HomeMy WebLinkAboutZBA-10/24/1985 Southold Town Board of Appeals
HAIN ROAD--~TATE ROAD 25 BOUTHOLD, L.I., N.Y. 11cj71
TELEPHONE (516) 76~-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER. CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI ~ T N U T E S
REGULAR MEETING
THURSDAY, OCTOBER 24, 1985
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday, October 24, 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; Serge Doyen; and Joseph H.
Sawicki~ constituting all five members of the Board of Appeals.
Also present were Victor Lessard, Building-Department Administrator,
and approximately 15 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 hearings
tonight 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 Quality Review Act of the Environmental ~Conservation
Law, and Local Law adopted July 25, 1978, Chapter 44, of the Town
of Southold:
Appeal No. 3410 CLIFFORD CORNELL (continued on page 2)
~So6t6old Town Board of Appeals -2- October 242 1985 Regular Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLA~iON
Notice of Determination of Non-Significance
APPEAL NO.: 3410
PROJECT NAME: CLIFFORD CORNEL[
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article $ 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-~asons 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 IX] Unlisted [ ]
DESCRIPTION OF ACTION: Insufficient rearyard setback for
new dwelling.
LOCATION OF PROJECT: ~own of Southold~ County of Suffolk, more
particularly known as: Flint Street, Greenp0rt~ NY; ]000-48-2-9.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted ~hich indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet
of tidal wetlands or other critical environmental area specifically.
Southold Town Board of Appeals -3- October 24, 1985 Regular Meeting
NEGATIVE ENVIRONMI~NTAL DECLAR3~TION
Notice of Determination of Non-Significance
APPEAL NO.: 3404
PROJECT NA~: JOHN J~ HAAS
This notice is issued pursuant to Part 617 of the implcmenting
regulations pertaining to Article 8 of the N.Y,S, Environmental
Quality Review Act of the Environmental. Conservation Law and Local
Law #44-4 of the Town of Southold,
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
'which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [ ] Type II IX] Unlisted [ ]
DESCRIPTION OF ACTION: Permission to construct accessory
building in frontyard.
LOCATION OF PROJECT: Town of Southo!d~ County of Suffolk more
particularly known as: C.R. 48, Mattituck, New ¥O¥k. '
1000-]4]-2-]5.
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;
('~) The property in question is'-'not-located Within 300 feet
of tidal wetlands or other critical environmental area specifically.
~outhold Town Board of Appeals -4- October 24, 1985 Regular Meeting
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: '3413
PROJECT NAMe: ANTONE GRIGONIS, JR.
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.YoSo Environmental
Quality Review Act of the Env~ronmentai 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 s~milar
project.
TYPE OF ACTION: [ ] Type II [X] Unlisted [ ~
DESCRIPTION OF ACTION: Appr0v~l of access over private
right-of-way (280-A).
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: R0~ 0fl 0Id North R0ad~ S0uth0ld, NY~
REASON(S) SUPPORTING THIS DETEkMINATION:
(!) 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 variance ~s not d~rectly related to new construction.
(3) The property in question is ~not-located within 300 feet
of tidal wetlands or other critical environmental area specifically.
Southold Town Board of Appeals -5- October 24, 1985 Regular Meeting
NEGATI~ ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPF~L NO.: 3415 -
PROJECT NASIE: PETER AND HELEN PURIC
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.YoS. 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~r~asons 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 IZ ~ Unlisted f ]
DESCRIPTION OF ACTION:
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly kno~n as: 1250 Second Street~ New Suff0]k, NY.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the enviro~ent are likely to occur should this project be imple-
mented as planned;
'C2) The property in question is not'loca'ted within 300 fee~
of tidal wetlands.
§iouthold Town Board of Appeals -6- October 24, 1985 Regular Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3405
PROJECT NAME: Stamati0s and Eleni Rapanakis
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 mane for any other department or agency
which may also have an application pending for the same or similhr
project.
TYPE OF ACTION: [ ~] Type II [X] Unlisted [ ]
DESCRIPTION OF ACTION: Reinstate nonconforming two-family use.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 2030 B0isseau Avenue, South01d, N¥~
]000-055-06-040.
REASONIS) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned~
('2) The property in question is not l.ocated within 300 feet
of tidal wetlands or other critical environmental area specifically.
Southold Town Board of ApPeals -7- October 24, 1985 Regular Meeting
(Environmental Declarations, continued:)
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3414
PROJECT NA/%E:~JQHNBERTANI'for'FRED SCHOENBAECHLER
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 Southoid.
This board determines the within project not 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 other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: IX] Type ti [ ] Unlisted [ ]
DESCRIPTION OF ACTION: New dwelling with an insufficient
fr0ntyard setback.
LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more
particularly known as: 950 Gagen's Landing and 2325 C]earview Avenue,
S0uth0]d~ NV; ]000-70-10-24.
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 environmen~ are likely to occur should this project be imple-
mented as planned;
~-) The property in question iS'-~ot located within 300 fe~'~
of tidal wetlands or other specific critical environmental area~
Vote of the Board: Ayes: Messrs. Goehringer~ Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
Southold Town Board of Appeals -8- October 24, 1985 Regular Meeting
Z~35 p.m. Appeal No. 3410. Public Hearing was held in the
Matter of CLIFFORD CORNELL. Variance to the Zoning Ordinance,
article III, Section 100-31, Bulk Schedule, for permission 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.
The Chairman read the legal notice of hearing and appeal
application for the record. Joseph C. Cornell was present and
spoke in behalf of the 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 conclude (close) the hearing at this time
pending deliberations in the Matter of Appeal No. 3410 for
CLIFFORD CORNELL.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Mr. Cornell also thanked the board for their recent decision
concering his son's property along the south side of C.R. 48 in
Peconic (Ruth Enterprises)
7:43 p.m. Appeal Noo 3404. Public Hearing was held in the
Matter of JOHN J. HAAS. 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 lO00, Section 141, Block 2, Lot 15;
3325 C.R. 48, Mattituck.
The Chairman read the legal notice of hearing and appeal application
for the record. John Haas 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
Southold Town Board of Appeals -9- October 24, 1985 Regular Meeting
(Appeal No. 3404 - J.J.HAAS, hearing resolution, continued:)
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. Grigonis, ~t was
RESOLVED, to conclude (close) the hearing in the Matter of
Appeal No. 3404, for JOHN J. HAAS 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.
7:46 p.m. Appeal No. 3413. Public Hearing was held in the
Matter of ANTONE GRIGONIS, JR. Variance for approval of access,
New York Town Law, Section 280A. S/s Old North Road, Southold, NY.
County Tax Map Noo 1000-55-2-8.1.
The Chairman read the legal notice of hearing and appeal
application for the record. Robert Grigonis 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 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 conclude (close) the hearing pending deliberations
and re-inspection at another date.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Doyen and Sawicki. (Member Grigonis abstained.) This resolution
was declared duly adopted.
APPROVAL OF MINUTES: On motion by Mr. Douglass, seconded
by Mr. Grigonis, it was
RESOLVED, to approve the minutes of the September 26, 1985
Special Meeting as submitted.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
Southold Town Board of Appeals -10- October 24, 1985 Regular Meeting
(Approval of Minutes, continued:)
unanimous vote of all the members.
7:55 p.m. Appeals No. 3415 and 3401. Public Hearings were
opened simultaneously in the Matters of PETER AND HELEN PURIC.
Appeal No. 3415 for a Variance to Section 100-31 for permission
to construct addition which exceeds the maximum-permitted 20% lot
coverage requirements (and with the insufficient total sideyards
and reduction of the northerly sideyard as applied under Appeal
No. 3401); and Appeal No. 3401 for a Variance to Section lO0-31
for permission to construct addition with reduction in total side-
yard area, at 1250 Second Street, New Suffolks NY; 1000-117-07-23.
The Chairman read the notices of hearings and appeal
applications for the record. Earl T. Miles, Esq. appeared and
spoke in behalf of both applications. For the record, it is
noted that no public opposition was received. (See verbatim
transcript of hearings from October 3rd and tonight, 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 Messrs. Sawicki
and Douglass, it was
RESOLVED, to conclude the hearing under later in the Matters
of PETER AND HELEN PURIC, Appeals No. 3415 and 3401.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
8:00 p.m. Appeal No. 3405~ Public Hearing was held in
the Matter of STAMATIOS AND ELENI RAPANAKIS for a Variance to
the Zoning Ordinance, Article XI, Section lO0-118(D) for permission
to reinstate nonconforming two-family dwelling use at 2030 Boisseau
Avenue, Southold, NY; County Tax Map District 1000, Section 55,
Block 6, Lot 40.
The Chairman read the notice of hearing and appeal applica-
tion for the record. The applicants did not appear. Edward Boyd V,
-- Esq., attorney ~n opposition, submitted a letter on behalf of
certain owners of real property adjacent to and in the vicinity
of the above-described subject parcel (names not given), objecting
Southold Town Board of Appeals -ll- October 24, 1985 Regular Meeting
(Appeal No. 3405 - STAMATIOS AND ELENI RAPANAKIS, hearing, resolution:)
to the scheduling and holding of this matter for public hearing ~oday
and~calling upon the Board to uphold the requirements fort proper
notice by certified mail of the required no~ice as noted~n his
October 18, 1985 letter, a~d demanding that adequate notice be
given prior to th~ scheduling of a public hearipg. He further
demanded that the hearing, set for October 24th be postponed until
such notice is in fact provided.
At this point in time an~ after~.asking if anyone was present
to speak concerning this application, the board took the following
action:
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, t~ recess ~he hearing in the Matter of Appeal
No. 3405, Application of S~AMATIOS AND ELENI RAPANAKIS un%.~l ~he
December 5, 1985 Regular Meeting of th~sl-bo~'~d, to ~ held at
the Southold .Town Hall, at approximately 7:30 p.m., and be it
FURTHER RESOLVED, that a written confirmation be forwarded
to Edward J. Boyd, ~sq. as to the date and time of the hearing
date.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki.~ This'resolution was adop%ed by
unanimous vote of all the members.
8:05 p.m. Appeal No. 3414. Public Hearing was held in the
Matter of FRED SCHOENBAECHLER for a Variance to the Zoning Ordi-
nance, Article ~II, Section lO0-31, Bul~ Schedule, for approval of
the construction of dwelling structure with an insufficient
frontyard setback from the east property line, premises known
as 950 Gagen's Landing Road (a./k.a 2325 Clearview Avenue),
Southold, NY; Count~_Tax Map District 1000, Section 70,
Block 10, Lot 24.
The Chairman read the legal notice of hearing and appeal
application for the record. Budolph H. Bruer, Esq. and John
Bertani appeared and spoke in behalf of the application.
Several persons spoke in opposition, and reference is made to
the Verbatim transcript of this hearing prepared under separate
cover and filed with the Town Clerk s Office.
Submitted additionally for the record from Rudolph Bruer,
Esq. are: Letter dated October 23, 1985 from Ambrose and Mildred
Terp indicating that they owner property west and northwest of
the subject property and have no objection to this variance; and
October 23, 1985 Proposal of John Bertani Builder in the amount
of $41,900 to move the subject house if the variance is not
granted; and survey amended October 23~ 1985 of the subject
premises prepared by Roderick VanTuyl, P.C.
Southold Town Board of Appeals -12= October 24, 1985 Regular Meeting
(Appeal No. 3414 SCHOENBAECHLER, continued:)
Received from Mr. Allen Sobel is a handwritten letter dated
October 24, 1985 signed by Mr. and Mrs. Sobel indicating the reasons
for objecting to the variance.
Following the hearings the board took the following action:
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to conclude the hearing in Appeal No. 3414 until
~ater.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Following the conclusion of the hearing, Mr. Bruer asked
if tar paper and locks could be placed at this stage to protect
the structure from vandalism and the weather. Mr. Lessard,
Building-Department Administrator, indicated that he could not
answer that and would leave the decision up to the Board of Appeals.
The Chairman said he would like to consult counsel before giving
an answer, and that someone would contact them tomorrow morning.
8:50 9:00 p.m. Temporary Recess. Motion was made by
Mr. Goehringer, seconded by Mr. Sawicki, to recess for approxi-
mately 10 minutes. The meeting was temporarily recessed.
9:00 p.m. Motion was made by Mr. Grigonis, seconded by
Mr. Sawicki, to re-open the meeting at this time. Both resolu-
tions were unanimously adopted.
ACCEPTANCE OF RIGHT-DF-WAY: Appeal No. 3184 PETER AND
PATRICIA LENZ. Conditional decision rendered April 19, 1984.
The October 1, 1985 Report No. 483 prepared by John W. Davis
as requested by the Z.B.A. was reviewed, and the board members
concurred. The board took the following action:
On motion by Mr. Grigonis, seconded by Mr. Goehringer,
it was
RESOLVED, to accept Report No. 483 of John W. David dated
October 1, 1985 in the Matter of PETER AND PATRICIA LENZ concerning
~Southold Town Board of Appeals -13- October 24, 1985 Regular Meeting
(Appea'l No. 3184 PETER' ~ND~-PATRICIA LENZ, resolution, continued:)
the imrpovements recently made to the subject right-of-way.
For the record, Report No. 483 reads as follows:
...Comments:
The existing road has been widened, potholes and depressions filled
and the surface smoothed with additional medium-sized gravel and
sand. The width is 15 ft. except f~r 150± ft. at the entrance where
full widening could not be done due to utility poles and an existing
hedge on th~ east side, together with a few small other isolated
areas. Road widths measured at utility poles (all on east side
except for first two poles on west side). See attached sheet for
widths and test holes.
Based on above I would recommend approval of the existing road as
improved.
/s/ John W. Davis ....
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Appeal No. 2922 FRANK E. BROPHY. The board members
reviewed and discussed recent correspondence dated October 8, 1985
from Frank E, Brophy requesting: (a) that the decision under
Appeal No. 2922 rendered 1/19/82 be withdrawn, and (b) whether
a variance is necessary under Condition No. 2 of Appeal No. 1597
dated 6/20/72 pertaining to lot coverage.
After d~scussing the particulars of the prior decisions
and the present circumstances of Mr. Brophy's requests, the board
took the following action concerning request (b), which reiterates
their prior motion of October 3~ 1985:
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that any change of construction concerning the
relief granted under Appeal No. 2922 and any construction which
would affect the 20% lot coverage limitations and any other
limitations of the zoning code, or change which would affect the
prior conditions rendered by this Board, will require a formal
application for Board of Appeals' consideration prior to the
issuance of a building permit.
Vot~ of the Board: Ayes: Messrs. Goehringer, Grigonis,
Southold Town BOard of Appeals 14- October 24, 1985 Regular Meeting
(Appeal No. 2922 FRANK E. BROPHY, continued:)
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
POSTPONED HEARING: Appeal No. 3399 - MR. ~AND MRS. C. BRUCE
STAIGER. As requested by letter dated October 17, 1985 from
Mr. Staiger, the board took the following action:
On motion by Mr~ Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to place the matter of Appeal No. 2922 temporarily
in abeyance until April 1986 as requested in the Matter of
MR. AND MRS. C. BRUCE STAIGER.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
SIGN RENEWALS: On motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to approve the following SPecial Exception
renewals for a period of one year from the date hereof and
subject to the rules and regulations of the Federal Highway
Beautification Act and Funding Laws for Highways, if applicable:
Appeal No. 959 - Richard Holes (Old Mill Inn);
Appeal No. 1136 - Joseph Brukowski (Barge Rest.);
Appeal No. 1150 - Geoff Proud (North Fork Lions Club);
Appeal No. 1150 - Craig Richter (North Fork Lions);
Appeals No. 2599, 2600, 2601, 2602, 2603, 2604, 2605,
2606, 2607 and 2608 - John Nickles, Southold Town
Republican Committee.
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- -October 24, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3381: ~
Application of HOWARD HOEY - Appeal No. 3391 - Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of
insufficient lot area and lot width of one parcel in this proposed divi-
sion of land located on the south side of Main Road, Orients NY; County
Tax Map District lO00, Section 19, Block 1~ Lot 14.1 (14).
Following deliberations, the board took the following action:
WHEREAS, public hearings were held in the Matter of Appeal
No. 3391 for HOWARD HOEY, initially on August 22~ 1985, and re~onvened
on October 3, 1985, at which time the hearing was concluded; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that no public opposition was received; and
WHEREAS, the board members are familiar with the property and the
surrounding area in question~ and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant seeks approval of a parcel
of 61,000 sq. ft. in area and 150-~ft. of frontage, to be separated from
a 36.6-acre parcel~ located at the South Side of Main (State) Road~
Orient, New York, identified on the Suffolk County Tax Maps as Dis-
trict 1000, Section 19, Block 1, Lot 14.1 (14).
2. Existing on the proposed 61,O00-sq. ft. parcel is a single-
family dwelling which is shown on survey map amended March 20, 1985,
prepared by R. VanTuyl, P.C., and which is shown to be set back
10 feet, more or less~, from its nearest point from the easterly
side property line, and 19~ feet from its nearest point from the
northerly (front) proper.ty line.
3. For the record, it is noted that the premises was the
subject of a prior Appeal No. 3365 which was denied without
prejudice on .July 18~. 1985 as applied.
4. It is also noted for the record that an application is
pending with the Planning Board for this proposed division as a
minor subdivision.
In considering this appeal~ 'the board finds that this project
shall be granted as conditionally noted below since: (a) the
relief requested is not s~bstantial (23%) in relation to the
Southold Town Board of Appeals -16- October 24, 1985 Regular Meeting
(Appeal No. 3381 HOWARD HOEY, ~ecision~ continued:)
requirements of zoning, (b) there will be no substantial change
tn the character of this district; (c) the relief as granted
will not be detrimental to adjoining properties; (c) the relief
as granted will not cause a substantial effect of any increased
population density since the property will continue to be used
for single-family residential use as permitted under the zoning
regulations; (d) the circumstances are unique; (e) the inter-
ests of justice will be served by granting the variance, as
conditionally noted below.
Accordingly, on motion by Mr. Grigonis. seconded by
Mr. Sawicki, it was
RESOLVED, that approval of the insufficient area as applied
under Appeal No. 3391 in the Matter of HOWARD HOEY of 61,000 sq.
ft. and frontage of 150 feet as established along the Main Road,
BE AND HEREBY IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That any future division of land be processed as a minor
subdivision or major subdivision for the remaining 36.6
acres by the Planning Board (not to be processed as a
set-off under A106-13, page A10607 of the Code).
2. That there be no further lot area reductions within the
36.6-acres to less than that permitted by the zoning
regulations.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and
Sawicki. (Chairman Goehringer was absent.) This resolution
was unanimously adopted.)
PENDING DECISION: Appeal No. 3398:
Application for JANE M. WREN - Appeal No. 3398 - Variance to the
Zoning Ordinance, Article XI, Section IO0-118(E) for permission to
expand nonconforming building by more than 50% of fair value, at 3355
Soundview Avenue, Mattituck, NY; County Tax Map District 1000,
Section 94, Block 01, Lot 16.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 3,
1985, in the Matter of the Application of JANE M. WREN, Appeal No. 3398;
and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question and the surrounding area; and
~So~t~old ToWn Board of Appeals -17- October 24, 1985 Regular Meeting
(Appeal No. 3398 JANE M. WREN, decision, continued:)
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. By this application, appellant requests permission to expand
an existing 20' by 42' building presently used for habitable purposes
with the construction of a 19' by 32' addition for bedrooms.
2. The property in question is located on the north side of
Soundview Avenue, Mattituck, New York, contains an area of 4+ acres
with a frontage of 290± feet along Soundview Avenue, and is identified
on the Suffolk County Tax Maps as District 1000, Section 94, Block 1,
Lot 16.
3. The subject premises is improved with: (a) a single-
family, one-story frame house which appears to be set back from
Soundview Avenue approximately 300+ feet, and (b) an accessory
building of a size 47' by 20' with 6' by 12' addition located in
the frontyard area which is presently used as habitable quarters
and garage area. The sketch of a survey submitted with the applica-
tion indicates the subject accessory building to be located approxi-
mately 20 feet from the easterly property line and 240± feet from
Soundview Avenue.
4. For the record it is also noted that the surveys submitted
show a 30' right-of-way running within the westerly section of the
premises from the "McGreevy" parcel to L.I. Sound, and a 16.5' wide
right-of-way over land of McGreevy to the 30' right-of-way.
5. Submitted for the record are copies of the September 25,
1968 building permit No. 4063Z and the January 14, 1970 Certificate
of Occupancy No. Z3739 for an addition to private accessory building.
6. It is the opinion of the board that the evidence submitted
is not sufficient to prove a legal preexisting cottage use of the
accessory building in question, and without such proof, the board
is not authorized to permit an expansion for living area.
In considering this appeal, the board finds that this project
shall be denied as applied for the reasons stated above and as
follows: (a) that without sufficient evidence of a legal preexist-
ing nonconforming use for living quarters, this board is without
authority to grant the relief requested; (b) the relief requested
in effect is for a use not permitted by the zoning code, since the
result would be to permit living or sleeping quarters in an accessory
garage (storage) building; (c) to grant the relief requested
may alter the essential character of the locality; (d) the
$o~th~ld Town Board of Appeals -18- October 24, 1985 Regular Meeting
(Appeal No. 3398 - JANE M. WREN, decision, continued:)
circumstances of this appeal are not unique; (e) that it is
within the interests of justice to deny the relief as requested
without prejudice.
Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki,
it was
RESOLVED, to DENY the relief requested under Appeal No. 3398
in the Matter of the Application for JANE MATALENE WREN, WITHOUT
PREJUDICE.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglas and Sawicki. This resolution was adopted by unanimous vote
of all the members.
PENDING DECISION: Appeal No. 3395:
7:45 p.m. Application o-f WILLIAM NEDOSZYTKO - Appeal No. 3395
Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of insufficient lot width (road frontage) of
this p. roposed 80,000 sq. ft. parcel to be set-off from 27.934 acres,
located on the west side of Aldrich Lane, Mattituck, NY; County Tax
Map District 1000, Section 124, Block 1, Lot 2.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 3,
1985, in the Matter of the Application of WILLIAM NEDOSZYTKO, Appeal
No. 3395; 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. By this application, appellant requests approval of insuf-
ficient frontage (lot width) of 145.27 feet of a parcel of land
to be set-off w~th an area of 80,000 sq. ft.
2. The property in question contains a total acreage of 29.764
acres~ is located on the west side of Aldrich Lane, Laurel, and is
Southold Town Board of Appeals -19-October 24, 1985 Regular Meeting
(Appeal No. 3395 - WILLIAM NEDOSZYTKO, decision, continued:)
identified on the Suffolk County Tax Maps as District 1000, Section
124, Block l, Lot 2.
3. Exist'lng on the subject premises to be set-off are:
(a a single-family dwelling set back approximately 50 feet from
the front p~opert~, line alo. ng Aldrich Lane, (b) two accessory
framed (storage and barn)~ structbres located in the rearyard area.
4. For the record it is n-oted that to the south of this farm
tract of 27.934 acres is a four-lot minor subdivision approved by
the Southold Town Planning Board on October 3, 1972 under File #76
for Agnes Catalano,~ consisting of lots with an average width of 135 feet.
5. It is also noted for the record that a sideyard area is
being established at 90± feet for this proposed parcel which is
unique and within the spirit of the zoning ordinance and considering
the locations of the existing structures, as well as intended com-
pliance with all other zoning and bulk schedule requirements.
In considering this appeal~ the board finds that this project
shall be granted as conditionally noted below since: (a) the
relief requested is not substantial [15%] in relation to the
r~quirements of zoning; (b) there will be no substantial change
in the character of this district~ (c) the relief as granted
will not be detrimental to adjoining properties and will not set
a precedent for other properties in the area; (d) the relief
requested wilt not cause a substantial effect of any increased
population density since the property will continue to be used
as zoned for single-family residential u. se; (e) the circum-
stances are unique; (f) the interests of justice will be
served by granting the variance, as conditionally noted below.
Ac~'°rdingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RES'OLVED~, that the relief requested under Appeal No. 3395
in the Matter of the Application of WILLIAM NEDOSZYTKO for
approval of an insufficient lot width of 145.27 feet of parcel
in this set-off division pending b~fore the Southold Town
Planning Board containing not less than 80,000 sq. ft., BE
AND HEREBY ~S APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. There be no further lot width (frontage) reductions
to less than the requirements of the zoning code [175'] in the
event of a future division of the remaining 27.934 acres;
2. Accessory buildings shall remain for storage use, not
6o~t~old Town Board of Appeals -20- October 24, 1985 Regular Meeting
(Appeal No. 3395 WILLIAM NEDOSZYTKO, decision, continued:)
to be used or converted for sleeping or habitable quarters in
accordance with Article III, Section IOOL30(C) of the zoning
code.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and sawicki. This resolution was adopted by
unanimous vote of all the members.
PENDING DECISION: Appeal No. 3392:
M~t~er ~f PHILIP G. HORTON - Appeal No. 3392 - Variance to the
Zoning Ordinance, Article III, Section 100-31, and Article VI, Section
100-61, for the approval of ~nsufficient lot area and width of parcels
in this proposed set-off division of land located at the South Side of
Main Road, Peconic, NY; County Tax Map District 1000, Section 85,
Block 03, Lot 005.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 3~
1985, in the Matter of the Application of PHILIP G. HORTON, under
Appeal No. 3392; 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 south side of
the Main (State) Road, Peconic, New York, and is located partly in
the "B-I" Zone and "A" Zone Districts, and is more particularly
identified on the Suffolk County Tax Maps as District lO00, Section
85, Block 3, Lot 5, containing a total area of 3.7± acres.
2. The subject premises is presently improved with a farm
barn building set back approximately 90 feet from the front
property line along the Main Road and is proposed to be set back
from the new division line (at the east side) of 60± feet.
3. By this application, appellant requests approval of insuf-
ficient frontage (lot width) along the Main Road of 90 feet of
proposed "Parcel No. 1" which would have an area of 34,100 sq. ft.
and which would leave "Parcel No. 2" with 200.20 frontage and
2.9± acres of lot area.
4. Article VI, Section 100-61, and Bulk Schedule, of the
Zoning Code requires a minimum of 150 feet of lot width (frontage)
Southo'ld Town Board of Appeals -2~1~. October 24, 1985 Regular Meeting
(Appeal No. 3392 - PHILIP G. HORTON, decision, continued:)
for parcels newly established in the "B-l" General Business Zoning
Districts.
5. The relief requested by this application is a variance
of 40% of the zoning requirements, which is substantial in light
of the circumstances herein.
6. For the record, it is noted that at a Regular Meeting
held August 26, 1985 of the Southold Town Planning Board, it was
recommended that they are in favor if the 90-foot wide parcel is
merged with the parcel to the East (now owned by the proposed
purchaser of the land in question).
In considering this appeal, the board has determined that
the application shall be denied for the reasons stated above and
as follows: (a) the relief requested is substantial being 40%
of a variance from the zoning requirements; (b) there is
additional land available from proposed "Parcel 2" to increase
the frontage of proposed "Parcel l"; (c) the circumstances
are not unique; (d) additional evidence is required to sustain
the burden of proof as applied; (e) the relief as requested
will not be in harmony with or promote the general purposes of
zoning; (f) the interests of justice will be served by denying
the relief as requested under Appeal No. 3392.
Accordingly, on motion by Mr. Grigonis~ seconded by
Mr. Goehringer, it was
RESOLVED, to DENY WITHOUT PREJUDICE the relief requested
under Appeal No. 3392 for insufficient lot width (frontage)
of 90 feet as applied in the Application of PHILIP G. HORTON.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
6o~thold Town Board of Appeals -22- October 24, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3397:
Application of DONALD W. AND JUDITH L. LUCHSINGER Appeal No. 3397,
Variance to the Zoning Ordinance., Article XI, Section 100-119.2(B) for
permission to construct addition to dwelling with insufficient setback
from the ordinary highwater mark along Deep Hole Creek, premises known
as 830 Lupton's Point, Mattituck, NY; County Tax Map District 1000,
Section 115, Block 11~ Lot 16.
Following deliberations, the board took the following action:
WHEREAS, a public hearing was held and concluded on October 3,
1985, in the Matter of the Application of DONALD W. AND JUDITH L.
LUCHSINGER, Appeal No. 3397; 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 south side of
a private right-of-way known as Lupton Point Road, extending off
the east side of Marratooka Road, Mattituck, New York, is located
in the "A" Residential and Agricultural Zoning District, and is
more particularly identified on the Suffolk County Tax Maps as
District 1000, Section 115, Block 11~ Lot 16.
2. By this application, appellants request permission to
construct an open (unenclosed) deck of an area of 450± sq. ft. and
attached addition of an area of 110 sq. ft. to be placed at the
rear of the existing single-family dwelling structure, at an angle
with the house set back from the bulkhead at its closest point
not less than 45 feet and as shown on the sketched survey submitted
with this application.
3. Article XI, Section 100-119.2, sub-paragraph (B), requires
all buildings to be set back not less than seventy-five (75) feet
from the ordinary highwater mark or the landward edge of tidal
wetland, whichever is greater.
4. The subject premises fronts along Lupron Point Road 100
feet in width, and has an average depth of 191.67 feet and is
improved with a single-family dwelling set back at its close§t
point to the existing bulkhead at 65 feet.
$oot~old Town Board of Appeals -23- October 24, 1985 Regular Meeting
(Appeal No. 3397 - LUCHSINGER, decision, continued:)
5. It is the understanding of the board that the present
dwelling's westerly sideyard is open and free of obstructions to
a width of 18 feet, which will be maintained in order to provide
access to the rear areas and which will not be further reduced.
In considering this appeal, the board finds and determines:
(a) that the proposed construction is landward of existing struc-
tures, inclusive of bulkhead in very good condition along waterlying
edge of the premises; (b) that there are no wetlands affected by
this construction; (c) that the circumstances of this appeal are
unique; (d) that there is no other method feasible for appellants
to pursue other than a variance; (e) that the interests of justice
will be served by allowing the variance, as noted below.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Goeh-
ringer, it was
RESOLVED, that the relief as applied under Appeal No. 3397 in
the Matter of the Application of DONALD W. AND JUDITH L. LUCHSINGER,
for permission to construct deck and addition at a setback of not
less than 45 feet from the existing bulkhead, BE AND HEREBY IS
APPROVED SUBJECT TO THE FOLLOWING CONDITION:
That the deck area remain open as applied (except for the
2'8" x 14' x 7'9" x 10'8" area slated for extended living
floor area).
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 NOVEMBER 14, 1985: On motion by Mr.
Dou§l~S~.Sec~nded bY Mr~ Goehringer~ it was
RESOLVED, that the following matters be and hereby are
scheduled for public hearin.gs to be held at the next Regular
Meeting of this Board, to wit: THURSDAY~ NOVEMBER_I.4~ 1'985,
commencint at 7:30 p.m. and as noted~ and be it
FURTHER RESOLVED, that Linda Kowalski, Secretary, be and
hereby is authorized and directed to publish notice of same in
the local and official newspapers of the town, to wit: Suffolk
Times and Long Island Traveler-Watchman, Inc., at least five
days prior thereto:
Southold Town Board of Appeals -24- October 242 1985 Regular Meeting
(Public Hearings for 11/14/85, continued:)
7:35 p.m. BENJAMIN KOWALCHUK, Appeal No. 3417. Accessory
lawn structure in sideyard area. 3375 Wells Rd, Pec.
7:40 p.m. FRANK AND DIANE AMMIRATI, Appeal No~ 3407. Special
Exception to esta'blish retail food store i(take-out)
in conjunction with single-family residential use.
730 Love Lane~ Mattituck.
7:45 p.m. RUTH BOHNo Appeal No. 3373. For approval of
insufficient lot area and width (frontage) of
two parcels. W/s Beebe Drive, Cutchogue.
7:50 p.m. SUNBOW ASSOCIATES, Appeal No. 3420. For approval
of insufficient lot width (frontage) of four lots in
this B-1 Zoning District. N/s Main Road, Mattituck.
7:55 p.m. ROBERT HUNGERFORD, Appeal No. 3427. To locate
accessory garage in frontyard area. 2460 Grandview
Drive, Orient.
8:05 p.m. EUGENE AND DIANE GIANNONE, Appeal No. 3416. For
approval of the construction of accessory garage
structure in frontyard area ROW off Sunset
Drive, Mattituck.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
Appeal No. 3354 - LONG ISLAND SHORES AT GREENPORT. In review-
ing the Matter of Appeal No. 3354 for a Variance for insufficient
lot width and area of four proposed parcels at the N/s C.R. 48,
Greenport, the board instructed the Secretary to send a written
request to the attorney requesting the following additional
information prior to schedulign this matter for public hearing:
(a) four copies of a survey indicating the upland buildable
area of each parcel along the bluff area and indicating the "build-
ing envelopes" for each lot in question;
(b) upon receipt of the requested survey, communications
to the Soil Conservation service and U.S. Department of Agriculture
concerning construction within the building envelopes.
- This request was unanimous among the bOard members.
Southold Town Board of Appeals -25- October 24~ 1985 Regular Meeting
APPLICATIONS ALONG SOUND BLUFFS: The Chairman offered a
motion, seconded by Member Doug~as_s~ as'follows:
Any and all applications which involve construction or
subdivisions will be required to contain a survey certified by
a licensed engineer or surveyor indicating the distance from
the bluff at the top, and the distance from the highwater mark
to the bluff, as well as proposed building envelopes fdr subdivi-
sions.
Vote of the Board: Ayes: Messrs~ Goehringer~ Grigonis,
Doyen~ Douglass and Sawicki. This resolution was adopted by
unanimous vQte of all the members.
UPDATED REVIEWS: The following applications were updated
as noted below:
Appeal' No. 3424 - ELEANOR LEONARD. Await N.Y.S~ Dept. of
Environmental Conservation approval; review and recommenda-
tions after formal application by the Planning Board;
County Health Department Article VI action; four copies
of an up-to-date survey depicting: (a) all wetland
grasses., and areas, if any, (b) proposed ..building envelope
and setbacks from all property and bluff lines; (c) contour
elevations; (d) right-of-way extending from its intersec-
tion with a town road; and copy of any town approval con-
concerning the private right-of-way (for 280-A)~ If the
above.documents are submitted by December 23rd, it is
expected that the hearing date would be held during January~
Appeal No~ 3421 - JOZEF ZIELONKA (Variance). Await: (a)
floor plan drawn to scale showing the layout and square
footage of the proposed business use, including retail
sales area, office area, storage area, etc., (b) floor
plan drawn to scale showing the layout of the apartment
[square footage and dimensions of rooms'~ (c) confirmation
in writing of the specific uses requested under the B-Light
category for this residential zone, (d) plan showing the
proposed on-site parking an~. egress, ingress areas, handicap
ramps, etc.
Appeal No. 3418 GRETCHEN HEIGL~ Variance for approval of
insufficient lot area and width. Await: (1) NYS D.E.C.
- approval; (2) review and recommendations from the Planning
Board; (3) copies of deed(s) or title rep~orts describing
~Southold Town Board of Appeals -26- October 24, 1985 Regular Meeting
(Reviews, continued:)
the legal access over the easement in question: (4) four
copies of an accurate survey depicting: (a) all wetland areas,
ponds, wetland grasses, if any; (b) build envelopes and
its setbacks from all property and bluff lines; (c) the
traveled portion of the right-of-way in question and its width.
Appeal No. 3196 VIRGINIA HAIRSTON. For approval of insuffi-
cient lot area and width, two preexisting dwellings. Carroll
Avenue, Peconic. Await PB input and copy of pre-CO.
Appeal No. 3412 - CRAMER AND HERZWEIG. Variance from 75'
setback requirement from wetlands. E/s Meadow Lane, Mattituck.
Await Town Trustees SEQRA and pending permit process.
Appeal No. 3406 R. DUCHANO. Variance for insufficient area.
Bridge Street, Greenport. Await PB input on pending set-off
division.
Appeal No. 3396 - GARY DOROSKI. Variance for insufficient
setback for proposed pool from wetlands. (Await Town Trustees
and DEC approvals). Monsell Lane, Cutchogue.
Appeal No. 3342 - PHILIP REIN~ARDT. Variance for 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 dwelling with
insufficient setbacks. E/s Meadow Lane, Mattituck.
Await Town Trustees and DEC.
Appeal No. 3299 - DOUGLAS MILLER. Insufficient area. Laurel
Lake, Mattituck-Laurel. Await DEC and County Health, Art. VI.
Appeal No. 3274 - BEST, SCHMITT, SYVERSON. Await County Health
Article VI, DEC and additional requested information.
Appeal No. 3249 - DONALD BRINKLEY. Insufficient area, etc.
Await contour map, DEC, County Health Art. VI, and PB.
Appeal No. 3214 - HANAUER AND BAGLE¥. ~oundview Avenue near
Horton's Points Southold. Await requested map and DEC.
Appeal No. 3183 - MARY CODE. Await DEC and PB application.
Insufficient area, etc.
Southold Town Board of Appeals -27- October 24, 1985 Regular Meeting
(Reviews, continued:)
Appeal No. 3371 LOIS LESNIKOWSKI. Insufficient area. Await DEC.
Appeal No. 3298 - PORT OF EGYPT. Business property. Await Town
Board application under moratorium, site plan info, DEC, PB and
County Health approvals. S/s Main Road, Southold.
Appeal No. 3400 JAMES AND MARY TYLER. Business Zone.
No further action permitted unless Town Board application and
authorization is made. N/s Main Road, Mattituck. Public garage.
Special Exception.
Appeal No. 3259 - NICHOLAS ALIANO. Business zone. No further
action under moratorium unless further advised. Await PB and
Village of Greenport contract.
Appeals No. 3407 and 3408 - CHARLES SEAMAN. B-1 Zone. Await
further instructions under moratorium. Spec. Exc'; and Variance.
PENDING APPLICATION: Appeal No. 3382 MATTITUCK HARBOR
ASSOCIATES AND BAYVIEW VENTURES. In reviewing the file, it was
noted that SEQRA information requested from the Health Depart-
ment has not yet been received. The Board authorized and directed
the Secretary to send a direct request to the NYS D~partment of
Environmental Conservation for their input under SEQRA and the
issuance of DEC Permit No. 10-83-1485. Mo further action was taken
at this time.
There being no other business matters properly coming before
the board at this time, the Chairman declared the meeting adjourned.
The meeting adjourned at 9:45 p.m.
Respectfully submitted,
--Linda F. KowalsRi, Secretary
Southold Town Board of Appeals
VERBATIM TRANSCRIPT OF PUBLIC HEARINGS
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING HELD OCTOBER 24, 1985
Present were: Gerard P. Goehringer, Chairman~ Serge Doyen,
Jr., Member; Charles Grigonis, Jr., Member; Robert J. Douglass,
Member; Linda Kowalski, Secretary. Also present were Victor
Lessard, Building-Department Administrator, and approximately
15 persons in the audience at the beginning of the first hearing.
PUBLIC HEARING: 7:35 p.m. Appeal No. 3410. CLIFFORD COR-
NELL. Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to locate proposed single=family dwelling
with an insufficient rearyard setback~ N/s Flint Street, Green-
port, NY~ 1000-48-2-9~
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 map indicat-
ing this parcel requesting a 27-foot rearyard. Is that correct?
And I have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Mr. Cornell.
JOSEPH C. CORNELL: What you have on their is already self-
explanatory. However, I do have something else, and you all
would like to see this. To move the house we would have needed
only a 3-foot setback; however, I don't think .it would be with
the aesthetics of the property to place the house that much to
one side. But it can be done.
MR. CHAIRMAN:
line?
How close is the house to the front property
MR, CORNELL: Five feet.
MR. CHAIRMAN' Five feet.
MR. CORNELL: isn't it on there?
MR. CHAIRMAN: Yes. I had seen it pencilled in on the bottom~
MR. CORNELL: The houses on each side are five feet.
Southold Town Board of Appeals -2-
October 24, 1985 (Hearings)
(Public Hearing, Appeal No. 3410, CLIFFORD CORNELL, continued:)
MR. CHAIRMAN: Well, this is where we have a 50-foot road and
of course the existing, road is only--
MR. CORNELL: I would say about 12 feet.
MR. CHAIRMAN: Yes.
MR. CORNELL: The existing houses are five feet, but that's
why I say, you have a 50-foot road. I don't understand that.
However, inasmuch as the houses are there, I think it would be
really an advantage to build another house there, possibly even
the Housing Alliance would like that in Greenport. I don't know~
But it's up to you fellows.
MR. CHAIRMAN: What are the plans--are you hearing anything
with reference to the paving of this road? They had talked about
that.
MR~ CORNELL: Mr. Monsell, he mentioned it back some time--
it was scheduled for some time to come, and I spoke to Ray Dean,
and he said he hasn't been keeping on toplof it. Paving--I hope
if you grant this we can get the water in before they pave it
because it's at the opposite side of the street. Right on the
map there you have it.
MR. CHAIRMAN: Yes.
copy I have is light~
I see a 6''~ water main right here. The
MR. CORNELL: I have one for all of you if you wish.
MR. CHAIRMAN' Yes. I think i't woula be more helpful because
our copy is a little light. Thank you very much. (Copies were
given for each board member.)
MR~ CHAIRMAN: I was unable to pick up the front markers when
I had gone down there, so I am going to have to go back and take a
look at it, and we'll do the best we can to give you a timely deci-
sion~
MR. CORNELL: All right. Fine~ Mr..VanTuyl indicates that he
has the markers specified where you see them.
MR. CHAIRMAN: The problem was when I had gone down there, it
had started to get a little dark, and I did not make it on the
weekend, which was what I wanted to do.
MR. CORNELL:
thing else.
It's quite dense with brush and bushes and every-
MR. CHAIRMAN: Yes~ But I will get down there and take a look
Southold Town Board of Appeals -3- October 24, 1985 (Hearings)
(Public Hearing, Appeal No. 3410 - CLIFFORD CORNELL, continued:)
MR. CHAIRMAN (continued):
again in the very near future. Let's see what else develops. And I
did want to make a statement to you after this hearing concerning the
last hearing (Ruth Enterprises Matter).
MR. CORNELL: Yes, I would like that.
MR. CHAIRMAN: Just wait a minute or so afterwards~
MR. CORNELL: I will. Thank you very much.
MR. CHAIRMAN: Is there anybody else that would like to speak in
favor of this application? Anybody like to speak against the
application? Any questions from board members?
MEMBER SAWICKI: Is that considered a public road or a private
road, Flint Street?
MR. CHAIRMAN: Mr. Cornell? Mr. Sawicki has a question and was
wondering if Flint Street is still considered a public road or is it
a private road?
MR. CORNELL: No, it's a public road~
MR, CHAIRMAN: It's just unpaved.
MR. CORNELL: Yes.
MR. CHAIRMAN: That's the reason I asked you the question, Ok.
MR. CORNELL: They just haven't done anything with it.
MEMBER SAWICKI. It looks private.
MR. CORNELL: Yes, it certainly does. For the width of it--it
says 50 feet on the survey.
MR. CHAIRMAN: Thank you again. Hearing no further questions,
I'll make a motion closing (concluding) the hearing and reserving
decision until later.
MEMBER SAWICKI: Second.
Southold Town Board of Appeals -4-
October 24, 1985 (Hearings)
(Public Hearing, Appeal No. 3410 - CLIFFORD CORNELL, continued:)
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close (conclude) the hearing and reserve decision
until later in the Matter of Appeal No~ 3410 m CLIFFORD CORNELL.
Vote of the Board: Ayes: Messrs. Goehringe~,' Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members..
The Chairman and Mr. Cornell briefly discussed the recent
Matter of RUTH ENTERPRISES$ particularly the article published
recently in the Suffolk Times a~d the relief requested to the
Town Board under the moratorium law. The Chairman indicated that
the board felt that the ZBA decision was rendered in a manner they
f~l~ was.mos~ appropriate under the circumstances~ and apologized
that the matter had to be printed in a local newspaper in the
manner done rather than through a joint meeting with the different
boards. Mr. Cornell indicated that it is his opinion that there
is no board better qualified than the Board of Appeals to act on
variances of this nature, especially with all its experience.
PUBLIC HEARING: 7:43 p.m. Appeal No. 3404. JOHN J. HAAS.
Variance for accessory garage structure in the frontyard area at
3325 County Road 48, Mattituck, New York.
The Chairman read the legal notice of hearing and appeal
application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a sketch dated
February 14, 1963 indicating the appropriate placement of the
house as it exists on the property. And I have a copy of the
building permit asking for a newly constructed garage in the
frontyard area approximately 50.6 feet, or 50'6", from County
Road 48, 10 feet from what I assume is the northeast property line.
And it's approximately 42 feet 10', from the house. And I have
a copy of the Suffolk County Tax Map indicating this and surrounding
properties in the area. Mr. Haas, would you like to be heard?
MR. JOHN HAAS was present.
MR. CHAIRMAN:
the garage?
Can you just give me the approximate size of
Southold Town Board of Appeals -5-
October 24, 1985 (Hearings)
(Public Hearing, Appeal No. 3404 - JOHN J. HAAS, continued:)
MR. HAAS: Twenty-four by 24.
CHAIRMAN: I have to ask you a couple of questions. In no way
would this be used for anything but storage purposes, is that
correct?
MR. HAAS: Yes.
CHAIRMAN: Would there be any electricity in the garage or
plumbing of any nature?
MR. HAAS: Eventually there will be electricity.
CHAIRMAN: Ok. And' would you be erecting any fences around it
taller than six feet or anything?
MR. HAAS: No.
CHAIRMAN: All right. I thank you very much° Is there anybody
else 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 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
in the Matter of Appeal No. 3404 - JOHN J~ HAAS (pending the SEQRA
process and 15-day public notice period for comments).
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki~ This resolution was adopted by unanimous
vote of all the members~
Member Grigonis abstained from any action in the hearing
in the next matter of Appeal No. 3413 for ANTONE GRIGONIS, JR~
~outhold Town Board of Appeals -6-
October 24, 1985 Hearings
PUBLIC HEARING: 7:46 p.m. Appeal Noo 3413. ANTONE GRIGONIS,
JR. Variance for approval of access over private right-of-way.
655 off s/s Old North Road, Southold.
The Chairman read the legal notice of hearing and appeal
application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a map dated October 10,
1985 indicating the right-of-way in question which is a 50-foot
right-of-way which has a traveled road over it of approximately
seven feet wide, leading to an 80,000 sq~ ft. parcel (proposed)
with a concrete block foundation on it. And I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties
in the area. Is there somebody that would like to be heard in
behalf of this application? Mr~ Grigonis?
ROBERT GRIGONIS: All I would like to ask is that some test
holes be done on the driveway to find out if it has to be resur-
faced.
CHAIRMAN: The oniy thing I would like to ask you is, is there
anything more on the property other than a concrete foundation?
ROBERT GRIGONIS: Only a foundation that was left ~there.
CHAIRMAN: Because we had a call and somebody mentioned that
there was a trailer on the property?
ROBERT GRIGONIS: A camper is there, right.
CHAIRMAN: Ok. It's not affixed to the foundation in any way?
ROBERT GRIGONIS: No.
CHAIRMAN:
permanent°
Or affixed to the ground in any way as to make it
ROBERI GRIGONIS: No. The camper will be removed.
CHAIRMAN: All right. Let's see what develops throughout the
hearing. Thank you. Is there anybody else that would like to
speak also i~n behalf of this application? Anybody like to speak
against the application? questions from board members? (None).
Hearing no further questions5 I'll ~nake a motion closing the
hearing pending receipt of a test-hole report from the Town
Engineer~
MEMBER SAWiCKI: Second~
Southold Town Board of Appeals -7-
October 24~ 1985 Hearings
(Public Hearing, Appeal No. 3413 ANTONE GRIGONiS, JR., continued:)
On motion by Mr. Goehri. nger, seconded by Mr. Sawicki, it was
RESOLVED, to close (conclude) the hearing and, reserve decision
pending receipt of a test-~ele rePort to be '.requested from the
Town Engineer.
Vote of the Board,.: Ayes: Messrs. Goehringer, Doyen, Douglass
and Sawicki. (Member Grigonis abstained from vote.) This resolu-
tion was adopted by a majority plus one of the members present.
APPROVAL OF..'MI.NUT.ES: On motion by Mr. Douglass, seconded by
Mr. G~'i'goni's-~--~.~ was" '
RESOLVED, to approve the Minutes as prepared of the Septem-
ber 26, 1985 Special Meeting of the Board of Appeals.
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. ~ JOINT PUBLIC HEARINGS: Appeals No. 3415 and 3401.
PETER AND HELEN PURIC, 'Variance to. construct addition which
exceeds 20% lot coverage requirements, and Variance to construct
addition which has insufficient total sideyards and reduction of
northerly side yard, respectively 1250 Second Street, New
Suffolk_,. New York.
The Chairman read the legal notice of hearing and appeal
application concerning Appeal No. 3415~ and opened the hearing
simultaneously, with Appeal No 3401.
CHAIRMAN GOEHRINGER: i have a copy of a maps which appears
to be dated Oc%ober 28, 1980, indicating a proposed addition of
approximately 14' by 23' with some variations across the front of
the existing s..~ructure or dwelling. And I have a copy of the
Suffolk County Tax Map indicating this and surrounding p.roperties
in the area. Please bear in mind that we are also dealing with
and I am reopening, which has been n recess No 3401, which was
an application of a different nature. Mr. Miles?
Southold Town Board of Appeals -8- October 24, 1985 Regular Meeting
(Public Hearing, Appeals No. 3415 and 3401, PETER & HELEN PURIC, continued:)
EARL MILES, ESQ.: Earl Miles, Riverhead, appearing for the Purics
who are present in the hearing room. The original application was to
vary the side lines, and then it appeared there was a restriction of
20% coverage of the premises in a prior hearing~ For that reason, we
renot,iced the matter, and would like to have them considered together
as an increase in the coverage limitation and an application for a
14' or 13' sideyard, for a total of 17 feet. One of 10 and a total
of ~5 is required. I believe an inspection would reveal this is a
preexisting structure in an area where the other buildings adjoining
also have considerable percentile coverage.
CHAIRMAN: So, to understand the application, in no way are you
touching the deck that's in the rear of the property, is that correct?
MR. MILES: That's right.
the front of the building~
This is an addition of two rooms on
CHAIRMAN: So the only variation between 3401 and 3415 is that
we are now addressing the issue of lot coverage.
MR. MILES: That's right.
CHAIRMAN: And before you sit down, you're proposing a 10'
frontyard setback?
MR. MILES: That's correct~ And that's the average, within the
average of the neighborhood. That was not set forth by the Building
Inspect as an item to be for a variance.
CHAIRMAN: So in other words, he concurs with the ten feet then?
MR. MILES: That's correct.
CHAIRMAN: Is that correct, Mr. Lessard?
VIC LESSARD, BUILDING-DEPT. ADMINISTRATOR: Yes.
CHAIRMAN: And this is a one-story structure and will not alter
the existing one-story nature of the house in any way other than--
MR. MILES:
one floor.
This is just an extension forward with two rooms on
CHAIRMAN: And you will not be encroaching the--I would assume
that's north property line=-any closer than 13 feet?
~outhold Town Board of Appeals -9- October 24, 1985 P~ublic Hearings
(Public Hearing, Appeal No. 3415 and 3401, PURIC, continued:)
MR. MILES: The existing building is approximately two feet from
the southerly line and four feet and there will be no change there--
that's merely a projection on that side. And on the other side where
the building is approximately presently 20 feet away from the northerly
line, it will go down to 13~
CHAIRMAN: That's the closest is 137
MR. MILES: That's right.
CHAIRMAN: Because there is a little cock to the house and that's
the reason why I asked the question. Do you want to check that or do
you--
MR. MILES: No. Even
CHAIRMAN: Down to those minute fractions. Ok. Thank you very
much, Sir. Is there anybody that would like to ~peak in behalf of this
application other than Mr. Miles? Anybody to speak against the appli-
cation? Any concerns of any board members here? (None) Ok, 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 Messrs~ Sawicki and
Douglass, it was
RESOLVED, to close (conclude) the hearing and reserving decision
until later in the Matter of Appeals No. 3415 and 3401 - PETER AND
HELEN PURIC.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
DoUglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
8:00 p~m. PUBLIC HEARING: Appeal No. 3405. STAMATIOS AND
ELENI RAPANAKIS. Variance to reinstate nonconforming two-family
dwelling use:!at~2030 Boisseau Avenue, Southold, 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 July 25,
1985 indicating this property with an existing dwelling, with an
attached deck and pool approximately 35' from Boisseau Avenue, and
Southold Town Board of Appeals -10- October 24, 1985 Public Hearings
(Public Hearing, Appeal No. 3405 - RAPANAKIS, continued:)
CHAIRMAN (continued):
I have a copy of the Suffolk County Tax Map indicating this and surround-
ing properties in the area. Is there somebody that would like to be
heard? Anybody on the Rapanakis application? (No response.) I have
received a letter from Mr. Boyd, who is representing the surrounding
property owners. He has indicated to me that he is asking for a
recess of this particular hearing until --he has not specifically
indicating a date--but due to the nature of the appeals that we have
on the next meeting, which is some where in the area of November 14th,
the only recess that I would agree to would be the December 5th
meeting. So we could recess this until December 5th. Are there
any questions on this file, gentlemen, before we vote on it? Do
you have any objections to my recessing it until December 5th?
MEMBERS SAWICKI AND DOUGLASS: Bone.
CHAIRMAN: Ok. Hearing no further questions, I'll make a motion
recessing this hearing until December 5th.
MEMBER GRIGONIS: Second.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to recess the hearing in the Matter of Appeal
No. 3405 STAMATIOS AND ELENI RAPANAKIS until December 5, 1985.
Vote of the Board: Ayes: Messrs. Goehr~nger, Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous
vote of all the members.
PUBLIC HEARING: Appeal No. 3414:
(Continued on Page ll)
FRED SCHOENBAECHLER.
Southold Town Board of Appeals -ll-
October 24, 1985
PUBLIC HEARING: Appeal No. 3414 FRED SCHOENBAECHLER. Variance
to the Zoning Ordinances Article III, Se~31~ Bulk Schedule,
for approval of the construction of dwelling structure with an
insufficient frontyard setback from the east property lines premises
known as 950 Gagen's Landing Road (a/k/a 2325 Clearview avenue,
Southold, NY); County Tax Map District 1000, Section 70, Block 10,
Lot 24.
The Chairman opened the hearing at 8:05 p.m. and read the legal
notice pertaining to this hearing and appeal application for the
record.
CHAIRMAN GOEHRINGER: I have a copy of a survey dated October 2,
1985 as amended, indicating a two-story framed home with garage and
breezeway approximately 26 6" from Gagen's Landing, 40'2" from
Clearview Avenue, 56' from the west property line and approxi-
mately 49~9TM from the north property line. And I have a copy of
the Suffolk'County Tax Map indicating this and surrounding properties
in the area. Mr. Bertani, would you like to be heard? Oh, I'm
sorry~ Mr. Bruer.
RUDOLPH H. BRUER, ESQ.: Mr~ Chairman and Members of the Board,
I would like to start off with a comment that this is a mistake~ I
think a natural mistake that has occurred~ We talked about this
being a frontyard variance° Please keep in mind, as you know, this
is a corner lot which must meet the requirements of two sides of a
two frontyard setbacks~ The part of the property that is in question
here, really, if it had not been a corner lot it would have been the
sideyard of the property and we wouldn't be here. We'd meet the
requirements.
I have here and I'd like to pass it out to the board surveys
that were dated as of yesterday showing the distance of the garage
from Gagen's Landing.
(Mr. Bruer gave the board members copies of the survey amended
October 23, 1985 prepared by Roderick VanTuyl, P.C.)
MR. BRUER: You can obviously notice the distance that we have
not made Up with respect te the putting in of the foundation. I
would like to point out further at this particular point--t was there
yesterday--and we measured from the property line known as Gagen's
Landing Road to the actual asphalt there's an additional 17 feet.
Again, going back to my original comment about the mistake, by putting
in the house where it is, does not give the owner of the premises any
advantage whatsoever. It doesn't increase his view. It doesn't make
his house any less expensive° It was done, I'm told, Mr~ Bertani--who
Southold Town Board of Appeals
-12- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414- SCHOENBACHLER, continued:)
MR. BRUER (continued):
has been a builder out here for some eight years, has staked out this
house and many others, and as you, I'm the board has been out there
and has observed the premises, it's fairly flat, there's no particularly
large trees, woods, or,lanything like that, that necessarily would have
required a surveyor to come in. There's no bank involved in this, and
no location survey was required. Mr. Bertani is going to speak in a
few minutes and he's going to say that he did stake out the house. As
I said he's been doing it for malny, 'many years. He's never had a
problem before. And to summarize it a.li_ttle bit with what he's
going to say, he's going to say that he did stake it out and as
anybody here--and particularly Mr~ Douglass--knows about building,
'when you dig out a foundation, you dig it out further than where the
building's going to be to get work room in there.
MR. CHAIRMAN: Overcut.
MR BRUER: Overcut, that's correct. When you do that and you
get the situation of the dirt and debris out there, it's very diffi-
cult to notice a small error. When I say small, everybody's going
to jump and say, you know, it's so many feet. Itms not one foot,
two feet. It's eight feet point four (8.4'). Mr. Bertani has put
in a foundation and the property diagonally across the street
approximately at the same time that he did this~ Mr. VanTuyl put
the stakes in at that particular time for other reasons. Mr. Bertani
has told me and he will verify it, that at or around that time some
vandals did move those stakes, did move the elevation, and they were
in there at that time foolin.g around. It is very possible that that
could have been the situation here today. At this point, I'll ask
Mr~ Bertani to come up here and explain what he did with respect to
the staking of this property and how he did it.
JOHN BERTANI: As Rudy said, I've done this many times in the
last eight years and I've never had a problem with it. With this
particular location~ the front monument, I believe, it is the south-
east corner is missing. So I used the west and north property line
to get my straight lines off it to locate the house originally.
So the property was totally clear. There weren't any trees or
obstacles in the way when I did this. And when I checked the
measurements everything was fine and then I placed the stakes for
the overcut. I therefore, having --never having any problem before--
I, you know, proceeded with the foundation. Across the street as
Mr. Bruer stated, I did have a problem. I went there and took it
as just maybe some children just having a good time, taking the stakes
ou~ that the surveyor had put in and had to have him called back in.
Southold Town Board of Appeals -13- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 - SCHOENBACHLER, continued:)
MR. BERTANI (continued):
And like he said, they did have a problem with the elevation stake
being possibly driven down, because VanTuyl-- I did plot that
house, because it is going to have a mortgage on it, and I did
find the elevations a foot lower than was supposedly there on
the stake, and I had to raise it up two courses of block to bring
it up to the 10' elevation that the town require~_~fQ_~ the flood
zone. And as Rudy says., there is another ]7'feet.~p.ast th~_p_rop~ty
line, and when yQu visually took at it~, once the foundatio~.iE, in
with the dirt and extra .grass there, I didn='~ p~.k it up~, and theH
proceeded with the house~ And~ you know, possibly the mistake was
made at that time~ You know~ not stopping._an~~ nos realizing it.
MR~ BRUER: When was the first tiptoe-~that you learned t~-hat
there'was a problem2
MR. BERTANI: When I was told by the building department--
when I received a phone call that someone had complained and said
the house was too close to the road and tha~ I should get a survey.
MR. CHAIRMAN: Was this after the house was up?
MR~ BERTANI: The whole h'ouse is just as you see it today.
MR. BRUER: John, how long have you been building out here?
MR. BERTANI: I've been building over eight years--eight years
on my'own, and before that--there's been a total of 12 years out
here. And I did the same thing previously in the same capacity with
my other boss.
MR~ BRUER: And who was that?
MR. BERTANI: George Ahlers.
MR~ BRUER: And with respect to--if you ever had to move this
house, I'll show you this piece of paper--is that the estimate that
you did last night at my request?
MR~ BERTANI: Yes~ That's an estimate.
MR. BRUER: As to what it would cost to move the house?
MR. BERTANI: Yes., to move the house back eight feet.
MR. BRUER: I'd like to submit this to the board~ (Gave copy
~f "proposal~ prepared by John Bertain Builder, Inc. of $41,900 dated
October 23, 1985~ for the file.)
Southold Town Board of Appeals -14- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 - SCHOENBACHLER, continued:)
MR. CHAIRMAN: Thank you.
MR. BRUER: John, could you describe what it would entail to do?
MR. BERTANI: In order to move the house, we would have to get
the whole house lifted up and supported on steel beams~ and then I
would have to get in there and I'-d have to rip out the floors in
order to pour new footings and new walls~ and then I would have to
proceed with sliding the house back and dismantling the other walls
and then in the proper place. Take the whole thing back~ It's really
a major undertaking~ The chimney is up~ I!.d. have to support the
chimney to mvoe t'hat. The e]etri, c service would no lon~.ger meet the
requirements of LILCO so it would h~ve to be removed, and a sub-panel
put in and a new main panel put ins and the same with the plumbing
and septic system=-it would all would have to be dismantled and
reinstalled--well lines.
MR. BRUER: John~ Just for the record, could you tell the
board--I'm sure they've observed it--but to what extent is that
building there now? The foundation is in. The siding is on.
roof is on. The chimney is on~
The
MR. BERTAN'I: Yes, the siding ~s just started.
MR. BRUER: Would you describe it as a full basement?
MR. BERTANI: Yes. It's a full basement. The floors are poured.
The garage floors are poured. The framing is completely done~ The
plumbing is completely done~ The elctrical is completely done. The
electrical is completely done. The roof and all the windows and doors
are in and the siding started, the electric service is installed.
So I'd say it's 50 to 60% completed at this time.
MR~ CHAIRMAN: I have a very interesting question to ask you.
We have and I'll continue this after I ask you the question and you
answer it -- we've had over the past few years several of these
applicat~ons~ and we understand,you know,the problems that a builder
goes through in the construction of houses because~ of course, you're
not there all the time -- you're not sitting on top of the house.
You're only there during the light part of the day. Had you had known
that this foundation was closer to the required 35 feet before you
started constructing the house, would you have stopped construction
and come to the board for an application?
MR. BERTANI: We certainly would have because iit would have
been the minimum amount of time and effort and money to correct it
at that time and to proceed with it, there would be no problem with
that whatsoever.
Southold Town Board of Appeals -15- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 SCHOENBACHLER, continued:)
MR. CHAIRMAN: Ok. The reason why I asked you that question is,
I am going to write a letter tomorrow to the building department and
I am going to ask them that when they do their foundation inspections,
that they, if they feel that any one specific portion of any house,
not specifically yours or anything you're constructing .at this time,
is too close, that they bring out a tape and they measure it because
I think that for all intensive purposes, this thing could be nipped
in the bud well before this~ We have here what seems to be a very
substantial structure already constructed and it's unfortunate at
this particular time that we're sitting here and we're dealing with
it on this basis~ And that~s~ the reason why I asked you the question.
So I thank you very much~ Is there anybody else?
MR~ BRUER- I would like to continue--I think there will be a
few people behind me. And I might as well finish my presentation
here~ And answer any questions anyone has afterwards.
MR~ CHAIRMAN- Surely~
MR. BRUER: I think With respect to a hardship t think that has
been pretty well proven here. In addition to that, Mr. Schoenbachler
has actually sold his house and "is living out of a suitcase." The
sonstruction here through no fault of his has been halted up some
three weeks and obviously it's going to be held up some time longer.
I was out there yesterday and I observed the house, and keeping in
mind the additional 17 feet and keeping in mind the additional 17
feet between the property line and the asphalt, I think it would be
very easy to make the mistake that was done there. Looking at it
further and looking at the surrounding houses, I don't believe that
everybody is particularly hurt. The neighbor to the north, his view
I can't see has been obstructed in any way in that he has a garage,
immediately facing the garage that's in question here, and I can't see
how in any~way his view would be obstructed by this structure being
where it is. As a matter of fact, if it was some additional 8, 9, 10
feet to the other direction, it ~would ~eally substantially interfere
with any view he might have from his, I think, a picture-window view.
With respect to unique, I think a happening like this is unique.
Even though it wasn't stated on the application, I think the board can
see that moving a house or having a situation where it's built like
this--t know the board knows the]people who have been speaking here--
Mr. Bertani--I'm sure you believe him~ It's not going to change the
character of the neighborhood because that house will be sitting
there, whether=it's either going to be sitting there or it's going
to be moved, or a house is going to be there, and you're not going
to contribute any more or less than the community there~
MR. CHAIRMAN: Mr~ Bruer, you are aware of the fact that at any
Southold Town Board of Appeals -16-
October 24, 1985 Regular Meeting
(Public Hearings)
(Appeal No. 3414 - SCHOENBAECHLER, continued:)
MR. CHAIRMAN (continued):
time, I am empowered to swear any witness in int his forum?
correct?
Is that
MR. BRUER: I'll be happy to have you--
MR. CHAIRMAN: No. Had I known or had I thought that anything
you were not telling us was the case, I would have done that.
MR. BRUER: Ok~ Thank you, Mr. Chairman. Going further one, I
think with respect to a situation'like this, I think the variance
should be gran%ed because in relation to the benefits that thelzoning
is to benefit the community as compared to the hardship that is here,
I think that the hardship fairly R.utweighs any benefit that the zoning
requirements here has to the G.ommuni'ty _.benefit. Again keeping in mind
and I think the board has over the years always taken a soft heart
on corner lots and the unique situations that corner lots do bring
forth. I don't think this situation really can practically be dealt
with other than the board granting the variance and I hope that it
does~
MR. CHAIRMAN- Thank you. Anybody else in favor of this application?
Anyone to speak against the application2 Would you kindly use .%he mike,
sir? And state your name~ Whoever speaks~
ALLAN SOBEL:
building a house.
Allan Sobel~
ISm--the resident at the north side
MR. CHAIRMAN: Did you say~ Sobel, sir?
(Affirmative)
(MR. SOBEL gave a letter signed Marily and Allen Sobel stating the
reasons for thei~ opposition which reads as follows:
We, Allen and Marilyn Sobel, owners of the adjoining property,
830 Gagen Landing, .object ..%o the variance req.uested by Mr. and
Mrs. Fred SchOenbachler. It is an unfortunate situation that
we are forced into taking this action due to someone else's
negligence. We regret being involved in this uncomfortable
situation with our prospective neighbors, the Schoe.nbach!ers,
but feel that in fairness to all residents affected by this
gross miscalculation, we must abide by the building code.. .)
(The letter was placed in the Schoenbachler ZBA file.)
MR. SOBEL: I was raised and born in Southampton. I move to the
~nd of the Island toward New York City. I came here to build a house
Southold Town Board of Appeals -17-
October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 - SCHOENBACHLER, continued:)
MR. SOBEL (continued):
I observed all rules, regulations and variances. Not variances but
what the Town wants to code. And if there's any correction, I go along
and I ask. I had a surveyor. I paid him. I am not a--I could stake
that house up myself. I'm not paid to do it. I brought in a surveyor.
I made sure. And the stakes were within five feet of the foundation,
not 8½ feet. The undercut. I checked, I double-checked. I did
everythi g-I knew that this mistake was made after Mr. Bertanitold me
about it. ~n.d he told me about t~o feet, going like this w~h the tape~ and there' s
~nothing down at the corner--there' s no stake, and there' s no one in this world ~hat
can lay a house out with two stakes and one end, unless he goes to the exact 40 feet
which he had in the original drawing. I had to come down here by myself. I came
down to the Building Department. They gave me the first drawing. I finally went to
the Zoning Board and I got this drawing. (Showing.81/2 feet ) (Mr. Sobel gave Chairman
copy of the survey showing the 261~ setback. )
MR. CHAIRMAN: You' re referring to 81/2 feet less. 26' 6"--
MR. SOBEL: He needs 8~ feet. Yes.
54R. CHAIRMAN: Ok. To make the 35 is what you are referring to. Ok.
MR. SOBEL: I paid Donack Associates $100 to survey my lot, put in the stakes. I had
my brother-in-law, who built houses in the west end~ and he was with me. They surveyed
the lot, we did everything and checked. Double-checked. I came down to the Building
Department --I moved the house over two feet--they said it' s all right. I made sure
that everything was fine. As far as insulation. Anything. And they came down from
the Building Department. And that' s what they did. They said, "Go ahead with the
next process." I was so engrossed in my house that I didn't even notice that thiW'garage
was out too far. But someone told me two feet. And then it' s 81/2 feet. I think it has
gone too far because if I look out the outside I can't even. look down the road. I think
all our neighbors all the north of me can' t look down there either. Plus the fact that
the monetary value of my house has gone down. If I have to re-sell it. I know that
for a fact. It has been brought to my attention. And I think that everyone in the
neighborhood that is here and ph0ned me in back notes that every variance should be
denied, and all the codes should be followed.
MR. CHAIRMAN: Thank y~u, Mr. Sobel.
MR. SOBEL: Thank you.
MR. CHAIRMAN: Is there anybody else that would like to speak against the application?
Ybuthold Town Board of Appeals -18- October 24,
(Hearing~ Appeal No. 3414- SCHOENBACHLER: continued: )
1985 Regular Meeting
MR. CARL BUTKOVICH: NIy name is Carl Butkovich~ and I live nextto Mr. Sobel. And
I am strictly all the way behind Mr. Sobel because I built two houses in that areal and
I love the area. I've been there for the last 20 years~ andI had to go back the 35 feet
on both of them. I just can't see why this should be granted when it's that closes and
if there' s a mistake--when I make a mistake~ I have to pay for it myself. Thank you
very much.
MR. CHAIRMAN: Thank you~ Sir. Would anybody else like to speak against the
application? Sir?
MR. RICH SOBEL: My name is Rich Sobel. I am the son of Allen Sobel, who spoke
before. I would just like to say that a mistake was acknowledged. I myself am in
etesign business. If I make a mistake on the mechanical, I have to eat the mistake.
So I feel unfortunately that the builder should eat the mistake. As far as a hardship
goes~ I feel it is a hardship to my parents, to the people who live next door to them,
and the other residents on the block. If not monetary --unless they sold their property
which supposedly they will lose property value _but it is a mental hardship. They have
saved all their lives. This is their retirement home. And I feet they should be i-
listened to seriously. Thank you.
MR. CHAIRMAN: Thank you. Is there anybody else who ~m~ld like to speak against
the application? Ok. Anything on rebuttal~ Mr. Bruer?
MR. BRUER: Yes. I neglected to present to the board a letter from the neighbors to
the west~ Mr. and Mrs. Terp~ who own a house and a lot there. I have a letter here
that is dated October 23~ 1985:
...Zoning Board of Appeals
Town Hall
Main Road
Southold~ NY 11971
Variance of Fred and Florence Schoenbachler
Dear Sirs:
Please be advised that we are the owners of property west and northwest of the
above subject property and have no objections to the above captioned variance.
Signed~ Ambrose and Mildred Terp ....
r ~S~out~old Town Board of Appeals -19- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414- SCHOENBACHLER, continued: )
MR. CHAIRMAN : Thank you~ Sir. (Mr. Bruer gave the Chairman the original letter.)
MR. BRUER: Mr. and Mrs. Terp are in the audience.
MR. CHAIRMAN: Is there a house on their property, Mr. Bruer?
MR. BRUER: Yes, there is. They are living there and I guess they own separately or
individually with .one of the other lots.
MR. CHAIRMAN: Thank you.
MR. BRUER: l~ith respect to Al' s, Sean's damage. I don't seeml0 recall hearing anything
with respect to how his property has lost any value with respect to the location of my
client' s property where it is. I don' t think it has. I don' t think any of the other property
owners have lost any property value because of it. As you know and as we have stated
here, had we realized this mistake, we would have complied with the 35-foot setback
requirements. The gentleman in question who said--Mr. Butkovich, who said that he
did do it, we have complied with the frontyard requirement --in our frontyard. Our
problem is we have t~o front yards. And again it's an honest mistake. I think the
variance should be granted. I believe the board can see that. Thank you.
MR. CHAIR1ViAN: Yes, sir, Mr. Butkovich?
MR. BUTKOVICH: I hate to.~ keep coming back, but Mr. Bruer stated that it hasn't
lost any property value. I am in the process of probably selling my house. And it
does have--it has lost property value~ because before I was able to see the water
from the driveway. I cannot see it now unless I go down the street. And as far as
the 17 feet that Mr. Bruer and Fir. Bertani is bringing up, that belongs to the
property--to the town. That doesn't belong to the owner at a11. And if you look
around that area~ or if someone looks around that area, you will see that every house
in all that area there, which is a residential area, the house on the corner is set back
awkwards. Thank you.
MR. BRUER: Just one other point with respect to his view. The one part of the garage
that does protrude--the one closest to the water--is only 3.1 feet beyond the_permitted
use~ so we' re talking about 3.1 feet--moving it 3.1 feet as far as that view is concerned.
t!:ni sure he had a great view if there was possibly no house there at all. Thank you.
MR. CHA IRMA N:
Mr. Sobel.
. ~Southold Town Board of Appeals -20- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 - SCHOENBACHLER, continued: )
ALLEN SOBEL: About the fact that Mr. Bertani says he has to move the whole house.
He doesn't have to move the whole house. This is a very oversized garage. And it
wasn't meant just to garage cars. It was meant to garage a boat. Now if he turned
his garage doors towards Clearview Avenue and put the garage that way, he doesn't
have to move the house. And I' m in the process of building and I 'm sure that I am
ahead of him. I have the right to call 'up and inspect. I had the plumbing inspected
and there's nothing down the basement until the final CO, and I'm sure he hasn't
9or the final CO either. He hasn't got the plumbing and he hasn't got the electrical
in the basement hooked up. He said he had. And the view of the fact that everyone
else in the neighborhood that I talked to is against it except Mr. Terp, I think that
all rules and regulations of the town, they should be obeyed. Whether it would be
a hardship or not. If I did it, I'm sure that they would be against me. And I' m sure
my neighbors would be against me. And I feel sorry if the residents are going to
move in next door, and I' m sure that at one time Mr. Schoenbachler told me he
wants to move in in October, and I told him, "which October?" A year from now?
I was down there workin9 at night. I work with my hands. I' m a carpenter by trade.
And for each solid day, there wasn't one man working for Bertani for one hour, and
he was in a rush to get into his house. Now he sold his house they had, put it on the
market. He moved in, with his son or daughter, whoever it is--I don't know who it
is. And it is a hardship. Living with your son or son-in-[aw,whoever it is. But I
feel that the garage can be cut down, the doors turned the other way and still get the
cars in, and you don't have to have a boat. My house, iii ever have to sell it-which
I hope I don't. I' m older than my wife is, and I hope my wife still stays here the
rest of her life.
MR. CHAIRMAN : Thank 'you, Sir.
MR. BRUER: Just one thing, Mr. Goehringer. John. would like to make a comment
with respect to the garage, but there's only been--just for record purposes here--
any claim that the neighborhood has been here, let me say that only two additional
families have spoken up on this. So it' s really two against one in terms of the
neighbors. I mean the Terps. Actually, the Terps own two lots, so I think we come
out equal. I also have been informe'~t7 _~_ Mr. Sean has pretty much 9one up and down
the neighborhood trying to drum up support here, and I don't see it. John, would
you make your comment regarding the garage?
MR. BERTANI: All I would like to say is, as far as having the plumbing in the house,
I do have the plumbing in and it has to be in. to get passed before you can close up
the walls with insulation and so on. The same with the eletricat. I mean it has
been passed with the el~trical underwriters. I don't know how he has his house
sheetrocked without having the plumbing or electrical inspections, but that' s
neither here nor there. As far as the garage goes, it is an oversized garage.
The house was designed so 1Mr. Schoenbachler could keep his boat in. a garage,
not to be parked in his backyard, as maybe other people would like to do. I thought
that was a very nice thing to do,you know, not put a boat--instead of having it just
laying in the yard and covered, blowing around and everything, so I don't see any
~S,out~old Town Board of Appeals -21- October 24, 1985 Regular
Meeting
(Hearing ~ Appeal No. 3414 - SCHOENBACHLER ~ continued: )
MR. BERTANI (continued):
point as that being a problem here.
MEMBER SAWICKI: Mr. Bertan. i~ what is the size of the garage?
MR. BERTANI: I believe it's 29 feet along.
MEMBER SAWICKI: Twenty-nine feet, and the width?
MR.BERTANI: Twenty-seven (27).
MR. CHAIRMAN: Is there anybody else in. the audience that would like to speak?
BETTY DICKERSON: My name is Betty Dickerson. I' m born. and brought up in Southold.
I know this is a hardship case to the people. We' re not directing it to them~ really~ but
when we built our home we had to follow all the instructions ~ building~ getting a building
permit and so on. And we did. And personally feel that the law is the law~eondthat every-
one should comply. Also~ I do believe that the Building Department is the one who is at
fault here. How could they let this go on. And I was very glad to hear you say you vere
going to write a letter recommending~ because something is wron9 to let this 9o as far as
it has 9one. Thank you.
MR. CHAIRMAN: Thank you~ Mrs. Dickerson.
MR. BRUER: Mr. Goehringer~ not to belabor this thing~ but just trying to keep things
even--Hank~ do you have any objection to this variance?
HANK DICKERSON: No. Either way.
MR. BRUER: Thank you very much.
MR. CHAIRMAN: Normally when an entire neighborhood either has in favor or
against we usually have petitions. Not seeing any petitions tonight~ I would assume
we will take each individual' s case on. its owing,merit and each statement on its own
merit~ and we' ll try and derive a decision out of that. Thank you ali very much for
coming out. I want you to know that I will be dealing with the Building Department
independently of this~ and we are in hopes that this will not happen again. Logistically,
as I said~ we have had approximately five of these a year~ all right~ and this is in no
,may a reflection of the building inspector or any of the building inspectors~ but this is
a process that we will have to ask them to implement. Mr. Douglass?
MEMBER DOUGLASS: I would like to ask the contractor a question. It shows a
breezeway in here--what's the measurement of the breezeway?
MR. BERTANI: Ten feet. It's ten feet. It's a closed breezeway.
S6uthold Town Board of Appeals -22- October 24, 1985 Regular Meeting
(Hearing, Appeal No. 3414 - SCHOENBACHLER~ continued: )
MEMBER DOUGLASS: Yes~ I know. But I mean--what~ 10' by 10' ?
MR. BERTANI: No. I think it' s 10' by 12' . I don't have the exact plans with meg
but I think it's 10' by 12'.
MR.(]HAIRMAN: All right. Any other questions before I close this hearing?
MEMBER SAWICKI: None.
MEMBER DOUGLASS: None.
(No response from anyone.)
MR. CHAIRMAN: Hearing no further questions~ I'1l make a motion closin9 the
hearing and reserving decision.
MEMBER SAWICKI: Second.
On motion by Mr. ~ehringer~ seconded by Member Sawicki~ it was
RESOLVED~ to close (concl'ude) the hearing and:: reserving decision.
Vote of the Board: Ayes: Messrs. Goehringer~ Sawicki~ Douglass~ Grigonis and Doyen.
This resolution was unanimously adopted.
MR. CHAIRMAN: Just so everybody is aware again. Environmentally~ we have to
do environmental declarations on all of these hearings tonight~ and this Environmental
Declaration is to be posted on. the Town Clerk Bulletin Board in the lobby. The notice
is posted for a 15-day period before any decision can be made.
MR. BRUER: Is there anything that would allow us to close it~ not do any work but just
to keep it so that it' s not open to the elements?
MR. CHAIRMAN : It's basically up to the building inspector.
MR. BRUER: Is there any reason why we can't do that~ Mr. Lessard?
VICTOR LESSARD~ BUILDING-DEPT. ADMINISTRATOR: Well--
MR. BRUER AND MR. BERTANI: Tar paper and locks. That' s all.
MR.LESSARD: That would have to be relief granted by the'Z.B.A. I can't arbitrarily
say go ahead and close it. This would have to be a re?ief from the Z.B.A.
~outhold Town Board of Appeals -23- October 24, 1985 Regular
Meeting
(Hearing ~ Appeal No. 3414 - SCHOENBACHLER~ continued: )
MR. CHAIRMAN: That' s an interesting request which has never been asked.
MR. BERTANI: We want to be able to lock it up.
MR. BRUER: lJe wouldn't be doing any more work.'
The Chairman indicated the board wishes to ask an interpretation from one of
our legal counsel first thing in the morning. Mr. Bruer thanked the board for
any assistance that could be given in. this respect.
Pp. 1-23 Prepared from tape
recorded electronically by me.
Respectfully submitted,
Linda Kowalski, Secretary
Southold Town Board of Appeals
ECEiVED AND FILED BY
THE SOUTHOLD TOVfrN
D TE