief was granted by the Town Board on October 8, 1985. Planning Board comments are~to be submitted on or about November 20, 1985. The Chairman read the legal notice of hearing and appeal appli- cation for the record. Mr. and Mrs. Frank Ammirati were present for questions. Mr. Bill Gasser appeared in objection stating he didn't feel it is within the character of the district~ (See verbatim transcript of hearing prepared and filed by Linda Kowalski 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 Southold Town Board of Appeals -9- November 14, 1985 Regular Meeting (Hearing resolutions, continued, Appeal No. 3407 - AMMIRATI, continued:) RESOLVED, to conclude/close the hearing at this time pending deliberations in the Matter of Appeal No. 3407 FRANK AND DIANE AMMIRATI. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:48 p.m. Appeal No. 3373. Public Hearing was held in the Matter of RUTH BOHN for a Variance for approval of insufficient lot area'and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue which have become merged although have been recog- nized as separate lots by the Suffolk County Health Department and N.Y.S. Department of Environmental Conservation. The Chairman read the legal notice of hearing and appeal appli= cation for the record. Mrs° Ruth Bohn was present for questions .(see verbatim transcript of hearing prepared under separate cover by Linda Kowalski and filed with the Town Clerk's Office for reference)... It is noted for the record that no public opposition was received to this application. Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to conclude/close the hearing at this time pending deliberations and the 15-day posting period as required by S.E.Q.R.A. for public comment, in the Matter of Appeal No. 3373 - RUTH BOHN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:55 p.m. At this point in times Chairman Goehringer left the room and was absent during the entire public hearing in the Matter of Sunbow Associates. A short ~ecess was not necessary and~there- fore was not taken. The board proceeded with the next public hearing. Southold Town Board of Appeals -10- November 14, 1985 Regular Meeting 7:55 p.m. Appeal No. 3420~ Public Hearing. Matter of SUNBOW ASSOCIATES. Variance for approval of insufficient lot width of four parcels. N/s Main Road, Mattituck. B-1 Zoning District. The Chairman Pro Tem (C. Grigonis) read the legal notice of hear- ing and appeal application for the record. John DeReeder was present and spoke in behalf of the applicant, (see verbatim transcript of hearing prepared under separat~ cover by Linda Kowalski and filed with the Town Clerk's Office for reference). It is noted for the record that no public opposition was received to this application. Following the hearing, the board took the following action: On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to close (conclude) the hearing reserving decision iuntil later in the Matter of Appeal No. 3420 - SUNBOW ASSOCIATES. Vote of the Board: Ayes: Messrso Grigonis, Doyen, Douglass and Sawicki. (Member Goehringer was absent during this hearing.) 8:03 p.mo Chairman Goehringer returned and resumed Chairmanship. 8:03 p.mo Appeal No. 3427. Public Hearing. Matter of ROBERT HUNGERFORD. Variance for permission to locate accessory garage in front yard. 2460 Grandview Drive, Orient. The Chairman read the legal notice of hearing and appeal application for the record. Glenn Heidtmann,wbuilder, was present 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). It is noted for the record that no public opposition was received for this application. Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close (conclude) the hearing reserving decision, pending deliberations at a later date. 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~- November 14, 1985 Regular Meeting 8:08 p.m. Chairman Goehringer left the room and was absent dur- ing the entire hearing of Appeal No. 3416 Eugene and Diane Giannone. PUBLIC HEARING: 8:08 p.m. Appeal No. 3416. Matter of EUGENE AND DIANE GIANNONE. Variance for approval of accessory garage as con- structed in frontyard. Sunset Drive, Mattituck. Chairman Pro Tem (C. Grigonis) read the legal notice of hearing and appeal application for the record. Mr. and Mrs. Giannone were present and Mr. Giannone spoke in behalf of the application. For the record it is noted that no public opposition was received for this application. (See verbatim tranSCript prepared under separate cover and filed with the Town Clerk's Office for reference.) Following the hearing, the board took the following action: On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision in the Matter of Appeal No.. 3416 pending deliberations until a later date. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Doyen and Sawicki. (Member Goehringer was absent during this hearing.) This resolution was adopted unanimously by all four members present. Chairman Goehringer returned to the meeting .at 8:17 p..m. APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the October 3, 1985 Meeting. 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- November 14, 1985 Regular Meeting PENDING IMPROVEMENTS TO RIGHT-OF-WAY: Appeal No. 2760 Matter of RICHARD ANDERSON. Conditional approval rendered November 20, 1980. The board members recently i.nspected the improvements m~de~ recently to the right-of-way in question located at Wunneweta Pond at Nassau Point~ Cutchogue, NY, and it was the opinion of the board that the right-of-way was acceptable "as is." The following action was taken: On motion by Mr. Goehringer, seconded by Mr. Grigonis~ it was RESOLVED, that the improvements as inspected'~y the Chairman of recent date be and hereby are accepted, subject to the follow- ing requirements: 1. That the improvements are to be within the legal perimeter of the subject right-of-way; 2. That the right-of-way be continuously maintained at all times in good condition. Location of Property: R-O-W off the west side of Wunneweta Road, Nassau Point, Cutchogue, NY~ County Tax Map District 1000, Section lll, Block 14, Lot 29. This resolution was unanimously adopted. DISCUSSION: The board was updated on the Matter of Appeal No. 2922 FRANK'E. BROPHY in that the Town Attorney has advised that the Board of Appeals is without authority to withdraw or revoke as well as change or modify any prior decisions without proper application, public hearing, etc. The board reiterated its position that the building permit be voided pending formal application to this department for relief desired by Mr. Brophy or otherwise before any construction is started whatsoever. DISCUSSIONS: The board did not act or deliberate on the following pending matters for re-inspections and further obser- vations/research of the areas in question: Appeals No. 3401 and 3415 - PETER AND HELEN PURIC; Appeal No. 3414 - FRED SCHOENBAECHLER~ Southold Town Board of Appeals -13- November. 14, 1985 Regular Meeting PENDING DECISION: Appeal No. 3404: Application of JOHN J. HAAS - Appeal No. 3404. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage structure in the frontyard area, premises identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15; 3325 C.R. 48, Mattituck, NY. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on October 24, 1985 in the Matter of the Application Of J~HN J. HAAS Under Appeal No. 3404; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the north side of County Road 48 (Middle Road), Mattituck having frontage (lot width) of 215± feet and lot area of 1.01± acres, is located in the "A-40" Residential and Agricultural Zoning District, and is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15. 2. Existing on the subject property is a single-family, one- story framed house with attached garage set back a minimum of 80 feet from the front property line, 48 feet from the west property line and 42 feet from the east property line as shown on survey dated January 14, 1963, prepared by Roderick VanTuyl, L.S. 3. By this application, appellant requests permission to locate a 24' by 24' accessory garage structure to be used strictly for garage and storage purposes incidental to the residential use of the premises and not operated for gain (Section 100-30C[2]), in the frontyard area not closer than 50'6" from the front property line along C.R. 48 and not closer than 10 feet to the easterly property line. 4. It is the opinion of the board that in granting the requested location, a precedent would not be set since there are other similar structures in the immediate area located in frontyard S~uthold Town Board of Appeals -14- November 14, 1985 Regular Meeting (Appeal No. 3404 - JOHN J. HAAS decision, continued:) areas, and in view of the fact that the proposed structure twill meet the minimum frontyard setback presently required for principal structures. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested not substantial; (b) there will be no substantial change ih the character of this district since there are other properties with accessory buildings in the frontyard area; (c) the relief as qranted will not cause a substantial effect or detriment to adjoining properties since the accessory building will be set back at l~as~..50 feet from the front property line; (d) the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a 24' by 24' accessory garage/storage building applied under Appeal No~ 3404 in the Matter of JOHN J. HAAS, be and hereby IS GRANTED TO BE LOCATED IN THE FRONTYARD AREA NOT LESS THAN 50 FEET FROM THE FRONT PROPERTY LINE, AND NOT LESS TNAN 10 FEET FROM THE EASTERLY PROPERTY LINE, AS APPLIED, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject accessory building be shielded/screened (as is presently) with trees; 2. The subject accessory building shall never be converted for sleeping or bunk quarters, or any other use not permitted by Article III, Section 100~30(C)[2] of the Zoning'Code (shall be for residential storage and garage purposes); 3. There be no overhead lighting which may be obtrusive to neighboring properties or traffic. 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 -15- November 14, 1985 Regular Meeting PENDING DECISION: Appeal No. 3410: Application o~ CLIFFORD CORNELL Appeal No. 3410. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permis- sion to locate proposed single-family dwelling structure with an insuffi- cient rearyard setback, premises identified on the Suffolk County Tax Maps as District 1000, Section 48, Block 2, Lot 9, located on the North Side of Flint Street, Greenport, NY; Greenport Driving Park Map No. 369, Lot 84. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on October 24, 1985 in the Matter of the Application of CLIFFORD CORNELL under Appeal No. 3410; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the north side of Flint Street, Green~ort havin§ a frontage (lot width) of 50 feet and lot area of 3,920± sq. ft in area, and is referred to as Subdivision Lot #84 of Subdivision Map of Greenport Driving Park, further identi- fied on the Suffolk County Tax Maps as District 1000, Section 48, Block 2, Lot 9. 2. The subject premises is vacant at the present time, except for encroachments along the easterly property line as shown on survey dated August 14, 1985, prepared by Roderick VanTuyl, P.C. 3. By this applicant, appellant requests permission to locate a single-family dwelling with an insufficient rearyard setback at not less than 27 feet from the northerly property line abutting Long Island Railroad premises. 4. Article III, Section 100-31~ Bulk Schedule of the Zoning Code as pertains to lots in the "A" Zoning District requires a minimum rearyard setback at 35 feet, and the relief requested is a maximum of 23%, or eight feet from the requirements. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is Southold Town Board of Appeals -16- November 14, 1985 Regular Meeting (Appeal No. 3410 - CLIFFORD CORNELL, continued:) not substantial; (b) there will be no substantial change in the character of this district since there are other properties with structures at similar setbacks; (c) the relief as condi- tionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass~ it was RESOLVED, that the relief requested under Appeal No. 3410 in the Matter of the Application of CLIFFORD CORNELL for per- mission to locate single-family dwelling with an insufficient rearyard setback at not less ~han 27 feet as applied~ BE AND HEREBY IS APPROVED provided that all other zoning setback requirements be complied with. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3413: Application of ANTONE GRIGONIS, JR. Appeal No. 3413. Variance pursuant to New York Town Law, Section 280A, for approval of access over private right-of-way located off the South Side of Old North Road, Southold, NY, to premises in this proposed set-off division a distance of 655 feet, identified on the Suffolk County Tax Maps as District 1000, Section 55, Block 2, part of Lot 8.1. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on October 24, 1985 in the Matter of the Application of ANTONE GRIGONIS, JR. under Appeal No. 3413, and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition, and WHEREAS, the board made the following findings of fact: Southold Town Board of Appeals -17- November 14, 1985 Regular Meeting (Appeal No. 3413 ANTONE GRIGONIS, JR., continued:) 1. The property to which appellant is requesting approval of access to is located in an "A-80'j Residential and Agricultural Zon- ing District and is a part of premises owned by the applicant of 80,000 sq. ft. in area, to be set off from a ll.49-acre parcel, known and identified on the Suffolk County Tax Maps as District 1000~ Section 55, Block 2, part of Lot 8.1. 2. The right-of~way in question is situate along the south side of Old North Road, Southold~ and extends in a southerly direc- tion a length of 650.64 feet (435.50 and 215.14 feet) as shown on survey amended October 10~ 1985, prepared by Roderick VanTuyl, P.C. 3. The present traveled portion of the subject right-of-way is on original ground, 8± feet in width, and is about 500 feet in length before turning to the right and out of the 50-foot right-of-way. The existing profile for the first 500 feet is fairlx level; the remaining profile, 150± feet in length~ gradually rises to about four feet higher at the end of the 650-foot length° 4. Submitted for the record is a copy of deed dated August 18, 1973 which indicates that reservation is made to Antone J. Grigonis, Jr. and Estelle Grigonis~ their heirs, legal representatives and assigns, the right to use the subject 50-foot wide right-of-way. 5. After inspection and reinspection, it is the opinion of the board members that improvements are necessary to provide suitable access as required by New York Town Law, Section 280-a, for emergency and other vehicles (.as noted below). In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district ; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants 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. Sawicki, seconded by Mr. Douglass, it was Southold Town Board of Appeals -18- November 14, 1985 Regular Meeting (Appeal No. 3413 - ANTONE GRIGONIS, JR., decision, continued:) RESOLVED, that the relief requested under Appeal No. 3413 in the Matter of the Application of ANTONE GRIGONIS, JR. as required by New York Town Law, Section 280-a, BE AND HEREBY IS APPROVED 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; and 2. The r~ght-of-way shall have an improved width of 15 feet for the ehtire _650 feet in lepgth, improved as follows: (a) First 50L in length~ no excavation is required, and placement of four inches [4"] of stone blend/bank run mixture [20% gravel] and two inches [2"'] stone blend or crushed, recycldd concrete~ (b) Remaining 600 feet in length shall be excavated four inches [4"] deep (entire 15' width) and replaced with four inches [4"] gravel bankrun (20% gravel mixture); 3. These improvements shall be maintained at all times ~n good, satisfactory condition; 4. That the Zoning Board of Appeals may make any reasonable exception as in its jud.gment it deems appropriate under the circum- stances concerning acceptance of the improvements of this right- of-way~ 5. This 280-a variance with conditions is not to be recog- nized as approval of access for any other lots which may be established in any future set-off divisions or subdivisions, unless so recommended in writing, by the Building Inspector and filed with the Office of the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained.) This resolu- tion was adopted by a majority of all the members present. NEXT REGULAR]iMEETI~G: On motion by Mr. Goehringer, seconded by Mr. Sawick~, it~wa~ RESOLVED, to set Thursday, December 5~ 1985 as the date of the next Regular Meeting and public hearings before this board to commence at 7:30 p.m. and to be held at the Southold Town Hall, Main Road, Southold, New York~ Southold Town Board of Appeals -19- November 14, 1985 Regular Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PUBLIC HEARINGS FOR DECEMBER 5~ 1985: On motion by Mr. Doyen, seconded by Mr. D~uglass, it was RESOLVED, that the following public hearings be and hereby are scheduled to be heard commencing at 7:35 p,m. and as follows at the December 5, 1985 Regular Meeting Of this Board, and b6~it FURTHER RESOLVED~ that Linda Kowalski is hereby authorized and directed to advertise notice of same in the Suffolk Times and L.I. Traveler-Watchman accordingly: 7:35 p.m. EDWARD AND NORMA BURTON. Variance to locate accessory storage shed in an area other than the required rearyard. 12960 Main Road, East Marion. 7:40 p.m. EMILIA T. PIKE. Variance for approval of insuffi- cient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel l, in this proposed division of land located at the north side of Main Road, Mattituck. 7:45 p.m. JAMES AND MARY TYLER. Special Exception to estab- lish and build public garage at 6795 Main Road, Laurel. 7:50 p.m. HOWARD AND BARBARA DILLINGHAM. Variance for approval of construction of greenhouse addition with insufficient setback from the south (easterly) side line at not less than 16 feet and insuffici- ent total sideyards at not less than 31 feet. 1900 Aldrich Lane, Laurel. 7:55 p.m. LONG ISLAND SHORES, INC. Variance for approval of insuffici'ent area of four proposed parcels and lot width of two parcels. N/s CR 48, Greenport. 8:05 p.m. Recessed hearing of STAMATIOS AND ELENI RAPANAKIS. Appeal NOo 3415. Variance to reinstate nonconform- ing two-family dwelling use. Boisseau Ave, Southold. 8:10 p.m. GAIL DESSIMOZ AND MICHAEL RACZ. Variances: (a) for permission to' expand existing nonconforming cabin [guest cottage without kitchen facilities; (b) for permission to construct addition to non- conforming Cabin within 100' of bluff along LI Sound. 4255 Hallock Lane, Mattituck. Vote of the Board: Ayes: Mes~rs~ G~e~hringer, Grigonis, Doyen, Douglass and Sawicki. ~Th~s~resolutlon.was adopted by-Unanimous Southold Town Board of Appeals -20- November 14, 1985 Regular Meeting (Public Hearings for ~ecember 5, 1985, continued:) vote of all the members. ADDITIONAL PUBLIC HEARING for 12/5/85: On motion by Mr. Doug- lass, seconded by Mr. Grigonis, it was RESOLVED, to schedule Appeal No. 3422, application of ROBERT A. CELIC, Variance to establish access to and from Marlene Lane for of-~-~-~-~_street-parking which will be located ~ess than 50 feet from property abutting the Main Road, the nearest street intersection (Art. VII, Section 100-71), at Mattituck, New York, for a public hearing to be held THURSDAY, DECEMBER 5, 1985 at 8:25 p.m. Vote of the Board: Ayes: Messrs. Grigonis, Douglass~ Doyen and Sawicki. (Chairman Goehringer abstained from vote.) This resolution was adopted. UPDATE OF PENDING APPLICATIONS: The following matters were updated as to their present status, which are noted as follows: Appeal No. 3382 - MATTITUCK HARBOR ASSOCIATES. For approval of insufficient area of four lots. S/s New Suffolk Avenue, Mattituck. This matter is tentatively scheduled for public hearing 1/9/86. Appeal No. 3421 ESTATE OF JOSEF ZIELONKA. Variance to reinstate business use. N/s Main Road, Cutchogue. Await floor plans, parking plan, pre-CO, etc. Appeal No. 3411 - ANDREW FORKLAUD. Variance for approval of renovations/repair of accessory building. W/s Lipco Road, Mattituck. Await floor plans, Pre CO or other~ written report from Building Department and applicant. Appeal No. 3412 CRAMER AND HERZWEIG. For approval of insufficient setback from wetlands. E/s Meadow Lane, Mattituck. Await Trustees' action and SEQRA reviews. Appeal No. 3196 ~IRGiINIA HAIRSTON. For approval of two lots with two existing houses insufficient lot area and width. Carroll Road, Peconic. Await Pre-CO from applicant/Building Department. November 14, 1985 Regular Meeting Southold Town Board of Appeals -21- (Updated Reviews, continued:) Appeal No. 3426 - GERALD DOROSKI. For 280A, approval of access, to lots in proposed subdivision. N/s CR 48, Peconic. Await road engineer appointment and inspection/report. Appeal No. 3424 ELEANOR LEONARD. For approval of insufficient lot area an-d width. Await DEC, Article VI and P1 Bd. Appeal No. 3418 - GRETCHEN HEIGL. For approval of insufficient lot area, width and 280-A. N/s Soundview Ave, Peconic. Await DEC, Planning Board, additional ROW and bluff information. Appeal No. 3354 - LONG ISLAND SHORES. For approval of insuffi- cient lot width. Await additional bluff and building envelope information. Await Soil Conservation District inspection/report- CR 48, Greenport~ Appeal No. 2395 - GARY DOROSKI. ~roposed swimmi.'ngpool~"with insufficient setback from wetlands. Await DEC and Trustees actions. Monsell Lanes Cutchogue. Appeal No. 3403 ANNA LORIA (Sujeski/Saba)- For approval of insufficient lot area and width of lot to be set-off. Await County Health Department Article VI action. New Suffol'k, New York. Appeal No. 3342 - PHILIP REINHARDT. Insufficient area, etc. Await County Health Article VI. Appeal No. 3371 FLORENCE ROLLE. Insufficient area, etc. Await County Health Article VI and Planning Board. Appeal No. 3355 PAUL CANALIZO. Proposed new dwell~ing with insufficient setback from wetlands, etc. E?s Meadow Lane, Mattituck- Await Trustees and DEC actions. Appeal No. 3299- DOUGLAS MILLER. Insufficient area. Laurel Lake, Mattituck-Laurel. Await DEC and Co. Health. Appeal No. 3274 - BEST, SCHMITT, SYVERSON. Proposed division (three lots), Camp Mineola Road, Mattituck. Await County Health Art. VI, DEC & additional information. Appeal No. 3259 NICHOLAS ALIANO. Business zone. Await Town Board application and further instructions ns well as PB and Village of Greenport contracts. Southold Town Board of Appeals -22- November 14, 1985 Regular Meeting (Updated reviews, continued:) Appeal No. 3249 - DONALD BRINKLEY. Insufficient area, etc. Await contour map, DEC, County Health and PB. Appeal No. 3214 HANAUER & BAGLEY. Await map and DEC/County Health. Appeal No. 3183 - MARY CODE, Insufficient area, etc. Await DEC and PB applications. Appeal No. 3371 - LOIS LESNIKOWSKI. Insufficient area, etc. Await DEC. Appeal No. 3298 - PORT OF EGYPT. Business property. Await Town Board application under moratorium, site plan information, DEC, PB, County Health approvals. S/s Main Road, Southold. Appeal No. 3391 BRUCE STAIGER. Public Hearing date request for April 1986 by applicants. Two merged parcels for re-separation with insufficient lot area and width. Cleared by County Health Department and DEC. S/s Wells Road, Peconic. Application for LOIS THORP. Incomplete as of this date. Variance proposed for insufficient lot area, etc. Appeal No. 3389 - THEODORE PETIKAS. Held under moratorium restriction. No further processing until Town Board application/action is given. B-Light Zone. There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at ~:35 p.m. Respectfully submitted, Linda F. Kowalski, Secretary //~~~/~ South old Town Board of Appeals A~q~rove-d - 1/9/~6 ,/ ! ~CEIVED ~E~NI) F~LED BY " /q3erard P. Goehringe~/Chairman ~ ~OO~©~I) TO~ C~ VERBATIM TRANSCRIPT OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING HELD NOVEMBER 14, 1985 Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Robert J. Douglass, and Joseph H. Sawicki, constituting all five members of the Board of Appeals. Also present were Victor Lessard, Building-Department Administrator~ Linda Kowal- ski, Secretary-Clerk to the Board of Appeals, and approximately 18 persons in the audience at the beginning of the meeting. PUBLIC HEARING: 7:37 p.m. Appeal No. 3417. Matter of BENJAMIN KOWALCHUK for a Variance for permission to locate accessory lawn structure in sideyard area at 3375 Wells Road, Peconic, New York. The Chairman read the legal notice of hearing and appeal appli- cation for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated February 4, 1981, indicating a sketched, inked-in shed, approximately 15 feet from the north property line and building plans indicating a 8' by 10' shed. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would somebody like to be heard in behalf of this application? BENJAMIN KOWALCHUK: I'm Benjamin Kowalchuk~ and the reason I'm going through this process is my next door neighbor, the Weidmans, directly north of me, plan to build an extension on the back of their house, and if my shed projects out, it would not only block their view but the Hortons, who are north of the Weidmans~ it would block their view, and the Stagers. So, wherever I put that shed in the back yard, it blocks someone's view. And if I put it along side of my house, it really doesn't block anybody's view because my house blocks their view and it's in line with the view of the house. MR. CHAIRMAN: Are you planning to put any electricity in this? MR. KOWALCHUK: No. It will just be a storage shed only. MR. CHAIRMAN: And it appears it would be of wood construction? MR. KOWALCHUK: Yes. Pa ge 2 Transcript of Hearings November 14, 1985 Regular Meeting MR. CHAIRMAN: I thank you very much. Let's see what develops during the hearing. MR. KOWALCHUK: Thank you. MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None). Let me just ask you one more question, Mr. Kowalchuk, if I could. Is there any particular reason why you pushed it back 85 feet, why you didn't start at the corner of the house? MR. KOWALCHUK: No, I just wanted to make sure that it complied with the new ordinance that you had to have an 80' setback from the water. That's all. I just wanted to be safe. MR. CHAIRMAN: Ok. Thank you very much. Hearing no further questions, I'll make a motion closing (concluding) the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing, reserving decision until a later time. This resolution was unanimously adopted. 7:42 p,m. PUBLIC HEARING: Appeal No. 3407. Matter of FRANK AND DIANE AMMIRATI. Special Exception to the Zoning Ordinance, Ar~icle---~-TI, Section 100-80 for permission to establish a retail take-out food store in conjunction with a single-family residence at premises known as 730 Love Lane, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-18. (Premises Zoned: "C-Light Industrial") Moratorium relief was granted October 8, 1'985 by the Town Board. The Chairman read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a survey from Peconic Surveyors dated September 29, 1985 indicating a two-story frame building approximately 86 feet from Love Lane, 21 feet from the north property line and showing a blacktop existing driveway for seven Page 3 Transcript of Hearings - ZBA NOvember 14, 1985 Regular Meeting (Appeal No. 3407 - Hearing continued for FRANK AND DIANE AMMIRATI:) CHAIRMAN (continued): cars and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area~ Mr. Ammirati, would you like to be heard? MR. FRANK AMMIRATI: areas. I ~l~so did .an inside sketch of the store MR. CHAIRMAN: Good, thank you. Chairman for the record.) (Copy of sketch given to MR. CHAIRMAN: This is presently a three-family house? MR. AMMIRATI: Yes. It is. MR. CHAIRMAN: And you will be seeking if this application is granted what change in that particular status? MR. AMMIRATI: We would just be living upstairs, and we're taking over the west side apartment. That's why you see right there. And once we get going then the east side apartment would be vacated and then expand into there also. MR. CHAIRMAN: the parking? What has the Planning Board said concerning MR. AMMIRATI: I got .a call from Diane that everything--they have given us the ok. The only thing they have asked for is on the Peconic Surveyor survey, if you noticed, the first time when we had the first survey done, George Fisher did it, and he put a service driveway in on the north side to come into the back porch there. And that wasn't on the Peconic Surveyor's. This morning I was there and they're making a new survey for them, and every- thing, they've .given us the ok. They have no objection to it. I might also make the point that the blacktop in the back is also--there's approximately about five spaces there for cars also, so really you really have about 12 spaces~ Because once we put in the other driveway, our car will be on the other side for us. MR. CHAIRMAN: Ok. What physical changes of..the~building are you anticipating at this time? Page 4 Transcript of ZBA Hearings November 14, 1985 Regular Meeting (Appeal No. 3407 - Hearing for FRANK & DIANE AMMIRATI Matter, continued:) MR. AMMIRATI: Only to put a window in on the west side. You can see the bay window in the front~ Everything else will stay "as.is." MR. CHAIRMAN: Ils there anything you would like to add to the application that you have not placed in the application itself con- cerning the take-out of foods,, or-- MR. AMMIRATI: Well, I think I'm enhancing an area. I have two marinas on the north side of us. A tot of people do walk through town. And we're giving people something that's not there. You know, it would be something to walk around, some place of business, you know, enhance the Love Lane area a little next to that tank museum there. MR. CHAIRMAN: Ok. I thank you very much. We'll see what develops dur~ng the hearing. Is there anybody else that is present that would like to speak in behalf of this application? Anybody like to speak against the application? Yes, sir. Just state your name please. BILL GASSER: I'm Bill Gasser. I run the tank museum. Small objection only. I don't believe it would be within the character of the street but if properly done--I have no other objections. MR. CHAIRMAN: Thank you, sir. Is there anybody else that would like to speak against the application? Questions from board members? (None) Hearing no further questions, I'll close the hearing reserving decision. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing reserving decision. This resolution was unanimously adopted. 7:48 pom. PUBLIC HEARING: Appeal No. 3373. Matter of RUTH BOHN. Variance for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue, which have become merged. The Chairman read the legal notice of hearing and appeal application for the record. Page 5 Transcript of ZBA Hearings November 14, 1985 Regular Meeting (Appeal No. 3373 - RUTH BOHN, Hearing, continued:) MR. CHAIRMAN: I have a copy of a survey dated July 12, 1985 indicating the house lot of 41,900 sq. ft. and Lot #2 which is(also) the nature of this application of 39,147 sq. ft. And I have a copy of the Suffolk County Tax Map showing this and surrounding properties in the area. I believe I have a letter from the Planning Board. SECRETARY: That's it, only that they wish to hold their opinion in abeyance. MR. CHAIRMAN: I have a letter that says: ...June 26, 1985 The Planning Board reviewed the above mentioned application at its Regular Monthly Meeting of June 24, 1985. It was the consensus of the board to hold this application in abeyance pend- ing the action of the Board of Appeals regarding the insufficient area and width variances .... MR. CHAIRMAN: Mrs. Bohn, would you like to speak? MRS.RUTH BOHN: I have an aerial view if you would like. MR. CHAIRMAN: I stepped in the water taking a picture of the lot. That's great. (Mrs. Bohn gave the Chairman ~ aerial view pictures of the premises in question for the record temporarily.) Is there anything you would like to add to your application? MRS. BOHN: I see no reason why it shouldn't be granted. MR. CHAIRMAN: Ok. Let's see what develops during the hearing. Thank you very much. Is there anybody else that would like to be heard in behalf of the application? Anybody against the application? Hearing no further comments, I'll ask any board members if they have any? (None) 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 reserving decision~ This resolution was unanimously adopted. We hope to have a decision for you by the next meeting. Would Page 6 Transcript of ZBA Hearings November 14, 1985 Regular Meeting (Appeal No. 3373 RUTH BOHN, continued:) you like these pictures back or can we have them for the file? MRS. BOHN: When you're finished, I would like them back. MR. CHAIRMAN: All right. Member Goehringer left the room for the next hearing and Member Grigonis was Chairman Pro Tem. 7:55 pom. PUBLIC HEARING: Appeal No. 3420. Matter of SUNBOW ASSOCIATES. Variance for approval of insufficient lot width of four parcels. N/s Main Road, Mattituck. B-1 Zone. The Chairman Pro Tem read the legal notice of hearing and appeal application for the record. CHAIRMAN GRIGONIS: I have a copy of a section of the Suffolk County Tax Map showing this and surrounding properties in this area and also a layout showing the four lots, each 126.79 feet along the Main Road (Route 25)° Is there anybody here for this application? Do you wish to add anything to this? JOHN DeREEDER: I did submit this in behalf of Sunbow Associates. Basically, we have a lot here that's large enough for six 30,000 sq. ft. lots. For practical purposes we can only get five because in order to put in more than four, we'd really have to add a road which would come out of our bulk. For this type of subdivision, we need 120,000 for four 30,000 sq. ft. lots. We have over 180,000, so we're certainly not looking for anything in the way of bulk. Practically speaking, we don't have to come before you for an appeal (continued on page 7) Page 7 Transcript of ZBA Hearings November t4, 1985 Regular Meeting (Appeal No. 3420 - SUNBOW ASSOCIATES, Public Hearing continued:) MR. DeREEDER continued: with this nature. We can come up with various subdivision plans that will not need any variances whatsoever, it's just in all cases with what we've come up with so far, if we're doing it without variances, they're poor plans. I have a number of them I'll leave with you which were sketches I inked just to show the kind of ways we're looking at this to come up with a lot plan that did not require variances. They stink. There's something wrong with each one. Most of them are just very poor planning and looking to satisfy the rule rather than make the property a good subdivision. I'll leave them with you. That's it. Thank you. (Copies of alternative sketches were left with the Chairman for the record.) CHAIRMAN GRIGONIS: There's one more thing. We don't have' a Notice of Disclosure that would indicate the officers and whether they may be town employees. MR. DeREEDER: I thought I had submitted that. to you tomorrow. Thank you. I'll get it MR. CHAIRMAN: Is there anyone else to speak for this applica- tion? Anyone against it? Questions from the members? (None) I'll offer a resolution closing the hearing reserving decision. On motion by Mr. Grigonis~ seconded by Mr. Doyen, it was RESOLVED, to close (conclude) the hearing reserving decision. This resolution was unanimous adopted by all four members present. (Member Goehringer was absent during the entire hearing.) 8:03 p.m. Member Goehringer returned and resumed Chairmanship. 8:03 p.m. PUBLIC HEARING: Appeal No. 3427. Matter of ROBERT HUNGERFORD. Variance for permission to locate accessory garage in the front yard. 2460 Grandview Drive, Orient. Page 8 Transcript of ZBA Hearings Southold Town Board of Appeals (Appeal No. 3427 - ROBERT HUNGERFORD, Public Hearing continued:) The Chairman read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey dated, it seems to be cut off, prepared by Roderick VanTuyl, P.C. indicating a placement of a garage approximate'ly 80 feet from Grand View Avenues 50 feet from the east p~.oper'ty li?e, and I'll ask the builder about the west property line, and approximately 1~30 feet from what appears to be the highwater mark here. However, I did take a measurement on it. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Heidtmann, would you like to be heard? GLENN HEIDTMANN: I think we're dealing with something like you said that was built in 1915. As far as the rear yard measure- ments are concerned, we have a bluff out there and the house was already moved back once, which I believe was done about ten years ago. The measurement, a rough estimate, would be between 35 and 40 feet from the front corner to the bluff, and from the other side of the bluff a maximum of 50 feet, so that there's absolutely no possibility of putting this garage in the rear yard. Now the location that we did pick out, that you have already stated, is in a wooded area, and the Spring, Summer and Fall months, it's absolutely obscured from all view from the front and both sides. As far as usage of it is concerned, it's strictly a two-car garage. I can't think of anything else to say. MR. CHAIRMAN: It will only be used for storage purposes? MR. HEIDTMANN: Strictly to garage their car. That's it. You should have a plan there. It's 24' by 24' MR. CHAIRMAN: Is that correct, Mr. Heidtman, approximately 80' from Grandview Avenue? MR. HEIDTMANN: Yes. MR. CHAIRMAN: Ok. And the only thing I don't have-~ I do have 15 feet from the, I think west property line. MR. HEIDTMANN: From that corner that's a 15+ ft. measurement. I don't know the accurate measurement but it is well over 15 feet. Page 9 Transcript of ZBA Hearings November 14, 1985 Regular'Meeti'ng (Appeal No~ 3427 'ROBERT HUNGERFORD, Hearing continued:) MR. CHAIRMAN: Ok. And for the record, I went up there and measured it from the bluff on a very windy day-- MR. HEIDTMANN' One~hundre.d tbir'ty-se~en I]37) fee~t? MR. CHAIRMAN: Well, I had a 50~foot tape~ So in two pieces it came'out pretty close. So i% was ~ery good~ Thank you very much. Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (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. Douglass, it was RESOLVED, to close (conclude) the hearing reserving decision. This resolution was unanimously adopted. Chairman Goehringer left the room at 8:08 and was absent during the entire hearing of Appeal No. 3416 - EUGENE AND DIANE GIANNONE. PUBLIC HEARING: Appeal No~ 3416: Matter of EUGENE AND DIANE GIANNONE~ Variance for approval of accessory garage as constructed in frontyard. Sunset Drive, Mattituck. The Chairman Pro Te~ read the legal notice of hearing and appeal application for the record° CHAIRMAN GRIGONIS: add to the application? Is there anything more you would like to MR. GIANNONE: The whole parcel is 7½ acres. The house is about 200 feet off the front line~ To put the garage in the back would be kind of a long driveway. We have nothing else to add. MR~ CHAIRMAN: All right~ thank you. Is there anyone else to Page 10 Transcript of ZBA Hea~ings November 14, 1985 Regular Meeting (Appeal No. 3416 - EUGENE AND DIANE GIANNONE, Hearing, continued:) CHAIRMAN (continued): speak for the application? Anyone want to speak against the application? Do the board members have any questions? (None) I'll offer a resolution closing the hearing and reserving decision. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve deci- sion. This resolution was adopted by unanimous vote of the four members present. (Member Goehringer was absent during this hearing. ) Pp. 1 through lO. Respectfully Submitted, ~ ~- ~] tary ~~F. Ko~w~a~ski~ S~eL~c~e Southo]d To~n Board of ^ppea]s