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HomeMy WebLinkAboutZBA-07/18/1985APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING JULY 18, 1985 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, July 18, 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 Department Administrator and approximately 35 persons in the audience at the opening of the meeting. The Chairman opened the meeting at 7:30 p.m. and proceeded with the first public hearing on the agenda, which was recessed as requested from the June 27, 1985 meeting: 7:33 p.m. Appeal No. 3366 Public Hearing was continued in the Matter of the Application of JOSEPH AND ARLENE LESTINGI for a Variance to re=locate garage in the frontyard area, at 1150 Sound Drive, Greenport, New York. David Kapell spoke in behalf of the applicants. No objections were entered. The verbatim transcript of the statements made during this hearing have been prepared under separate cover, the original of which is filed with the Office of the Town Clerk. Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr.~ Grigonis, it was RESOLVED, to close (~onclude) the hearing pending deliberations. Vote of the Board: Ayes: Messrs. Goehringer, Grigo·'nis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ' Sou~hold Town Board of Appeals -2- July~ 18~, 1985 Regular Meeting 7:36 p.m. Appeal No. 3364 - Public Hearing was held in the Matter of the Application of SOCRATES AND DAPHNE SPIRAKIS for a Variance for approval of the construction of ~ddition to dwelling with an insufficient setback from the northerly side property line at 500 Teepee Trial, Southold, New York. The Chairman read the application and notice of hearing in its entirety. Mr. and Mrs. Spirakis were present and spoke in behalf of their application. It is noted for the record that letters from the following persons were received in support of the.appeal application: Edward L. DeReeder, Jrt, Adolph J. Luhrs a.nd Many, eld Luhrs, Farhad Kazemi, Jane Opper~ Richard C H·ilary.' No objections were entered, The ven_batim transcr~pt~f.i~h~t$~.heari..~g has been prepared under separate cover~· the ~r]ginal of w. hich is filed with the Office of the Town ·Clerk tions. Following ~he hearing, -'~he-'board took the following action: on motion by Mr. Goehringer, seconded by M'r."bougl"ass, it was RESOLVED, to clos'e (conclude) the hearing pending delibera- Douglass and Sawicki. of all the members. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution was adoPt.ed b~ unanimous vote 7:47 p.m. Appeal No. 3368 - Public Hearing was held in the Matter·of'the Application of JOHN AND LORRAINE FABRY for a Variance for perm.~ssion to construct deck addition to dwelli.~g with insuffi- cient setback from existing highwater mark at 3700 Deep Hole Drive, Mattituck, New York. The Chairman read the application and notice of hearing in i. ts entirety. Mrs.~F~bry was pre~ent and spoke in behalf of her application. It is noted for the record that no objec%ions wer.e entered. The verbatim transcript Of this appea.1 has been prepared under separate cover, the original of which is filed with the Office of the Town Clerk. FollOwing the hearing, the board took the following action: on motiOn by Mr. Goehringer~ seconded by M'r. Sawicki, it was RESOLVED, ~ close (con~iude) the heari'ng pending deliberations. vote' of the. Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass;~andLSaWi~ki. This resolotion was adopted bx. unanimous vote of all the members~ Southold Town Board of Appeals -3- July 18, 1985 Regular Meeting 7:52 p.m. Appeal No. 3370 - Public Hearing was held in the Matter of the Application of ROBERT N. KENNEY for a Variance to construct deck addition to dwelling with an insufficient rearyard setback at 2320 Gillette Drive, East Marion, New York. The Chairman read the application &nd legal notice of hearing in its entirety. Mr. Kenney was present and spoke in behalf of his application. It is noted for the record that no objections were entered in the record~ The verbatim transcript of the statements made during this appeal have been prepared under separate cover, the original of which is filed with the Office of the Town Clerk for reference. Following the hearin§~ the board took the following action: On 'motion by Mr. Goehringer~ seconded by Mr. Douglass, it was RESOLVED, to close (conc~iud~) the hearing pending deliberations. Vote of the Board: Ayes-: Messrs. Goehr'~nger, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted bx unanimous vote of all the members. 7:58 p.m. Appeal No. 3375 Public Hearing was held in the Matter of the Application of R~L BERGEN OIL CO., INC. for a Variance for permission to erect detached ground sign, the lower edge of which is to be less than four feet above ground at 9275 Main Road, Mattituck~ New York (C-Light Industrial Zone). The Chairman read the legal notice of hearing and application. Mr. Dale Bergen was present and spoke in behalf of his applica- tion. During the hearing, Mr. Bergen asked if he could measure the exact distance requested from the east side line and return before a decision was made~ It is noted for the record that no objections were entered in the record. The verbatim transcript of this appeal has been prepared under separate cover, the original of which is filed with the Office of the Town Clerk simultaneously herewith. Following the hearing, the board took the following action~ ~On motion by Mr. Goehringer~ seconded b~ Mr. Grigonis, it was' RESOLVED, t~ 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 -4- July 18, 1985 Regular Meeting 8:03 p.m. Appeal No. 3374 Public Hearing was held in the Matter of the Application of SOUTHLAND CORP. (7-11) for ~a ~ar~ance for permission to construct fence in excess of height limitations in frontyard area at 56480 Main Road, Southold, New York [B-1 Zone]. The Chairman read the legal notice and application for the record. Thomas J. Osborne, Esq. of Esseks, Hefter, Cuddy & Angel, was present in spoke in behalf of the applicant. For the record, it is noted that no objections to this appeal have been entered. The verbatim transcript of the statements made during this hearing have been prepared under separate cover, the original of which is filed with the Office of the Town Clerk. 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, Douglass and Sawicki. Th s resolution was adopted by unanimous vote of all the members. 8:10 p.m. Appeal No. 3376 Public Hearing was held in the Matter of the Application of JOHN F. MARTIN for a Variance to erect antenna-tower in excess of height limitations for accessory struc- tures at 815 Old Shipyard Lane, Southold, New York. The Chairman read the legal notice of hearing and application. Mr. Martin was present and~spoke in behalf of his application. It is noted that no objections were entered. The Verbatim transcript of the hearing has been prepared under separate cover the original of which has been filed with the Office of the Town Clerk for reference. Following the hearing, the board took the following action: On motion by Mr. Goehringer~ seconded by Mr. Grigonis, it was RESOLVED, to close (conclude) the hearing pending deliberations. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki~ This resol~Ution was adopted by unanimous vote of all the members. Southold Town Board of Appeals -5- July 18~ 1985 Regular Meeting 8:20 p.m. Appeal No. 3372 Public Hearing was held in the Matter of the Application of COMMUNITY CHRISTIAN FELLOWSHIP, INC. for a Special Exception to establish and locate church of worship in this "A-80" Residential and Agricultural Zoning District at 11565 C.R. 48 (a/k/a 11565 Wickham Avenue'), Mattituck, New York. The Chairman read the notice of hearing and application for the record. Mr. Reiter was presen% and spoke in behalf of the application. Also §peaking ~n]support~of the application were: Rev~ George Gaffga~ Mattituck Pres~byte~ian Church,a~d.D~. Mercier. (Appr~ximate'ly'in~ne persons ac.companied Mr~ R~iter for the hearing~).. It is noted that no ~.bjections were entered for the record~ The verbatim transcript of the statements made during this hearing have been prepar~ u~der separate cover and filed simultaneously with th~ TQ.~n Clerk's Of~ce for reference. Foltowi'ng the hearing~ ~he board took the f~llowing action: On'motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to clos~ (conclude) the hearing pending deliberations. vote-of the Board: Ayes: Messrs- Goehr-inger~ Grigonis, Doyen, Douglass and Sawicki. This resolution w.as adopted b~ unanimous vote of all the members. ADDITIONAL INFORMATION: Appeal No. 3375 - R.L. BERGEN OIL CO. Mr. Dale Bergen returned'and said that the exact measurement of the distance from the location of the proposed sign and the corner monument is 24 feet. The Chairman indicated that a decision would be made some time in the near future. Deliberations on the matters pending from June 27, 1985 began and decision were made as noted on the following pages. Southold Town Board of Appeals -6- July 18, 1985 Re§ular Meeting PENDING DECISION: Appeal No. 3369: Application of JEAN HARFORD, 8 Beachway, Port Washington, NY 11050, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permissio~ to construct a second attached garage with an insufficient sideyard setback at premises located on the north side of Private Road #15 (Takaposha Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-002. WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application of JEAN HARFORD; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that no opposition has been received; and WHEREAS, the board members are familiar with the property, its use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this application, applicant seeks permission to construct a 12' garage addition at the easterly side of the existing one-story, single-family dwelling, leaving an insufficient sideyard setback of 7½ feet. 2. The premises in question is located along the northerly side of a private road (right-of-way) referred to as Takaposha Road, or Private Road No. 15, which extends from a point at the south side of Main Bayview Road in varied directions to the premises in question, which is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 6, Lot 2, containing an area of 8,500± sq. ft. 3. For the record, it is noted that the subject private road (right-of-way) has been the subject of a prior appeal, under No. 1223, granted on January 2, 1969, with the condition that the holes and ruts fro~ Main Bayview Road be filled and be smoothed over the entire road. 4. Ar~icle III, Sect'ion 100~31, Bulk Schedule of the Zoning Code, requires a minimum sideyard of l0 feet, and the relief requested by applicant is two and one-half feet, leaving 7½ feet, or 25% of a variance from the requirementS. In considering this application, the board agrees that the addition as proposed: (Il.. will not substantially change the character of the district; (..2) will not be adverse _~o adjoining properties; (3) will not cause a substantial effeCt of increased population density which may be produced on available g~.vernmental facilities; (4) in view of the substandard si._Z'~ 9f~this parcel and substandard setbacks~ the difficul'ty cannot be obviated by some method feasible Sou~hold Town Board of Appeals -7- July 18, 1985 Regular Meeting (Appeal No. 3369 - JEAN HARFORD, continued:) for the applicant to pursue other than a variance~ (5) 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. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the application of JEAN HARFDRD for permission to construct 12-foot garage addition at the east side of the existing single-family dwelling as applied under Appeal No. 3369, BE AND HEREBY IS APPROVED, .SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the addition not protrude past the front or the rear of the house setback lines; (2) That the addition be no closer than 7½ feet to the east side line as requested; (3) That the westerly sideyard area always remain open and unobstructed for access by emergency and fire vehicles; (4) That there be no further sideyard reductions on either side; (5) That the addition be used only for storage or garage purposes (not for additional living a~ea); (6) That the right-of-way as approved under Appeal No. 1223 January 2, 1969 as required by New York Town Law, Section 280-a, be improved as follows: [a] from Main Bayview Road to the first 90° turn be regraded (pQtholes filled); lb] the side brush be cut back to a minimum 16 feet in width where necessary through the entire length and be continuouslY maintained for safe access by emer- gency and other vehicles~ [c] the entrance pipe at 'the beginning of the right-of-way near Main Bayview Road be deflected as not to cause any leakage _Dr drainage onto the right-of-way in question. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~ So~thold Town Board of Appeals -8- July 18, 1985 Regular Meeting PENDING DECISION: Appeal No. 3360: Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne, NY 11565, for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2(C) for permission to build deck addition with reduction from edge of Corey Creek and reductions in front and side yard setbacks. Location of Property: 2600 Private Road #15 (Takaposha Road), Southold, NY; Coun%y Tax Map Parcel No. 1000-087-06-004. Following deliberations, the boa'rd made the following findings of fact and determination: WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application Of MARGARET WAGNER; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that no opposition has been received; and WHEREAS, the board members are familiar with the property, its use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this application, applicant seeks permission to construct an op~en deck addition wrapped around the westerly end of the existing one=story, sin.gle-family dwelling, leaving an insufficient sideyard fr~m the west side at 14 feet, an insufficient frontyard setback at 23 feet from the southerly property line, an insufficient setback from the highwater mark of Corey Creek.and existing wooden bulkhead at 38 feet. 2. The premises in question is located along the northerly side of a private road (right-of-way) referred to as Takaposha Road, or Private R~ad No. 15, which extends from a point at the south side of Ma~n Bayview Road in varied directions to the premises in question, mhich is identified on the Suffolk County Tax Maps as District lO00, Section 87~ Block 6, Lot 4', containing an area of 10,500± sq. ft. 3. For the record, it is noted that the subject private road (right-of-way) has been the subject of a prior appeal, under No. 1223, granted on January 2, 1969, w~th the condition that the holes and ruts from Main Bayview Road be filled and be smoothed over the entire road. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code, requires total sideyards of 25 feet, a minimum of 10 feet and 15 feet on the other side.., frontyard.setback of 35 feet or the established, and Section 100-119.2(B) requires a minimum of 75 feet from the landward e~ge of tidal wetland or ordinary h'ighwater mark of such tidal water body., whichever is greater. 5. In viewing the structures in the immediate area, a parcel Sou~hold Town Board of Appeals -9- July 18, 1985 Regular Meeting (Appeal No. 3360 - MARGARET WAGNER, continued:) two lots west of the applicant (1000--87-06-002 of Harford) is improved with a single-family dwelling set back approximately 19½ feet from its front property line, which is 23± feet less of a distance from this applicant's front property line when drawn on a parallel line at or near the center of the private right-of-way in question, and was conditionally granted under Appeal No. 3369 permission to reduce the easterly sideyard setback to seven-and one-half feet for a one-car ganage addition. The existing setback of the rear deck of the Harford dwelling is shown to be 35 feet as per Building Permit No~ 10253Z, C.O. #9633 of August 15, 1979. 6. The percentage of relief requested by the applicant herein is as follows: (a) _~n~ foot sideyard, or 7% of a variance; (b) the frontyard 13 feet from the requirements, or 33% of a variance; (c) a reduction of 12 feet from the existing 56' setback of the dwelling from the bulkheaded tidal wetland area, or 18±% of a variance from the zoning requirements. In considering this application, the board agrees that the open-deck addition as proposed: (1) will not substantially change the character of the district; (2) will not be adverse to adjoining properties; (3) will not cause a substantial effect of increased population density which may be produced on available governmental facilities; (4) in view of the substandard size of this ~arcel and substandard setbacks, the difficulty cannot be obviated _by some method feasible for the applicant to pursue other than a variance; (5) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, ~t was RESOLVED, that the application of MARGARET WAGNER for permission to construct ~p-around open deck addition with a frontyard setback of not closer than 23' to the front p~per~y line, 14' from the west side property line, and 38' from the ex]Sting rear wooden bulkhead, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain opened (not to be enclosed for additional living area); 2. There be no lighting which may be obtrusive to other properties; 3. That the right-of-way as approved under Appeal No. 1223 January 2, 1969 as required by New York Town Law, Section 280-a, be improved as follows: Southold Town Board of Appeals -t'O- July 18, 1985 Regular Meeting (Appeal No. 3360 - MARGARET WAGNER, continued:) (a) from Main Bayview Road to the first 90° turn be regraded (potholes filled)~ (b) the side brush be cut back to a minimum 16 feet in width where necessary through the entire length and be continuously maintained for safe access by emergency and'other vehicles~ (c) the entrance pipe at the beginning of the right- of-way near Main Bayview RQ~d be _deflected a_~ ._ no% t.o cause any leakage or drainage onto the right-of-way in quest!~on. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PENDING DECISION: Appeal No. 3365: Application for HOWARD HOEY, c/o Samuel J. Glickman, Esq., 114 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-19-01-14 (14.1). Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application for HOWARD HOEY; and WHEREAS, t'he board members have considered'all testimony and dDc~mentation entered into the record in this matter, and it is noted that ~i_~ois~t}~h.~as been received; and WHEREAS, the board members are familiar with the property, its use and the area in question; and WHEREAS, the board made the following findings of fact: 1~ By this ap.plication, ap~li'cant seeks approval of a parcel of 4~,560 ~q. ft. _f~m a 37± ac~e parcel, located at the South Side of Main (State] Road, Orient, New_york, identified on the~Suffolk County Tax Maps as District 1000, Section 19, Block 1, Lot 14.1 (14). 2~ Existing on the pro'posed parcel to be set-off is a single- Sou~hold Town Board of Appeals -ll- L~u]'yhl8, 1985 Regular Meeting (Appeal No. 3365 - HOWARD HOEY, continued:) family dwelling which is shown on survey map as amended April l, 1985, to be set back 10 feet, more or less, from its nearest point from the easterly side property line, and 19 feet, more or less, from its nearest point from the northerly (front) property line. 3. To be retained on parcel be of 37± acres is an existing single-family dwelling set back 48± feet from its nearest point from the northerly (front) property line, and located approximately 22 feet south of the subject dwelling is an accessory garage- storage building. 4. In viewing the character of the neighborhood on the same block, a majority of the parcels consists of a size substantially larger than that proposed by this application, and only one house on this block within several hundred feet is similar, which abuts the subject premises on the west side.i, which was not the subject of a variance and was approved by the Southold Town Planning Board November 8, 1982, in compliance with the requirements of the bulk schedule as to lot area, width and depth, and prior to the change of zoning from 40~000 sq. ft. to 80,000 sq. ft. In considering this appeal, the board finds that: (a) this proposal is not consistent with those generally existing on this block as applied; (b) the relief requested is substantial in relation to the zoning requirements, being approximately 46% of a variance from the 80~000 sq~ ft. requirement, and approximately 15% of a variance from the 175 ft. lot'width requirement; (c) that by allowing the variance as applied, there will be a sub- stantial change _.~n the character of the district since it may set a precedent; (d) the practica-i difficulty claimed is not unique; (e) that in view of the mann~ in which, the practical difficulty arose, there is another ~ethod feasible for the aR.p]icant to pursue either without a variance o[~wi_th a minimal variance;_ (f) that the interests of justice will be served by de'hying the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer~ it was ~ ~ RESOLVED, that the relief as requested under Appeal No. 3365 in the Matter of the Application for HOWARD HOEY be and hereby is DENIED'WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Sout~old Town Board of Appeals -12- July 18, 1985 Regular Meeting PENDING DECISION: Appeal No. 3352: Application of GENEVIEVE RICHARDS, 64155 Main Road, Greenport, NY, for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use proposed building in this "B-Li§ht" Business Zoning District for heavy-equipment stOrage. Location of Property: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. Following deliberations, the board V~ook the following action: WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application of GENEVIEVE RICHARDS; and WHEREAS, ~he board-~embers haVe ~on~idered all testimony and documentation entered into the record in this matter, and it is noted that no opposition h~sb~e~.received; and WHERE~s, the board members are familiar with the property~ its present use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this applicant, appellant seeks permission to construct a 36' by 70' stora§.~ buildin~.~o~ heavy equi.pment storage in this "B.-Lig~" B~ iness Zoning Di~strict. "2. The premises in question is located on the north side of the Main (State) Road, G~enport, NY, and is known and identified on the Suffolk County Tax Maps as District lO00, Section 56, Block 04, part of Lot 20; and Lot #2 on a subdivision map of the Southold Town Planning Board approved June 22, 1981. 3". The' parcel is question contai"ns a total area of 31,181 sq. ft. (~o tie line),_.with frontage along the Main Road of 258.84 feet and is presently improved with a single garage-storage building which is shown on survey dated January 31, 1985, to be set back 8 feet from the westerly property line, 23 feet from the northerly p~.operty line, and 29 feet from the ~asterly ~roperty line located al~.~g a private 25' ri~ht-of-way. 4~ Article VI, Section 100-~60 does not list "heavy-equipment storage" as a _permitted use in t~e "B-Light" Business Zoning District, 'although garage structure~ ~o~. storage of materials and parking~of vehicles has been permitted accessory with and customarily incidental to any permitted use and not involving a separate business. 5. For the record~ it is noted that simultaneously herewith, an application has been made and conditionally approved under Sou~hold Town Board of Appeals -13- July 18, 1985 Regular Meeting (Appeal No. 3352 GENEVIEVE R~CHARDS, Variance, continued:) Application No. 3353 for a Special Exception. In considering this application, the board agrees that the use of the building as proposed for inside heavy-equipment storage: (1) will not substantially change the character of this business district; (2) will not be adverse to adjoining properties; (3) will not cause a substantial effect of increased population density which may be produced on available governmental facilities; (.4) in view of the manner in which the difficulty anise and in consideration O~ all of the above factors, the interests of justice will be served b~ allowing the variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3352 in the Matter of the Application of GENEVIEVE RICHARDS for permission to use proposed 36' by 70' building for inside storage of heavy equipments BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: l. That the proposed building be no closer than eight feet to the clOsest west property line (rather than five feet)~ 2. There be no placement of garage doors on the highway side; 3. There be no obtrusive lighting which is adverse to traffic or neighbors in the area; 4. There be no storage of any equipment or materials in the frontyard area; 5. The building not to exceed 20' in height; 6. The building must comply with Ch. 46, Floodplain Manage- ment Law, if ap~!icable; 7. There ~hall ~'be fencing of the rearyard area with 6' high stockade fence (not to exceed 6'6" in height)][northerly yard area]; 8. Existing building must remain accessory to the proposed new building, an'd shall not be used for living or habitable quarters. Vote of the Board: Ayes: Messrs. ~Goehringer, Grigonis, Doyen, _t. Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 'Sout~old Town Board of Appeals -14- July 18, 1985 Regular Meeting (Appeal No. 3352 GENEVIEVE R~CHARDS, Variance, continued:) Application No. 3353 for a Special Exception. In considering this application~ the board agrees that the use of the building as proposed for inside heavy-equipment storage: (1) will not substantially change the character of this business district; (2) will. not be adverse to adjoining properties; (3) will not cause a substantial effect of increased population density which may be produced on available governmental facilities; (~) in view~.of the manner in which the difficulty arose and in consideration of all of the above factors~ the interests of justice will be served by allowing the variance, as noted below .......... Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer_, it was RESOLVED, that the relief requested under Appeal No. 3352 in the Matter of the Application _of GENEVIEVE RICHARDS for permission to use proposed 36' by 7Q' building for inside storage of-heavy equipment, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed building be no closer than eight feet to the closest west property line (rather than five feet); 2. There be no placement of garage doors on the highway side; 3. There be no obtrusive lighting which is adverse to traffic or neighbors in the area.; 4~ There be no storage of any equipment or materials in the frontyard areal 5~ The building not to exceed 20' in height~ 6. The bui~'iding must comply with Ch. 46, Floodplain Manage- ment Law,'if applicable; _.. 7. There shall be fencing of the rearyard area with 6' high stockade fence (not to exceed 6'6" in heigb_t); 8~ Existing building must remain accessory to the proposed new building, and shall not be used for living or habitable quarters. 9. In the event the right of the applicant to use the existing right-of-way of the Estate of Joseph A. LaColla (along the easterly pn.operty~ line) is terminated, this use variance shall become null and voi~d~ unless an alternative access to the rear of the buildings is arranged by the abutting property owners, and approved by the Town Board of Appeals. Vote of"th~-B~ard: Ayes: Messrs~ Goehringer~ Grigonis, Doyen, Dou.glass and SawiCki. Th~s resolution was adopted by unanimous vote of all the members. 'Sout~old Town Board of Appeals -15-July 18~ 1985 Regular Meeting PENDING DECISION: Appeal No. 3353: Application of GENEVIEVE RICHARDS~ 64155 Main Road, Greenport, NY, for a Special Exception to the Zoning Ordinance, Article VI, Section 100-60 and Article VIII, Section 100-80(B)[4] for permission to use proposed building in this "B-Light" Business Zoning District for heavy equipment storage as permitted in a "C-Light" Industrial Zoning District. Location of Property: 64155 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-56-04-20. Following deliberations, the book t6ok the following action: WHEREAS, a public hearing was held and-concluded on June 27, 1985, in the Matter of the Application of'GENEVIEVE RICHARDS~ and WHEREAS, the boa~ members have Considered all testimony and documentation entered into the record in this matter, and it is noted that no opposition has beenreceived; and WHEREAS, the board members are familiar with the property, its present use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this application, applicant seeks a Special Exception for permission to construct a 36' by 70' storage building for heavy equipment storage in this "B-Light~' Business Zoning District. 2. The premises in question is located on the north side'of the Main (State) Road, Greenport~ NY, and is known and identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 04, part of Lot 20; and Lot #2 on a subdivision map of the Southold Town Planning Board approved June 22, 1981. 3. The parcel is question contains a total area of 31~181 sq. ft. (to tie line), with frontage along the Main Road of 258.84 feet and is presently improved with a single garage-storage building which is shown on survey dated January 31, 1985, to be set back 8 feet from the westerly property lines 23 feet from the northerly property line, and 29 feet from the easterl.y property line located along a private 25' right-of-way. 4. This application has been filed pursuant to the April 1, 1985 Notice of Disapproval from the building inspector and Article VIII, Section 100-80(B)[4]. 5. For the record, it is noted that simultaneously herewith, an application has been made and conditionally approved under ~iAppeal No. 3352 for a use variance for heavy-equipment storage nside the subject 36' by 70' building. Sou'thold Town Board of Appeals -16- July 18, 1985 Regular Meeting (Appeal No. 3353 GENEVIEVE RICHARDS, Special E~'ception, continued:) In considering this application~ the board: (a) has considered items (a) through (L) of Article XII, Section 100-121(C)[2] of the Zoning Code; (b) has determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) has determined the safety~ health, wel- fare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (d) has determined that the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly~ on motion by Mr. Grigonis, seconded by Mr. Goehringer~ it was ~-~]t~ RESOLVED, that the relief requested under Appeal No. 335 in the Matter of the Application of GENEVIEVE RICHARDS for permission to use proposed 36' by 70' building for inside storage of heavy equipment~ BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed building be no closer than eight feet to the closest west property line (rather than five feet); 2. There be no placement of garage doors on the highway side; __ _ 3. There be no obtrusive lighting which is adverse to traffic or neighbors in the area; 4. There be no storage of any equipment or materials in the frontyard area~ 5. The building not to exceed 20' in height; 6. The building must comply with Ch. 46, Floodplain Manage- ment Law, if apB.Ii.cable; 7. There shall -be fencing of the rearyard area with 6' .high stockade fence (not to exceed 6~6'' in heigh~)~ 8. Existing building must remain accessory to the proposed new building~ and shall not be used for living_or habitable quarters. 9. In the event the right of ~he appli~'ant to use ~'~e'~xisting right-of-way of the Estate of Joseph A. LaColla (along the easterly property li_ne), is terminated, _this use variance shall become null and void, unless an alternative access to the rear of the buildi_~gs is arranged by the abutting property owners, and approved 'by .~he Southold Town Board of Appeals -17-July 18, 1985 Regular Meeting (Appeal No. 3353 - GENE~'IEVE RICHAR~,--~pe~ial ExceptiOn, continued:) Town Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3372: Application of COMMUNITY CHRISTIAN FELLOWSHIP, INC. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to establish and locate church for worship in this 'A-80" Residential and Agricultural Zoning District. Location of Premises: 11565 C.R. 48 (a/k/a 11565 WIckham Avenue), Mattituck, NY~ County Tax Map Parcel No. 1000-108-01-003. 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 COMMUNITY CHRISTIAN FELLOWSHIP, INC., and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that no opposition has beenreceived; and WHEREAS, the board members are personally familiar with ,the property and the character of the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for a Special Exception in accordance with Article III, Section 100-30(B)[2] of the Zoning Code for permis- sion to establish and construct a church for purposes of worship in this "A-80" Residential and Agricultural Zoning District. 2. The premises in question is located at the intersection of County Road 48 and Wickham Avenue (Old Middle Road) and is iden- tified on the Suffolk County Tax Maps as District I000, Section 108, Block 01, Lot 003. 3. This parcel is presently vacant and contains an area of 113,624 sq. ft. (or 2.6084 acres). 4. Proposed is an 80' by 20' two-story church structure (without entry) as shown on survey revised May 29, 1985 with a setback of at least 100 feet from C.R. 48, 40 feet from the west- erly side line, and approximately 200+ feet from Wickham Avenue. 5. The total gross floor area is shown to be 3,174 sq. ft. Sour'hold Town Board of Appeals -18~uly 18, 1985 Regular Meeting (Appeal No. 3372 - C~§NI~Y CHRISTIAN FELLOWSHIP, continued:) 6. The board has been assured that the Community Christian Fellowship, Inc. is a Not-For-Profit Corporation registered in the State of New York September 25, 1972. 7. For the record, it is noted that the Planning Board has not submitted any objections concerning this pr.oject whiCh may affect the granting of this application. In considering this application, the board has: (a) considered items [a] through [1] of the Zoning Code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) determined the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of Article III, Section 100-30(B)[2], subsections (a) and (b) of the zoning code. Accordingly~ on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Special Exception in the Matter of the Application of'COMMUNITY CHRISTIAN FELLOWSHIP, INC. under Applica- tion No. 3372, BE AND HEREBY IS GRANTED permission to establish a church for worship, as conditionally'authorized by Article III, Section lO0-30(B)[2](a) and (b), and subject to site-plan approval of the Southold Town Planning Board (per Article XIII), and referral to the Suffolk County Department of Planning (per Sections 1323, et seQ. of the Suffolk County Charter). 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 -17-July 18, 1985 Regular Meeting (Appeal No. 3353 GENEVIEVE RICHARD~S,-'~pec-ial Excepti-'~n, contin'~'ed:) Town Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was adapted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3372: Application of COMMUNITY CHRISTIAN FELLOWSHIP, INC. for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[2] for permission to establish and locate church for worship in this "A-80" Residential and Agricultural Zoning District. Location of Premises: ~11565 C.R. 48 (a/k/a 11565 WIckham Avenue), Mattituck, NY;. County Tax Map Parcel No. 1000-108-01-003. 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 COMMUNITY CHRISTIAN FELLOWSHIP, INC., and WHEREAS, the board members have considered all testimony and documentation entered i-nto the record in this matter, and it is noted that no opposition has beenreceived; and WHEREAS, the boar.d members are personally familiar with-the property and the character of the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application fOr a Special Exception in accordance with Article III, Section 100-30(B)[2] of the Zoning Code for permis- sion to establish and construct a church for purposes of worship in this "A-80" Residential and Agricultural Zoning District. 2. The premises in question is located at the intersection Of County Road 48 and Wickham Avenue (Old Middle Road) and is iden- tified on the Suffol'k County Tax Maps as District 1000, Section 108, Block 01, Lot 003. 3. This parcel is presently vacant and contains an area of 113,624 sq. ft. (or 2.6084 acres). 4. Proposed is an 80 by 20' two-story church structure (~without entry) as shown on survey revised May 29, 1985 with a setback of at least 100 feet from C.R. 48, 40 feet from the west- er!y side line, and approximately 200+ feet from Wickham Avenue. 5. The total gross floor area is shown to be 3,174 sq. ft. Southold Town Board of Appeals -18-July 18, 1985 Regular Meeting (Appeal No. 3372 - C~q~U~NI~Y CHRISTI'AN "FELLOWSHIP, continued:) 6. The board has been assured that the Community Christian 'Fellowship, Inc. is a Not-For-Profit Corporation registered in the State of New York September 25, 1972. 7. For the record, it is noted that the Planning Board has not submitted any objections concerning this project which may affect the granting of this application. In considering this application, the board has: (a) considered · items [a] through [1] of the Zoning Code; (b) determined the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) determined the safety, .health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (d) determined that the use is in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet the requirements of Article III, Section 100-30(B)[2], subsections (a) and (b) of the zoning code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Special Exception in the Matter of the Application of COMMUNITY CHRISTIAN FELLOWSHIP, INC. under Applica- tion No. 3372, BE AND HEREBY IS. GRANTED permission to establish a ..church for worship, as conditionally authorized by Article III, Section lO0-30(B)[2](a) and (b), and subject to site-plan approval of the Southold Town Planning Board (per Article XIII), and referral to the Suffolk County Department of Planning (per Sections 1323, et seq. of the Suffolk County Charter).~ Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was ado.pted by unanimous vote of all the members. Southold Town. Board of Appeals -19- July ~8~ ]985 .Regu].ar Meeting PENDING DECISION: Appeal No. 3359: Application for THOMAS YASSO (Williston Beverage)~ by Environment East, Inc., 3075 Indian Neck Lane, Peconic~ NY for a Variance pursuant to Z.B.A. decision rendered 5/22/7~ under Appeal No. 2029 for a proposed addition which will exceed the restricted lot coverage for this "B-l" General Business zoned parcel located at the south side of Main Road~ Mattituck~ NY; County Tax Map Parcel No. 1000- 122-3-5. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on June 13, 1985 in the Matter of th.e Application of THOMAS YASSO; and WHEREAS, th6 board members have considered all testimony and documentation entered into the record in this matter, including testimony in opposition during the public hearing; and WHEREAS, the board members are personally familiar with this property, its surrounding business and residential uses, and the hazardous traffic and parking situation in this area; and WHEREA'S, the board made the following findings of fact: 1. By this application, appellant requests perm~ission to construct a 7' by 15' addition ~%o.~he present building for addi- tional refrigerated storage space as'shown on the November 13, 1984 application for a building permit. 2. On December 3, 1~84, the building inspector issued a Notice of Disapproval for same on the grounds that same would not be in conformity with the May 22, 1975 conditions of Zoning Board of Appeals decision under_~ppeal NO. 2029 which limited an addition to a 64' by 30' size. 3. The premises in question is located on the south side of the Main Road (State Route 25), directly south of its intersec- tion with PaCific Street. 4. 'This parcel contains an area of approximately 11,000 sq. ft. with frontage along t~e Main Road of 90.85 fe~t~ with reductions in width to 26.80 feet along the rear (south) property line. 5o The subject parcel is improved with a one-story concrete block building with an attached one-story metal building, having minimal setbacks: (a) from the northerly [road] proper_~y line at 1'5± feet (b) west side yard at 7± feet (c) south rear yard at Sou~hold Town Board of Appeals-20-July 18, 1985 Regular Meeting (Appeal No. 3359 - THOMAS YASSO, continued:) 18'9" (d) east side yard at 15'8". 6. In personally visiting the premises, the board finds a very hazardous situation for trafficking in the front of this property, as well as insufficient parking facilities, insufficient egress and ingress, traffic congestion, inefficient and unsafe circulation of vehicles and pedestrians. In considering this application, the board finds that: (a) the relief requested is not in the interest of the protec- tion and promotion of the public health, safety, welfare; (b) the relief requested ~s substantial in relation to the zoning and]~off~St~eet parking ~equ~rements~ (c) by allowing the variance, there will be an adverse affect on adja- cent properties for their safe circulation of vehicles and pedes- trians since the applicant's available open area is being reduced; (d) the circumstances of applicant's difficulties are not unique~ (e) in view of the manner in which applicant's difficulties arose, the interests of justice will be served by denying the variance, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to deny the relief requested under Appeal No. 3359 in the Matter of the Application of THOMAS YASSO (Williston Beverage). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members present. PENDING DECISION: Appeal No. 3356: Upon application of-GREGORY SIMONELLI~ c/o Gary Flanner Olsen, Esq., P.O. Box 706, Cutcho'gue~ NY for a Variance to the Zoning Ordinance, Article III, Section lOD-31, Bulk Schedule, for approval of insufficient lot area and lot width of %wo parcels in this proposed three-lot subdivision located at the South Side of Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-107-02-04. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application for GREGORY SIMONELLI; and So~thold Town Board of Appeals -21- July 18, 1985 Regular Meeting (Appeal No. 3356 GREGORY SIMONELLI, continued:) WHEREAS~ the board members have considered all testimony and documentation entered into the record in this matter, including the June 27, 1985 appraisal report~ and Exhibits I and II, submitted during the public hearing in this matter; and WHEREAS, it is noted for the record that opposition has been received from residents in the area during the hearing in this matter; and WHEREAS, the board members are familiar with the property in question, its present use and building, and the surrounding area; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant seeks approval of the insufficient area and insufficient lot width of: (a) Lot 1 of 40,000 sq. ft. and 150 ft., respectively, and (b) Lot 2 of 34,835 sq. ft. and 128.86 ft., respectively, [exclusive of proposed right-of-way to Lot 3 which contains an area of 10,230± sq. ft.]. Lot #3 would contain an area of 82,637 sq. ft. 2. Proposed Lot No. 1 is shown to be improved with one single-family dwelling frame house and attached garage, set back from the westerly side line 35.5 ft. at its nearest point and 22 ft. at its nearest point from the easterly (proposed-division) line. Proposed Lots 2 and 3 are vacant. 3. Of the eleven lots adjacent to the subject premises, only two are of a size smaller than that proposed by Lot No. 2. 4. Although the board agrees that a majority of the lots adjacent to the subject premises are of a size less than the current zoning requirements of 80,000 sq. ft. in area, this majority does consist of lots between 40,000 sq. ft. and 64,500± sq. ft. in area, which is greater than that proposed by this application. In considering this appeal, the board finds that: (a) this proposal as submitted is not consistent with those generally existing on this block; (b) the relief requested is substantial, being at least 45% of a variance from the current requirement of lot area; (c) by allowing the variance as applied, there will be a substantial change in the character of the district for the reasons noted above; (d) the practical difficulty claimed is not sufficient to Southold Town Board of Appeals -22-July 18, 1985 Regular Meeting (Appeal No. 3356 GREGORY SIMONELLI~ continued:) warrant a granting of the application as applied; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by denying the applicatio~ as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3356 in the Matter of the Application for GREGORY SIMONELLI be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehrin§er~ Grigonis, Doyen~ Douglass and Sawicki. This resolution was adQpted by unanimous vote of all the members. PENDING DECISION: Appeal No. 3375: Application of R.L. BERGEN CO., INC. for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (100-80(C)[2] for permission to erect detached ground sign, the lower edge of which is proposed to be less than four feet above ground. Premises zoned "C-Light" Indus- trial and identified as 9275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-06-12. 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 L. BERGEN OIL, INC.; 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 no opposition has been entered by anyone; and WHEREAS, the board members are familiar with the property in question, this and surrounding zoning districts; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant seeks permission to erect a 6' by 2' on-premises ground sign for the purposes of advertisement for the existing fuel-oil business on this parcel. 2. The subject parcel contains an area of approximately 1.7 acres with 100± frontage (lot width) along the north side of the ' Sou~hold Town Board of Appeals -23-July 18, 1985 Regular Meeting (Appeal No. 3375- R.L. BERGEN OIL CO., INC., continued:) Main Road (State Route 25), Mattituck. 3. The premises in question and abutting parcels on the east are zoned '~C-Light" Industrial, and adjoining same on the west are premises zoned "A" Residential and Agricultural. 4. The ground sign is proposed to be located five feet from the town sidewalk area near the southerly property line and approximately 24 feet from the easterly side property line marker. 5. It is the board's opinion that the sign is minimal in size and would certainly be more aesthetic and would not have a commercial advertising effect in the design sketch submitted for consideration. In considering this appeal, the board finds that this proposal: Il) will not substantially change the character of this zoning district; (2) will not be adverse to adjoining properties; (3) will not cause a substantial effect of increased population density which may be produced on available governmental facilities; (4) in view of the character of the surrounding areas, the interests of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Do~g- lass and Mr. Goehringer, it was RESOLVED, that the relief requested in the Matter of the Application of R.Lo BERGEN OIL~ INC. for permission to erect a 6' by 2' on-premises advertising ground sign, BE AND HEREBY IS GRANTED, SUBJECT TO THE FOLLOWING CONDITION: That the bottom edge of the sign be not less than two feet above ground level. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen, Grigonis and Sawicki. This resolution was adopted by unanimous vote of all the members. So~thold Town Board of Appeals -24- July 18, 1985 Regular Meeting PENDING DECISION: Appeal No. 3366: Upon application for JOSEPH AND ARLENE LESTINGI, c/o David Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in the frontyard area as revised (from previous Appeal #3296). Location of Property: 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application of JOSEPH LESTINGI, Appeal No. 3366~ 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 permission to locate an accessory garage-structure in the frontyard area with a setback of not closer than 52 feet from the front (south) property line along Sound Drive and having a setback from the westerly sideyard line at not less than 17 feet. 2. The parcel in questio~ is located in the "A-40" Residential and Agricultural Zoning District, Contains an area of 37',741 sq. ft., with 100' frontage along the north side of Sound Drive, Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 33, Block 04, Lot 001. 3. The subject premises is presently improved with a new one-family dwelling, situate 172± feet north of the front property line along Sound Drive and having minimum sideyard setbacks of 19 feet, and pool and deck areas having a setback at its nearest point 26± feet from the bank, as more particularly shown on site plan approved under Building Permit #13506Z issued October 29, 1984. 4. It is apparent that in locating the principal dwelling with deck and pool additions at the most northerly end of the parcel near the bluff area, that the appellants' difficulties are self-imposed. 5. Due to the circumstances of the existin9 construction, r~"the board agrees that an accessory garage structure with a setback Southold Town Board of Appeals -25- July 18, 1985 Regular Meeting (Appeal No. 3366 - JOSEP~ AND ARLENE LESTINGI, continued:) of not closer than 52 feet from the front property line would be within the character of this area at the westerly end of Sound Drive. 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. Douglass, it was RESOLVED, to grant the location of an accessory garage structure in the frontyard area not closer than 52 feet from the front (south) property, line along Sound Drive, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the structure be located no closer than 15 feet from the westerly si.deyard line (as requested)~ 2. That the garage structure be of a size not to exceed 26' by 26'; 3. That the garage door (s) not face the street line; 4. There be no living, plumbing or other utilities that would condone habitable or sleeping quarters which is not per- mitted under the zoning ordinance; 5. That this structure not exceed one-story in height (18 feet); 6. There be no obtrusive lighting which will be adverse to surrounding properties; 7. The structure be located as requested, not closer than 52 feet from the front (road) property line; 8. That in no event shall this accessory structure be permitted to be converted for living or sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, ~-Douglass and Sawicki. This resolution was adopted b~ unanimous vote of all the members. Sou~thold Town Board of Appeals -26- July 18, 1985 Regular Meeting FISHERS ISLAND ANNUAL MEETING: Each of the board members were given notice of invitation to attend the Annual Fishers Island Town Board Meeting on August 7, 1985, leaving CLaudio's Dock at 9 a.m. and returning approx. 5 a.m. No confirmation was received as yet. PENDING DELIBERATIONS: Appeal No. 3338 - MR. AND MRS. HOWARD L. YOUNG, Ma~n Road, Orient~ New York. The public hearing on this matter was concluded on June 13, 1985~ The board asked Mr. Lessard to submit a copy of an up-to-d'ate C.O. or pre-C.O, or other document indicating the present legal status of the entire parcel and each existing structure. This matter will be discussed again August 8th. PUBLIC HEARINGS FOR AUGUST 8, 1985: 'On motion by Mr. Dougl'ass, seconded by Mr. Goehringer, it was RESOLVED, that the following applications be and hereby are scheduled to be held for public he~rin§s at the next Regular Meeting of this Board, to wit: THURSDAY, AUGUST 8, 1985~ to be held at the ~outhold Town Hall~ Main ~RO~d~ Sout~Ql'd~ Ne~_ YOrk~ and be it further RESOLVED~ that the Secretary is hereby a~thorized and directed to advertise notice of same pursuant to law in the local and official newspapers of the town~ to wit: Suffolk T'imes, Inc. and bo~g Island Traveler-Watchman, Inc.~ 7:30 p.m. Appeal No. 3378 - MARK A. SQUIRES. Pool on vacant ~arce.1. E/s Vanston Road, Cutchogue. Subd. Lot 356. 7:35 p~m. Appeal No. 3380 GEORGE AND DORIS SULLIVAN. Accessory storage building in easterly sideyard area. S/s Sandy Beach Road, Greenport. 7~40 ~p.m. Appeal No. 3381 OTTO ZAPF. Accessory storage (garage) building in frontyard area. Private R-O-W off North Side of Main Road, Orient. 7:45 p.m. Appeal No~ 3377 NICHOLAS IPPOLITO. Variance as to insufficient lot area of two parcels, each with an existing dwelling. Carole Road, Southold. 7:50 p.m. Appeal No. 3348 - CHARLES P. SIMMONS. Variance as to insufficient lot width of two parcels in this four-lot division. N/S Sound Avenue, Mattituck. Vote of the Board: Ayes: Messrso Goehrin§er, Grigonis, Doyen~ Douglass and Sawicki. This resolution was adopted by unanimous vote of ail the members. ' Sout'hold Town Board of Appeals -27- Jut~y 18, 1985 Regular Meeting NEW FILE: Appeal No. 3379 RUTH ENTERPRISES/C & D Realty/ C. Corn~ll. The board reviewed the file and noted that comments or recommendations from the Planning Board has not yet been received. The Secretary was authorized and directed to send a letter to the applicants requesting: (a) additional proper notice to adjacent property owners if the applicant is request insufficient sideyard setbacks and insufficient parking spaces in his application; (b) cilarii!fication as to whether the applicant wishes to included sideya?d and parking in this appe.a~l~ (d) wri'~ten com~ents~"recommenda{-~'~n Ur approval from the Planning Board concerning the pending'site plan elements; (e) Notice of DisE'losure for ~6th co~'porations of its individuals having an i~erest therein. Motion was made by Mr. Douglass, seconded by Mr. Goehringer, and unanimously carried. NEW'FILE: Appeal No. 3382 - BAYVIEW..VENTURES and MATTITUCK HARBOR ASSOCIATE'S.~ ...... The board-re~.~e'w~ the.fill.e received J~ly'lO, 1985, and.metiQn was-made by Mr. Douglass~ seconded by Mr. Goeh- ringer, that ~t be RESOLVED, that the Chairman is authorized and directed to hold.the. Ma~tter of the Application for BAY VIEW VENTURES AND MATT.ITUC~"HARBOR ASSOCIAT~ temporarily ~in abeyance.pending recei'pt'of.i, no~t ~nd communications from the Suffolk County Depart- ment of Health Services'regarding the pending ~PDES and wa~er supply system appl~jcations; and it be further RESOLVED, that a Disclosure Statement be requested disclosing any and all persons/individuals having an interest in eithe.r Bay Vi_ew Ventures and Mattituck Harbor Associates (and aey other corporation which may have an interest thereunder.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resoletiOn w~.~ adopted by unanimous vote of all the members. So~thold Town Board of Appeals -28- July 18, 1985 Regular Meeting NEW FILE: Appeal No. 3389 - NICHOLAS PETIKAS. Variance to use p~rcel ~resent~y~of~wb~ch 9~776~sq. ft. is "B-Light" zoned and the remaining 11~707 sq. ft is "A" Residential and Agricultural zone, at the W/s Sound Road, N/S North Road, Greenport, NY. In viewing the application which was filed this afternoon, it was the consensus of the board that the following documentation be requested before scheduling this matter for a public hearing: (1) copy of the recent action or letter of recommendations from the Southold Town Planning Board concernin§ the site plan; (2) certification on the recent survey amended 5/9/85 certify- ing the exact square footage and percentage of relief requested [by a licensed engineer or surveyor]; (3) updated notice to neighbor form together with affidavit of mailing and certified receipts dated at least five days preceding the filing of the variance application [Article XI, Section 100-125[A[]; The board members were unanimously in agreement. AMENDMENT TO ZB-2 Special Exception Form: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to authorize and direct an amendment to the Form ZB-2, Special Exception Application, to include "Location of Property" and "whether prior applications to the ZBA have been made concerning the subject property." 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 MINUTES: On motion by Mr~ Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the following Meetings: June 19, 1985 Special Meeting June 27~ 1985 Regular Meeting June 13, 1985 Regular Meeting. Vote" of the Boa'rd: Ayes: Messrs. Goehringer, Grigonis, Doyen~ Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Southo]d Town Board of Appeals -29- July 18, 1985 Regular Meeting PENDING COMPLIANCE: Appeal No. 3184 PETER AND PATRICIA LENZ. The board members reviewed the recent update on this matter, and the Chairman advised the board of his past and recent discussions with the Town Attorney. The B6ard agreed that Mr. Lenz should be sent a letter asking his immediate attention on the pending variances, or the board would consider to initiate a proceeding to revoke the area and 280=a variances granted. PENDING VARIANCE CONDITIONS: Appeal No. 2735 HARRY O. HURBU~T~ JRt_ Conditional' variance_gra~ed~OctOber 16, 1980. Member~DQ~en advised the board that in checking with Mr. H~rlburt recently,.. Mr, Hurlburt Sndicated th~ the accessory b~ilding was not constr~cted. One of the board's conditions is that the applicant apply each year for annual' renewal, and since the building has .not been constructed, ~nd annual renewal not requested, the variance 6t this time is frUitless~ RENEWAL OF SPECIAL EXCEPTION ANNUAL PERMITS: On motion by Mr. G~igonis, seconde~by Mr. Douglas~,. ~t was- RESDLVE, to approve the follo'~ing Special Exception off-premises sign renewals for a period of ONE=YEAR from the date hereof and subject to the 'Federal Highway Beautification Act and Funding Laws for Highways~ if applicable: (continued on page 30 and 31) Southold Town Board of Appeals -30-July 18, 1985 Regular Meeting Name: Permit Number: Agway, Inc. 1898 Brian's Song Inc. 2288 Edna A, Brown 1084 Armando Cappa The Barge Restaurant 1428 Steve Doroski 1029 Mr. L. Duell Orient Country Store Ltd. 907 Frohnhoefer Electric Co. Inc. 1028 C.S, Jackson Getty Oil Griffin Service Station 1039 JoAnthony' s Restaurant 1165 Thomas & Florence Jurzenia 206 " .... 1073 " " " 1074 " " " 1072 Fred Kaelin 900 Theodore Klos 1025 John Koroleski 1784 James Kreh Magic Fountain 887 Marian Council Knights of Colombus 1024 Lions Club of Mattituck 1065 Long Island Vineyards, Inc. 2309 Mattituck Inlet Marina t753 Mattituck Inlet Marina & Shipyards Inc. 1727 '~ " " '~ " " 1321 " " " " " " 1322 Mattituck ~Merchants Inc. 279 5outhold Town Board of Appeals -31-July 18, 1985 Regular Meeting Hame: Permit Humber: Mattituck Plumbing and Heating Corp. 935 North Fork Community Theater 914 Port of Egypt Fishing Station 915 Puerto Verde Restaurant 2037 " " " 1580 Fred and Harold Reese !441 Reeve Lumber and Woodworking Co. Inc. 1020 Rhumb Line, Inc. 2438 Sacred Heart R,C. Church 2712 San Simeon By The Sound 1224 Russell P. Silleck Agency 1013 Silvermere Bungalows 930 Richard Sledjeski Porky's Restaur,ant 1042 Sound Shore 1252 Southold Rotary Club, Inc 2443 Sunset Motel 901 Sunset Motel 902 Robert Tabasko Mattituck Motel 2026 Alfred Terp 1932 Village Mar'ine of Ma~tituck 1714 Volinski Olds, Inc. 1582 Wells PontiaciC~dillac 1312 Noodhollow Properties, Inc. 909 Howard Zehner 442 John Wickham Wickhem Fruit Farms 1009 Claudio' Restaurant 2562 Mattituck Presbyterian Church 932 Herbert Sanders ' 1007 St. Peter's Lutheran Church 2444 " " " 2'445 Patricia Drossos Zeller 1927 Southold Town Board of Appeals -32- July 18, 1985 Regular Meeting (Sign Renewals, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. At lO:15 p.m.~ M~mber Sawicki made a motion to go into Executive Session to discuss pending litigation on the Matter of Heinisch vs. ZBA and Huberman, and the Matter of Town vs. Harold Walters. This resolution was Unanimously adopted~ Executive Session 10~:15 - 10:45 pom~ At 10:.45 p.mr, the Chairman declared the meeting adjourned. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Apoeals · · ~ . RECEIVED AND FILED BY A~~ra~d P. ha~rm'an THE SOUTHO~.r~ TOWN ~/~2/~s ' x/ Dr, CC ~1~/~ r~otm ~:~e~,~, SOUTHOLD TOWN BOARD OF APPEALS Minutes of Regular Meeting Thnrsday, July 18~ 1985 # 3366 7:30 p.m. Recessed from June 2.7, 1985. Appeal of JOSEPH and ARLENE LESTINGI MR. KAPPEL: First, I would like to apologize for not being able to attend the original hearing. As you know, back in January, a variance was granted for this garage based on a plan submitted which shows the building being set back 90' from Sound Drive. Upon informing my clients that the variance had been approved and describing to them the condition, they pointed out to me that they had, or their architect had relocated the proposed house, which is now under construction; in order to further set it back on the bluff line, as had been suggested by the Town Building Department. This reduced the availability of the setback for the garage from the front yard line by approximately 28'. Sub- sequently, they further informed me that that the contractor who was doing the work for them, had located the sewage disposal sys- tem in such a way that it was within the area that the garage would sit, if it were moved to this location, which would be set back 62". So they further requested that I ask the Board to ~nsider a setback of 52' from Sound Drive and that is what we are now re- questing. I notice in reviewing my file that there is some am- biguity in the papers inasmuch as the application reads 62'. I did come in and correct the plan that is on file in the ZBA office, to show what we would like. I would appreciate it, and my clients would appreciate it if the Board would approve this. MR. CHAIRMAN: And the same Sideyards and the same .... MR. KAPPEL: Everything else is all right. Understand that it stems from the fact that if we are trying to act responsibly with regard to the setback.s and the bluff line and rear yard. MR. CHAIRMAN: I thank you very much. Anybody else on behalf of this application? Against the application? Questions from Board~ Members? I thank you Mr. Kappel. We will close the hearing and I have not discussed it with the Board. Thank you for coming in. ~3364 - At 735 p.m. a Public Hearing was held in the matter of SOCRATES and DAPHNE SPIRAKIS, for a variance for approval of con- struction of a deck addft~o~ to dwelling with insufficient setbacks from the northerly side property line. The Chairman read legal ~tice and appeal appliCation in their entirety for the record. MR. CHAIRMAN: I have a copy of A Suffolk County Tax Map showing this and surrounding properties in the area. ZBA 7/18/85 Page 2. SPIRAKIS HEARING - Continued MR. CHAIRMAN - continued: heard? Mr. Spirakis, would you like to be MR. SPIRAKIS: I don't know too much about these things. say we have no permit or we did file for the permit? Did you MR. CHAIRMAN: I did not say anythi'ng about the permit. MR. SPIRAKIS: I heard something about permit. We built a garage and I had the architect draw up the plans, and we submitted them and did everything we were supposed to do. I don't know anything about buildings and architects. But, I assume what. happened, and I assume it was an honest mistake on his part, when he laid out the plan, because we alloWed 10' which was checked with the Town, and we allowed 10' that is shown on our plan.s, and he started to draw it someplace he prObably went wrong for the one. foot, which is the northwest corner of the lot. We allowed 14' in the front, so we are talking only the corner. We built what was supposed to be built; we stayed within all the laws, I was told by the~ builder and I assume that is what happened. We have been fighting 3 or 4 months. It is a hardship. We cannot use the garage or any part of it. I have never been before anybody, and I am a little ner- vous. I have no idea where this 9', 10' went. I have no idea. All my neighbors came to me when I had to send a letter, and they gave me letter's that this was all right; no problem at all. I am trying to make look like the old building to complement it. I don't know. You try to do what is right and we really have a big problem with this. The builder is not around. He is building in Merrick now. If I could get a hold of him, it would be another couple of months and we are running into a problem with that and he wants more money and I am trying to hold him off, if I can get the job done. I.f you gentlemen could see your way clear, I would appreciate it. MR. CHAIRMAN: Just a few questions before you sit down. I noticed in taking a picture of the, standing in front of the garage, that you have some sort of shed against that property line, which I would assume be the north property line. MR. SPIRAKIS: The shed was there when I bought the house. MR. CHAIRMAN: Do you have access, adequate access on the south side of your house to get around your house.? MR. SPIRAKIS: I don't know north east south or west. MRS. SPIRAKIS: Yes, you can get around. what do you mean? When you say adequate, ZBA 7/18/85 Page 3 SPIRAKIS HEARING - continued MR. CHAIRMAN: For machinery. MRS. SPIRAKIS: You could bring lawnmowers, but not something very large like a tractor or something. I would say from the house to the trees and the bushes start, maybe 20'. MR. CHAIRMAN: Okay, so y.ou would have trouble on the south side getting things around? MRS. SPIR~KIS: I .woul'd say that you' couldn't bring a car around. MR. CHAIRMAN: The reason'being is that this Board is extremely involved in the issue of access, Mr. and.Mrs. Spirakis, and 9' is about the minimum ... MR. SPIRAKIS: It is 14' at that point ...... I do not hear well, either. No, I am serious. MR. CHAIRMAN: Where you have, it may be 14" in the front, but it is 9' in the rear. We would want..that access if we were so inclined to grant-this application, free and open, so that you could use the open area so that if you had to get to the rear of your property... MR. SPIRAKIS: Oh, yeah, that is no problem. MRS. SPIRAKIS: You are talking about that shed now. eventually, it .is on its Way. That shed may MR. SPIRAKIS: If you'want it down, if that will make a difference, I will take it down noW. MRS. SPIRAKIS: That was the're when we got it. MR. SPIRAKIS: It is just sitting there and I got 2 garbage cans.. MRS. SPIRAKIS: We were actually thinking, that is why we built the garage, because the shed was our garage. Eventually, we will take everything out of the shed. MR. SPIRAKIS: Somebody photographed that? MR. CHAIRMAN: I did. MR. SPIRAKIS: Oh, good, the white car, I did not know who it was. MR. CHAIRMAN: I hope that it had a sticker on the side. MR. SPIRAKIS: No, it was a white Jeep. MR. CHAIRMAN: I am sorry, I was in my own vehicle at the time. ZBA 7/i8/85 Page 4 SPIRAKIS HEARING - continued MR. SPlRAKIS: I went to get the site, trying to find out who it was. Okay, We watch our property. as it is a private road, now I know who it was. MR. CHAIRFD%N: We thank you. Anybody else like to be heard on behalf of this application? Against the application? JOHN DERESDER : I would like to clarify something with regard to the south side of the property. I am an adjacent resident across the private road. They are in about 25' south of the most southerly part of their house. Right now the access would only be at the expense of low-lying brush. If you drive a car back there, you destroy some of it. It is necessary to push the wilderness a little farther south, there is no problem in doing it. MR. C HAIRM3kN: Thank you. ~yone else concerning this application? For the record, we do have several letters asking us to consider this application. They are surrounding properties, adjacent pro- perties. They are for all intents and purposes in favor. Based on that particular consideration, I will discuss this with the Board later. I have not discussed it with them. In fact, we have all gone down at separate times to look at this, so we will hope- fully discuss it tonight. We have a relative amount of decisions to make from the last meeting and we hope to have a decision for you in the near future. AJDout two weeks possibly. Hearing no further questions, I make a motion closing the hearing reserving decision until later. #3368 - At 7:47 p.m. a Pub[[ic Hearing was held in the matter of JOHN and LORRAINE FABRY for a variance to construct a deck addition to dwelling with insufficient setback from high-water mark. Chair man read legal notice and appeal application for the record, in their elntirety. MR. CHAIRMAN: I have a copy of the Suffolk County Tax Map showing this and surrounding properties in the area. Is there somebody who would ]ike to be heard? MR. FABRy: I don't have anything further to say. any questions. If you ]lave MR. CHAIRMAN: Let's see, the 23' 8", is that the part that is adjacent to the house? Maybe I will just show you this and you can tell me. ZBA 7/18/85 Page 5. FABRY HERRING - Continued MR. ~AIRMAN: I assume th'at you are extending almost all the way out to the bulkhead area. Is that correct? Do you have any objection to the normal restrictions that we place on open decks, that they remain open? MR. FABRY: Oh, no. MR. CHAIRMAN: There'Will be no obstrusive lighting to your neigh- bor's, overhead lighting? MR. FABRY: No. MR. CHAIRMAN: The deck remains and does not become a part of the house at any tim~_ either by putting a foundation underneath it or building a basement underneath it or putting a roof over the top? MR. FABRY: No. MR. CHAIRMAN: That should take care of it. Thank you for ~oming in. Is there anybody else who would like to be heard on behalf of this application? Against the applicat;ion? Questions from Board Members? Hear.Lng no further questions, I make a motion closing the hearing, reserving decision until later. #3370 - at 7:55 p.m. a Public Hearing was held in the matter of ROBERT N. KENNEY for a variance to construct a deck addition to a dwelling with insufficient rearyard setback. Chairman read legal notice and appeal applications for the record, in their entirety. MR. CHAIRMAN.: I have a copy o'f a Suffolk County Tax Map, showing this and surrounding properties in the area. MR. KENNEY: I am here, but I have nothing to add to this. MR. CHAIRMAN: Mr. Kenney, do you have any objection to the similar conditions that I just mentio'ned to Mr. Fabry, and that is that the deck always remain open and not be a part of the habitability of the house? No obstrusive lighting to the neighbors, etc.? MR. KENNEY: No, it is an open deck. MR. CHAIRMAN: Again, I have not discussed this with the Board. We all went down separately. I have no idea what their opinion is. At this particular time, I am going to have to close the hearing, after I ask if anybody else would like to speak, and you are wel- come to call us in a couple of weeks and we will let you know what the decision is. Anybody else concerning this application? Questions from Board Members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. ZBA 7/18/85 Page 6. ~3375 - At 7:58 p m. a Public Hearing was held in the matter of R.L. BERGEN OIL co..~._.~N. CL, for a variance for permission to erect detached ground sign, the lower edge of which is to be less than 4' above ground. Chairman read legal notice and appeal appli- cations in their entirety for the record. MR. CHAIRMAN: I have a copy of a Suffolk County Tax Map, showing this and surrounding properties in the area. There is only one questions that we had had, and that is the actual placement of it. On the building permit, you indicated 75' ~om the west property line and approximately 25' from the east property line. I don't think the east 'property line is right, because you have the building there, right? MR. BERGEN: Well, it is, you mean you think it is less? MR. CHAIRMAN: I think it is more.. MR. BERGEN: I guess it could be more like 60'. MR. CHAIRMAN: Could you do me a favor? Could you scale that out for us and give us a call tomorrow, so that we can put it in the nature of the decision? We have to put the approximate area but we are so far off on that one side and I did not have a tape with me when I was down there to look at it when I took a picture. Occasionally I do, but I did not at .that time. Also, you are in- dicating that you want the sign to be approximately 5' from the property line. Now, this is not the street line, this is the property line, is that correct? Is it 5' in from the sidewalk? MR. BERGEN: 5' in from the sidewalk. MR. CHAIRMAN: Okay. And so it is not actually sitting on that new knoll that you placed in there, is it? A portion of it on that knoll? MR. BERGEN: No, it is is right directly in front of the row of bushes. The knoll is to the west of that. MR. CHAIRMAN: Okay. ~nd the sign will probably be illuminated? MR. BERGEN: Yes. From the .ground. MR. CHAIRMAN: That sufficiently answer, s my questions. anything that you would like to add? Do you have MR. BERGEN: No. I just want to-make sure that it does not affect traffic. ZBA 7/18/85 Page 7. R.L. BERGEN .OIL CO., 'INC. HEARING - Continued MR. CHAIRMAN: In fact, I think the property goes down a little at that point, doesn't it? It is not completely level at that point, it dips down a little, doesn't it? MR. BERGEN: Village. Well, the natural terrain is upwards toward Bohack MR. CHAIRMAN: I thank you very much. YOu will call us with that tomorrow? We will give you a decision as quickly as we can. I thank you for coming in. Is there anybody else who would like to speak on behalf of the application? Again~st the application? Questions from Board Members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Until Mr. Bergen gives the approximate area that we are looking for in reference to footage. #3374: At 8:03 p.m. a Public Hearing was held in the Matter of SOUTHLAND CORPORATION for a variance to construct a fence in ex- cess of height limitations in frontyard. Chairman read legal notice and appeal applications in their entirety for the record. MR. CHAIRMAN: I have-~'a.copy of a Suffolk County Tax Map showing this and surrounding p'arcels in the area. Mr. Osborne? MR. OSBORNE: My name is Tom O'sborne of Essek$~Hefter, Cuddy and Angel, Riverhead,New York representing Southland Corp. I wanted to point as you have already found that the fence is already up. I tried to make the petition as complete as possible, so if you have any questions, I will be glad to answer them. MR. CHAIRMAN: What was the nature of the application? Why did the Building InspeCtor turn you down? Was this an oversight whenuthe original ~site plan was constructed? MR. OSBORNE: I was not invOlved with the site plan application or anything before the Planning Board. We are here because of the 6' high fence in the frontyard area. MR. CHAIRMAN: Let me Just ask Mr. Lessard. What had happened? Was there a nature of a violation that required them to come be- fore this Board? MR. LESSARD: When they originally applied for an addition, I had noticed on the site plan this fence, and there was no permit ZBA 7/18/85 Page 8. SOUTHLAND CORPORATION HEARING -'Continued Mr. LESSARD - continued: ...for-~it. Then I realized that it was 6' high~--~e Code, Section 10Q-1~00.19.1 under Section C, it says when iOcate'd in a frontyard area or along the sides or rear, 'fence shall not exceed 8' in height. Not knowing what the man was trying to say, in order to safeguard the intent, we would send him to the Board of Appeals. The interpretation of that clause, if you want to forget the front, back and both sides, it is just a safeguard for the intent. I don't know if he ... MR. CHAIRMAN: May I just ask you one other question, Mr. Lessard. Concerning the application you were saying for a building permit, what building permit was Southland applying for? MR. LESSARD: For an addition on to the existing 7-tl in Southold to contain the returnable bottles, etc. MR. CHAIRMAN: The reason I ask you that question is because when I took the picture, of both sides of the building, they do in- dicate that dumpster, I am"sorry, the truck or whatever that skid, it is basically a truCk without wheels on it, is still there and this Board considers that to be~a violation. I know that you are the enforcing agent but we do consider it to be a violation. MR. LESSARD: When the State Passed the law, no one was ready to adjust to the law and unfortunately, these applications have been around 16 months now and we are t meantime, we are not loo'king too We can't create an impossible sit MR. CHAIRMAN: As you know, we ha for that particular building and At tha~ particular time, it was u longer needed because of ~the plac going to be the case? MR. LESSARD: Yes, it is ~in~ a B z B zone doesn't require sideyard s withdrawn. MR. CHAIRMAN: Thank you very muc that you would like to make? ~ying to resolve them. In the nard at that present condition. ~ation. ~ an application before this Board the addition to that Building. nderstood the variance was no ement of the building. Is that Dne. I had thought it was a B-1. etbacks. That is why it was 5. Do you have any other statements MR. OSBORNE: No~ ZBA 7/1 8/85 Page 9. SOUTHLAND CORPORATION HEARING -Continued MR. CHAIrmAN: Thank you very much. Is there anybody else who would like to speak on behalf of this application? Against the application? Questions from Board Members? Hearing no furthe~ questions, I make a motion closing the hearing, reserving decision until later. ~3376 - a~t 8:10 p.m. a Public Hearing was held in ~e matter of JOHN F. MARTIN for a variance for a radio antenna in excess of height limitations. Chairman read legal not, ice and appeal appli- cation in their entirety for the .~ecord. MRJ CHAIRMAN: I haVe a copy of a Suffolk County Tax Map showing this and surrounding parcels in tke area. Is Mr. Martin here? Mr. Martin, could you tell us how tall this tower is? MR. MARTIN: Approximately 71' high. That is to the ~op of the tower, itself. The antenna is ano~ther 10' over tha~. So it would be a total of 81'. But actually the antenna support is not part of the tower structure itself. It is a rotating mast inside. MR. CHAIRMAn: What is ~he nature of this particular tower? MR. M~RTIN: Amateur radio ~transmitter. MR. CHAIRMAN: Like a ham radio? MR. MARTIN: Yes, exactly. MR. CHAIRMAN: Is there any-interruption caused by that to sur- rounding properties? Such as to television sets, radios. MR. MARTIN: No, I am fully filtered out. Any problems I have ~ad with the neighbors, as they bring it up, I can take care of it to the best of my ability.- I am governed through the FCC as far as that is concsrned; if I am into someone elses television or radie, I have to answsr to the FCC. MR. CHAIRMAN: The reason I ask you that questS,Dh is because we have granted these before and the>restriCtions that we have placed on them have indicated that just as you kave seen me ask several people tonight, wi~h o~en ~e~ks, we ask them not to p].ac~ iiqhts on these decks that %;ould~ be obStrusive to the neighbors. It is the same situation in this case° ~We will be askin~'~s a restriction, if this Board grants it that there b~ ~c inte~cfei~ence placed to anv property owner ZBA 7/18/35 Page 1 0. JOHN MARTIN HEARING --continued~ MR. CHAIRM. AN.: -COnt~n]~ed. throug?~ their radio,, televisior~ ~, or an-~'©--~he--~'~me--&hanical accesses MR..~tRTIN: As I :~aid, through the FCC theze a?c~ ce~rttin stan.- dards. Sometimes when you have'people with older radio ~quip- ment, not my equipment, but receiving equipment. Television- sets that are 20 years old that are not properly filgered, thei~ problems are not mine, because I am meeting standards set by FCC. MR. CHAIRMAN: So', you think there might be a possibility... MR. MARTIN: There is always a possibility if someone has some old stuff. Now, everyone that I know that is around, has cable- vision. Of course, if anyone complains, they first come to me. I would see to it that the problem is rectified. If not, then they go through directly to the FCC and they investigate. If I am at fault, they take action against me. If the people have poor equipment, then, that's their problem. MR. CHAIRMAN: Do you have any idea if the FCC would require to put a light on this tower? MR. MARTIN: No. It won"t be over !00' high~ get into the lighting for aircraft. That's where you MR. CHAIRMAN: Let's see what develops. I thank you very much. MR. MARTIN: One question. Do you have any idea how long this will take? The reason is presently I am unemployed. I would like to get this done while I am not working MR. CHAIRMAN: Well, we have been working approximately one meeting behind. In other words, Zonight we will address the applications that we had at the last meeting. As I had men- tioned to our prior applicant, if we don't address it tonight, then we will address it in the area of August 8th. MR. MARTIN: Will I be notified by Mail? MR. CHAIRMAN: Yes. Thank you. ZBA 7/18/85 Page 11. JOHN MARTIN HEARING - Continued MR. CHAIRMAN: Is there anybody else.who would like to speak in favor of this application? Against the application? Questions from Board Member's? Hearing no further questions, and the only problem that I can see concerning the application, Mr. Martin, is that just as in the area of these wind generators, we would like to see the antennaes plaeed approximately in the center of the lot. In your particular case, so if this tower ever did fall, it would fall on your property and not cause any adverse affect on your neighbors. MR. MARTIN: If you look roughly at that drawing, it is not going to bo'ther anybody. Originally, when I had 'the application in, I had the antenna on the backside of my garage, which ap- proximately 10' away from the other property line. They had said that everything was okay. On the 4th of July, they asked me if I could move it to the backyard, the old Mrs. Felipe was 90 years old and she was deathly afraid that it would fall on her. So, I came down here and moved everything over. It is pretty close to being right in the"middle of the yard. I have all the engineering data from U-Tech. The same tower itself is capable of going up to 150' and can withstand 115 mile anLhour winds. MR. CHAIRMAN: Thank~you. Hearing no further questions, I make a motion closing the hearing, reserving decision until later. 03372 - At 8:20 p.m. a Public Hearing was held in the matter of COMMUNITY CHRISTI~FELL©WSHI.P, INC. for a special exception to e--~tablish and locate church for' worship in A-80 Residential and Agricultural zone. Chairman read legal notice and-~appeal appli- cations in their entirety for the record. MR. CHAIRMAN-: I ~have a copy of a Suffolk County Tax Map showing this and surrounding parlcels in gte area. Who would like to be heard? MR. REITER: I am Dan Reiter and I am one of the trustees of the Community Christian Fellowship. The first thing I want to do is thank you for getting this on the agenda. We are coming before th~ Board to ask you to grant us a special exception that we can go ahead and build. We have mortgage money waiting for us at S©uthold Savings Bank. Also, our lease is up in our present facility we have made almost everybody take the month of August off. So, we would appreciate any speediness on your behalf. We have been around since 1972. We are not new, but we have al- ways leased. Because of our size. We have grown over the last 12 years, believe that the character of the building will enhance the properties up on the North Road. ZBA 7/18/85 Page 12. COMMUNITY CHRISTIAN FELLOWSHIP HEARING - Continued MR. REITER - continued ..... It will be amongst the vineyards and everything else. MR. CHAIRMAN: The structure will be of wood construction? MR. REITER: Yes. MR. CHAIRMAN: Did you submit a simultaneous application to the Planning Board? MR. REITER: Yes, I did. MR. CHAIRMAN: Did you receive a letter from them on July 9th? It says the following recommendations are made with regard to the above site plan .... It is the concensus of the B©ard to recommend that the parking area be 15' from the property line. As currently proposed, the building is within 15' and buffers would be required. Are you going to resubmit the site plan? Have you subsequently moved the building, or the parking lot? MR. REITER: Well, nothing is done yet, so it is no problem whatsoever to move the parking lot. It has not been cut in yet. MR. CHAIRMAN: You are aware that this special exception basically only deals with the proposed structure as it stands right now. Is that correct? Is that the way you want it? You have not given us any indication as to the size of the future possible expansion. MR. REITER: We realize that. MR. CHAIRMAN: You will have to come back, possibly in several years, or next year hopefully. I just want you to be aware of that because we have no indication of what that structure would look like at that point. We will attempt to address this issue tonight. We have some 8 or 9 that we have to deal with before this one, so you are welcome to ~give us-a call. We very rarely want to hold anybody back in an area of this particular nature. Thank you very much, Mr. Reiter. Is there anybody else who would like to speak on behalf of this application? Just state your name, in the mike. ZBA 7/18/85 Page 1 3. COMMUNITY CHRISTIAN FELLO~SH~.P HEARING - continued MR. GAFFGA: I am George Gaffga, Pastor of the Mattituck Pres- byterian Church. I am here to speak on behalf of the Community Christian Fellowship for myself and also for the Board of our church. We enjoy full cooperation with that religious commu- nity. We see it as an asset tothe Towns of the east end. MR. CHAIRMAN: Thank you very much, sir. Anybody else on behalf? MR. MERCIER: I am Tom Mercier and I am a member of the Community Christian Fellowship and I live in Mattituck on New Suffolk Avenue. I would like to support the application of the church and feel that this would be an improvement geographically. MR. CHAIRMAN: I almost hate to ask this question, but is there anybody who would like to speak against this application? Hearing no further comments, I make a motion closing this hearing reserving decision until later. Respectfully submitted, Barbara A. Strang, Pp. 1-13 **These minutes were transcribed from tapes recorded in my absence. RECEIVED AND FILED BY sou- om Tow