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HomeMy WebLinkAboutZBA-08/22/1985APPEALS BOARD ~ ,MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS .JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE' ROAD 2S EBOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 785-1809 MINUTES REGULAR MEETING AUGUST 22, 1985 A Regular Meeting of t'he Southold Town Board of Appeals was held on THURSDAY, AUGUST 22, 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 was Barbara Rudder (parttime clerk-typist) and several persons in the audience. The Chairman opened the meeting at 7:30 p.m. and proCeeded with the first public hearing on the agenda, as follows: . .. 7:33 .p?m. Appeal No. 3391 - The public hearing-was opened in the Matter of HOWARD HOEY. Variance for parcel having insufficient area and width located at the South Side of Main Road, Orient. Samuel J. GLickman, Esq., Attorney for the · Applicant, has requesed in writing an "open recess" without a .new date until further notice On motion by Mr. Goehringer, seconded by Mr. Douglass, it wa.~ RESOLVED, to recess the public hearing in the Matter of HOWARD HOEY without date, pending fUrther..notice from the appli- cant. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote o'f all the members. Southold Town Board of Appeals -2- August 22, 1985 Regular Meeting 7:35 p.m. Appeal No. 3384 - The public hearing was held in the Matter of the application of the ESTATE OF LELAND B. FRASER. Variance for permission to convey 6,196 sq. ft. of land to Lot #125 and 9,300 sq. ft. of land to Lot #128, reducing the remaining parcel to an area of 49,716 sq. ft..and lot width of 161.57 feet. Nass'au Point Road, Cutchogue, New York. Charles Fraser was present and spoke in behalf of the application briefly. (Verbatim tran- script of the hearing prepared under separate cover and filed with the Town Clerk's Office for reference.) FAllowing the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in Appeal No. 3384 -ESTATE OF LELAND B. FRASER. Vote of the Board: Ayes~: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:45 p.m. Appeal No. 3358 - The public hearing was held in the Matter of the application of GEORGE AND ALICE GLOGG. Variance for permission to construct addition, which exceeds 50% of fair value of existing nonconforming building. 11255 Sound Avenue, ~ Mattituck. Mrs. Glogg was present and spoke in behalf of the application. (Verbatim transcript of the hearing prepared under separate cover and filed with the Town Clerk's Office for reference.) Following the hearing, the board took the following action: On motion by Mr. Goehringer, s.econded by Mr. Doyen, it was RESOLVED, to close the h6aring and reserve decision in Appeal No. 3358 - GEORGE AND ALICE GLOGG until a~.future m~eting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~ Southold Town Board of Appeals -3- August 22, 1985 Regular Meeting ?:50 p.m. Appeal No. 3385 - JOHN MITSINIKOS AND OTHERS. Variance to construct tennis court in frontyard area and fence in excess of fourrfeet in height. 7120 Nassau Point Road., Cutchogue (a/k/a 150 Bridge Lane). Mrs. Mitsinikos was present and spoke in behalf of the applica- tion. Also speaking in support of the application was Charles Fraser. (Verbatim transcript of statements made are prepared under separate cover original filed with Town Clerk's Office.) Following the hearing, the board took the following action: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED to close the hearing and reserve decision in Appeal No. 3385 - JOHN MITSINIKOS AND OTHERS. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 7:57 p.m. Appeal No. 3386 - NICHOLAS TSIRKAS. Variance to locate proposed dwelling with an insufficient setback from edge of bank along L.I. Sound. North Side of Sound Avenue, Greenport. - Mr. and Mrs. Tsirkas were present and spoke in behalf of his application. (Verbatim transcript of statements made are prepared under separate cover original filed with Town Clerk's Office.) 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 and reserve decision until a later date. wDte of the Board: Ayes: Messrs. Goehringer, Grigonis Doyen, Douglass and Sawicki. This resolutian was adopted by unanimous vote of all the members. Southold Town Board of Appeals -4- August 22, 1985 Regular Meeting 8:05 p.m. Appeal No. 3388 ,'. PAMELA J. SELLARS. Variance to construct attached garage with insufficient east sideyard setback and total sideyards. South Side of Waterview Drive, Mattituck. Richard F. Lark, Esq. as attorney for the applicant and Mrs. Sellars were present and spoke in behalf of the application. No-public opposition was received. (Verbatim transcript of hearings made are prepared under separate cover and filed with the Town Clerk's Office for reference.) · Following the hearing, the board~took the following action: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to conclude the hearing until later pending deliberations - ApPeal No. 3388 - PAMELA J. SELLARS. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. 8:30 p.m. Deliberations 'commenced for each of the following matters pending decisions. -~ Appeal No. 3378 - Mark Squires; Appeal No~ 3348 - Charles P. Simmons; Appeal No. 3380 - George and Doris Sullivan;-I Appeal No. 3384 - Estate of L.B. Fraser; Appeal No. 3388 - Pamela J. Sellars; Appeal No. 3377 - Nicholas Ippolito;. Appeal No. 3363 - John and Marion R. King. (F~ndings'an'd determinations on-following pages.) ENVIRONMENTAL DECLARATIONS:~ On motion .by Member Dougiass~ seconded by Chairman Goehringer~ the foll'owing Environmental Declarations determining nonsignficant effects upon the environ- ment for the reasons noted therein, were adopted pursuant to Article 8 of the N.y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold: Southold ·Town Board of Appeals -5- August 22, 1985 Regular Meeting (Environmental Declarations' continued:)· S.E.Q.R.A. NEGATIVE .ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3384 ? PROJECT NAME: Charles Fraser This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.So Environmental QualitY Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi, cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same 0r similar project, ~ TYPE OF ACTION: [~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: insufficient area variance - LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Nassau Point Rd. Cutchogue,NY ·,·, REASON(S) SUPPORTING TtIIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- ' mented as planned; _ (2) This is a lot line variance not directly'related t° new construction by this appIication. Southold Town Board of Appeals August 22, 1985 Regu]'ar Meeting APPEAL NO.: PROJECT NAME: S.E.Q.R.A. NEGATIVE .ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance 3380 ..? Pamela Sellars ~ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to A~ticle 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi, cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration Should not be considered a determination made for any other department or a~ency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: addition with insufficient sideyard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk more particularly known as: Westview Dr. Mattituck, NY~ ' REASON(S) SUPPORTING TIIIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction as propped is landward of existing structures Southold Town Board of Appeals -7- August 22, 1985 Regular Meetin S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3358 ~ .... PROJECT NAME: George and Alice Glogg This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town Of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~L~ Unlisted [ ] DESCRIPTION OF ACTION: variance is needed to make alterations and continue non-conforming use. LOCATION OF P,ROJECT: Town of Southotd, County of. Suffolk, more particularly known as: 700 Wavecrest Lane Mattitu~k, REASON(S) SUPPORTING THIS DETERMINATION: _ (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- ' mented as planned; (2) The property in question is not lomte~ within '300 feet of tidal wetlands or other critical environmental area. Southold Town Board of Appeals ~8= August 22, 19851RegU.lar Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL N0.:3385 PROJECT NAME: John Mitsinikos This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of'the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. ~ Th~S board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil~r project. TYPE OF ACTION: DESCRIPTION OF ACTION: front yard. [ ] 'Type II ~2~ Unlisted [ ] Permission to erect, a tennis court in LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 72A ~{assau Point Rd. Cutcho.gue REASON(S) SUPPORTING TIIIS DETER~IINATION: ~ (1) An Environmental Assessment in the short form has been submitted which indicates that no signifiCant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The property in question is not ~ocated within 300 feet of tidal wetlands or other critical environmental area. Southold Town Board of Appeals-ll- AuguSt 22, 1985 RegUlari~Meeting PENDING DECISION: Appeal No 2378: Application of MARK.A. sQUIRES, 2405 Vanston Road, Cutchogue, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-30-(A)[1] for permission to construct inground pool on vacant parcel in this A-Residential and Agricultural Zoning District known and identified ~s'Lot 356, Map of Section D, Nassau Point Club Properties, Inc., ~Map No. 806; East Side of Vanston Road, Cutchogue, NY~ County Tax Map District 1000, Section lll, Block 6, Lot 5. Following deliberations, the board took the following action: WHEREAS, a public hearing was held in the Matter of the Application of MARK A. SQUIRES, Appeal No. 3378, and concluded on August 8, 1985; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that there has been no opposition; 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 inground 30' by 60' swimmingpool on a vacant parcel which would be accessory to their residence, abutting the parcel in question on the south. 2. The vacant parcel in question is known ~as Subdivision Lot 356, Nassau P~oint Club Properties, Inc., and is identified on the County Tax Maps as District 1000, Section 111, Block 6,. Lot 5. 3. The residence of the applicant to which this pool is accessory is known as Subdivision Lot 357, Nassau Point Club Propert.~..~s, Inc., and is identified on the County Tax Maps as District 1000, Section 111, Block 6, Lot 6. 4. The location of the pool is proposed to be at least"~150 ' feet from the westerly (f~ont) property line, and at least 60 feet from t'he northerly property line. Also to be erected is a fence enclosure around the pool of a permanent chainlink or similar-type material of not more than two-inch mesh, at a height of four feet, provided with a self-closing, self-latching gate to prevent unauthor- ized use of the pool and to prevent accidents. The pool is to be - incidental to the and accessory to the residential use of the adjoining premises and not operated for gain. In considering this appeal, _the board has found tha~t this p-roject should be ·granted as conditionally noted below since: (1) the relief'requested will· not be detrimental to adjoining properties and will beT used accessory to and incidental to the Southold Town Board of Appeals -12- August 22, 1985 Regular Meeting (APpeal No. 3378 - MARK·A· SQUIRES~ continued:) residential use of the adjoining premises, and not for gain; (2) the relief requested is not substantial in relation to the requirements of zoning, under the circumstances; (3) there will be no substantial change in the character of this district; (4) the relief requested will not cause a substantial effect of any increased population density since the property will continue to be used only as permitted by Article III, Section'lO0-30; (5) the circumstances are unique. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was ' RESOLVED, that the relief requested under Appeal No. 3378 in the Matter of the Application of MARK SQUIRES for permission to locate inground swimmingpool with~fence enclosure on vacant lot as an accessory use to his residence adjoining the subject premises, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS': 1. This pool is approved only in conjunction with its status as an accessory structure to the residence of the applicant abutting this parcel; 2. In the event that at any time in the future this parcel is to be occupied with a principal building or for principal use, all structures, existing and proposed, must be moved to conform with all front, side, rear and other requirements of the zoning code and bulk schedule. 3. There be no overhead or obstrusive ligh'ting that will be adverse to neighboring properties; 4. Fence enclosure not exceed four fee't in height. 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 -1.3- ~ August 22, 1985 Regular Meeting PENDING DECISION: Appeal No. 3348: Application of CHARLES P. SIMMONS, by A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot width of two parcels in this proposed four-lot division of land (total acreage 57.7 acres) located off the North Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on August 22, 1985 in the Matter of the Application or'CHARLES P' 'SIMMONS', Appeal No. 3348; and -- WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that there has been no opposition from the public; and WHEREAS, the board members a're personally familiar width the premises in question and the sur. rounding properties;· and 'WHEREAS, the board made the ~ollowing findings of fact: 1. 'By this application, appellant requests approval of two lots in this proposed four-lot minor subdivision which would have insufficient lot_width at 1~50 feet rather than 175 feet as required by Article III~ Section 100-31, bulk schedule, of the Zoning Code; 2. The remaini'ng two parcels are proposed as follows: Lot'#3 of 2.253 acres and 216.70..lot width; Lot #4 of 49.5 acres and 426.85 ft. frontage along Sou. nd Avenue. 3. Parcels l, 2 and 4 are vacant at this time; Parcel 3 is improved with one si'ngle-family dwellfn'g and two acces..sory struc- tures. -, 4. It is noted for the record that: (a) on May 6., 1985, the Town .Planni'ng Board has recommended this project be modified to -~meet-the minimum 175-1ot .·width requirements; (b) N.Y.S. Department of Environmental Conservation approval #10-.85-0520 has been received on July 8, 1985. In consider'ing this appeal, the board finds and determines that: (a) this proposal is not consistent with and will not promote the general purposes and intent of zoning; (b) the relief requested is .not unique;- (c) in view of the manner in which the claimed difficulty aro§e, there is another method feasible for the applicant to pursue other than a variance; Southold Town Board of Appeals -q4- August 22, 1985 Regular Meeting (Appeal No. 3348- CHARLES P SIMMONS, continued:) (d) the practical difficulties claimed are not sufficient to warrant the granting of this variance as applied; (e) there is additional land available on this 57.5+ acre parcel to meet the requirements of the zoning code. Accordingly, on motion by Mr. Douglass, seconded by Mr.'Doyen, it was RESOLVED, that the relief requested under Appeal No. 3348 in the Matter of the application for CHARLES P. SIMMONS for 150-ft. lot width of two proposed lots,' BE AND HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass and Sawicki. (Chairman Goehringer abstained from vote.) This resolution was adopted by majority vote of four of the five members present. PENDING DECISION: .Appeal No. 3380: Application of'GEORGE~AND DORIS'SULLIVAN, 84 Beach Road, Greenport, NY for a Variance t~.the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the easterly sideyard area at premi, ses l~oca'ted on the South Side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43'3-6. Following ~eliberations, the board took the following action: -WHEREAS~, a public heari'ng was held.and concluded on-'August 8, 1985, in the Matter of.~he. App!icati. on of'GE.ORGE AND DORIS'.SULLIVAN, Appeal No. 3380;. and .............. WHEREAS, the board members have. considered all testimony and documentation entered into the record?in this matter, and it is noted that there bas been no opposition from the public; and WHEREAS, the' board'-"m'embers a're personall'y familiar with the premiseS in question and the surroundi'ng properties; and WHEREA~, the board made the folloWi-ng-findi'ngs of fact: 1. By this. application, 'appellants 'request permission to locate an 10' by 14' access.ory storage structure in the easterly sideyard area with a r. eq.uested setback of three feet from the easterl.y property line and approximately 45 f'eet fr°'m the front property line along Beach Road. 2. The parcel in qUestion is located in the "A'i ReSidential and Agricultural Zoning. District, contains an area of approximately 20,000 _ ~outhold Town Board of Appeals -15- August 22, 1985 Regular Meeting (Appeal No. 3380 - GEORGE AND DORi:S 'S:uLLivAN' continued:) ~ sq. ft. with 100' frontage along Beach Road, Greenport, NY; and is identified on the Suffolk County Tax Maps as District 1000, Section 43, Block 03, Lot 06. 3. The subject premises is pres6ntly improved with one single- family dwelling situate approximately 30 feet off Beach Road and for which a Certificate of Occupancy No. Z5992 was issued by the Building Inspector on July 9, 1974. 4. It is apparent that ~in locating the requested accessory building in the rearyard area, a ~variance would be required under Article XI, Section 100.119.2(B) since there is limited buildable rearyard area. ~ 5. Due to the circumstances of the character of this parcel, the board agrees that an accessory garage structure landward of .the tidal wetlands areas of more than 75 feet, as requested, is most practical. In considering this appeal, the board finds and determines that: (1) the relief requested will not be detrimental to adjoin- ing 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 for appellants to pursue other than a variance. AccordinglY, on moti.on 'by Mr. Goehringer, seconded by Mr. Grigon~s~ ~iit was ~ '- RESOLVED, that an accessory structure incidential to the residential use of this property_ and not operated for ~gain as requested._unde'r Appeal No. 3380 in the Matter of the Application of'GEORGE AND'DORIS SULLIVAN,' BE'AND HEREBY'IS APPROVED SUBJECT ' TO ~THE FOLLOWING~CONDITiONS: - 1. The accessory building be no closer than 45 feet to BeaCh Road (_as requested); 2. The accessory building be no closer than five feet to the easterly side pro~.erty .line; 3. 'The accessory building not be used for sleeping or h6bitable purposes prohibited by Ar%icle III of the zoning code; 4. There be no lighting which may be adverse to adjoi~ning or surrounding properties. 'Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawidki. This.resolution was adopted by unanimous vote of all the members. Southoid Town Board of Appeals -~16- August 22, 1985 Regular Meetin~g PENDING DECISION: Appea.l No. 3384: ~Application of the~ESTATE OF~LELAND B~ FRASER ~ Vari·ance to the Zoning Or·dinance, Article III, se~ction'~lO0-31~ Bulk· Schedule, 'for per- mission to convey 6,196~ sq'.' fto-of"ian.d'~-Subdiy~i~'ion [ot"~125 and 9,300± sq. ft. of land to Subdivis_!on Lot #128, which will reduce the remaining parcel (consisting ·partly of Lots #i26 and #12~) to an area of 49,176± sq. ft. and lot width of 16i..757± feet. Location of Properties: West Side of Nassau Point Road~ ·CutchQgue,_ NY; Nassau Point _Subdivision· Map #156, Lots 126, 127, 125, 1~28; County Tax Map District 1000, Section 118, Block 03, Lot 3 (and LOts 2~and 4). Following deliberatio'ns, the board .took the followi·ng_~action: 'WHEREAS, a public hearing was held and concl'ud~d on ~ugust 22, 1985, in the Matter of the Application of the ~ESTATE·OF LELAND B··FRASER, ..Appeal No. 3384; and . ..... WHEREAS, the board members have considered all testimony and docu- mentation entered into'the record in this matter,._.and it is.noted that there has been no public opposition; and WHEREAS~ the '·boa-rd mem'bers are personally familiar with the premises in question and the surrounding properties;and WHEREAS, the board made ~'he following findings of fact: 1. By this application, appell"ant requests permission 'to r-educe a parcel of land to consist pa~t]Y .~f Lots #126 and #t27 to an area of 49,176~]i'~q. ft.' ~and lot width of 161.57± sq. ft. ~.romulgated by the cgnveyance of two sections, 'the '~i. rs].~ ~-Of 6,196 sq. ft. which w.ill be merged with Subdivision Lot #125, and the second of 9,300± sq. ft. which will be merged with SubdiVision Lot #i28, Nassau Point_ Sulbdivision Map No..156 at Cutchogue ' 2. The parcel as exists contains Lots #126 and #127, for a total lot area of 65,112 sq. ft. and 210.·07·feet of frontage aion.~ Nassau Point Road. ~ .. 3. It is noted for the record that:-- (a) by letter dated August 14, 1985 from the Southold Town Planning Board~ action was taken by them approving the lot line change subject to an area variance from this board; (b). the p·roperty in question has remained unchanged since the enactment of one-acre zoning in 1971. Southold Town Board of Appeals -17- August 22, 1985 Regular Meeting (Appeal No. 3384 - ESTATE OF LELAND B. FRASER, continued:) In considering this appeal, the board finds and determines that: (a) this proposal is consistent with and will promote the general purposes and intent of zoning; (b) the relief requested is unique; (c)'~in view of the manner in which the difficulty arose, there is no other method feasible under the circumstances for appellant to pursue other than a variance; (d) the granting of this variance will not change the character of the district; (e) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief as requested under Appeal No. 3384 in the Matter of the Application for the ESTATE OF LELAND B. FRASER for approval of the remaining area of the parcel in question of 49,716 sq. ft. and lot width of 161.57 sq. ft., in conveying 6,196 sq. ft. to the southerly parcel known as Lot #125 for a total of 51~716 sq. ft., and conveying 9,300 sq. ft. to the northerly parcel known as Lot #128 for a total area of 36,205~sq. ft., BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Portions of lot conveyed as requested are not to be recognized as single or separate building lots, and each strip conveyance will be merged to the respective abutting propertY~ 2. The remaining lot of 49,716 sq. ft. shall be recognized as only one single building lot for one dwelling as permitted by Article III of the Zoning Code. ' Vote of the Board: Douglass and Sawicki. of all the members. Ayes: Messrs. Goehringer, Grigonis, Doyen, This resolution.~as adopted by unanimous vote Southold Town Board of Appeals'~18, August 22, 1985 Regular Meeting PENDING DECISION: Appeal No. 3388: Application of'PAME~A'J. 'SELLARS - Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct attached garage addition with an insufficient easterly sideyard setback and insufficient total sideyards. Location of Property: South Side of WeStView Drive, Mattituck, NY; County Tax Map District 1000, Section 139, Block 01, Lot 23. Following deliberations, the board made the following findings and determination: WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of PAMELA J. SELLARS, Appeal No. 3388; and WHEREAS, the board members have considered all testimony and docu- mentation entered into the record in this matter, and it is noted that there has been no public opposition; 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 proposes to construct a 18' by lC garage addition at the northeast section of the existing single-family dwelling which would reduce the easterly sideyard to nine feet ahd reduce the total sideyards to 21± feet. 2. The parcel in question contains an area of approximately 22,000 sq. ft. with 64.63 frontage along Westview Drive, and is improved with a single-family, one-story frame house set back from the easterly side at 12 feet and from the westerly side 12 feet as shown on survey furnished at the hearing dated'~o~vember 17, 1976. 3. The bulk schedule of the zoning code allows a principal dwelling structure in the "A" Residential and Agricultural Zone to be constructed at not less than 10 feet for one sideyard, and not less than 25 feet total sideyards. 4. The relief requested by the applicant is one foot, or i0% of a variance for one sideyard, and four feet, Or 16% of a variance for the total sideyards. In considering this appeal, the board has found that this proposal is not unreasonable under.the circumstances and is granted as condi- tionally noted below since: (1) the relief requested is_not substantial in relation to the requirements of the zoning code; (2) there will be no substantial change in the character of this district; (3) Southold Town Board of Appeals -l·9-~'~August 22, 1985 Regular Meeting (Appeal No. 3388- PAMELA J. SELLARS, continued:) the~r~elief requested will not cause· a substantial effect of any increased population density since the property will continue to be used for single-family purposes; (4) the relief requested is not detrimental to adjoining properties; (5) the circumstances are unique in light of the established narrowness of the lot in question; (6) in view of the manner in which the difficulties arose, there is no other method feasible for the applicant to pursue other than a variance; (7) the relief requested i's the minimal necessary. Accordingly, on motion, by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3388 in the Matter of the Application of PAMELA J. SELLARS for permission to construct 18' by 19' addition with reduction of the easterly sideyard at nine feet and total sideyards at 21 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The easterly line never be reduced to less than nine feet; -2. The easterly yard area remain open and unobstructed at all times the full width of nine feet to gain access as necessary. 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. 3377: Application of NICHOLAS IPPOLITO, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule for approval of the insufficient lot area of two parcels, each with an existing single- family dwelling, located along Carole Road (private) off the South Side of C.R. 48, Southold, NY; County Tax Map No. 1000-52-2-7 and Following deliberations, the board made the following findings and determination: WH·EREAS, a public hearing was held and concluded on August 8, 1985, in the Matter of the Application of NICHOLAS IPPOLITO, Appeal No. 3377; and _ WHEREAS, the board members have considered all testimony and docu- .mentation entered into the record in this matter~and WHEREAS, the board members are personally familiar with the premises in question and the surrounding Properties; and': Southold Town Board of Appeals 20- August 22, 1985 Regular Meetizlg (Appeal NO. 3377 - NICHOLAS IPPOLITO, continued:) WHEREAS, the board made the following findings of fact: I. By this application, appellant requests approval of insuffi- cient area of proposed Parcel "1" of 5,500 sq. ft. (inclusive of Carole Road right of way) and Parcel "2" of 17,000 sq. ft. 2. The premises in question is located along Carole Road, a private right-of-way, located off the south side of the Main Road, Southold and is identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 52, Block 2, Lots 7 and 1.1 (or 3. Proposed Parcel "1' is improved with a single-family dwelling shown to be set back from the front yard line along Carole Road approximately 25 feet (and 45 feet from the most westerly property line);.. Proposed Parcel "2' is improved with a two unit motel structure, which has not been discontinued as stipulated by Z.B.A. Decision Rendered August 4, 1977 under Appeal No. 2317, or upzoned to single-family use. 4. As noted, supra, a conditional variance was granted under 'Appeal No. 2317 on August 4, 1977, in which applicant set off the parcel in question from the property to the north, now or formerly of H. Haas, and the subject structure was to be used only for single-family residential use starting January 1, 1978, and the building was to confor~ to the Southold Town Codes with respect to minimum floor area. 5. It is also noted that on October 21, 1982., a rearyard variance was granted under Appeal No. 3044 concerning Parcel "1" herein for permission to construct an addition to the existing single-family dwelling with a limitation of 20% lot coverage. In considering this appeal, the board agrees that in light of the circumstances of this property and its existing structures, the area variances should be granted and because: (1) the relief will not be detrimental to adjoining properties; {2} the relief requested will not cause an effect of any increased population density since the properties are limited to single-family dwell- ing use; (3) there will be no substantial change in the character of this district; (4) the circumstances are unique; (5) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance. Accordingly, on motion by MI'. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal NO. 3377 in the Matter of the Application of NICHOLAS IPPOLITO for approval of the insufficient area of 5,500 sq. ft. for proposed Parcel and of 17,000 sq. ft. for proposed Parcel "2," BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The present use of the structure existing on proposed Parcel "2" as motel unit(s) shall cease and desist, and shall be Southold Town Board of Appeals -21 August 22, 1985 Regular Meeting. (Appeal No. 3377 NICHOLAS IPPOLITO, continued:) reverted back to single-family dwelling use within ten days; 2. Each lot in question shall remain single family dwelling use as permitted by Article III in this "A" Residential Zoning District; 3. The Building Inspector shall be permitted to make an inspec tion before any building permit or other permits or certificates are issued to assure compliance herewith. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyens iDouglass and Sawicki. This resolution was adopted by unanimous vote of all the ~nembers. Appeal No. 3381 - OTTO ZAPF. The Secretary was authorized and directed to send a reminder to Eric Bressler, Esq., attorney for Mr. Zapf at the August 8th hearing, that we are awaiting the requested setbacks, particularly from the southerly property line. Pending Decision: Appeal No. 3363: Application of JOH~ AND MARION R. KING, c/o Paul A. Caminit~, Esq., Box 992, Southold, NY for a Variance to Article III, IO0-30(A) (C) fer the enclosure of existing porch for use as a real-estate office in conjunction with existing family residence. 51155 Main Road, Southold. Deliberations began. It was noted that in New London, CT, these types cf uses accessory to the principal dwelling uses helped create better aesthetical properties. All of the board members felt that such a use should be permitted along this strip from Tuckers Lane to Ackerly Pond Lane, and perhaps re-zoned to "RO" (Residential- Office). Several of the board members felt for the reasons noted, that if the variance were granted, it would not be upheld in the courts and certainly would set a precedent for al]. other properties in the town since others could claim the same practical difficulties. Members Grigonis and Sawicki felt that the variance should be granted[ since it is a similar use as that granted to the Slotkin property and would not change the character of the immediate area, which has properties zoned residential and some used as businesses. A motion was made by Mr. Sawicki, seconded by Mr. Grigonis, to approve Appeal No. 3363 - MARION R. AND JOHN M. KING as applied and voted as follows: Member Douglass: NO. Member Goehringer: No. Member Doyen: Member Sawicki: Member Grigonis: Aye. Aye. This resolution was not adopted. Southold Town Board of Appeals -22-~ August 22,.1985 Regular Meeting . The Board then~took ~he following action: ~ WHEREAS, a public hearing was held and concluded on June 27,= 1985 in the Matter of the Application of MARION R. AND JOHN M. KING; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, including but not limited to photographs of those businesses existing along the Main (State) Road; and WHEREAS, the board members are personally familiar with the Premises in question and the surrounding uses and use districts; and WHEREAS, the board made the following findings of fact: 1. This is an appeal for a use variance to permit residen- tially-zoned property to be used as a real-estate office in con- junction with the present two single-family dwelling uses on the premises. 2. The premises in question is located on the west side of Main Road (State Route 2~), and comprises approximately 33,410 sq. ft. in area. The property is improved with: (a) .a single- family two-story frame house with attached porch. (b) a single- _family one-story .frame house with attached porch at the most westerly end of the premises; (c) 22' by 49' storage barn structure; and (d) swimmingpool [as noted on survey mapped March tl, 1985 by Roderick VanTuyl, P.C.]. This parcel is 6esignated on the Suffolk County~ Tax Maps as District 1000, Section 070, Block 01, Lot '03. All neighboring properties are in the "A" Residential and Agnicultural Use District. The dwelling in"question is occupied by the appellants, who plan to use the porch area (appnox. 247 sq. ft.) for the operation of a real-estate office. Although the zoning code permits ~- certain specified professional offices to be located in a private-.dwelling, a real estate office is not one Jof these specified uses. Accordingly, such a use may only be allowed by the .grant of a use variance. .~ . It is well established that b~fore a use variance may be granted by this board, unnecessary hardship must be demonstrated by proof that: '(1) the land cannot yield a reasonable return if used only for the purpose allowed'by the code in that zone; -~. (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood; and (3) that the use applied for'Will not_.alter the essential character of the neighborhood. '~ At the hearing, the only proof submitted was the statements bearing on the suitability of the building and land for the '-intended use(s) and the character of the business uses existing more than 500 feet from petitioners' property along the west and east sides of the Main Road. Several of these business uses to the best of the board's knowledge were preexisting of the zoning ordinance, and a funeral home and church are permitted in the · "A" zoning district by Special ExCeption. No evidence was presented-to be sufficient on the issue of unnecessary hardship. In the absence of such proof, this board may not grant a variance. -- It is the opinion of th~9~ board th~t the appellants' plight Southold Town Board of Appeals -23- August 22, 1985 Regular Meeting (Appeal No. 3363 - JOHN AND MARION KING, continued:) should be addressed to the Town Board with a view possibly of rezoning the area along parts of Route 25 for these business purposes. Acco.rdingly, on motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the relief requested in the Matter of the Application of~MARION R''AND~JOHN M. 'KING for permission to establish real-estate office in conjunction with present residential uses, BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Doyen. Nays: Messrs. Grigonis and Sawicki. This resolution was adopted with a majority vote of the members present. RECOMMENDATIONS.- REZONING - The Secretary was authorized and directed to'send correspondence to the Supervisor and the Town Board'ad¥ising them. of the unanimous agreement of this board: "...that the strip along the west side of the Main .Road~ in Southold between Tuckers Lane and Ackerly Pond Lane, be.r_e-zoned Residential-Office (RO) to allow professional or real estate or investme, nt broker'offices either as principal use or an accessory use, in conjunction with _an existing residential use,. for the following reasons: 1. There are businesses (used in conjunction with or without residential uses) existing in this vicinity that have been existing since prior to the enactment of zoning.~ in 1957 (and another having received a use variance after meeting criteri2 set by the courts). 2. The existing structures which are substantial in size are more than likely suitable to accommodate an office use in conjunction with the existing single-family residential use. 3. Allowing a professional or real estate or investment- type office as an accessory use in conjunction with the present residential use of these structures would encourage aesthetical surroundings. Southold Town Board of Appeals -24- August 22, 1985 Regular Meeting (Recommendations for Rezoning, continued:) 4. The present zoning district already permits those uses listed in the "RO" diStrict, excepting professional offices as a principal use and business offices, and restaurants. It was also noted that Home Occupations as an accessory use in all the proposed districts, except LIO and LI, includes professional offices, and amends the definition of professional office to include real estate brokers and similar occupations. Precedents have been set by the Courts and prior Decisions of this board that a real estate broker is not deemed a "professional," whether it is an accessory use or otherwise. The board members unanimously agreed to recommend to the Town Board that a real estate broker, stock broker, investment broker, office be limited to be established in areas zoned "RO," as a principal use or an accessory use in conjunction with the resi- dential use; and to re-zone to "RO" in Southold, particularly the area between Ackerly Pond Lane and'Tuckers Lane along the west side of the Main Road, rather than allowing such as an accessory use within the entire Town of Southold. Accordingly, motion was made by Member Douglass, seconded by Member Doyen, and unanimously carried. APPROVAL OF MINUTES: by Mr. DQ._uglass, it was On motion by Mr. Sawicki, seconde~ RESOLVED, to approve the minutes of %he following meetings as submitted: August 8, 1985 Regular Meeting; July 18, 1985 Regular Meeting; and July 25, 1985 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members~ ~' PENDING~COMPLIANCE OF CONDITIONS: Appeal No. 2760 - RICHARD ANDERSON. At the previous meeting, the board requested an inspection be made by Member Douglass of the subjec% right- -of-way located off the West Side of Wunneweta .Road, Cutchogue, since we were requested to accept the improvements as recently made. Member Douglass indicated that he would not recommend acceptance of the improvements for the following reasons: Southold Town Board of Appeals -25- August 22, 1985 Regular Meeting (Appea~'l No. 2760 - Ri'CHARD ANDERSON, coni~inued:) The right-of-way has not been improved the full 15 feet in width; bluestone was only skimmed across the right-of-way and spots of sand were left; gravel needed to be filled in around Birch Tree. ~ The board authorized the secretary to send Mr. Davis a letter adVising.him that the applicant should contact him as to his recommendations when the..additional improvements are made and that the right-of-way as exists is not sufficient to meet the requirements of Appeal No. 2760. PENDING COMPLIANCE WITH CONDITIONS: Appeal No. 3294 - PETER.'J' AND MARGARET S. TROYANO. 'On August 9, 1985, the Building Inspector submitted his report as requested concerning recent improvements made within the right-of-way of this matter, and he indicated that he is "satisfied that it was all done properly as the ZBA requested.~''' He also indicated that periodic' i~spec~tions.~.belmade~to see that the right-of-way. does not deteriorate. In passing this action, it was noted that the right-of-way mUst be kept up to the minimum standards of the Board at all times in good condition. '' On motion by Mr. Sawicki, seconded by Messrs. Douglass and-' Grigonis, it was RESOLVED, to accept the improvements as exist Within the~ subject right-of-way in accordance with the Report dated August 7, 1985 of Victor Lessard~ Building Department Adminis- trator, under Appeal No:..3294 in the Matter of 'PETER J. AND 'MARGARET S TROYANO, subject' to continuous maintenance at all times in good condition. Vote of the Board: Ayes: Mess'rs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by ~unanimous vote of all the members. Southold Town Board of ApPeals -26~ August 22, 1985 Regular Meeting ANNUAL SIGN RENEWALS: by Mr. Goehringer, it was On motion by Mr. Grigonis, seconded RESOLVED, to grant the following annual sign-special.exception renewals, subject to the Federal Highway Beautification Act and Funding Laws for Highways, an'd for a period of one year from the date hereof: NichOlas Aliano, Beachcomber Motel - Appeal No. 1405 Nicholas Aliano, Beachcomber Motel - Appeal No. 2384 Beachwood Cafe -Appeal No. 1550 Cutchogue Post Office - Appeal No. 1152 Pond Enterprises, Inc. - Appeal No. 2059 Mattituck Lanes - Appeal No. 1002 Doug Morris Greenport Shores Civil Association - No. 1124 John Nolan, Cutchogue Chamber of Commerce - Appeal No. 1134 Geoff Proud, North Fork Lions Club - Appeal No. 1150 Craig Richter, ".and Rotary Club - Appeal No. 1150 Walter Teresko ~ Appeal No. 1088 Donald and Lorna Tu'thill - Appeal No. 1173 (Yennecott Park) -Vote~ of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. ~POSSIBLE SIGN VIOLATION: The~..'new sign recently located at the Stewart Dewar property along the north side of C.R. 48 in Southold advertising "Rick's Seafood" has not received special exception approval from this board, and the Secretary was authorized and directed to notify'the Building Inspector and request his action on this violation accordingly. PUBLIC HEARINGS FOR SEPTEMBER 12, 1985: On motion by ..Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the following matters be~and hereby are scheduled for public hearings to be held THURSDAY, SEPTEMBER 12, 1985 before this board at the Southold Town Hall, Main Road, Southold, NY; and it~was further ~ . RESOLVED, that the Secretary is hereby authorized and directed to advertise notice of same pursuant to law in the local and official newspapers of the town, to wit: Suffolk Southold Town Board of Appeals -27- August 22, 1985 Regular Meeting Times and L.I. Traveler, thelRegular Meeting to commence at 7:30 p.m. and public hearings, as follow: 7:35 p.m. ALICE HussiE (Current owner of record: Agop Apikoglu and another). Special Exception. to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to establish tennis and recreational facilities in this "B-l" General Business Zoning District located at the~West Side of Horton'Lane, Southold, NY, containing 4+ acres; SUffolk County Tax Map District 1000, Section 59, Block 3, Lot 32.1. (provided Planning Board comments or approval is received by the advertising deadline); 7:40 p.m. RICHARD AND DIANE ALLEN. Var-iance to Article III, Section 100'31, Bulk Schedule, for permission to construct new one-family dwelling with an insufficient rearyard setback. Location of Property: Private right-of-way located off the South' Side of In'dian Neck Road, Peconic, NY; County Tax Map District 1000, Section 98, Block 5, Lot 17.2; Lot. #3 of Minor Subdivision No. 141 of 11-27-78. 7:45 p.m. STEPHEN EGGERS - Variance to Article XI, Section 100-119.2(B) for permission to construct bath-storage structure with an insufficient setback from the landward edge of tidal wetland (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Map No. 156, Lot 48; County Tax Map Dis- trict 1000, Section 111, Block 15, Lot 7. 7:50 p.m. RUTH ENTERPRISES - C & D REALTY. Variances to the Zoning Ordinance, Article VII, Section lO0-70(A) for: (1) permission to construct shopping center in this "B-I" General Business Zoning District containing less than one acre in area and less than 1SO feet in lot width [Art. VI, Section 100-62B]; .(2).permission to construct~-_building with insufficient sideyards; ('3) approval of less than 26 parking spaces as 'per Notice of Disapproval dated June 10, 1985. Location of Property: South Side of North Road (C.R. 48), Peconic, NY; County Tax Map District 1000, Section 69, Block 4, Lot 3. (provided Planning Board comments received by 9/3/85) 8:00 p.m. BARBARA D. SCHRIEVER. Variance to the Zoning Ordi- nance, Article VI, Section 100-60 _for permission to establish · woodworking and metal shops, art studio, and.apartment in existi'ng building located in this "B-Light" Business Zoning District, at the West side of Tabor Roa'd, Orient, NY; County Tax Map District 1000, Section 18, Block 05, Lot 12. Vote of the Board: Ayes: Messrs. Goehringer, Gri_gonis, .DOyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. The Chairman reviewed his proposed budget for 1986, and the board unanimously agreed to submit same as prepared(see next page): "~ou~hold Town Board of Appe a 1 sESTI~,A?~80-~ EXPENDITURES .Par Zoninq Board of Appeals (Administrative Unit) ' . Expended ~ " Last Year ,1 PERSONAL SERVICES* (List all 'ampiayees giving Title, No. of Persons E. Pa)' Rata) 1'986 ZBA Members 5 x $5,000 ('1985 ZBA Members 5 x 4,320 $ 18,750 Fulltime_ S_.ecretary (Year 9=1986) 14,430.24 Assistant to Chairman/Clerk of the Board Part-time offi,ce~ assistance & stenoq. 3~760 Chairman : 2,000 TOTAL - PERSONAL SERVICES $ 37,895.00 · 2 EQUIP~ENT (Shaw I~ivt~ual Hems) (wall organizer) File Cabinet, desk, typewriter $_ 250 00 _Amendme_nt t_ransfer 9/85 August 22, 1985 Regular Meetin~c u.itCoao ' B8010 Budget For Request For Thi~ Year Ho:t Y~or w85 ~ 86_ '- 25,000 '~';'°" $21,600 $ ."- 15,584.66 16,909.36 (8½,~' (~) 1,000.00 7,500.00 2,000.00 3,000.00 42,925.00+ samendme.nt $. 53,409.36 $ 300.00+ _$ .875.00 amend. $2t0.00 TOTAL - EQUIPMENT $ 250.00 _$ 510.00 $ .4 CONTRACTUAL EXPENSES (List by major items or Typ.s) IBM Elec. typewr, lease & maintenance $ · .Lanier transcriber maintenance agmts Typ~wrif~r.ribbon~ ~ tape FI. on-site-inspections/airfare and 5thmr px_ppn~.~; mad inqp~cfinnq hy J. Davis; Stationary; printed forms Advertisinq costs Association of Towns 'Law manual subscriptions TOTAL - OTHER EXPENSES TOTAL FOR ADMINISTRATiVe'UNIT 875.00 1,600.00 $ 1,1t5.00 1 ,115.00 175 ~00 5 ,200.00 3,100.00 1,60U.UU- 225.00 10,075.00 $ 7,500.00 $ 11',615.O0 46)225.00 .$ 5b,725'.00 $ 65,899.24 Where employee is compensated from more than one administrative unll, shaw fetal iaJar~'~'and apporti*nment. FORM EE WILLIAM$0N LAW BOOK CO.~ ROCHE:ST[R, N. Y, 14609 Southold Town Board of ApPeals -29- August 22, 1985 Regular Meeting In discussing personnel services and the proposals for 1986, the board unanimously agreed to urge and request the Town BOard to place $1,000 minimum as an additional stipend or payment of the duties of the Clerk of the Board,..'Linda~Kowalski, over and above the CSEA salary and title as Stenographer-$ecretary.~.~The Town recently won an Article 78 Proceeding in the Matter of . Heinisch v. Z.B.A., thanks not only to Francis J. Yakaboski, Esq. as attorney for the Town but also to Linda for her willing- ness and efforts in assi. s.ting]and accompanying Mr. Yakaboski in Court and as a very efficient Clerk of this board. The Clerk of the Zoning Board of Appeals is the only other person authorized by the Courts to accept service of process in behalf of the Board of Appeals (with the exception of each Zoning B~ard member)~ and accurate records must be kept by her in each individual case for litigation purposes. PENDING APPLICATION. In revieiwng the Matter of WILLIAM NE'DOSZYTKO, Appeal No. 3395, the board decided to hold this matter for the latter September public hearings to allow ~ sufficient time for the Planning Board to respond concerning this-proposed set-off division of'land located at the West Side of Aldrich Lane, Mattituck. Planning Board comments were expected by Mid-September. REFERRALS TO COUNTY PLANNING COMMISSION: The Secretary was authorized to refer copies~of, each of the following files and Z.B.A. determinations to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter: 'Appeal No. 3384 - Estate of Leland B. Fraser; Ap Ap Ap Ap Ap Ap ~eal No. 3388- Pamela J. Sellars; ~eal No. 3378- Mark A. Squires; ~eal No. 3380 - George and Doris Sullivan; ~eal No. 3377--Nicholas Ippolito;- .~ ~eal No. 3348- Charles P. Simmons; )eal No..3363 - Marion R. and 'John King. There being no other business properly coming before the board at this time, the Chairman declared the meeting-adjourned. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Southold ~own 8oard of ^ppeals Approved '~' September 12, 1985. Gerard P. Goehringer~,- Chairman ZONING BOARD OF APPEALS Thursday August 22_, 1985 TRANSCRIPTION'OF HEARING #3391 - Public Hearing in the matter of HOWARD~HOEY for a variance to Zoning Ordinance, Article III, Section 100-31 Bulk Schedule, for approval of a parcel having insufficient area and lot width in this proposed seteoYf- division of land located at the south side of Main Road, Orient, NY County Tax Map Parcel No~ 1000-29-01-14(14 1) The chairman opened the hearing at 7:30 p~m~and read the legal notice an appeal application in its entirety.. MR. CHAIRMA'N: I have a copy of a map prepared by Roderick Van T~I ,PC amended'March 20th recording as eState~ was Augu~ 7, ]985 indi. ca~on the ~2rcel ~o be set-off' of approximately 61~000 Square feet of 1.4 acres which includes a ~hou~:'e~ ~..House in.question me~tioned~ I have' a copy of the Suffolk County Tax Map indicating this and surrounding prope..rties in'the area~ W.ould somebody like to speak against the application? A:nybody like to speak in behalf of this applica'tion? O~K. I. have a letter from Mr~ Glickman indicating that he would like to hold this particular hearing into open recess until he deal~ ~ith the - planning board. Although I have not discussed it with the Board I will make a motion holding it in open recess .ROBERT DOUGLAS: Seconded #3383 Public Hearing in the matter of the ESTATE OF LELAND FRASER for a variance to convey 6~196+ sq 'f.eet of. land'to..LOt #I2.5'and 9,300~ sq. ft~ of land .to'Lot'S128, Which will reduce the remaining parcel (consisting partly of Lots #126 ~ 127) to an area of 49,716 sq. ft. in area and lot width of 161.57: feet~ Nassau Point Rd~ Cutchogue, NY County Tax Parcel No. 1000.-118-3~3 ('2&4) The chairman opened the meeting at.7:33 p.m. and read the legal notice and appeal application in its entirety .... CHAIRMAN: I have a map dated July 3, 1985 indicating both reductions one of which is irregular nature and I will ]discuss in reference to to square footage and I have a copy of Suffolk County. Tax Map indicating this and surroundi'ng properties in the a?ea.. Would somebody like to be heard in behalf of this application? CHAIRMAN: Is there anything you would like .to say Mr. Fraser? MR. FRASER: The property is right opposite my driveway I don't want to see.two houses go up.there~ . It would be to packed. Both my neighbors agree with me CHAIRMAN: In situations like this we don't normally have a tremendous amount of objections; I'm talking about Board wise~ I'.ll see what developes if. a'nybody is here to.object to it' I just want you to know that we do work app_.roximately one hearing behind in other words will be approvin9 last meetiings applicat.!ons tonight so we will p~obably ge% to ym.u.rs around September i2th.or so. Just so your aware of the situation~ "Reason being Sometimes we have historical'data that's Southold Town Board of Appeals (Public Hearings Continued) -2- August 22, 1985 Meeting #3383 ESTATE OF LELAND FRASER - (continued) required and so on and so forth. That's why we work on that basis. We may not be approving it tonight or tenatively approving it or whatever the case might be. I have not discussed it with the Board Members also, We've all gone out individually and looked at the property and we haven't discussed anything before the hearing. MRS FRASER: I was told that the guy that bought it or is attempting to buy it doesn't want to build on it for twenty years. CHAIRFgIN: O.K. MR, F~ISER: Which I'm very much in favor of he can leave it exactly as it is. MR CHAIRMAN: O.K. Thank you for your input. Is there anybody else who would like'to be heard[ in behalf of this application? Anybody like to speak against the application? Questions from the Board members? BOARD MEMBERS: No. CHAIRMAN: Hearing no further questions I make a motion closing the hearing reserving the decision until later. CHARLES GRIGONIS: Seconded[ #3358 Public Hearing in the matter of GEORGE AND ALICE GLOGG for a variance to construct additon, which exceeds 50% fair market value of existing nonconforming building 11255 Sound Ave, Mattituck, NY County Tax Parcel No. 141-03-6-3 Tile chairman opened the meeting at 7:40 and read the legal notice and appeal application in its entirety. CHAIR~: I have a sketch of survey indicating the property in question of approximately 71.50 feet by an irregular 229.70 thereby erected on it looks like 21.1 by_ 39.2 existing building and I have a copy of Suffolk County Tax map indicating this and surrounding pro perties in the area. Mr Glogg would you like to be heard? FIR GLGGG: I hope you pass: it and I can use the building for storage. CHAI-RMAN: What are you presently using the building for? For the record. MR. GLOGG: The one that's existing? CHAIR~: Yes MR GLOGG: For storage that's all I use it for. Mr. DOYEN: Storage of what? CHAIR~: Mr, Doyen wants to know storage of what? Southold Town Board of Appeals Public Hearing Continued -3- August 22, 1985 Meeting #3358 GEOROE ~/~D ALICE GLOGG - (Continued) MR GLOGG: Roofing materials. Right now I cannot get my trucks in the existing building I would like to get them in so they're out of the way and don't become an eyesore to anybody also, no one can come around and bother with the equipment and things on the truck. CHAIRMAN: You don't sell anything on this site. MR. GLOGG: We conduct our business from this site CHAIRMAN: There are no signs there indicating that this is a business piece cf property or any thing of that nature. MR GLOGG: No sir. CHAIRMD~: Thank you. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? Any further questions from Board members? BOARD MEMBERS: None CHAIRMAN: We are all of course aware that the building has been there for many years we will talk about it and get back to you. I thank you for coming in. Hearing no further questions I'll make a motion closing the hearing and reserving the decision for later. ROBERT DOUGLAS: Seconded ~3385 Public hearing in the matter of MITSINIKOS AND OTHERS Variance to construct tennis court in area and fence in excess of four-feet in height, 7120 Nassau Point Rd Cutchogue,NY a/k/a ]50 Bridge Lane County Tax Parcel No 1000-.111-15-4.1 The chairman opened the meeting at 7:50 p.m. and read the legal notice and appeal application in its entirety CHAIRMAN: I have a copy of Suffolk County tax map indicating this and surrounding properties, in the area. Would somebody like to be heard in behalf of this application. MR. F~ISER: I'm a neighbor from right next store and I'll support where they're putting it. MRS. MITSINIKOS: Someone was over yesterday to check the area Southold Town Board of Appeals -4- August 22, 1985 Meeting (Public Hearings Continued) #3'385 MITSINIKOS AND OTHERS (Continued) CHAIRMAN: Right you are Mrs~ Mitsinikos, We have basic thing that we would like you to be aware of; we usually place restrictions like this like there be no overhead'obstrutive.l..ighting. Do you have .... any objections to this? MRs, MITSINKOS' We are planning no lighting, CHAIRMAN: No lighting at' all, Remember the reason we place that on is not speciffically for you as an applicant but if you_.were to sell the property, and someone was to come in and put 401'. l'ights above you are relativ.ely ~close to you neighbor on _.the ~or'th s~de so that's the reason_why we pu.$~ those ]~estriGtions on these _.tennis courts, MRS, MITSINKOS: We don't expect to use it at night, CHAIRMAN: Ar'e you planning on any showers or anything else that you may be placing there, MRS, MiTSINKOs: No just a tennis court~ C.HAIRMAN: How high a fence are you planning on Mrs. Mitsinkos? MR'S~ MITSINKOS: WhateVer you will allow us, If you won't allow us a fence-we'w.ill play with out a ~ence, cM]AIRMAN: WhOat is th6 s%andard"height you had anticipating? MRS: MITSINKOS: Well wh'~n I came down ~to, your office to submit the ap,plication someone in your office suggested that I put a height down.and they suggested 12~ so I .put that height down I didn't know I have no ideal'and that's~what~ I put because that has to be approved at the same time.as the court~ If you approve an eight foot fence that's o,k~ I just read in here that we're four feet over what is CHAIRMAN: Four feet is basic.ally what is permitted in the front yard, So if'you were talking about !~' i~'you were talking eight feet over, O~K~? MRS, MITSINKOS' put nothing up'. CHAIRMAN: -'Yes'' Well four feet is not going to be must help; I rather MRS, MITSlNKO: What ever you approve, CHAIRMAN: That's the reason why I'm asking the question, basically your looking for a 12' fence. 'Southold Town Board of Appeals -5- August 22, 1985 Meeting Public hearings Continued #3385 MITSIN!KOS AND OTHERS - IContinued) MRS. MITSINiKOS: Approximately yes. CHAIRMAN: There's another question I had..Are you intending to raise this above 'the normal grade down there? 'No? It_ would be built right in? MRS. MITSINIKOS: Yes, because there is a brick wall that would be a barrier, rather than,a fence~ that is already there. CHAIRMAN: O.K~ We thank you very much for answering all these questions as you are sitti'ng here we're not going, to entertain this tonight, but we thank' you 'again~ Mrs. Fraser what d.id you have to add? M~, ~A~S~ 1~' was only going to say as a ne×t door neighbor the property is ten feet_~az)e t~e.lve ~eet below Nassau· Poi_hr Road and Bri_dge Lane_.~o if t..hey put a ~e. nce in of twelve feet in height it~will har.dly reach the level of the road so its practically invisible. !.n my opinioQ, they could not have put it in a better spot than they are putti.~g it. bec~se you will not be able to see it. You have a point a.bout the lights' tho?gh, 'th..ey would be disturbing. CHAIRMA'N: That was the purpose of the question as'king the applicant if they were going to raise the ].e~e] of the' ground.because we'.re aware of the fact that it is.bas~.cal, ly a depression where they are going to construct~ MRS. MITSINIKOS: I would ne~e'r do something like that it's just not the area where you wou]~.d'do something like.that~ If you can't play during t, he day you ju~.t'don~t, play. ~ CHAIRMAN: we'll-' ~ we thank' you'again for coming in; and we thank you for your opinion Mr~ Fraser, Is there anyone else. who would like to speak on behalf Q~f the application? Is there any one else who would like to speak against the application? Hearing.no further questions I make a motion closing the heari'n.g_ and reserving decision until later. CHARLES GRIGONI-S: Seconde~ ........... #3386 Public H6aring ~:~n 'th 'ma{~e~"-of'" N'~'CHO'LASi'-TS-iRKAs -Y~'-i a -variance to locate proposed .dw.elling 'with aq. insufficient setback from edge of bank alon9 Lt Sound.'N~S Sound Ave. Greenport~, 'NY Suffolk. Tax Parcel No 1000'33-1-1t The ~h'airmaQ_opened'the me~ti'ng a. 7:59 p.m. 'and read the legal notice in its ent~Ee'ty. _ ~-.CHAIRMAN: I bawe a COpy of a surYy amended by Robert VanTuyl.. PC amended·April 8, 1985_indicating the proposed placement of the'dwelling it appears to be approxim~'tely 18'-from the west side 20'from the east side 35' from Sound Drive and on a penciled sketch I have 35' from the edge of the bank. I have .a Suffolk County Tax map indicating this and surrounding properties in the area. Somebody like to be heard in behalf of this application? Could you pronounce your name for me. August 22.. 1985 Meeting Southold Town BOard of Appeals - 6 - Public Hearings Continued #3386 NiCHO[A$~ T$~AS~ (Continued) NICHOLAS TS~!RKAS:' Tsirkas CHAIRMAN: Is there any reason you are planning to make the house 4T' in depth as opposed to poss:ib]y leslse~ing the depth a bit. ts it a ~two sto"ry_.house? ..... '' _ MR~ TSIRKAS' It's. a one story approximately !.:5'00 sq~ feet which I think Eastern Shores has uppe~_~hier reqqjn~.~ment ~.Q~Q_... so .it's a little over the requiremeE$ I need for_Eastern' Shores to build a new hOme and it is about'35' from'the bank and that includes, a 10' deck. so the house itself is going to be about 40-45 foot back from the edge of the bank~ .. CHAIRMAN' I ha~e penci, led in here 37~ and a 10~ deck is that correct? MR. TSIRKAS: A ten foot deck is correct cHA]IRMAN' Did Your neighbor contact' you at all concerning this? MR~ TSIRKAS: I CHAIRMAN' I don'~t know which one it was~ MR. TSIRKAS: Kopack :on the one side spoke to my wife and MPs. Kopack said she w~uld be happy to look at the plans and I spoke to Recartos yesterday and'he sai. d. he had been in and.he'wasn~t going to be at ~the hearing today. It will be a Cedar CHAIRMAN: Old Lindel MR. TSIRKAS: MR. DOYLEN: Yes, What kin'd of house? CHAIRMAN' Similar to yours. M'R. DOYLEN: Po-'st and 'beam? MR,., Tsi'RKAS: All they do is cut the, lumber everYthing else is done locally~ It"s.'].pot sectioned or anythi'ng~ . 'M'R~ ~DOY'LEN: No I~m not talking ab-but s'e-'ctioned house. Lindal makes only C.edar house and they come just individual they only thi.ng is the material comes in package nothing in sections. Is ..~hat what this is? An all cedar? ' CHAIRMAN: See this says 38~ there-and.that:~s the"reason I~'asked'you the question,because basically now it's 48' but that an enlargement you.just scaled at 37~ Southold Town B6ard of Appeals - 7 - August 22, 1985 Meeting Public Hearings Continued #3386 Nicholas Tsirkas (Continued) MRs. TSZRKAS' Yes he intends to leave a larger, at the time it Wa.snOt' kn°wn what the dimensions of the house were going to be~ CHAIRMAN: I see~ MR. TSIRKAS: So be did a 50' by whatever it is 50 by 50 roughly, But this is actually a little smaller than Mr, Van TuY~ penciled in. CHAIRMAN: So what is the dimensions~ Let's see this is 38 by 66~1, MR. TSIRKAS: And Mr, Hindermann had penciled it in and it cleared on both sides the Only problem is the variance from the back ~ CHAIRMAN: Yes well 35' is good assuming that the figures are correct on this because basically your a foot under right here,. you would normally have to make the deck 9' if it was granted at and that's what I was wondering~ . ROBERT DOUGLAS: How far of the bank is the high tide line? CHAIRMAN: '"Ther's. a cliff there~ ROBERT DOUGLAS' I k~°wr, 'but I said from the top of the cliff MR. TSIRKAS: To the high water? ROBERT DOUGLAS: The Whole thing is penciled in is about 265 to the old high water mark~i ~266~ MR, DOYLEN: How many square feet in your li¥i·ng area? MR. TSIRKAS: 1625 ROBERT DOUGLAS: That's the total lenght of your property I'm talking about from the high water mark to th·~ MR~ TSiRKAS: To the bank-its 120~' from here (~ndicating) it another 146 I guess~ -~HAIRMAN~ ?~e banks not ~hat high there it'-s~ about an 80,foot bank~ Isn!t'it~ MR, DOUGLAS: MR~ CHAIRMAN: What ils it? About 80 ,feet~ Southold Town Board of Appeals - 8 August 22, 1985 Meeting Public Hearings Continued #3336 Nicholas Tsirlas (continued) Mr.Doug]_as: See it drops quite in other words according to this here's your water line and here's your bank right. CHAIRMAn,: No that's the road here's the water line here, MR. DOUGLAS: Oh yes Sound Drive Oh ok this all the way out to here. So it drops all the way from CHAIRMA/~: Right MR. DOUGLAS: It's a long taper. CHAIRM3dq: So everyone is aware of this plan now. We thank you. there doesn't appear to be any objections here. Does anybody else like to speak in behalf of the application? Against? Hearing no further questions I like to make a motion closing the hearing and reserving decision until later. JOE SAWICKI: Seconded #3388 Public Hearing in the matter of PAMELA J, SELLARS For a variance to construct attached garage with insufficient east sideyard setback and total sideyards. S/s Westview Dr. Mattituck, NY County Tax Parcel No. 1000 139-1-23 The chairman opened the meeting at 8:05 and read the legal notice and appeal application in its entirety. CHAIRMAN: I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the surrounding area. Mr, Lark. MR. LARK: Mrs. Sellars asked me to help her with the complications tonight. I'm not sure what you have so I've brought along tonight a copy of the survey of when she took title to show what it is and then she just got her building plans from Gordon Alhers, so you can get some idea what shes talking about in her application. Here he show's the elevation the north being the road if you look on your survey there that you have which is Westview Dr. That's what you would see from the street. O.K. There's are the view from the east and west neighbors and the view from the creek (indicating), I think the elevation is significant because from the front street you will not see this garage on a head on situation, You heard reasons for application. Now, you can peruse these. She also got her prematuze construction plans it's been a long drawn out process for her because she had to get DEC permits. Just look at what she has in mind here. I thought the elevations were the most significant because when she came to see me and I know the Southold Town Board of Appeals -9- August 22, 1985 Public Hearlngs Continued ~3388 Pamela Sellars MR. LARK: (continued) neighborhood up in Browers Woods there and I was having a little bit of ~ifficulty understanding just what she's about. /'hen when I saw the elevations after I went and looked at the property I thought ok now I understand what's going on. Basically, and she can explain more fully because she's more intimately familiar with it, she's actually remaking the house. If you go and look at the house today and look at what she's proposing, she's completely remaking the house. The other thing I wanted to give you primarily I talked to Van Tuyl today and the house as it sits, which is the northeast corner is 12' off the property line and when you look on the survey that I just handed you the little one, you see that when they built the house apparently they built the house in 1958-59 when they located the house on there, her predecessor, not her dad, it was who he bought ~[t from, they put it cna bias so when you carry this garage out in the front yard area even though we meet the existing Setback, from the street, when you cone out 18' you aggravate that 12' and it carries it down, according to Van Tuyl it will carry down to a fraction over nine feet at that point. What it boils down to is that we're having to ask for a variance of one foot. PAMELA SELLARS: Didn't Mr. Van Tuyt say he would stake that too and make sure that we stayed in there. MR. LARK: Yes, since we are operating in such close quarters there, I suggested to Mrs. Sellars that before we actually start construction there-tlhat we have it staked. She has spoken to the neighbors and they haven't objected to it at all. CHAIRMAN: Yes there's no one here. MR. LARK: She spoke with them because as you know it's close quarters living there. MRS. SELLARS: I spoke to both neighbors in the winter and the one neighbor hasn,t been out because they are only out in the summer and I did get the second certified letter back this past week. We did play with moving the garage up more this way -- but it doesn't leave enough room. I could still incorporate the basement staircase, but I would lose one kitchen window and besides i~ doesn't leave me enough room to swing into the driveway. MR. LARK: Actually from an aesthetic point of view, it improves the frontysrd; it now hides the Bilco door. CHAIRM~: Is there a basement in this house? MR. LARK: Portion of one. Southold Town Board of Appeals -10- August 22, 1985 Public Hearings Continued #3388 Pamela Sellars - Continued PAMELA SELLARS: There is presently portions of a basement right here where I have my furnace and machines. They gave me a permit,~they are going to dig out, but not in here they are going to come from here to here; so there will be a larger basement which will help with the heating and stuff too. It will be completely insulated. CHAIRMAN: Big project. PAMELA SELLARS: Yes it is. I think it is going to be worth it. I hOpe. MR. LARK: So basically what=she is doing is asking for a variance of one foot. That's what it boils down to., after I checked with Van Tuyl and I don't think t'hat~s too substantial considering the relationship of ten feet. As you know there is no increase in density you have one house one family there now and you're going to end up with one family. It's not going ..to change the neighborhood at all. In fact some people have located thier garage in the front yard area. Here where it situates on the creek if you look in the surveys~ag~in~one~6f~.an~m~.!'y'--u~deri'.the zoning ordinance when people built or they treat the back yard as the front yard which is the water-front side and the streetside is the back yard; so here again you have that situation. PAMELA SELLARS: Mr. Ahlers had suggested placing the garage in back but it didn't really leave me much clearance to get through plus it would completely block my neighbors view. MR. LARK: She has explored other ways to resolve her difficulty and that was the only feasible one the engineer came up with. Mr.i ~.hlers when he showed it on the plan not only did you have a topographical problem there but you also had a maneuvering problem not to mention that you would block off the neighbors view of the creek by building back toward the creek. It was decided then to put the enclosed-garage in the front as you see it. It will be on an angle, the driveway won't change. The driveway will be exactly as it is, you will come in make a left turn and go right into the garage. I think all things considered in t~ interest of substantial justice considering that she has tried to wxplore other alternatives to resolve her difficulties; she does need an enclosed garage. I request that you do grant her a variance of 9 feet on the easterly sidelines so she could extend the building out as it is indicated on the application, it comes out 18' off the existing building and Van Tuyl figures it will be about 9' feet, maybe~9' an inch or two', so I'm going to request 9' .... ,~Southold Town Board of Appeals -11- August 22, 1985 Public Hearings Continued .#3388 Pamela.Sellars ~'Continued MR LARK: (conti'n'ued) to be on the safe 'side there; so it ends up as a foot variance .... CHAIRMAN: You are aware Mr. Lark that we usually place a restriction at that nine feet if the Board so sees to grant this apPlication shall remain open for access at all times. MR. LARK: Yes, she has room on the other side to get around. CHAIRMAN: I know she does I think from a recollection point of view of being down there; I think there is a little more of a topographical problem on that side. MR. LARK:.Yes on the west side than there.is on the east side. That's correct. She has no intentions that will be open. What they are getting at there is incase there is an emergency that they have access to the rear without having to go through the house or over the top of the building especially fire or anything of that nature. Which is a goQd point. CHAIRMAN: Hearing no further questions I'll make a motion closing the hearing reserving decision until later. We'll try to get to this as quickly as possible. BOB DOUGLASS: Seconded Transcribed from tapes recorded in my presence. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town.. of Sgut]~61d~. Respectfully submitted, Barbara Rudder Pp. 1-11