Loading...
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