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HomeMy WebLinkAboutZBA-10/03/1985 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN JR. ROBERT J. DOUGLASS JOSEPH H. SAWI'CKI ~ [ N U T E S REGULAR NEETTNG THURSDAY, OCTOBER 3, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, October 3, 1985 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki, constituting four of five members of the Board of Appeals. Absent was: Serge Doyen, Jr., Member, of Fishers Island due to bad weather conditions. The Chairman opened the meeting at 7:30 p.m. and proceeded as follows: ENVIRONMENTAL DECLARATIONS: On motion by Chairman Goeh- ringer, seconded by Member Grigonis, it was RESOLVED, to declare the following Environmental Declarations which will have Negative Adverse Effects to the Environment for each project as proposed and in accordance with Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.So Environmental Quality Review Act of the Environmental Conservation Law, and Lo.cal Law a~op~ed July 25, 1978, Chapter 44 of the Town of Southold: Appeal No. 3401 PETER AND HELEN PURIC (continued on next page) Southold Town Board of Appeals.. -2- October 3, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3401 PROJECT NAME: PETER AND HELEN PURIC This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the 'reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE-OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for proposed addition reducing sideyard t0ta] to less than 25 feet and reduction of n0rther]y sideyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly kngwn as: ]250 Second Stree%, New Su~f0]k, New-York. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no siqnificant adverse effects to the environment are likely to occur ~hould this project be imple- mented as planned; (2) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board of Appeals -3- October 3, 1985 Regular Meeting (Environmental Declarations, continued:) S.E~Q.R.A. NEGATI~-E EN-VIRONbIENTAL DECLARATION Notice of Determination of Non-Significance APPF~L NO.: 3398 PROJECT NkME: JANE WREN This notice is issued pursuant to Part 617 of the in~plementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [' ~ Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Variance to expand nonconforming building by more than 50% of fair value. LOCATION OF PROJECT: To%rn of Sou,-hold, County of Suffolk, more particularly known as: 3355 S0undview Avenue, Ma.ttituck, New York. REASON(S) SUPPORTING THIS DE~EP~INATION: (1) An Environmental Assessment in the short foz~a has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction as pr0p0sec is landward of existing structures; (3) The proposed c0nstru£ticn is more than 300 feet from the tidal wetlands area along the L0n[ Island Sound. Southold Town Board of Appeals ~4- October 3, 1985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPF_~AL NO.: 3395 PROJECT NZ~u~LE: WILLIAM NEDOSZYTK0 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE· OF ACTION: ['×] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Var-'ance for ap'proval of insuffi.cient lot width in this proposed set-our division pending before the Planning Board. LOCATION OF PROJECT: Town of ~Southold, County of Suffolk, more particularly known as. 3475 Aldrich Lan~,~attitqck, New ¥0rk. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no Significant adverse effects to the environment are likely to occur should this project be imple- mented as planned~ (2) This is a 10t-line variance not directly related to new construction by this application. (3) The property in question is not located within 300 feet of tidal wetlands. Southold Town Board of Appeals -5- October 3, 1985 Regular Meeting (Environmental Declarations, consinued:) S.E.Q.R.A. NEGATIVE ENVIRONMuENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3397 PROJECT NA/VIE: DONAUD AND JUDITH LUCHSINGER 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 Enviroru~ental Conservation Law and Local Law #44-4 of the Town of Southoldi This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [×] Unlisted [ ] DESCRIPTION OF ACTION: Var-'ance to~con'struct-addition w~th a setback of less than 75 feet from wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 820 Lupt0n's ~0int, Ma~.tituck, New York. REASON(S) SUPPORTING THIS DETE~RMINATION: (1) An Environmental Assessment in the short foz~a has been submitted which indicates that no significant adverse effects to the enviroPanent are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing bulkhead. Southold Town Board of Appeals -6- October 3, 1985 Regular Meeting (Environmental Declarations, continued:) S.E,Q.R.A. NEGATI~rE ENVIRONMENTAL DECLAP~ATION NOtice of Determination of Non-Significance APPF2kL NO.: 3391 PROJECT NAME: HOWARD HOEY --- This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of t_he Environmental Conservation Law and Local Law #44-4 of the To~rn 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 deparf~ment or-agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for approval of insufficient area and width in this proposed division pending before the Planning Board. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Main RQad, Orient, New York. P~EASON(S) SUPPORTING THIS DET~P&qINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the enviror~nent are likely to occur should this project be imple- mented as planned; (2) This is a lot-line variance not directly related to new construction by this application° (3) The property in question is not located w~thin 300. feet of tidal wetlands. Southold Town Board of Appeals -7- October 3, ~985 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONFiENT~uL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3392 PROJECT NA~IE: PHILIP G. H0.RTON This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that-this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE-OF ACTION: [X.] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for a~pr. oval of insu_ff~cient and widt,h of parcel in this proposed set-off divisi..on pending before the Planning Board. LOCATION OF PROJECT: T~w~ of southold, County of Suffolk, more particularly known as: South Side of Main Road, Pec0nic, New ¥0rk~ 1000-85~3-5. REASON[S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) /he property in question is not located within 300 feet of tidal wetlan~ds._ (3) This project is not directly related to new construction by this application. - Southold Town Board of Appeals -8- October 33 1985 Regular Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions~) This resolution was adopted by unanimous vote of the members present. 7:41 p.m. Appeal No. 3401. The public hearing was opened in the Matter of P_ETER AN.D HELEN PDRI~fQ~ a variance to. Article III, Section 100-31 for perm!ss~on to construct ad~'ition ~th reduction in total sideward area at 1250 Second Street, New Su'ffolk, New York. 1000-117=07=23. The Chairman read the letter in the · file received today requesting a~postponemen~ in order to all~ time for the applicant's to obtain a determination from the Building Inspector as to compliance with the lot coverage requirements. N~one wishe~.~o~be heard ~n the audience at this time, and the board took the following action: On motion by Mr. Goehringer~ seconded by Mr~ Grigonis, it was RESOLVED, to recess Appeal No. 3401~ PETER AN~ H~LEN PURIC until the next Regular Meet~ing of Thursda~ O~'ob~r Vote of the 'Board: Ayes: Messrs. G~ehringer~ Grig~nis, Douglass and Sawicki. (Member Doyen of Fishers Island was ~bsent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present~ 7:46 p.m. Appeal No. 3398~ The public bearing was opened in the Matter of JANE MATALENE WREN for a Variance to Article XI, Section lO0-118(E)~ ~0~ permission to ~xpand nonconforming 'build- ing by more than 50% of fair value at 3355 Soundview Avenue, Mattituck, New York. William Berliner was present and spoke in behalf of the application (see verbatim transcript prepared under separate cover, also filed with the Town Clerk's Office). For the record it is mentioned that there was no public opposition. Following the hearing, the board took the following action: On motion by Mr Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to conclude the hearing until after the 15-day SEQRA period in the Matter of Appeal No. 3398, JANE WREN, after which time a decision would be rendered. Vote of the Board: Ayes: Messrs~ Goehringer~ Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was ~bsent Southold Town Board of Appeals -9- October 3, 1985 Regular Meeting (Hearing resolutions, continued:) [Appeal No. 3398] due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 7:55 p.m. -Appeal No. 3395. The public hearing was opened in the Matter of WILLIAM'NEDOSZYTKO. Variance for approval of insuffi- cient lot widt~ of parcel to be set-off of 80,000 sq. ft. from 27.934 acres~ W/s Aldrich Lane~ Mattituck, New York. County Tax Map Parcel No~ 1000-124-1-2. William Wickham, Esq. spoke in behalf of the applicant; see verbatim transcript prepared and filed with the Town Clerk's Office under separate cover. Follow- ing testimony, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close (conclude) the hearing and reserve decision in the Matter of Appeal No. 3395, Application of WILLIAM NEDDSZYTKO. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 8:03 p.m. Appeal No. 3397. A public hearing was opened in the Matter of DONALD W. AND JUDITH L. LUCHSINGER. Variance to construct addition to dwelling with insufficient setback from ordinary highwater mark along Deep Hole Creek, 820 Lupron Point Road, Mattituck, New York. Gary Flanner Olsen, Esq. spoke in behalf of the application and Mr. Luchsinger was present. (See verbatim transcript for statements which has been prepared and filed with the Town Clerk s Office under separate cover.) Following testimony, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to conclude the hearing and reserve decision until a later date in the Matter of DONALD W. AND JUDITH LUCHSINGER, Appeal No. 3397. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, -- Douglass and Sawicki. (Member Doyen of Fishers Islan~ was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -10- October 3, 1985 Regular Meeting (Hearing resolutions., continued:) 8:15 p.m. Appeal No. 3391~ A public hearing was held and opened at 8:t5 p.~m. in the Matter of HOWARD HOEY, variance for approval of insufficient lot area and width of.parcels located on the_Sou_th Side of Main Roads Orient, New York~ The public hearing was reconvened from the August 22~ 1985 public hearing as req~uested by applicant's attor~gy. Samuel J. Glickman, Esq. appeared and spoke in behalf of the application. No p~bt~ opoosi- tion was received~ (See verb~.%im tr~n. script for statements made prepared and filed under separate cover with the Town Clerk's Office.) Following testimony, the board took the following action: On motion by Mr. Goehr~ng~r.~, seconded by Members Sawicki~ and Grigonis, it was ~_ RESOLVED, to close (conclude) the hearing and reserve decision in the Matter of A~peal No. 3391~ Application of HOWARD HOEY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member DOyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 8:17 p.m. Appeal No. 3392. A public hearing was held at 8:17 p.m. in the Matter of PHILIP G. HORTON. Variance for approval of insufficient lot area and width. Property zoned partly "B-I" and "A" located at the Sou'th Side of Main Road, Peconic (adjoining Klos' Auto Body on the west side)~ Michael J. Hall, Esq. appeared and spoke in behalf of the application. No public opposition was received. (For statements made, please see veratim transcript prepared under separate cover and filed with the Town Clerk's Office for reference~) Following testimony, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED~ to close (conclude) the hearing and reserve decision until a later date in the Matter of PHILIP G~ HORTON, Appeal No. 3392. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -Il- October 3, 1985 Regular Meeting (Hearing resolutions, continued:) 8:25 p.m. Appeal No. 3389. A public hearing was held at 8:25 p.m. in the Matter of THEODORE AND MARIE PETIKAS. Variance to use entire parcel for "B-Light" Zone. West Side of Sound Road and North Side of Main Road~ Greenport. Premises zoned partly "A" and "B-Light." After introducing the particulars of the application, the Chairman did not open the hearing for public comment and the following action was taken due to the recent Local Law #14-1985 (Moratorium) concerning business properties [see verbatim ~rans- cript prepared under separate cover and filed with the Town Clerk's Office for reference]: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to recess the hearing in the Matter of Appeal No. 3389 of THEODORE AND MARIE PETIKAS to an unscheduled date in the future (pending Local Law #14-1985-Moratorium on Business and Industrial Zoned Properties). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. CORRESPONDENCE: Appeal No. 2922. FRANK E. BRQPHY. Bui. lding I~spe~tor Edwa~ Hindermann ad~6~e~h~s w~itten a permit ~or the construction of '~ ~ear addi'ti.on, hOweve~,~ asks whether a variance ~s necessary under Condition No. 2 of Appeal No. 1597 dated 6/20/72 pertaining to lot coverage. After discussing the particulars of the p'rior decisions and the circumstances of Mr. Brophy's requests, the board took the following action concerning request (b): On motion by Mr. Goehringer, seconded by Mr. Gmigonis, it was RESOLVED, that any change of construction con~er"ning the relief granted under Appeal No. 2922 ~nd any construction which wo~ld affect the 20% lot coverage limitations and any other limitations of the zoning coded 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 per~it. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Southold Town Board of Appeals -12- October 3, 1985 Regular Meeting (Appeal No. 2922- FRANK E. BROPHY~ continued:) Douglass, and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present~ Consultation concerning the withdrawal request from town counsel i~$ pending at this time. APPROVAL OF MINUTES: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the September 12, 1985 Regular Meeting as submitted. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. PUBLIC HEARINGS FOR OCTOBER 24, 1985: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following matters be and hereby are scheduled for public hearings to be held at the next Regular Meeting of this boards to wit: THURSDAY, OCTOBER 24, 1985, commencing at 7:30 p.m. and be ~'~t ~ 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: 7:35 p.m. Appeal No. 3410 - CLIFFORD CORNELL. 7:40 p.m. Appeal No. 3404 - JOHn_HAAS, 7:45 p.m. Appeal Noo 3413 - ANTONE GRIGONIS, JR. 7:50 p,m. Appeal No. 341~5 - PETER AND HELEN PURIC 7:55 p.m. Appeal No. 3401 - PETER AND HELEN PURIC (recessed from tonight). 8:00 p.m. Appeal. No. 3405 - STAMATIOS AND ELENI RAPANAKIS. 8:05 p.m. Appeal No. 3414 - FRED SCHOENBAECHLER. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) Thi~ resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -13- October 3, 1985 Regular Meeting PENDING DECISION: Appeal No- 3386: Application of NICHOLAS TSIRKAS, 3504 208th Street, Bayside, NY 11361, for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A)[1] for permission to locate proposed dwelling with an insufficient setback from edge of the bank along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot ll3; County Tax Map District 1000, Section 33, Block 01, Lot 11. Following deliberations, the board took the following action: WHEREAS, a public hearing was held .and concluded on August 22, 1985 in the Matter of the Application of NICHOLAS TSIRKAS under Appeal No. 3386; 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 permission to locate a new single-family dwelling with attached rear deck with a setback from the edge of the bank along the Long Island Sound at 35 feet, from the southerly (front) property line along Sound Drive at 35 feet, from the westerly (side) property line at l0 feet, and from the easterly (side) property line at 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 33, Block 1, Lot 11, contains an area of 25~250 sq. ft. and lot width of 100 feet. 3. Article XI, Section 100-119.2, sub-paragraph A(2) requires all buildings located on lots adjacent to Long Island Sound to be set back not less than one-hundred (100) feet from the ordinary highwater mark of Long Island Sound. 4. The dwelling proposed by this application is of a size 47' deep by 67 feet wide, and as sketched on survey amended April 3, 1985 appears to meet all other zoning setback and other requirements of the code. 5. The board agrees with the reasoning of t'he Suffolk County Southold Town Board of Appeals -14- October 3, 1985 Regular Meeting (Appeal No. 3386 - NICHOLAS TSIRKAS, continued:) Soil and Water Conservation District and the U.S. Department of Agriculture, Soil Conservice Service Department, that by locating the dwelling 35 feet from the edge of the bluff, during heavy rains the soil will become saturated and this and additional weight may cause the face of the bluff to slide, endangering the dwelling, as well as any other structures. (See letters dated September 30, 1985). In considering this appeal, the board finds and determines: (a) that this proposed is not consistent with those generally exist- ing in the neighborhood since the existing dwellings are set back substantially farther from the bluff; (b) the relief requested is substantial in relation to this zoning requirement, being 65% of a variance; (c) that by allowing the variance as applied, there will be a substantial change in the character o.f the district since it would set a precedent; (d) that the safety of the occupants of the dwellingas proposed will be endangered; (e) that the interests of justice will not be served by allowing the variance as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3386 for a setback of 35 feet from the bluff area along the Long Island Sound in the Matter of the Application of NICHOLAS TSIRKAS, be and hereby IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was adopted by unanimous vote of the members present. PENDING DECISION: Appeal No. 3394: Application of STEVEN EGGERS, 6675 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission'to construct bath-storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Map No. 156, Lot 48; County Tax Map District 1000, Section 111, Block 15, Lot 7. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on September 12, 1985, in the Matter of the Application of STEVEN EGGERS, Appeal No. 3394; 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 Southold Town Board of Appeals -15- October 3, 1985 Regular Meeting (Appeal No. 3394 - STEVEN EGGERS, decisions continued:) WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to locate a 12' by 16 accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach, boating, fishing and similar items. 2. The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead, which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead, upon which existed previously a 15' by 15' storage structure. 3. The parcel in question is located in the "A-40" Residential and Agricultural Zoning District, contains an area of 41,500 sq. ft. and is known as Lot No. 48 on the "Amended Map A, Nassau Point Club Properties, Inc.," identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 15, Lot 7. 4. Existing upon the premises are a 1½-story frame house accessory swimmingpool, and accessory garage, all as shown on survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. 5. Article XI, Section 100-119.2(B) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body, or not less than 75 feet from the landward edge of the tidal wetland, whichever is greater. 6. It is the opinion of the board that the building loca- tion proposed is not unreasonable, particularly since there are bulkheads seaward of this proposed location and since the eleva- tion is more than 50 feet above mean sea level. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial under the circumstances; (b) that by allowing the variance as condition- ally noted below, there will not be a substantial change in the character of the district; (c) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (d) that the circumstances are unique; (e) that the interests of justice will be served by allowing the variance as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that permission to locate a 12' by 16' accessory storage building BE AND HEREBY IS APPROVED in the Matter of Southold Town Board of Appeals -16- October 3, 1985 Regular Meeting (Appeal No. 3394 - STEVEN EGGERS, decision, continued:) Appeal No. 3394, in the Application of STEVEN EGGERS SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities; 2. That the accessory structure be a minimum of three (3') feet from the upper bulkhead shown on the survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. and 25' minimum from the northerly pnoperty line; 3. There be no lighting which will be adverse to other properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) PENDING DECISION: Appeal No. 3390: Application of RICHARD AND DIANE ALLEN for a Variance to the Zoning Ordinance, Article III, Section TO0-31, Bulk Schedule, for permission to construct new one-family dwelling with an insufficient rearyard setback. Location of Property: Private right-of-way located off the South Side of Indian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2; Lot #3 of Minor Subdivision No. 141 approved 11-27-78. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on September 12, 1985, ~n the Matter of the Application of RICHARD AND DIANE ALLEN, Appeal No. 3390; 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 permission to locate a new single-family dwelling having an insufficient rearyard setback from the easterly property .line at 46 feet. Southold Town Board of Appeals -17- October 3, 1985 Regular Meeting (Appeal No. 3390 - RICHARD AND DIANE ALLEN, decision, continued:) 2. The property in question is known as Lot #3 on the Minor Subdivision Map of Meyer Rosenberg approved by the Southold Town Planning Board on November 27, 1978, and is located on the east side of a private right-of-way located off the south side of Indian Neck Road, Peconic. 3. The premises in question contains a total area of 1.267 acres and is presently vacant. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum rearyard setback of 50 feet for new prin- cipal buildings, and the applicant is requesting a variance of four feet for a 46-foot setback, or a variance of eight percent~ 5. It is the opinion of the board that the relief requested is the minimum necessary under the circumstances and that it is the location of the right-of-way that lends to the difficulties of building on this parcel. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial under the circum- stances, being eight percent of a variance of the requirements; (b) that by allowing the variance there will not be a substantial change in the character of the district; (c) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (d) that the circumstances are unique; (e) that the interests of justice will be served by allowing the variance as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goeh- ringer, it was RESOLVED, that permission BE AND HEREBY IS GRANTED AS APPLIED UNDER APPEAL NO. 3390 in the Matter of the Application of Richard and Diane Allen, to construct a new single-family dwelling with an insufficient rearyard setback from the easterly property line at 46 feet. Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) This resolution was adopted by unanimous vote of all the members preSent. Southold Town Board of Appeals -18~- October 3, 1985 Regular Meeting MORATORIUM-EFFECTED APPLICATIONS: On motion by Mr. Goehringer, seconded by Mr' Sawicki~ it was RESOLVED, that the following applications be held in abeyance pursuant to the recent enactment of Local Law #14-1985, Moratorium Concerning Business Properties, until further notice from the Southold Town Board: Appeal No. 3409 - CHARLES SEAMAN. B-1 Zone. ~reight of shellfish from boats docked[ Mill Road, Mattituck. Spec. Exc. Appeal No. 3408 - CHARLES SEAMAN. B-I Zone. Variance to permit freight of shellfish from boats. Mill Road, Mattituck. Appeal No. 3400 - JAMES AND MARY TYLER. "B-I" Zoning District. North Side of Main Road, Laurel. Special Exception to build and operate public garage for repairs of vehicles. Proposed Zoning Amendment: LB. Appeal No. 3407 - FRANK AND DIANE AMMIRATI. "C-Light Indus- trial" Zoning District. East Side of Love Lane, Mattituck. Special Exception to convert existing building for retail sales of take-out, prepared foods and specialty items, as well as catering service in conjunction with single-family residential use. Proposed: "LI." Appeal No. 3298 - PORT OF EGYPT ENTERPRISES, INC.. "C-Light Industrial" Zoning. File incomplete as of 10/84. S/s Main Road, Southold (Fishing Station). Variance for 40Hunit motel with present fishing station uses. Proposed: MB. Appeal No. 3259 - NICHOLAS ALIANO. "B-Light" Zoning District. S/s Main Road, Greenport (east of 7-11). Special Exception to construct four 2-story motel buildings, lO units each, for a total of 40 units. Public Hearing in "open recess" since 7/84 pending contract with Village of Greenport and input or comments from the Town Planning Board. Appeal No. 3389 THEODORE AND MARIE PETIKAS. "B-Light" Zone. W/s Sound Avenue and N/s North Road, Greenport. Variance to expand business zone, premises partly "A" and partly "B-Light." Public Hearing in "open recess" pending moratorium or further notice from Town Board and applicant. Proposed: ? Appeal No. 3206 HENRY P. SMITH. "B-I" Zoning District. W/s Peconic Lane, Peconic. Variance for insufficient lot area with multiple uses (shopping center). Public Hearing in "open recess" as requested by attorney since 9/84. Southold Town Board of Appeals -19- October 3, 1985 Regular Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. OTHER MATTERS REVIEWED AND UPDATED: Appeal No. 3354 - LONG ISLAND SHORES. Variance for approval of insufficient area and width of four proposed parcels. DEC and PB comments or action received. Board to field inspect and review on October 24th as to setting up for public hearing date and SEQRA. Appeal No. 3404 - J'OHN HAAS. Accessory building in frontyard. N/s C.R. 48., Mattituck. Board to field inspect prior to hea~in~ date of October 24th. Appeal No. 3405 - STAMATIOS RAPANAKIS. Reinstate two-family use. E/s Boisseau Avenue, Southold. Board to field inspect prior to hearing date of October 24th. Appeal No. 3406 - RICHARD DUCHANOo Variance for insufficient area and lot width. S/s Champlin Place and N/s Bridge Street, Greenport.- Await Planning Board coordination prior to scheduling for public hearing. Appeal No. 3410 - CLIFFORD CORNELL. Variance for proposed new dwelling with an insufficient rearyard setback. Flint Street, Gree~port. Board to field inspect prior to hearing date of October 24th. Appeal No. 3411 ANDREW FORKLAUB. Variance for renovation of nonconforming building (multiple-dwelling uses on parcel). W/s LIPCO Road, Mattituck. Board to field inspect prior to scheduling for public hearing. Appeal No. 3412 - THOMAS CRAMER AND BENJAMIN HERZWEIG. Variance to construct new dwelling with insufficient setback from wetlands. E/s Meadow Lane, Mattituck. Await Town Trustees action and referral to Soil Conservation Service for comments. Appeal No. 3413 - ANTONE GRIGONIS, JR. for approval of access. ROW off the Old North Road, Southold. Board to field inspect prior to October 24th hearing date. Southold Town Board of Appeals -2~- October 3, 1985 Regular Meeting (Updated Reviews:) Appeal No. 3414 - BERTANI/SCHOENBACHLER. New dwelling constructed with insufficient frontyard setback from Gagen's Landing Road, Southold. Board to field inspect prior to October 24th hearing date. Appeal No. 3402 - EMILIA PIKE. Inusfficient area and width. Planning Board comments expected next week. Board to review and field inspect prior to setting up for public hearing date. Tentative hearing date reserved for November 14th. Appeal No. 3392 MATTITUCK HARBOR ASSOCIATES. Subdivision off S/s New Suffolk Avenue, Mattituck. Await SEQRA inspections by board prior to scheduling for hearing date on variance. Appeal No. 3196 - WALTER HAIRSTON.i Two existing dwellings, proposed division into two lots. Carroll Avenue, Peconic. Await copy of Pre-CO and Planning Board coordination. Appeal No. 3402 ANNA LORIA. Insufficient area and width of proposed division at First Street, New Suffolk. Await County Health Article VI approval and Planning Board coordination. Appeal No. 3396 - GARY DOROSKI. Insufficient setback for proposed pool from wetlands. Mensell Lane, Cutchogue. Await Town Trustees and DEC action. Appeal No. 3391 - C. BRUCE STAIGER. Znsufficient area and width in this proposed re-separation of two parcels at the S/s Wells Road, Peconic. Await DEC action and PB coordination. County Health Article VI favorable reply received. Possible hearing date of November 14th if DEC and PB received before advertising deadline. The Secretary was instructed to hold the above matters in abeyance without a hearing date pending receipt of the .items noted. There being no other business properly coming before the Doard at this time, the .Chairman declared the meeting adjourned. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Linda F. Kowalski., Secretary Town C1e~k. Town at TRANSCRIPTION OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS MEETING OF OCTOBER 3, 1985 Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki. Absent was: Serge Doyen, Member, of Fishers Island due to bad weather conditions. 7:41 p~m. Appeal No. 3401. PUBLIC HEARING was held in the Matter of PETER AND HELEN PURIC. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with reduction in total sideyard area at 1250 Second Street, New Suffolk, New York; County Tax Map District 1000, Section 117, Block 07, Lot 23. The Chairman opened the hearing at 7:41 p~m. and read the legal notice of this hearing and appeal application for the record. CHAIRMAN GOEHRINGER: Is there anyone wishing to speak in behalf of the Puric. application? Anybody like to speak against the Puric application? (There was no response.) The following letter was read for the record: ...Southold Town Board of Appeals Dear Sirs: We request an adjournment of appeal No. 3401 in order to obtain a determination from the Building Inspector as to whether a lot coverage variance is needed. Thank you. Barbara Morizzo Ron Morizzo Builder, Inc CHAIRMAN GOEHRINGER: I guess what we'll do is recess this application without a date, and readvertise it when a determina- tion has been made by the building inspector and applicant. ~outhold Town Board of Appeals -2- October 3, 1985 Regular Meeting (Appeal No. 3401 - PETER AND HELEN PURIC hearing, continued:) (The Chairman and Secretary discussed recessing this matter for the next Regular Meeting, October 24th, rather than re-advertising same. ) CHAIRMAN GOEHRINGER: I'll make a motion recessing and holding this matter in abeyance until .the next Regular Meeting of October 24, 1985. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess Appeal No. 340i, PETER AND HELEN PURIC until the next Regular Meeting of Thursday, October 24, 1985. 'Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 7:46 p.m. PUBLIC HEARING was held in the Matter of JANE WREN. Variance to the Zoning Ordinance, Article XI, Section lO0-118(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. Appeal No. 3398. The Chairman opened the hearing at 7:46 p.m. and read the legal notice of ~his hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch indicating this garage addition, and I will ask the applicant to explain it to us. And I have a copy of the Suffolk COunty Tax Map indicating this property and surrounding properties in the area. Mr. Berliner, could you just briefly explain this to me so I can get for the record here. Now this is existing, this part now, right? ~ILLIAM BERLINER: Yes. MR. GOEHRINGER: Ok. What do these lines indicate over here? MR. BERLINER: This is existing. MR. GOEHRINGER: Yeah. The whole thing. This is the garage, right Now what you're doing is you're going into the garage? MR. BERLINER: Yes. This addition will be off the back of the garage. There's a small cottage there now. There is a room below this existing, which is the room that we're having problems wi.th. Southold Town Board of Appeals -3- October 3, 1985 Regular Meeting (Appeal No. 3398 JANE WREN hearing, continued:) MR. GOEHRINGER:' This' is the proposed? MR. BERLINER' This is the proposed addition right here. the bedrooms out'of the cellar and along side the building. MR. GOEHRINGE-R- MR.-BERLINER: MR'~ GOE-HRINGER: MR. BERLINE'R: inside the bMilding here~ MR. GOEHRINGER' 19' by 32' addition? To get I see. Is this a garage right-here presently? Yes. T-his whole thing exists. How do you get down the basement right now? There is a stairway right here that goes down So basically what you're asking for is a Along side_ of the garage. MR. BERLINER: Yes. MR. GOE'HRINGER: This was an office or something at one time, where was the Office at one time? MR. BERLIN-EM: There was an office where she parks her car now ~there was an office. MR. GOEHRINGER: Oh it was an office° MR. BERLINER: And then the office was moved here and then the office was moved here. But then after that it was changed to a bedroom. MR. GOEHRINGER: Now you can see why there's some confusion on my part~ Thank you very much. Is there anything you would like to s.ay~ in behalf of this application? MR~ BERLIN~ER: I assume it's self-explanatory. I mean if I can answer a_ny more questions. MR. GOEHRINGER: What had happened, because of the hurricane, I made it to half of the inspec~ti6ns this week and did not mak~ it to yours. I somehow recollect the building-- MEMBER GRIGONIS: Joe and I were down there t'his afternoon. MR. GOEHRINGER: Did you have any questions of Mr. Berliner? MEMB-ER GRIGONIS: No~ MR. GOEHRINGER: We under the SEQRA Law cannot make a decision for 10 days after the negative declaration is made, which I made at ~ Sout~hold Town Board of Appeals -4- October 3, 1985 Regular Meeting (Appeal No. 3398 - JANE WREN hearing, continued:) MR. GOEHRINGER~ (continued): the beginning of this hearing tonight. I believe it's 15 days, excuse me. So we couldn't make a decision for 15 days anyway. So within that 15-day period I will come down and look at the property. I couldn't make it during the week but as I said I make it through half on Sunday. It would probably be after the next meeting. MR. BERLINER: Ok. MR. GOEHRINGER: Thank you very much. Let's see if any questions develop, so please don't leave yet. Is there anybody else to speak in behalf of this application? Anybody against the application? (None). Bill, how is this structure heated r~ght now? MR. BERLINER: Electric. There's a wood and coal burning stove in there, and it has electric heat mainly. MR. GOEHRINGER: Is that the way you're going to continue with it if the application was approved? MR. BERLINER: No. There will be an oil burner. MR. GOEHRINGER: Do you have any idea if there's any CO on this building, Certificate of Use or Occupancy? MR. BERLINER: MR. GOEHRINGER: For the existing building? Yes~ MR. BERLINER: MR. GOEHRINGER: MR. BERLINER: One on file with the building department. Can you get us a copy of that? I think it's there. MR. GOEHRINGER: The last time I looked it wasn't, but that doesn't mean it couldn't be here now. SECRETARY: Yes there is, for an accessory building. MR. GOEHRINGER: Ok. This was used as an office at one time by Mrs. Matelene's husband, was it not? MR. BER[INER: Yes, it was. It was a cottage and an office. I't did contain an office and a cottage at the same time. Southold Town Board of Appeals October 3, 1985 Regular Meeting (Appeal No. 3398 - JANE WREN hearing, continued:) MR. GOEHRINGER: Right. Ok. I must have slipped over this CO the last time~. I~m s.Qrry about that. Thank y.~u yery much. Hearing,no ifQ. rther commentS.,~ I'll ask for a motion closing the hearing and reser'ving decision .~ntil after the 15-day period. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to conclude the hearing until after the 15-day SEQRA period in the Matter of Appeal No. 3398, JANE WREN. Vote of the Board- AyeS: 'Messrs~ Goehringer, Grigonis, Douglass and Sawicki, (Member Doyen of Fishers Island was absent due to bad weather conditionso) This resolution w.as adopted by unanimous vote of the members present. 7:55 p.m. Appeal No. 3395. PUBLIC HEARING was held in the Matter of WILLIAM NEDOSZYTKO. Variance for app~roval o.f_ insuffi- cient lot wi.dth of parcel'to be set-off of 80.,000 sq. ft. from 27.934 acres. West Side of Aldrich Lane, Mattituck, New York; County Tax Map Parcel No~ 1000-124-1-2. The Chairm~n opened the hearing at 7:55 p.m. and read the legal notice of this hearing and a~peal application for the record. CHAIRMAN GOEHRINGER: I have'a copy 'of' a survey map dated July 7, 1972 indicati, ng the entire farm and the property to be se~-off.approximately 129.50 feet by an irregular 555.65, again 80,000 sqo fto And I. have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Wick- ham, would you like to be heard? WILLIAM W'I'CKHAM, ESQ.: Mr. Chairman. The reason~ basic reason for this application is that Mr. Nedoszytko has contracted to sell his proper~y, his farm, and wants to r~tain his homestead for himself.~ I'm glad to tell you that the farm is not being sold for development purposes but is being purchased by Mr. Lub- decked for his expansion of his nursery. Most of the farm is already planted except for the home lot. I would like. to make a correction on your st.atement, the frontage, that we have marked out is 145 feet. There are two measurements there, one is 129 and then 15 bey.ond that. MR. GOEHRINGER: You're right. I missed that. Thank you. Southold Town Board of Appeals -6- October 3, 1985 Regular Meeting (AppeaI No. 3395- wI'LLIAM NEDosZYTKO, continued:)~ MRL.WI'C~HAM: Mr. Ross and I went over to the property yesterday and ma~e some more measurements for your information for the record. The home property now, including the driveway on the south, has a frOntage of 86 feet. The hedge in front which marks off all the buildings is between 75 and 80 feet. So that with our proposition the southerly line would be about 60 feet out in the field. This property of course, the buildings, hug the north line and on the other side of the line there is also a residence, and buildings, and they also hug the line. I would say off hand that the frontage there is probably less than 75 feet. CHAIRMAN: How close is the barn to the line, Mr. Wickham, do you have any idea? To the north line? The barn itself. It doesn't indicate on here. MR. WICKHAM: Well, that's apparently just a couple of feet. !CHAIRMAN: problem there? But it's definitely on the property? There's no MR. WICKHAM: Oh, yes. he hasn't marked it. He shows it there but unfortunately CHAIRMAN: There's not going to be any change of a use of that barn in any way? MR. WICKHAM: Oh, no. CHAIRMAN: It'll be used strictly for agricultural purposes and so on and so forth? MR. WICKHAM: Yes. to continue farming. She's got enough of a garden there, almost CHAIRMAN: As I explained to Mr. Berliner, you are aware that we can't make a decision on this appliieation tonight because of present SEQRA requirements. Just to explain to you, we had orig- inally had to do two inspections, both the SEQRA inspection and the regular inspection and we had decided with. the numerous amount of inspections that we have to make, that we would only make one inspection. So this is the purpose of the 15-day period. I thank you very much for coming in. Is there anybody else that would like to speak in behalf of the application? Anybody against the appli- cation? Questions from board members? (None) Hearing no further questions, I'll make a motion closing (conCluding) the hearing and reserving decision until later. Southold Town Board of Appeals -7- October 3, 1985 Regular Meeting (Appeal No. 3395 WILLIAM NEDOSZYTKO hearing, continued:) 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. 3395, Application of WILLIAM NEDOSZYTKO. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. 8:03 p.m. PUBLIC HEARING: Appeal No. 3397. Matter of DONALD W. AND JUDITH LUCHSINGER. Variance to construct addition to dwelling with insufficient setback from ordinary highwater mark along Deep Hole Creek. 820 Lupton Point, Mattituck, New York. The Chairman opened the hearing at 8:03 p.m. and read the legal notice of this hearing and appeal application for the record. ~HAIRMAN GOEHRINGER: I have a copy of a survey indicating a house placed approximately four feet to the east property line, 18 feet to the west property line, 41 feet from the north, with no indication as to how far the house is placed from the bulkhead. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It indicates to me that there is a deck that is proposed in this particular application, which I will ask the attorney in reference to size, since it is irregularly shaped. Mr. Olsen, would you like to be heard? GARY FLANNER OLSEN, ESQ.: My name is Gary Olsen, attorney for the applicants, having my offices at Main Road, Cutchogue. As you can see from the survey there is already a preexisting house that was built prior to zoning, and what the applicant seeks to do is square off the house to help given some additional room inside. I think that actual addition to the house is about llO sq. ft., and then in order to take advantage of the lovely view over Deep Hole Creek, he wants to construct a deck between the house and the creek. Due to the fact that the zoning code was written in such a way that there was no exception to allevi- ate the necessity of applying for a variance on any construction behind bulkheaded property, we have to of course go through this variance procedure. The deck I unerstand will have approximately 450 sq. ft. I have scaled the distance of the edge of the deck to the bulkhead at about 45 to 50 feet. It's respectfully sub- mitted that in no way would the zoning code be adversely affected by the granting of the variance, and I also wish to point out Southold Town Board of Appeals -8- October 3, 1985 Regular Meeting (Appeal No. 3397 - DONALD W. AND jUDiTH LUCHSINGER-hearing,'continued:') MR. OLSEN (continued:) that the N.Y.S. Department of Environmental Conservation has even waived jurisdiction in matters where the construction takes place behind bulkheaded property. I also have a letter from the Board of Trustees that was addressed to me dated September 30th. I'll read it to you for the record. "...Dear Mr. Olsen: Please be advised that the following action was taken by the Board of Town Trustees at a regular meeting held on September 25,'1985: RESOLVED that the Town Trustees of the Town of Southold hereby grant a waiver on the need of a wetland permit for Dr. and Mrs. Donald Luchsinger for the construction of an addition to an existing residence and a deck on property referenced above, subject to the following provisions: 1. Roof run off shall be discharged into dry wells. 2. Care should be taken so as to preclude the entry of any construction material into .adjacent waters. 3. Immediately following construction, all areas of exposed soil shall be properly protected with suit- able erosio, n control devices and/or vegetated to prevent entry of er~oded soil into nearby waters. Very truly yours, Henry P. Smith, President Board of Town Trustees .... I have discussed these provisions with my client, who is here tonight; and we have no. problem in living up to any of those requirements° If you've looked at the property, and if you haven't, then I .ias~sume you will, the bulkhead, the level from the top of the bulkhead to the beach below is approximately four feet, and then there is an increase from the top of the bulkhead up to the foundation level. Also, we received from the contiguous landowners on the both sides of this house letters or notes that were written on the bottom of the notices that we sent to them~ I'll give them to you also for the record: Southold Town Board of Appeals -9- October 3, 1985 Regular Meeting (Appeal Noo 3397 - DONALD W~ AND JUDITH LUCHSINGER hearing, continued:) MR. OLSEN (continued): This one is from a Joseph R. Corso and Camilla Corso: ...We, the undersigned adjacent property owners, have no objec- tion to the above application for a. variance. We urge that. the request of the petitioners be granted. We have been shown the proposed plans. Dated: September 6, 1985 .... I also have a statement from the adjacent landowners on the other side by the name of Markel: ...We have studied the plans submitted for the remodeling of the waterfront side of the Luchsinger home and feel that they are necessary for the adequate use of the prem- ises and that they do ~not pose a threat to the wetlands. We urge that an appropriate variance be granted. Dated: September 14, 1985 So, I'll submit all of this to you for your file. (Copies of both replies submitted for the record.) CHAIRMAN: Can I just ask you a question, Mr. Olsen. the part that is going to be enclOsed, is that correct? MR. OLSEN: The enclosure is only about llO Sq. ft. CHAIRMAN: ItJs jus~t across the front then? This is MR. OLSEN: There was a tree, where you see this indentation on the survey, there was a tree there, which is now gone and what he wants to do is close off that, and I would point out that i~ looks like what he is doing as fan as the addition part to the house itself is really within the confines of the existing setback of the house itself,. CHAIRMAN: Ye~s, no problem. I was down there last night. I parked in the neighbor's d?iveway because all the trees were down. MR. OLSEN: But it's just-- CHAIRMAN: That part right thiere that is going to be enclosed and the rest of it will remain open. You have no intention of enclosing the ~deck. ~ MR. LUCHSINGER: No, no. CHAIRMAN: And no encroachment any closer to the property line on this side to gain access to the bulkhead, which we're always Sout~old Town Board of Appeals -10- October 3, 1985 Regular Meeting (Appeal No. 3397 - DONALD W. AND JUDITH LUCHSINGER hearing, continued:) CHAIRMAN (continuedr): concerned about, so that you can get access to this bulkhead. MR. LUCHSINGER: No, I'm not sure what you're saying~ CHAIRMAN: No further encroachment~ We would be placing a res- triction on it that this particular area always remain open and free. I'm not referring to this area in here, Gary, I'm-- MR. OLSEN: You're talking about the area between the house as exists now and the westerly boundary line. That 18 feet. He's not planning on doing anything there. CHAIRMAN: Yes, because this is the only access to his bulkhead if he has to work on it. MR. LUCHSINGER: Sure. MR. OLSEN: I would assume the purpose of the zoning requirements about the setback is to protect wetlands and ~o on, and obviously this is not a situation where any construction between the bulkhead and the deck is going to adversely affect any wetland. CHAIRMAN: No. Of course not. MR. OLSEN: I heard that the code doesn't have a provision in it that we didn't have to go through this variance procedure on this kind of a thing. But, in any event. CHAIRMAN: Ok. We thank you very much, gentlemen, for coming in. Anybody else like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion reserving decision until a later date. MEMBER DOUGLAss: Second. On motion by Mr. Goehringer~ seconded by Mr. Douglass, it was RESOLVED, to conciude the hearing and reserve decision until a later date in the Matter of DONALD W. AND JUDITH LUCHSINGER, Appeal No. 3397. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -ll- October 3, 1985 Regular Meeting 8:15 p.m. Appeal No. 3391. PUBLIC HEARING - Matter of HOWARD HOEY~ Variance for apR~oval of insufficient'lot area and width. South Side of Main Road, Orient,_ New York~ This matter is reconvened as advertised from the August 22, 1985 public hearing as requested~ CHAIRMAN GOEHRINGER: We had an open recess from the August 22, 1985 meeting. Did you have any other statements to add other than the requested additional square footage? SAMUEL J. GLICKMAN, ESQ.: No. We have now 61~000 sq. ft. To make M~ Hoey~ who is selling it to the tenant who has been there for the last ten years or more, the house, ~s Mr. Douglass will tell you, if it's worth $10,000, $12,000, to make him pay approximately $80,000 for two acres of land--Mr. Hoey is being nice to the man is going to charge him practically very very little. We can't live up to the zoning law. If you have a look at our survey there, if you stretched that to two acres-=a young man can't take care of that himself, can't purchase it. The value far exceeds the house and it would be an injustice to both Mr. Hoey and Mr~ Bakers who has lived there ten years to see if he wants to remodel parts of it and fix it, and make him purchase two acres. I'm asking the board to take that into consideration. CHAIRMAN: Ok. We thank you for bringing this back as quickly as you could. Is there anybody else that wishes to speak in behalf of this application? Anybody that would like to speak against the application? Questions from board members? (None) Hearing no '~ further questions, I'll make a motion closing the hearing and reserving decision until later~ On motion by Mr. Goehringer, seconded by Members Sawicki and Grigonis, it was RESOLVED, to close (conclude) the hearing and reserve decision in the Matter of Ap.peal No. 3391, Application of HOWARD HOEY~ Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki~ (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -12- October 3, 1985 Regular Meeting 8:17 p.m. Appeal No. 3392. PUBLIC HEARING. Matter of PHILIP G. HORTON. Variance for approval of insufficient lot area and width. Property zoned partly B-1 and A located at the South Side of Main Road, Peconic (adjoining Klos' Auto Body on the west side). The Chairman opened the hearing at 8:17 p.m. and read the legal notice of this hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map indicating this particular parcel dated August 7, 1985, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Hall, any time you're ready. MICHAEL HALL, ESQ.: I'm here tonight, of course, for Mr. Horton. He is the seller of the property. I'm in fact represent- ing the purchasers but with the consent of Mr. Horton. We're asking for this variance because quite frankly that's all the seller would agree to sell, would be the 90 feet. He wanted to retain the 200 feet for himself. The square footage as I said in my application is not a big problem. It's there or right on to the B-1 zoning. The width of 90 feet is very similar to several of the other parcels in the vicinity as the tax map shows. The parcel, of course, being subdivided is 290 feet, which is larger than most parcels in the area. It bends around CHAIRMAN: It bends around the Klos property? MR. HALL: Yes, it does. There's a dog-leg there. CHAIRMAN: Oh you have a better map than me. MR. HALL: You should have this one. CHAIRMAN: I have mine penciled. MR. HALL: Ok. That's yours. (Copy of additional survey dated May 3, 1985 without barn submitted for the file.) But to answer your question, it is contiguous to the Klos property on 1½ sides or almost two sides. CHAIRMAN: And there will be no change in use? MR. HALL: Change of us from what? understand the question, of course. I want to make sure I CHAIRMAN: What's the present zone of the property? MR. HALL: Ok. It's B-1 for the front 200 feet and A in the rear. They don't intend to change the rear part of the parcel if that's what you mean. They would tike to keep it separate if possible because they're brothers, Frank and Bob Klos, and because they'd like to have the single and separate lot. Southold Town Board of Appeals -13- October 3, 1985 Regular Meeting (Appeal No. 3392 - ~HILIP G. HORTON hearing, continued:) CHAIRMAN: This then is adjoining the shop and will be used in conjunction with the shop, or whatever. MR. HALL: For now, yes. That is correct. Like I said though-- CHAIRMAN: The parking~ and so on and so forth. This is where they cleared it all out MR. HALL: Yes. CHAIRMAN: And the shop is in whose name? At the present time. MR. HALL: The two brothers. Frank and Bob. CHAIRMAN: And this will be taken in what name? MR. HALL: One or the other to avoid a merger. CHAIRMAN: to make? Did you have any other statements you would like MR. HALL: itself? Does the board have any concerns about the subdivision CHAIRMAN: Bob? Charles? I don't see any unless the other board members do. Serge? Joe? MR. HALL: That's all I have to say. CHAIRMAN: Is there anybody else that would like to speak in behalf of this application? Anybody to speak against the applica- tion? (No one.) Hearing no further comment, I'll make a motion closing (concluding) the hearing. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close (conclude) the hearing and reserve decision until a later date in the Matter of Appeal No. 3392, Application of PHILIP G. HORTON. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by unanimous vote of the members present. Southold Town Board of Appeals -14- October 3, 1985 Regular Meeting 8:25 p.mo Appeal No. 3389 PUBLIC HEARING. Matter of THEODORE AND MARIE PETIKAS. Variance to use entire parcel for "B-Light" Zone. West Side of Sound Road and N/s Main Road, Greenport. The Chairman opened the hearing at 8:25 p~m. and read the legal notice of hearing hearing and appeal application for the record. CHAIRMAN GOEHRINGER: We have a copy of a survey dated May 9, 1985~ amended June 6~ 1985~ prepared by Roderick VanTuyl, P.C. indicating what I assume to be the "B~'~ Zone~ which consists of a shed, of approximately 100' by 100' and an "A'~ Zone of approximately a variable 100' by 100~ also. And I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. I also have a letter from Mr. Hall (attorney for the applicant) which I shall read for the record: October l, 1985 Please accept thins request for a recess of the Zoning ~_B=o_ard heari~ng for the~ _above matter whi~ch i_s presently, y_. scheduled for Thursday, 'October 3rd~ 1985 at 8~00. I must make this request because ofi~"he recent hurricane and oNr inability to contact a thi._r.d party~ Please notify me of .the. recessed hearing date~ ~]whi_.~ch time I will be ready to proceed on behalf of my clients~. /s/ Michael j~ Hal-i ..... CHAIRMAN- I ~on~t-~"have to_apen this hearing--I in effect can"t open-this hearing~ Mr~ Hall., and the reasqn..why I q~n~t open this hearing is because or_She recent moratorium on business parcels in the Town of Southold. And the moratorium came before us last week, and at this particular time~ all I can do is advise you and your clients to proceed in the manner which the law reads~ So I~ll ask you to get a.~copy of the law from the Town. Clerk and deal ~.th it on tha_t partic.~lar basis~ at which time in the future~ based upon the law, y. ou're very welcome to come back. So we will at ~his_ time recess this heari.ng for_~, an unscheduled date in the future and we"l] go from that. I. make that motton~ gentlemen~ MEMBER SAWICKI~ Second. On motion by Mr~ Goehringer, seconded by Mr. Sawi.cki~ it was RESOLVED, ~0 recess the hea~ing in the Matter of Appeal Noo 3389 of THEODORE AND MARIE PETIKAS to an'unscheduled date in the future~ - Vote of the Board- Ayes: Messrs. Goehringer~ Grigonis~ Douglass and Sawicki~ (Member Doyen of Fishers Island was absent due to bad weather conditions.) This resolution was adopted by ~" So'~thold Town Board of Appeals -15- October 3~ 1985 Regular Meeting (Appeal No. 3389 - THEODORE AND MARIE PETIKAS hearing, continued:) unanimous vote of the members present. Following the hearings~ the board proceeded with the Regular Meeting. (See Clerk's Minutes also filed with the Town Clerk) RECEIVED AND FILED BY THE SOUTHOLD TOWrN CLERK DATE ,,/3~/~5 I-IOUB Respectfully submitted, Linda F. Kowalsk~ Secretary Southold Town Board of ^ppeals Pp. 1-15