HomeMy WebLinkAboutZBA-08/08/1985APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$.JR.
SERGE DOYEN. JR,
ROBERT J. DOUGLASS
JOSEPH H.$AWlCKI
Southold Town Board of Appeals
MAIN ROAD--~TATE RDAD 25 SOUTHOLD, l.l., N.Y. 11971
TELEPHONE (516) 765-1809
MINUTES
REGULAR MEETING
AUGUST 8, 1985
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday, August 8, 1985 at 7:30 p.m. at the Southold Town
Hall, Main Road, Southold, New York.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Serge Doyen, Jr.; Joseph H. Sawicki; and
Robert J. Douglass, constituting all five members of the Board
of Appeals. Also present were Victor Lessard, Building-Depart-
ment Administrator, and approximately 15 persons in the audience
at the opening of the meeting.
The Chairman called the meeting to order at 7:30 p.m. and
proceeded with the first public hearing on the agenda, as follows:
7:30 p.m.. Appeal No. 3378 - Public Hearing was held in the
Matter of the Application of MARK A. SQUIRES FOR A Variance to
construct swimmingpool on vacant parcel located at the East Side
of Vanston Road, Cutchogue, Nassau Point Club Properties, Section
D, Lot 356. The Chairman read the legal notice of hearing and
appeal application. Mrs. Cathy Squires was present and spoke in
behalf of the application. It is noted that no objections were
entered in the record. The verbatim transcript of this hearing
has been prepared under separate cover and filed simultaneously
with the Town Clerk's Office for reference.
Following the hearing, the board took the following action:
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close (conclude) the hearing pending deliberations.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Southold Town Board of Appeals -2- August 8, t985 Regular Meeting
(Appeal No. 3378 - MARK A. SQUIRES, continued:)
Douglass and Sawicki.
of all the members.
meeting.)
Thi-s resolution was adopted by unanimous vote
(A decision was not rendered at tonight's
7:45 p.m. Appeal No. 3380 - Public Hearing was held in the
Matter of the Applicatio~ of GEORGE AND DORIS SULLIVAN for a
Variance for an accessory storage building in th.~eas~erly side-
yard area at the South Side of Sandy Beach Road, Greenport, New
York~ The Chairman read the legal notice of hearing and appeal
application. Mrs. Sullivan was present and spoke in behalf of
her application. It is noted for the record that no objections
were entered. ~'~Th~.verbatim transcript of this hearing has been
prepared under separate cover and filed simultaneously with the
Town Clerk's Office for reference.
Following the hearing, the board took the following action:
On motion by Mr. Goehrin§er~ seconded by Messrs. Douglass
and Grigonis, it was
RESOLVED, to close (conclude) the hearing pending deliberations.
Vote of the Bo'ard: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
7:48 p.m. Appeal No. 3381 Public Hearing was held in the
Matter of the Application of OTTO ZAPF for a Variance for~an ~cces-
~ory'~bu~ld~g'~n the fr~ntyard~are~, proper~y l~cated~a~ong~a
private right-of-way off the North Side of Main Road, Orient, New
York. The Chairman read the legal notice of hearing and appeal
..application. Ebic~B~essler, Esq. was present and spoke in behalf
of the application. Also present was Mr. Horton, builder for
Mr. Zapf. (See verbatim transcript of hearing filed under separate
cover with the Town Clerk's Office for reference herewith.) It is
noted that no objections were received for the record.
Following the hearing, the board took the following action:
on' motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close (conclude) the hearing pending deliberations.
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 -3- August 8, t985 Regular Meeting
~:55 p.m. Appeal No. 3377 - Public Hearing was held in the
Matter of the Application of NICHOLAS IPPOLITO for a Variance as
to insufficient lot area of two parcels, each with an existing
single-family dwelling at the West and East Sides of Carole~Road,
Southold, New York. The Chairman read the legal notice of hearing
and appeal application for the record. Gary Flanner Olsen, Esq.
and Lance Larsen were present and spoke in behalf of the applica-
tion. Submitted at the hearing were~ (a) August 8, 1985,
Real Estate Report of Larsen Appraisal Services for this
property; (b) copy of letter to Howard Terry, prior Town
Building Inspector~ dated July 15~ 1975; (~.) copy of letter
from Howard Terry, prior Town Build. lng Inspector~ to Gary F.
Olsen, Esq. dated July 16~ 1975; (dj copy of Suffolk County
Tax Map Jell, the ahea_i.~,questi~n,'- Opposition was received
from Mrs. Smulcheski, a property owner along the East Side of
Carole Road. (See verbatim transcript of this hearing prepared
under separate cover and simultaneously filed herewith at the
Town Clerk's Office for reference.)
Following the hearing, the board took the following action:
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, ~0 close (conclude) the hearing pending deliberations.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous vo~e
of all the members.
8:12 p.m. App6al Noo 3348 - Public Hearing was held in the
Matter of the Application for CHARLES P. SIMMONS for a Variance as
to insufficient lot width of two ~.arce.ls in this four-lot division
at the North Side of Sound Avenue, Mattituck~ New York. T.he Chair-
man read the legal notice of hearing and appeal application for
the record. Eric Bressler, Esq. and Mr. Simmons ~ere present and
spoke in behalf of the..application. It is noted that no one spoke
against this application during the hearing. (See verbatim
transcript of hearing filed under separate cover with the Town
Clerk's Office for reference herewith.) . ~
Following the hearing, the board took the following action'
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close (conclude) the hearing pending deliberations
and subject to Planning Board action on the right-of-way fore, improvements under 280~A.
Vote of the Board: Ayes: Messrs..Goeh~inger, Grigonis, Doyen,
Southold Town Board of Appeals -4- August 8, 1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS, cont'inued:)
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
8:30 p.m. Deliberations.
Appeal No. 3363 - Pending Decision in the Matter of MARION KING.
Paul Caminiti, Esq. delivered a letter to the Board of Appeals this
appeals this afternoon from his client, Mrs. King, indicating that
she would be in agreement with a ~empo'rary conditional variance if
the board felt it ~s necessary. ~ifew of the board members asked
for an opinion from the Town Attorney in this regard. No decision
was made at this time. (This matter will be deliberated upon at
the next Regular Meeting, which will be before August 24th.)
NEW PUBLIC HEARINGS FOR AUGUST 22, 1985:
In reviewing the new applications pending, motion was made by
Mr. Douglass, seconded by Mr. Goehrin~er~ that it be
RESOLVED, that the following applications be and hereby are
scheduled to be held for public hearings at the next Regular Meetin§
of th~s board, to wit: THURSDAY, AUGUST 22, 1985, to be held at the
Southold Town Hall, Main Road~ Southold, New York, and it be further
RESOLVED~ t'hat the Secretary~ Li"nda Kow~'lski, is hereby authorized
and directed to advertise notice of same pursuant to law in the local
and Official newspapers of the town, to wit: Suffolk Times, Inc. and
the Long Island Traveler~Watchman, Inc~:
7:30 p~m~
HOWARD HOEY - Variance for approval of parcel having
insufficient area and lot width in this proposed
division of land located at the South Side of Main
Roa~ Orient~ NY;~ Cou'~ty Tax Map District 1000,
Section 19~ Block 0], Lot 14 (14.~1).
7~'35 p.m.
ESTATE OF'LE[AND B~ FRASER - Variance for permission
to c~nvey 6,196± sq. ft. of land to Subdivision Lot
#125 and 9,300± sq. ft. of land to Subdivision Lot #128,
which will reduce the remaining parcel (consisting
partly of Lots #126 and #127) to an area of 49,716±
sq. ft. in area and lot width of 161.57± feet.
Location: West Side of Nassau Point Road, Cutchogue.
7:40
GEORGE AND'ALICE GLOGG - Variance for permission to
construct additio~n., which exceeds 50% of the fair
value of the existing nonconforming building. Loca-
tion of Property: 11255 Sound Avenue, Mattituck, NY~
Southold Town Board of Appeals -5- August 8, 1985 Regular Meeting
(Public Hearings for 8/22/85~ continued:)
7:45 p.m. JOHN MITSI~IKOS AND OTHERS, 72A Nassau Point Road,
Cutchogue, NY for a Variance to the Zoning Ordinance, Article III,
Section 100-32 for permission to construct tennis court in front-
yard area and fence in excess of four-feet in height as restricted
by Article XI, Section 100-119.1. Location of P~operty: 7120 Nassau
Point Road (a/k/a 150 Bridge Lane)~ Cutchogue, NY; County Tax Map
Distr~ct 1000, Section 111, Block 15~ Lot 4.1 (4 & 5).
7:50 p~m. NICHOLAS TSIRKAS - Variance for permission to
locate proposed dwelling with an insufficient setback from edge
of bank along the Long Island Sound. Location: North Side of
Sound Avenue, Greenport~ ~NY; Eastern Shores Subdivision Map 4586,
Lot 113; County Tax Map District 1000, S6ction 33, Block 01, Lot 11.
7:55 p.m. PAMELA J. SELLARS - Variance for permission to
construct attached'garage addition with an insufficient easterly
sideyard setback and insufficient total sideyard. Location of
Property: South Side of Westview Drive, Mattituck, NY; County
Tax Map District 1000, Section 139, Block'O1D Lot 23.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
APPROVAL OF SPECIAL EXCEPTION ANNUAL RENEWALS:
Mr~ Goehringer, seconded by'Mr. Grigonils~ it wa~.
On motion by
RESOLVED, to approve the 'following special exception permits
for a period of ONE YEAR COMMENCING FROM THE DATE HEREOF and
subject to the Federal Highway BeautifiCation Act and Funding
Laws for Highways~ a~may be applicable:
Archeologi~al Association of NY
Beachcomber Motel
Caberon Properties, ~nc~
Cedar Beach Park Association
Dawn Estates
Eastern Long Island Kampgrounds
Mattituck Lions-Club
Fleet Lumber~ Inc.
Goldsmith's Boat Shop~ Inc.
Greenport Methodist Church
Philip Loria
No. 1493
Nos. 1664, 1669
No. 1615
No. 936
No. 977
No. 2375
No. 1285
No. 1067
No..1166
No. 2572, 2571, 2573
No. ZgO~
Southold Town Board of Appeals -6- August 8, 1985 Regular Meeting
(Special Exception An~u~iP-Re'newals, continued:)
Richard MacNish
Manor Grove Corp.
Mattituck Lions Club
Mattituck Plumbing and Heating Corp.
George Mostupanick
Mr. and Mrs. C~ Norklun
John A. Po~ywoda
Pond Enterprises, 'Inc.
Rev~ Alan ~J. Placa, Director
R'aynor-and~-Suter Hardware
Harold R, Reeve &'Sons No.
R'es~n Shores Property Owners Assn. No~
Do-rothy Robertson, 'Bnown~s Hills Ests~No.
Southold Savings-Bank
Souithold Town Democratic Committee
Volinski Olds
We~ls Pontiac-Cadillac, Inc.
No. 1003
No. 963
No. 1285
No. 935
No. 890
No- 2726
No. 2432
No. 2064
No. 926
No~ ~962
999
937
920
968
No. 2619-2626
No~ 1476, 1477
No. 2075
Vote of the Board: Ayes: Messrs. Goehringer~ Grigonis, Doyen,
Douglass and Sawicki. This resolution was adopted b~ unanimous vote
of all the members.
'~NVIRONMENTAL DECLARATIONS:
seconded by Mr. Douglass~ it was
On motion by Mr. Goehringer,
RESOLVED, to ~eclare the following Environmental Declarations
pursuant to Part 617 of the implementing regulations pertaining
to Article 8.. of the N.Y.S~ Environmental Qu.ality Review Act of the
Environmental Conservation Law and Local Law #~4=4 of the Town of
Southold:
Appeal No. 3378 MARK SQUIRES
(continued on page 7)
Southold Town Board of Appeals -7- August 8, 1985 Meeting
S.E.Q.R.A.
NEGATI~ENVIRON~NTALDECLA~TION
Notice of Determination of Non-Siqnificance
APPEAL NO.: 3378
PROJECT NAME: Mark Squires
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 ~2~ Unlisted [ ]
DESCRIPTION OF ACTION: Permission to construct an inground pool as
principal use on property.
LOCATION OF PROJECT:.~>~.~ :- ~c~/~Ut~'~g~un~r°f.Suff°lk, more
particularly known as: Vanston Road, Cutehogue, ~
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The property in question is not located within 300 feet
of tidal wet~ands or other critical environmental area.
Southold Town Board of Appeals -8- August 8, 1985 Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3380
PROJECT NAME: George and Doris Sullivan
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 ~7~ Unlisted [ ]
DESCRIPTION OF ACTION: construc~ accessory structure in side
area p~rmitted in rear yard only
LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more
particularly known as: Sandy Beach Road , Greenpo~t
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental. Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The proposed building for which this use us intended would
be landward or near existing buildings.
Regular Meeting Bombard of Appeals -9- August 8, 1985
S~E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.: 3381
PROJECT NAME: Otto Zapf
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: permission to construct accessory building
in front yard Accy buildings in rear yard only
LOCATION OF PROJECT: Town of Sou~hold. C, QuDtYRO~S~f£olk, more
particularly k~gwn as: Right of Way off ~v~n oaa urlent
REASON[S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Construction is landward of existing structures
FOR FURTHER INFORMATION~ PLEASE CONTACT: Linda Kowals~i, Secretary,
Southold Town Board of Appealing. Town Hall~ Southoid~ NY 11971; tel. 516-
765-1809 or 1802.
Copies'of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
Southold Town Board of Appeals -lO-August 8, 1985 Meeting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Siqnificance
APPEAL NO.: 3377
PROJECT NAME: Nicholas Ippolito
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 dcclaration 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:Set off parcel
LOCATION OF PROJECT: Town of ~ou~ho~d,.~opQty of, Suffolk, more
particularly known as: 230 Carole ~oa~ ~oumnoi~
REASON(S) SUPPORTING THIS DETERMINATION:
~1) An Environmental Assessment in the shorn form has been
submitted which indicates that no s~gnificant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is a lot-line variance not directly related to new
construction by this application.
Southold Town Board of Appeals-Il=August 8, 1985 Regula~J-Me~ting
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO.:
PROJECT NAME:
3348
Charles Simmons
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 Of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law ~44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similhr
project.
TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: Subdivision Variance for insufficient
lot width
LOCATION OF PROJECT: Town of Southold, Count~ or, suffolk, more
particularly known as: 1485 Sound Avenue, ~attituck
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is a lot-line variance not directly related to new
construction by this application.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki.This resolution was adopted by unanimous vote
of all the members~
Southold Town Board of Appeals
-12- August 8, 1985 Regular Meeting
PENDING COMPLIANCE: Appeal No. 2760 - RICHARD ANDERSON.
Pursuant to a verbal request of Peter Stoutenburgh in behalf
of Mr. Anderson, the board was adv~sed~that the right-of-way
has been improved within the last week, and asks the board to
inspect. Member Douglass was requested to inspect and report
on the condition of the right-of-way. (This matter will be
place~_on the August 22nd agenda.)
-PENDING COMPLIANCE: Appeal No. 3294 - PETER J. AND MARGARET S.
~ROYAN~, pen~ing improvements tQ rig~ht-of~Wax_ ~or .a~ceptanCe.
Mr~ Lessa~d~sai~be did inspect th~ right-of-way, and.~apologized
for.Dot having a written report in time for the board's acceptance
this evening. The Chairman held this matter in abeyance pending
receipt of a written repor~ on his recent inspection, which was
expected .prior to the August 22nd meeting.
NEW APPLICATIONS: The following files were reviewed and
tentatively~p, laced on the'next available agenda for early Septem-
ber for ~ublic hearings, pending field inspections and research:
Appeal No. 3390 - R-ICHARD AND DIANE ALLEN - Variance for new
dwelling with insufficient rearyardo Private R-O-W
off South Side of Indian Neck Road, Peconioc.
(Pr'oper sketch was requested b~ August 21st to meet
t9 ~dvertising deadline°)
Appeal
No. 3389 - NICHOLAS PETIKAS - Variance tp utilize
parcel zoned "~-Li~ght" and "A", for "B-Light"
zoning 100%. ~West Side of SoUnd Road and North
Side of C.R. 48~ GreenpoWt.
PENDING PLANNING BOARD COMMENTS: In reviewing recent
application of ALICE HUSSIE, A~peal~No. 3387~ it was noted that
this project.?~ui~res ~ite 91an approval fwom the SOuthold Town
P'l~nn.ing.. Board for a proposed tennis and recreational facility
at the West Side of Horton Lane, Southo~l~. On motion by
Mr. Douglass~ seconded '~y Mr~ Goehring~r, it was
RESOLVED, that Appeal No. 3387, in the Matter of ALICE HUSSIE,
be and hereby is held temporarily in abeyance pending a~.proval or
recommendations (or other comments) from the Town Planning B~ard
concerning the site plan elements.
Vote of the Board: Ayes: Messrs~ Goehringer, Grigonis, Doyen,
Douglass and_ Sawicki~ This resoletion was adopted b~ unanimous vote.
.... ~ ~ ~
Southold Town Board of Appeals -13- August 8, 1985 Regular Meeting
PENDING DECISION: Appeal NO. 3374:
Application of SOUTHLAND CORP. (7-11) - Variance to the Zoning
Ordinance, Article XI, Section lO0-119.1(a) for permission to construct
fence in excess of height limitations in frontyard area at premises
identified as 56480 Main Road, Southold, NY; County Tax Map Parcel
No. 1000-62-03-37. (B-1 Business Zoning District).
The public hearing on this matter was held and concluded on
July 18, 1985. Following deliberations, the board took the follow-
ing action:
WHEREAS, a public hearing was held and concluded on July 18, 1985,
in the Matter of the Application of SOUTHLAND CORP., Appeal No. 337¢~
and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
for the record that there has been no opposition entered concerning
this appeal application; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests a variance from
the requirements of Article XI, Section lO0-119.1(a) for approval of
a six-foot high chainlink fence, with redwood slats through the links,
10' by 10' enclosure for the purposes of storage within the frontyard
area.
2. The 10' by 10' fence enclosure is shown at six feet from
the westerly front property line, set approximately 12 feet from
the west side of the principal building.
3. The parcel in question i.s located in the "B-l" General
Business Zoning District, contains an area of 17,954 sq. ft., with
150' frontage along the Main (State) Road and 125 frontage along
Locust Lane, a town road.
4. The premises is improved with a one-story masonry building
of a size 67' by ~5~ set back from the northerly front property line
52 feet and from the westerly front property line 35 feet,and the
existing 10' by 10' fence enclosure in question.
5. The board members are in agreement with the appellant and
Southold Town Board of Appeals -14- August 8, 1985 Regular Meeting
(Appeal No. 3374 SOUTHLAND CORP., continued:)
find that the height of the subject fence enclosure is necessary for
storage of garbage in portable garbage containers, provided that the
fence enclosure not be roofed, that the contents to be stored not exceed
the height of the fence at six feet~ and there be no storage of flam-
mable or combustible materials.
In considering this appeal, the board has found that this
proposal should be granted as conditionally noted below since:
(1) the relief requested will not be detrimental to adjoining
properties; (2) there will be no substantial change in the
character of this district; (3) the relief requested will not
cause a substantial effect of any increased population density~
(4) the circumstances are unique; (5) the difficulty cannot
be obviated by some method feasible to appellant to pursue
other than variance.
Accordingly~ on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT the relief requested for a fence enclosure
within the frontyard area at a maximum height of six feet, as
applied under Appeal No. 3374 in the Matter of the Application of
SOUTHLAND CORP., SUBJECT TO THE FOLLOWING CONDITIONS:
1. The fence enclosure never be roofed;
2. The fence enclosure be maintained at all times in good
condition~
3. When necessary, redwood slats be replaced.
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. 3376:
Application of JOHN F. MARTIN - Variance to the Zoning Ordi-
nance, Article III, Section lO0~for permission to erect radio
antenna tower in excess of height limitations for accessory struc-
tures at premises identified as 815 Old Shipyard Lane, Southold, NY;
Founders Homes Subdivision Lots 104 and 105; County Tax Map Parcel
No. 1000-64-05-19.
The public hearing on this matter was held and concluded on
July 18, 1985. Following deliberations, the board took the follow-
ing action:
Southold Town Board of Appeals -t5- August 8, 1985 Regular Meeting
(Appeal No. 3376 - JOHN F. MARTIN, continued:)
WHEREAS, a public hearing was held and concluded on July 18, 1985,
in the Matter of the Application of JOHN F. MARTIn, Appeal No. 3376; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that there has been no opposition entered concerning this appeal appli-
cation; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding propertiesL~and
WHEREAS, the board made the following findings of fact:
l. By this application, appellant requests a variance from
the height requirements of Article III, Section 100-32, for permission
to erect a 71-foot high radio tower and 10' high antenna, for a total
height of 81 feet for private, amateur use.
2. The radio antenna-tower is proposed to be located in the
rearyard area approximately 100 feet from the rear property line and
approximately 85 feet from the southerly side property line and 65
feet from the northerly side property line, and a distance of approxi-
mately 20 feet west of the existing driveway area~
3. The parcel in question is improved with a one-family dwelling
with breezeway and attached garage, and is identified on the Suffolk
County Tax Maps as District lO00, Section 64, Block 05~ Lot 19. The
parcel has an area of approximately .75 of an acre, and has an
average width of 150 feet.
4. Although the board members agree that there is no alter-
native for the appellant to pursue other than a variance, it is one
of the concerns of the board that the antenna-tower be placed in such
a position that it would not be able to fall onto neighboring property
or causing other detriment to adjacent properties~
5. It is the position of the board that the variance be
granted provided that if the antenna-tower is erected at a
maximum height of 81 feet~ that same be a distance of at least
81 feet from the rear and side property lines.
In considering this appeal, the board has found that this
proposal should be granted as conditionally noted below since:
(1) the relief requested will not be detrimental to adjoining
properties if the tower is located at the distances required
hereunder; (2) there will be no substantial change in the
character of this district; (3) the relief requested will not
cause a substantial effect of any increased population density~
__(4) the circumstances are unique; (5) the difficulty cannot
be obviated by some method feasible to appellant to purgue
Southold Town Board of Appeals -16- August 8, 1985 Regular Meeting
(Appea'l No. 3376 JOHN F. M'~RTIN, continued )
other than variance.
Accordingly~ on motion by Mr. Grigonis, seconded by
Mr. Douglass, it was
RESOLVED, that a variance for permission to construct
antenna-tower at a maximum height of 81 feet in the rearyard
area applied under Appeal No. 3376, in the Matter of the Applica-
tion Of JOHN F. MARTIN, BE AND HEREBY IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the antenna-tower not exceed 81 feet in height and
be located no closer than 81 feet to the rear property line and
be centered from the side property lines; or in the event the
antenna-tower does not exceed 71 feet in height, then it shall
be located no closer than 71 feet to the rear property line and
be centered from the side property lines (minimum of 71' distance);
2. That there be no major adverse interferences with neigh-
boring receptions~
3. That this project is subject to all other federal or
other agency jurisdiction as may be applicable.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resol]tion was adopted by
unanimous vote of all the members.
PENDING DECISION: Appeal No~ 326~
Application of SOCRATES AND DAPHNE SPIRAKIS - Variance to the Zoning
Ordinance, Article I~I, 'Section lO0~~edule~ for approval of a
garage addition to dwelling constr~-~t~d wi~h'~a~' i~Sufficient setback from
the northerly sideyard area at premises identified-~s ~0 Teepee ~ai~i,
at "Nunnakoma Waters," $outhold, NY; County Tax Map ~arcel No~ 1000-
82-02-23. -
The public hearing on this matter was held on July ]8, 198'5~
Following deliberations~ the board took the fo]lowi.n_g
WHEREAS~ a public hearing was held and concluded on Jul~ 18~ 1985,
~n the Matter of the Application of'SOCRATES AND DAPHNE'SPIRAKIS~ and
WHEREAS~ the boar~members have consi~dered a]~ testimony and
documentation entered into the record in this matter, and it is noted
that there has been no opposition entered concerning this appeal ~ppli-
cation, and there are letters in support of this aEplication~ a~d
WHEREAS, the board members are personally f~mi~iar .with the
premises in question and the surrounding pro.~r~iesL and
WHEREAS, the board made the following findings of fact:
Southold Town Board of Appeals -17- August 8, 1985 Regular Meeting
(Appeal No. 3364 SOCRATES & DAPHNE SPIRAKIS, continued:)
1. By this application, appellant requests approval of the
construction of a garage addition to dwelling with an insufficient
setback from the northerly side property line at nine feet.
2. The permit for the subject addition was authorized under
Permit #13458 with a northerly sideyard setback of not less than
ten feet; the first and second foundation inspections were
passed December 21, 1984; and on April 1, 1985, the building
department notified the contractor that the addition did not
meet the proper sideyard setback, and to stop work. On April 29,
the subject variance application was filed and an up-to-date
survey dated April 25, 1985 was submitted for consideration.
3. The parcel in question is located on the west side of
Teepee Trail, Southold, abutting Lots #9 and #10 of the Nunnakoma
Subdivision, and is identified on the Suffolk County Tax Maps as
District 1000, Section 87, Block 02, Lot 23. This parcel fronts
along Tepee Trail 100 feet in width, and contains an area of .587
of an acre.
4. The subject parcel is improved with a-single-family 1½-story
frame house which the board upon information and belief finds was
built prior to the enactment of zoning in 1957 (see April 16~ 1985
letter to the building department from the applicants). At the
present time, the parcel is also improved with the garage addition,
and new deck areas. The dwelling with the new addition is shown to
be set back 28'8" at its nearest point from the front (easterly)
property line and 33± feet from its southerly side property line.
Existing at the north side yard area is a small shed in poor
condition which is proposed to be removed from the property or
relocated to the rearyard area.
In considering this appeal, the board has found that this
project should be granted as conditionally noted below since:
(1) ' the relief requested will not be detrimental to adjoining
properties; (2) the relief requested is not substantial in
relation to the requirements of zoning, being 10% of a variance;
(3) there will be no substantial change in the character of this
district~ (4) the relief requested will not cause a substantial
effect of any increased population density~since the property will
continue to be used for single-family residential use; (5) the
circumstances are unique; (6) the difficulty-cannot be obviated
by some method feasible to appellant to pursue other than a variance.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
Southold Town Board of Appeals -18- August 8, 1985 Regular Meeting
(Appeal No. 3364 - SOCRATES & DAPHNE SPIRAKIS, continued:)
RESOLVED, TO GRANT relief as applied under Appeal No. 3364
in the Matter of the Application of SOCRATES AND DAPHNE SPIRAKIS
for approval of the construction of the garage addition with an
insufficient setback from the northerly side property line at
nine feet, SUBJECT TO THE FOLLOWING CONDITION:
That the existing accessory shed within the northerly sideyard
area be removed (or relocated to rearyard) for clear, unobstructed
access; northerly sideyard area must remain open at all times.
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. 3368:
Application of JOHN AND LORRAINE FABRY Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to construct
deck addition to dwelling with an insufficient setback from existing
highwater mark at premises identified as 3700 Deephole Drive, Mattituck,
NY; County Tax Map Parcel No. 1000-115-17-007.
The public hearing on this matter was held and concluded on
July 18, 1985. Following deliberations, the board took the following
action:
WHEREAS, a public hearing was held and concluded on July 18, 1985,
in the Matter of the Application of JOHN AND LORRAINE FABRY; and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
that there has been. no opposition entered concerning this appeal appli-
cation; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests permission to
construct a 23'8" by 28' deck addition at the rear (east) side of
the existing dwelling which is proposed to be set back 8± feet
from the existing highwater mark as shown on survey dated January 27,
1977, or approximately 36 feet from the rear property line w~hich is
located below the highwater mark, and proposed to be abutting an
existing bulkhead.
2. The subject parcel is presently improved with a single-
family dwelling set back 35' from the front (west) property line
and 45' from the rear (east) property line~ This parcel is a
described lot identified on the Suffolk County Tax Maps as
Southold Town Board of Appeals -19- August 8, 1985 Regular Meeting
(Appeal No. 3368 JOHN AND LORRAINE FABRY, continued:)
District 1000, Section ll5, Block 17, Lot 7.
3. In viewing the circumstances of the existing structure
and the size of the parcel in question~ the board finds that a
deck is practical in the location chosen, provided that it not
be converted for additional livable floor area and that it remain
at least three feet away from the existing bulkhead area.
In considering this appeal, the board has found that this
project should be granted as conditionally noted below since:
(1) the relief requested will not be detrimental to adjoining
properties; (2) there will be no substantial change in the char-
acter of this district; (3) the relief requested will not
ca~se a substantial effect of any increased population density~
since the property will continue to be used for singTe-family
residential use; (4) the circumstances are unique; (5) the
difficulty cannot be obviated by some method feasible to
appellant to pursue other than a variance.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that relief be and hereby is GRANTED in the
Matter of the Application of JOHN AND LORRAINE FABR~, Appeal
No. 3368, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The deck be no closer than three feet to the existing
bulkhead (accordingly size of deck must be reduced);
2. The deck remain open and not to be enclosed for addi-
tional livable floor area or sleeping quarters;
3. No lighting that will be adverse to neighboring
properties shall be permitted.
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 -20- August 8, 1985 Regular Meeting
?ENDING DECISION: Appeal No. 3338:
Application for MR. AND MRS. HOWARD L. YOUNG (by J. ~eReeder),
28545 Main Road, Orient, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedules for approval of insufficient
area of two lots in this proposed three-lot division of land located on
the North Side of Main Road and the East Side of Browns Hill Road, Orient,
NY; County Tax Map District 1000, Section 18, Block 062 Lot 24.
The public hearings on this matter were held on May 2, 1985
and June 13, 1985, at which time the hearing was concluded.
Following deliberations~ the board to.ok the following action:
.WHEREAS~.public hearings were held in the Matt~er of the Application
of MR~ AND~MRS.~HOWARD L."Y~UNG~ Appe~.'No. 3338~ on May 2, 1985 and
June 13~ 198~ a~whi~.ch._time t~e hearing concluded; and
WHEREAS~ the board members have ~nsidered all testimony and
documentation entered into the record in this matter; and
WHEREAS, the board member~ are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS~ the board made the following findings of fact:
1. By this application, appellant requests ~pproval of the
insufficient lot a~.e~ of proposed Lots #1 and #2 in this three-lot
minor subdivision of land located at the north side of Main Road,
and the east side of Browns Hill Road~ Orient, NY.
2. Lot #1 is proposed tO be 70,000 sq. ft. in area and Lot
#2 is proposed to be 77~482 sq. ft. in area (exclusive of the
25' right-of-way)~ Lot #3 would consist of 84,004 sq. ft. (exclu-
sive of right-of-wax).
'3. The premi'ses in question is identified on the Suffolk
County Tax Maps as District 1000, Section 18, Block 06, Lot 24,
and is improved as follows: (a) Lot 1 would contain the exist-
ing garage structure and accessory~barn structure, which is in
very poor condition; (b) Lot 2 ~s vacant except for a very small
shed at the northeast corner which is also in very poor condition;
(c)' Lot 3 would contain an existing principal single-family dwelling
structure and separate accessory building presently used for sleeping
purposes and without kitchen facilities.
4. It is the opinion O'f the board that the variance be granted
because the relief requested.is the minimum possible and the tots are
greater in area than those generally existing in the neighborhood.
Southold Town Board of Appeals -21- August 8, 1985 Regular Meeting
(Appeal No. 3338 MR. AND MRS. HOWARD L. YOUNG, continued:
5. For the record it is noted that a Pre-Certificate of
Occupancy of Nonconforming Premises was issued August 2, 1985
concerning the premises as a whole under #Z13703.
In considering this appeal, the board has found that this
project should be granted as conditionally noted below since:
(1) ~the relief requested will not be detrimental to adjoining
properties; (2) the relief requested is not substantial in
relation to the requirements of zoning, being at a maximum 13%
of a variance and at a minimum of 3.5%; (3) there will be
no substantial change in the character of this district~ (4)
the relief requested will not cause a substantial effect of any
increased population density since the proper'ty will continue to
be used for single-family residential use; (5) the circumstances
are unique; (6) the difficulty cannot be obviated by some method
feasible to appellant to pursue other than a variance.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, that the relief requested under Appeal No. 3338 in
the Matter of the Application of MR. AND MRS. HOWARD L. YOUNG for
the insufficient lot area of Lots #1 and #2 in this proposed
three-lot subdivision, as applied and shown on map amended June 7,
1985, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
lo The accessory building on Lot #3 not be converted for
residency and shall remain only as sleeping quarters (or accessory
storage purposes)~
2. The location of the right-of-way be only as shown on the
June 7, 1985 subdivision map~
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass
and Sawicki. This resolution was adopted by unanimous vote of all
four members present. (Chairman Goehringer was absent.)
Southold Town Board of Appeals -22- August 8, 1985 Regular Meeting
PENDING DECISION: Appeal No. 3370:
Application for ROBERT N. KENNEY for a Variance to the Zoning
Ordinance, Article III, Section 100-31, Bulk Schedule, for permission
to construct deck addition to dwelling with an insufficient rearyard
setback at premises identified as 2320 Gillette Drive~ East Marion, NY~
Marion Manor Subdivision, Filed Map 2038~ Lot 11; County Tax Map
Parcel No. 1000-38-02-024.
Following deliberations, the board took the following action:
WHEREAS, .a public hearing was held and concluded on July 18, 1985,
in the Matter of the Application of ROBERT N. KENNEY~ and
WHEREAS, the board members have considered all testimony and
documentation entered into the record in this matter, and it is noted
for the record that there has been no opposition entered concerning
this appeal application; and
WHEREAS, the board members are personally familiar with the
premises in question and the surrounding properties; and
WHEREAS, the board made the following findings of fact:
1. This is an application for an area variance for permission
to place a proposed 10' by 20' deck addition at the rear (westerly)
of the existing dwelling, with an insufficient setback at 26½ feet.
2. The parcel in question is known and identified as Lot ll,
Marion Manor Filed Subdivision Map 2038, located on the west side
of Gillette Drive, East Marion; County Tax Map District 1000, Section
38, Block 02, Lot 024.
3. The subject premises is presently improved with a single-
family frame house with setbacks from the front property line at
35 feet and from the rear property line at 36½ feet. The parcel
fronts along Gillette Drive 105 feet and has a depth of 100 feet.
4. It is the opinion of the board that the ten-foot deck
addition as applied is not unreasonable considering the substandard
size of this parcels the feasible placement of the dwelling, and
the limited building area for the principal building.
In considering this appeal, the board determines that
the relief be approved as requested for the reasons stated above
ano (1) the deck addition will not substantially alter the
Southold Town Board of Appeals -23- August 8, 1985 Regular Meeting
(Appeal No. 3370 ROBERT N. KENNEY, c~'ntinued:)
character of the district~ (2) the deck will not be adverse
to adjoining properties: (3) the variance will not cause a
substantial effect of increased population density; (4) in view
of the substandard size of this parcel and conforming setbacks
of the dwelling as exists, the difficulty cannot be obviated
by some method feasible to appellant to pursue other than a
variance; (5) the relief requested is not substantial in rela-
tion to the zoning requirements; (6) in view of the manner in
which the difficulty arose and in consideration of all the above
factors, the interest of justice will be served by allowing the
variance~ as noted below.
Accordingly, on motion by Mr. Goehrin§er, seconded by
Mr. Sawicki, it was
RESOLVED, that the relief requested under Appeal No. 3370
in the Matter of the Application of ROBERT N. KENNEY to con-
struct a 10' by 20' deck addition with a setback from the rear
property line at 26½ feet as requested and SUBJECT TO THE FOLLOW-
ING CONDITIONS:
1. That the deck remain open~ not to be enclosed for
additional livable areal
2. That there be no lighting that would be adverse to
neighboring properties;
3. That the setback not be reduced to less than the
requested 26½ feet from the rear property line.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by
unanimous vote of all the members.
There being no other business properly coming before the
board at this time, mbtion was made _by Mr. Goehrin§er, seconded
by Mr. Sawicki, to adjourn.
p.m
~pproveu - /35--// ,
~ ~'~ "Gerard P. Goehringej7'~ Chairman
The meeting was adjourned at 9:35
Respectfully submitted,
Kow"ls'aki~;~"S6~c~e' ' y ~ ''~
Southq]d Town_ B:o~r-~d
TRANSCRIPTION OF HEARINGS
SOUTHOLD TOWN BOARD OF APPEALS
MEETING OF AUGUST 8, 1985
APPEAL NO. 3378:
7:30 p.m. Public Hearing was held in the Matter of MARK A.
SQUIRES. Variance to the Zoning Ordinance, Article III, Section
lO0-30~A)[1] for permission to construct inground pool on vacant
parcel in this A-Residential and Agricultural Zoning District
known as identified as Lot 356, Map of Section D, Nassau Point
Club Properties, Inc., Map No. 806; East Side of Vanston Road,
Cutchogue, NY; County Tax Map District 1000, Section III, Block
6, Lot 5.
The Chairman opened the hearing at 7:30 p.m. and read the
legal notice of this hearing and appeal application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey with a
pencilled-in area dated January 21, 1982. There appears to be
a lot which has approximately 120 feet on Vanston Road and an
irregular depth of 292 feet, and approximately 85.10 feet across
the back. We have a pencilled-in pool approximately 30 by 60,
approximately 30 feet from, I think that's the south property
line. And I have a copy of the Suffolk County Tax Map indicating
this and surrounding properties in the area~ Mrs. Squires, would
you like to be heard?
MRS. SQUIRES: No. I'm just here if there are any questions.
CHAIRMAN: Ok. The size of the fence you're anticipating
around the pool? How high?
MRSo SQUIRES: Actually we have whatever the legal requirements
are. I believe I think it's four feet, four to five feet~
CHAIRMAN: Four feet~
MRS. SQUIRES: Whatever the legal requirements are is what we
will put up. My property is now being fenced in, but we are also
going to put a fence around the pool itself.
CHAIRMAN: Ok. Are you anticipating the construction of a
cabana or any type of --
MRS. SQUIRES: No. Not at this point, no.
there, so we really see no reason for that.
Our home is right
Page 2 - Hearings
Au~gust 8, 1985 Z.B.A. Meeting
(Mark A. Squires, Appeal No. 3378, continued:)
CHAIRMAN: And what about decking?
MRS. SQUIRES: Not at this point. I don't believe so. We're
in the process now we just want to clear the land, put in the
pool and just whatever, you know, comes with th~ pool around the
side. No major construction will be done. We want to keep it a
very natural type of feeling.
CHAIRMAN: What about the timeliness of this application?
Are you anticipating putting the pool in this year?
MRS. SQUIRES: We would like to start that's why we applied
for the variance this year. We would like to start because a lot
of trees, the root systems have to be removed and the ground will
have to be leveled in certain areas. So we don't know how long a
project this would be, so we would like to start work before the
winter.
CHAIRMAN: I asked you that question because we will not
probably get to your application tonight, however we will probably
get to it on the 22nd of August. We have several applications
left over that we have not made decisions on from the prior meetings
so we have to deal with those first.
MRS. SQUIRES: Oh, I see. We should wait to hear from you
before we really start anything then?
CHAIRMAN: That's correct. Hopefully we will address it on
the 22nd. If we have a Special Meeting before, we'll address it then.
MRS. SQUIRES: I don't understand. On the 22nd there will be
another, like this, and come down again?
CHAIRMAN: No. It's not necessary for you to come. Once this
hearing is concluded, I can't take any further testimony or input.
MRS. SQUIRES: Oh, I see. All right.
CHAIRMAN: Let's see if there are any other questions. Is there
anybody else that would like to be heard in behalf of this applica-
tion? Anybody against the application? Questions from board members?
(None) Is there a house in the rear of thisproperty, Mrs. Squires on
Lot 370 or 369?
MRS. SQUIRES: The lot behind this property?
Page 3 - Hearings
August 8, 1985 Z.B.A. Meeting
(Mark A. Squires, Appeal No. 3378, continued:)
CHAIRMAN: Yes.
MRS. SQUIRES: Yes. They built a house there.
CHAIRMAN: Do you have any objection on this particular applica-
tion that there be no obstrusive lighting, overhead, to reflect any
surrounding properties? I know that you and your family own
properties on the both sides.
MRS. SQUIRES: Well, actually the way we have the pool situated,
they've already constructed their home. They've left all the
natural woods there and we've left our natural woods, so it's
virtually invisible. No, I wouldn't see any problem.
CHAIRMAN: But you would have no objection to our placing a
restriction on this?
MRS. SQUIRES: No. None whatsoever.
where we're putting it.
It's really camouflaged
CHAIRMAN: And I thank you very much for coming down. I'll make
a motion concluding (closing) the hearing reserving decision until
possibly the next meeting. We hope we will be able to do that for
you, ok?
MRS. SQUIRES: That'd be wonderful. Thank you.
MEMBER SAWICKI: Second.
The hearing was concluded.
7:45 p.m. APPEAL NO. 3380: Public Hearing was held in the Matter
of GEORGE AND DORIS SULLIVAN. Variance to the Zoning Ordinance,
Article III, Section 100-32. Accessory storage building in the
easterly sideyard area. S/s Sandy Beach Road, Greenport, NY.
1000-43-3-6.
The Chairman opened the hearing at 7:45 p.m. and read the legal
notice of this hearing and appeal application for the record.
CHAIRMAN GOEHRINGER: On the back of the building permit is
shown the proposed accessory building. We have an existing parcel
of property approximately 100 by 170 irregularly placed, and we have
Page 4 Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No. 3380 - GEORGE ~D DORIS SULLIVAN, continued:)
CHAIRM~ (continued):
a proposed storage building of approximately 10' by 14' with a
three foot setback on the east side property line approximately
45 feet from the road. We have a copy of the Suffolk County Tax
Map showing this and surrounding properties in the area.
Would
somebody like to be heard in behalf of this application?
MRS. SULLIVA~N was present.
CHAIRM~N: Mrs. Sullivan, is this a one story structure?
MRS. SULLIVAN: Yes.
CHAIRM~N: Made out of wood or metal?
MRS. SULLIVAN: It'll be pre-fab aluminum.
CHAIRM~N: Will there be a~ lighting placed in it?
MRS. SULLIVAN: No.
CHAIRMAN: Will it be on a slab?
MRS. SULLIVAN: On a concrete slab.
CHAIRMAN: Do you have any objection to a restriction being
placed on this that it not be used for any sleeping quarters, or
for bunking of any children, or whatever the case might be?
MRS. SULLIVAlq: No.
CHAIRMA/~: Thank you. Anybody else like to speak in behalf of
the application? Against? (None) Hearing no further comments,
I'll make a motion concluding the hearing and reserving decision
until later.
MEMBER DOUGLASS: Second.
The motion was carried and the hearing was concluded.
Page 5 Hearings
August 8, 1985 5.B.A. Meeting
7:48 p.m. APPEAL NO. 3381: Public Hearing was held in the
Matter of OTTO 5APF. Variance to the zoning Ordinance, Article III,
Section 100 32 for permission to construct accessory storage(garage)
building in the frontyard area premises located at the northerly end
of private right-of-way off the North Side of Main Road, Orient, NY;
County Tax Map Parcel No. 1000-013-2-4~
The Chairman opened the hearing at 7:48 p.m. and read the legal
notice of hearing and appeal application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey dated March 18,
1983, one of the original copies, indicating the approximate place-
ment of the house and penciled-in somewhat in back of the rear of
the property, a proposed garage approximately 25' by 28', I'm sorry,
28' by 28', and 25' from what I would assume is the west property
line. Mr. Bressler, would you like to be heard in behalf of this
application?
ERIC J. BRESSLER, ESQ.: For the applicant, Wickham, Wickham and
Bressler, P.C., Main Road, Mattituck, New York. I think the applica-
tion fairly states the facts with respect to this application. It
is a technical variance, we're here for the definition of frontyard-
rearyard. It so happens because of the code definitions, they will
be required to put the garage in Mr. zapf's sound front, which we
think is really not the proper zoning result. Only because he gains
access to his property by virtue of a right-of-way. It's desirable
to put the garage there because of the aesthetic considerations.
It's not practical. When tile board went out there, they will note
that it is physically not practical to put the garage on that side
of the ]property, and finally, it certainly wouldn't change the
charact,er of the district. Also, you've been out there. You've
seen th.e property is heavily wooded and the location of the garage
is not going to affect anyone at all. It really is the logical
place for the garage. With me here tonight is Dave Horton, the
builder on the project if the board should have any questions
concerning the location, construction or other details of the
project.
C]HAIRMAN: Just while you're up there, one other brief comment.
When we originally had granted Mr. Zapf the 280-A approval for this
site, I noticed when we went up there, they just started the cutting
of the right-of way in there, because I know he had been using the
Demarest right of-way up till that particular point. So, we're
somewhat happy about that.
MR. BRESSLER: Good.
Page 6 Hearings
August 8, 1985 Z,.B A'. Meeting
CHAIRMAN: Yes? Hr. Hort~n.
DAVE HORTON: When we originally built that, Jerry, there was
a chance that he was going to get a legal right-of-way over the
other fellow's property and that's why We waited so long, and the
other fellow said a new owner
rather you improve your own."
improving it now.
CHAIRMAN:
While you're up
MR. HORTON: Yes. One-sto'
exactly like the house except
doors.
CHAIRMAN: And the garage
MR. HORTON: Facing east.
you walk in there, that was th
put it there.
CHAIRMAN: Ok. Thank you
get started on this also very
survey there in front of you?
'pdh-cott" on the front- right
the rear of the property.
MR. HORTON: There used to
just as soon as we started cle;
CHAIRMAN- I remember seei
How far from the south propert
me some indication?
MR. HORTON: This is scale
CHAIRMAN: Just call us to
so we can put it in the decisi
it, you heard the prior hearin
MR. HORTON: We taped this
thing was placed on by VanTuyl
CHAIRMAN: Ok. Thank you-"
would like to speak in behalf,
(None) Hearing no further que
the hearing and reserving deci
MEMBER DOUGLASS: Second.
The hearing was concluded
)ought it and he said, "I'd really
So Otto started right away and he's
Dave. Is this a one-story structure?
y structure and it's going to look
t's one-story high with two garage
oors will be facing the east?
Yes. Right on that little trail as
preexisting road and that's why he
~ery much. I assume you wanted to
uickly. Do you have a copy of the
Mr. Doyen just asked me. What is
from the house-standing looking from
be a shed there which was destroyed
ring.
~g that, yes. One other quick question.
,--do you have any idea--can you give
right off, Jerry, if you want I can--
orrow morning and let us know exactly
n. I don't know .if we will get to
Just let us know in the morning.
right off from the house. This house
ery much. Is there anybody else that
against? Questions from board members?
tions, I'll make a motion concluding
ion until later.
nd decision reserved until a later date.
Page 7 - Hearings
August 8,. ]985 ..Z.B.A. Meeting
7:55 p.m. APPEAL NO. 3377 - NICHOLAS IPPOLITO. Variance to
Article III, Section 100-31, Bulk and Parking Schedule for approval
of insufficient lot area of two parcels, each with an existing
single-family dwelling, located along Carole Road (private) off
the South Side of C.R. 48, Southold, NY; County Tax Map
No. 1000-52-2-7 and 1.1 (7.2)~
The Chairman opened the hearing at 7:55 p.m. and read the legal
notice of hearing and appeal application for the record.
CHAIRMAN GOEHRINGER: I have a copy of a map dated September 17,.
1984 amended April 12, 1985 indicating 17,000 sq. ft. with a
structure for Lot #2 which appears to have two motel units~in it.
Lot #1 which appears to be a one-family house on approximately 5,500
sqo ft. with Carole Road running through it. And I have a copy of
the Suffolk County Tax Map showing this and surrounding properties
in the area. Mr. Olsen?
GARY FLANNER OLSEN, ESQ.: My Name is Gary Olsen. I'm an
attorney having offices at Main Road, Cutchogue and I represent
the applicant, Nicholas Ippolito. Mr. Ippolito owns two houses
on Carole Road, which is a private road in Arshamomaque. There
is a house on the east side of Carole Road and a house on the west
side of Carole Road. And back in 1975, I wrote to the building
inspector who was then Howard Terry, because we're in the process
of also doing other zoning work with the town to determine whether
or not there was any merger of these two pieces or whether one
could be sold separate and distinct from the other, and I wrote
Mr. Terry a letter back on July 15, 1975, asking him that question,
and I'l submit to you a copy of that letter as part of this record.
On July 16, 1975, Mr. Terry wrote me back saying, and I'll read
you the pertinent part of it:
Dear Si r:
... Your letter of July 15th regarding Nicholas Ippolito's premises,
please be advised the dwelling on the south side of Carole Road,
private right-of-way, is a separate parcel and can be conveyed at
any time .... "
Mr. Ippolito recently went to the building department to get
some building permits and at that time he was advised by the
building inspector part and parcel of that that he had felt
Mr. Terry had made a mistake, and that the two pieces have merged
and therefore is necessitating coming before the Zoning Board,
asking that the board treat them as two separate parcels. The two
parcels have had separate tax map numbers for a very long time
Page 8 - Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No. 3377 - NICHOLAS IPPOLITO hearing continued:)
MR. OLSEN (continued):
until recently when, I believe, there is now just one tax map number°
I may say for the record that each house has its own electric
meter and each house has its own cesspool system. Each one is
serviced by its own water municipal main. So there is no reason
to put the two together. Nothing will be changed really by the
granting of the variance. One's on one side of the road and one's
on the other side of the roads The entire street, particularly on
the east side of Carole Road, has h6uses of similar size and shape
as the piece you see on the VanTuyl survey that you have as far as
this record. So nothing is going to change. This whole area was
developed was developed by somebody by the name of Haas back in
the 1950's. Every parcel is developed now. As I say, Mr. Ippolito
has a house on both sides of the road. If Mr. Terry's letter back
in 1975 had indicated that we had to do something to separate the
easterly house from the property that he owned on the westerly side~
then we would have made that part and parcel of another variance
that was submitted-Appeal No. 2317. In that decision, which was
dated on August 4, 1977, the parcel on the westerly side of Carole
Road was treated by the Zoning Board at that time as a separate
distinct piece, so this is really a very technical thing because
I guess Carole Road is a private road; and as I say the character
of the neighborhood is not going to be changed by a favorable
decision on your part and it would be a severe economic hardship
to Mr. Ippolito to put the two together. Just, number one, it
doesn't make any sense and it would mean he would have to sell it
altogether as one piece. And I have Mr. Lance Larsen who is an
independent appraiser here tonight to testify as to the economic
impact --if the variance is not granted. So I would like to
introduce Mr. Lance Larsen.
LANCE LARSEN: Thank you. Good evening. My name is Lance
Larsen. I'm an independent real estate appraiser with offices
on the Main Road in Southold. I've presented a copy of my
appraisal to Linda for your perusal which I will refer to here
of course in this discussion.
The subject site, proposed Parcel 1 and Parcel 2 on the
assessment records in the Town of Southold have previously been
separate and distinguishable as individual site, with Parcel 2
shown as a 300-foot parcel with frontage on Carole Road and
Parcel 1 shown as having 50-feet on the water. Two, Parcel #2
there is also shown a building, which is referred to as
building No. 3, which is smaller than the two structures in
Page 9 - Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No. 3377 - NICHOLAS IPPOLITO hearing, continued:)
MR. LARSEN (continued):
question. Parcel #1 has a structure of approximately 1,008 sq. ft.
which is the waterfront parcel, which was added to in 1982. I
prepared an appraisal on the basis of "as is" if the parcel were
to be sold, with both lot areas and both improvements, my "as is"
indication of value is $162,500. If the set-off is allowed, the
value indication for the Parcel #1 would be $138,000. The value
indication for Parcel #2 would be $77,500 for a total of $215,000.
It's an economic hardship or loss to this parcel for the sum of
$52,000.
MR. CHAIRMAN: This may not be a question for you but rather
a question for Mr. Olsen. But we are stating that the structure
on Parcel #2 is basically a motel unit--
MR. LARSEN: That's correct.
Southold Beach Motel.
It was part of the original
MR. CHAIRMAN: So it really isn't a one-family dwelling, it's
really a nonconforming preexisting, two motel units that are
adjoined.
MR. LARSEN: That's right. It's a studio type.
MR. CHAIRMAN: And they both to my knowledge have according
to Mr. Ippolito either a kitchen or efficiency kitchen in both
of them?
MR. LARSEN: That's correct.
MR. CHAIRMAN: Thank you very much.
MR. OLSEN: I would just like to submit to the board a copy of
my letter to Mr. Terry and a copy of his reply. I've also made a
copy of the Tax Map which shows the general size and shape of the
other parcels in the area. We've marked off the subject property
in red.
MR. CHAIRMAN: Thank you. Can I ask you one brief question,
Mr. Olsen? Mr. Ippolito indicated to me that he intends to add
on to the existing nonconforming motel unit and make a one-family
dwelling out of it.
MR. OLSEN: That's right.
MR. CHAIRMAN: That would probably be the nature of another
application some time down the road?
Page l0 - Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No. 3377 - NICHOLAS IPPOLITO hearing, continued:)
MR. OLSEN:
Board --
Well, in talking to the Secretary of the Zoning
MR. CHAIRMAN: Right.
MR. OLSEN: In how to proceed with this thing, I decided that
Number One, we got to make sure there are two distinct pieces and
then we'll come back and ask for a building permit; and after we
go to the Building Dept. and they find we do need variances to
do that, then I will have to come back again for that.
MR. CHAIRMAN: Ok. This has no bearing on this application,
I just wanted the board to be aware of it but that's what Mr~
Ippolito had offered to me. He was extremely helpful when I was
down there and very nice~
MR. OLSEN: That's right. And again you may refer to your
decision of July 21, 1977, Appeal No. 2317.
MR. CHAIRMAN:
from the motel?
That was when the parcel was originally divided
MR. OLSEN: That was when the motel was set off, and what was
Parcel 3 on that survey is now Parcel 2 on this survey° And that
was treated as a separate piece and the board has referred to it
in that decision of #2317.
MR. CHAIRMAN: Very good. Thank you very much. Is there
anybody else that would like to speak in behalf of the application?
Anybody against the application? Yes. Would you kindly use the
mike please and state your name?
MRS. SMULCHESKI: I'm Mrs. Smulcheski, and I live two doors
down from Mr. Ippolito. In 1977, we had a case come up that he
was to change the Parcel 2 into a one-family unit. And he uses
it now as a motel, And according to the unit, if'the two-unit
motel on Parcel 1, which was 1 at the time,, is sold, or the
ownership or control of this parcel is transferred in any ways
Parcels 2~i~and 3 may continue as a motel unit under the direction
of Mr. Ippolito for the balance of 1977. Starting January 1st,
1978, the structure on Parcels 2 and 3 can only be used for
single-family residence. They must conform to the Southold Town
Building Code with respect to minimum floor area. And nothing
has been done. He's using it as a two-unit motel with two
kitchens.
MR. CHAIRMAN: Thank you, Mrs. Smulcheski. Would anybody else
Page ll Hearings
August 8, 1985 Z.B.A. Meeting
(Appeal No.3377 - NICHOLAS IPPOLITO, continued:)
MR. CHAIRMAN (continued):
like to spe~k against the application? Any comments, Mr. Olsen,
before t close the hearing? (None). Thank you for coming in.
Hearing no further comments, I'll ask the board--
MRS. KERMAN:
Road.
My name is Mrs. Kerman.
I also live on Carole
MR. CHAIRMAN: At the end. And with the dogs.
MRS. KERMAN: Right. I just wanted, is it a separate meeting
when Mr. Ippolito wants to put up the other unit? He wants to
make it like one--he explained to use, he wants to join the two
buildings so he has a.four-unit motel~ Is that a separate meeting
or is it this meeting?
MR. CHAIRMAN: Well, that was basically--
MRS. KERMAN: We 'thought it was today~
MR. CHAIRMAN: That's basically the reason why I asked the
question to Mr~ Olsen, and the only issue before at this particular
time is the division of the two pieces of property. If the deci-
sion of 1977-=it's somewhat enlightening to me because, of course,
I wasn't on the board at that particular time, I will certainly
take that under advisement in granting this division.
MRS~ SMULCHESKI:
been six years.
Well~ nothing has been done about it. It's
MRS. KERMAN: Yes, six years.
MRS. SMULCHESKI: My husband came in several times and applied
and they said that the town board would handle it. And nobody has
done anything~
MR. CHAIRMAN: Thank you. Hearing no furth'er comments, I'll
make a motion closing (concluding) the hearing and reserving deci-
sion. We will definitely take a look at that application.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED~ to close (conclude) the hearing and reserve decision
until later, in the Matter of Appeal No~ 3377 NICHOLAS IPPOLITO.
Vote of the Board: Ayes: Messrs~ Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by unani-
mous vote of all the members.
Page 12 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
8:12 p,m. Public Hearing was held in the Matter of CHARLES P.
SIMMONS. Variance to the Zoning Ordinance, Article III, Section
~00-31, Bulk and Parking Schedule for approval of insufficient lot
width of two parcels in this proposed four-lot division of land
(total acreage 57.7 acres) located off the North Side of Sound
Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8.
The Chairman opened the hearing at 8:12 p.m., read the appeal
application and legal notice of hearing for the record.
MR, CHAIRMAN: I have a copy of a map indicating the 57+ acres,
indicating Lot #1, approximately 150' by 645' plus 247.67, for a
total of 3.0 acres; Lot #2, 150' by 860, approximately 3.0 acres;
(Lot #3, 2.253 acres, Lot #4, 49.5 acres). I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties
in the area. Mr. Bressler, would you like to be heard?
ERICK BRESSLER, ESQ.: For the applicant, Wickham, Wickham and
Bressler, P.C., Main Road, Mattituck, New York, Eric J. Bresssler.
I have with me tonight Mr. Simmons in the audience, who will address
the board shortly. This is an interesting application for a
variance. I find it interesting because the applicant is attempting
to do some planning on his own and create the kind of environment
and kind of property division he feels would maximum the use of the
area. He has done this by creating a four-lot subdivision. As the
board can see, first he has carved out the house, a logical division.
The second thing that he has done is he has carved out two sound-
front lots to maximum the exposure to the Sound, Long Island"s
northfork natural beauty~ The last thing that he has done, he has
tried to retain as much width as possible for the retaining parcel.
You will note that the retained parcel consists not only of the
area going up to the soundfront, but also the remainder of the farm.
Now as a part of this overall plan, Mr. Simmons is also in the midst
of committing the remainder, except for the buildable area of that
lot, to a Farmland Preservation Program in Southold. In addition,
as part of that program, he ~s also int he process of donating a
portion of the property. So what he has attempted to do is create
a unified method or scheme of dividing up this property.
Now, the reason for the subdivision into two 150' lots instead
of 175' lots is based on several considerations. First, I think
foremost in the applicant's mind is the nature of the property
which will be left for him. He intends to build up on the Sound
on the soundfront in the large remaining parcel. Because of the
nature of the surrounding neighborhood, he wants to insure to
himself as much privacy as possible. What he is afraid of is the
existing situation where there are numerous small lots, particularly
Page 13 Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS hearing, continued:)
MR~ BRESSLER (continued):
to the east of him. You have the Lenz parcel up there dividied into
three 100~ lots. And what he wants to do is to insure that he has
the maximum amount of space from this easterly border to insure
privacy. Similarly, on the western edge of the property, there are
smaller sized lots. Indeed there are some 75' lots. So what he
has attempted to do is insulate the remaining parcel as much as
possible.
The second consideration is because of the lay of the land and
the bluffs and far loft to the Sound, we here .to provide 175 of
width and at the sa~e time retain enough property _behind a safe
buildable distance, we have calculated that you would have to have
almost 3½ acres per parcel in order to have a sufficient buildable
depth in addition to the width, because he's involved with the
Farmland Preservation Program~ we don't feel that's an appropriate
division for the property. I think that if the board studies the
lay of the lots along the soundfront., the~ will find that the 150'
lots are not at all out of keeping with the general lot width in
the area, in fact they're somewhat larger than the average lot size.
The applicant would like to have uniform 150~ lots for his
privacy p.urpose, and he would not like to get into the different
lot line arrangement in order to comply with the 175' lot require-
ments, which if the board is aware, is possible and sometimes
they're unusual-shaped lots~ And the applicant would prefer not
to do it. With 150' lots~ as the board can see, there already
three acres each., and we feel that's more than in keeping with
the spirit and letter of the zoning code~
MR~ CHAIRMAN: Are you going to treat the area that y~u just
eluded to about the dedication or are you going to let Mr~ Simmons
discuss that?
MR. BRESSLER: I'm~going to let Mr. Simmons explain to you
exactly what step he is at, and as far as --
M'R. CHAIRMAN: Thank you, Mr~ Bressler.
I~HARLES SIMMONS: It seemed like a very clear explanation of
my intentions.''Is there anything that I should--
MRo CHAIRMAN' I just didn't understand when Mr. Bressler
indiated that you were dedicating land to this town. What did
he mean 'by that?
MR. SIMMONS: I'm selling the development rights to the Town
of Southold of 38 acres.
Page 14 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 -'CHARLES P. SIMMONS hearing, continued:)
MR. CHAIRMAN: Is that the front-loaded 38 acres?
MR. SIMMONS: Yes. And that excludes the 2.7 acres with the
buildings on it. The 38 acres, is a natural division--it's the
farmed part of the farm. The 40 acres nearest t,he Sound Avenue,
which is the house, is farmed. And then there's a meadow of about
five acres. And then there are the woods. And that, two parcels
of 150 feet, go back as far as the woods. It's the usual configura-
tion. The geographical configuration. Is there anything--again,
I thought that Mr. Bressler explained it.
MR~ CHAIRMAN: Well, that one area I didn't understand it. And
then the next'area is that you intend to construct a home on the
remaining--
MR. SIMMONS: Two-hundred ninety feet. Yes. The reason I
suppose it's clear-- I want, it will be finally three houses on
the land--is simply I wanted to retain 290 feet, say that the, as
Mr. Bressler said, I won't be pushed too near to the west and them
not too close to me. So however that land is divided it will only
be three houses on it. It's more or less taking control of the
situation so that we can maintain our privacy. I sound like a
hermit, but I do want to make sure there is enough room in there.
MR. CHAIRMAN: Thank you, sir. It's very interesting.
Mr. Bressler, before I leave you. I'm sorry to make you get up
again. Do you have any idea where that 40 acres stops and the
remaining acreage of the parcel this gentlemen is referring to
starts, where he referred to it as meadow land?
MR. BRESSLER: Yes. If the board is looking at the contours
up towards the proposed set-offs, around the 70' to 75' contour.
MR. CHAIRMAN:
17 acres~
That would then lend itself to the remaining
MR. BRESSLER: That would be--from that line to the north,
are 18 acres. As I say it's a natural division.
MR. CHAIRMAN:
lots?
There are 18 acres of which there are two 3-acre
MR. SIMMONS: No. There are about 13 acres of woods and about
five acres of meadow. So it's woods, meadow, and then the farm part
of the farm which is 40 acres.
MR. CHAIRMAN: I thank you.
Page 15 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS, hearing, continued:)
MR. LESSARD: What's the four lot, Jerry?
MR. CHAIRMAN: The fourth lot is 49½ acres.
it is going to be--
Of which 40 acres of
MR. LESSARD: I don't see it. I only see two lots.
MR. CHAIRMAN: There are four lots.
MR. BRESSLER: You have to look carefully because one lot isn't
really a lot, it's kind of the remaining. You've got one here,
one here, one here and then one here. And everything else.
MR. SIMMONS: Do you see my intention about selling? I intend
to sell this lot and this lot~ and the house (referring to Lots 1,
2 and 3) and build here (referring to most northeasterly section of
Lot 4), and keep the farm.
MR. BRESSLER: And the rights would be sold.
MR. SIMMONS: And then the rights from down here to Sound Avenue
will be sold with the exclusive, of course, of this. And there will
be no more building.
MR. BRESSLER: Even up here. He. wouldn't be entitled to any
more subdivision up here where his house is going to be.
MR. SIMMONS: It's simply a matter of trying to maintain space
between me and the other people that would build.
MR. BRESSLER: Where are you with the Farmland Program now?
MR. SIMMONS: I've sent a letter of intent if that interests you.
I've made an offer and I responded with the signing of a statement,
but you know there are three or four other steps before it's final.
MR. CHAIRMAN: We have had a discussion, Eric, with Gail (Wickham)
one night. I can remember'approximately a year ago, concerning
jurisdiction over this right-of-way.
MR. BRESSLER: And I'm ready.
MR. CHAIRMAN: And it was a rather lengthy discussion if I remember.
MR. BRESSLER:
that.
I'm ready for it.
She warned me that you might ask
Page 16 = Z.B.A. Hearings
August_.8, 198.5' Regular _Meeting
MR. CHAIRMAN: I'll be honest with you. I don't remember the
discussion other than the fact that we discussed it.
MR. BRESSLER: The discussio~n was, and I'm ready for it because
we drove out there last night. I said, "I'm going in there so you
better show me what it looks like." So we went out there and the
story is there is a common right-of-way for the first "x" feet and
then the road branches. And then there is one right-of-way on one
property and one on the other. And I guess the position is that
you look to where most of it is. Is it in common or is it on his
property? It's mostly on his property and I think the Entenmann
situation is some precedent for the proposition that the Planning
Board at least has taken it in the past because of the majority is
on the property. And I think that's the only logical way to decide
it.
MR. LESSARD: Do you have any intentions of Confining both
rights-of-way and make them common?
MR. SIMMONS: That would seem to me, either on the east or
even on the west, or the east, essentially is the way to do it.
Why build two roads?
MR. LESSARD: Again I may be speaking out of turn.
the township with roads every 200 feet --
To set up
MR. SIMMONS: It doesn't do anything for the eye.
MR. LESSARD: No.
MR. SIMMONS: I don't know how far we are on that, whether that's
part of this consideration now.
MR. BRESSLER: No, it's not.
MR. SIMMONS: But when we do get around to it, I understand that
Lenz is going to have to build a road or improve the existing road
to the east.
MR. LESSARD: You have rights-of-way on both sides. There's
three of them. You know, and it seems to me to be such a waste.
MR. SIMMONS: And Entenmann, if he wants to sell that piece to
the west of the Harbes, part of the Harbes farm, he's going to have
to improve the road that I'm using, to the --
MR. BRESSLER: West of us.
MR. SIMMONS: So it's an extremely complicated business.
Page 17 - Z.B.A. Hearings
August 8, 1985 Regular Meeting
(Appeal No. 3348 - CH3~RLES P. SIMMONS hearing, continued:)
MR. BRESSLER: It's a sensible suggestion. Easier
said than done, but it still makes sense.
It's a lot easier
MR. LESSARD: I bad suggested that the two parties sit down and talk.
MR. SIMMONS: I would love to do that, either with Lenz or with
Entenmann. I called up Entenmann's lawyer, and he said, "Well, you
know I'll be interested in talking. If there are any problems, we
can just wait."
MR. BRESSLER: And that's just a silly response because by the
time you're done waiting, we've dome whatever is required to be done
by whichever jurisdiction is that takes it, and he's done what he
has to do, and then you'll have duplicated efforts.
MR. SIMMONS: I think there's a possibility of Lenz--I mean, I
don't know the man, but. certainly from the look of it--
MR. LESSARD: It's a thought, and I'm sorry we got sidetracked.
MR. BRESSLER: The problem with it is it's probably too sensible.
Too sensible. The guy says, "Let's wait until the roads are in and
then we'll talk about it."
MR. CHAIRM3~N: I'm glad we cleared up that discussion as quickly
as we did. As I said, I don't remember the actual discussion but I
do remember the length of it. The right of-way where you referred to
as branching off is only a proposed right-cf-way at this particular
time, all woodland, I think at this time?
MR. SIMMONS: The common road that goes just up past the house-
and then the road splits off into Harbes' or Entenmann's property,
and there is a rudimentary road on my property. You go over sod, but
you-
MR. BRESSLER: You could get up there. With a four-wheel drive.
MR, SIMMONS: And drive rig[bt up into the woods.
MR. CHAIRMAN: I know we didn't in a fire truck, that's why I
asked the question.
MR. BRESSLER: I know, There is some work needed but it's not
treated until you actually get up to the lots.
MR. CHAIR~U%N: Wonderful. I thank you very much for explaining
it all too fully. Now we understand it which I think is something
it is a very unique design by the way.
Page 18 - Z..B.A~ Hearings
.August 8, 1985 Regular Meeting
(Appeal No. 3348 - CHARLES P. SIMMONS hearing, continued:)
MR. CHAIRMAN: Is there anybody else that would like to speak in
behalf of the application? Anybody to speak against the application?
(None) Questions~from board members? (None)
Hearing no further questions, I'll make a motion closing
(concluding) the hearing and reserving decision until later.
MEMBER SAWICKI: Second.
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. 3348 in the Application of
CHARLES P. SIMMONS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adoPted by unani-
mous vote of all the members.
The last hearing was concluded at 8:30 p.m. and the board
began deliberations and took actions. (See Z.B.A. Clerk's
Official Minutes prepared under separate cover.)
Pp. 1 - 18.
Respectfully submitted,
Linda F. Kowalski, Secretary-Clerk
Southold Town Board of Appeals
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE ,:o/~//~ HOUR /~/~ ~.
Town Clerk, Town of Southold