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HomeMy WebLinkAboutZBA-11/20/1980Southold Town Board of Appeals MAIN ROAD-STATE ROAD ~-5 SOUTHE)LD, L.I., N.Y. 11971 TELEPHONE (516~ :165-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~Sck~ MINUTES REGULAR MEETING HELD NOVEMBER 20, 1980 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, November 20, 1980 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Robert J. Douglass, Acting Chairman (Pro Tem); Serge J. Doyen, Jr.; Gerard P. Goehringer; Joseph H. Sawicki. Absent due to illness: Charles Grigonis, Jr., Chairman. Also present were Mrs. S. Bachrach, League of Women Voters; Mike Stahl, Suffolk Times; George H. Fisher, Senior Building Inspector. PUBLIC HEARING: Appeal No. 2741. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: 140 Carole Road, .Southold, NY; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. The Chairman opened the hearing at 7:35 p.m.-by reading the appeal application, legal notiCe of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey showing the proposed addition and a copy of the County Tax Map showing the area. Is there any- body wishing to say anything in favor to~th~s application? Is there anyone wishing to say anything in opposition to this appli- cation? (There was no response.) In that case, I will make a motion to close the hearing on it and reserve decision on it so we can get through our list of things. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -2- November 20, 1980 RESOLVED, to close the hearing and reserve decision in the matter of Joseph and Amelia Smulcheski, Carole Road, Southold, NY, in Appeal No. 2741. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to approve the minutes of the Special Meeting held October 31, 1980. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to approve the minutes of the Regular Meeting held October 16, 1980. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. PUBLIC HEARING: Appeal No. 2759. Application of Kramer and DePetris Agency, Inc., 54985 Main Street, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60C(2)(b) for per- mission to place letters (identification signs) on side of building known as 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan. County Tax Map Item No. 1000-62-1-5. The Chairman opened the hearing at 7:47 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a sketch showing the signs, to be in 9" black letters to identify which section what is in. We also have a section of the County Tax Map showing that piece of property and the size of the land. Is there anybody in the audience wishing to speak for this application? If not, is there anybody wishing to speak against this application? (There was no response.) Well, in that case I'll make a motion to close the hearing on this applica- tion and reserve decision. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -3- November 20, 1980 RESOLVED, to close the hearing and reserve decision in the matter of Kramer and DePetris Agency, Inc., Appeal No. 2759. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. PUBLIC HEARING: Appeal No. 2757. Application of Charles and Margaret Mebus, 2145 Wells Avenue (Road), Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in side and/or front yard area at 2145 Wells Avenue (Road,/ Southold, NY; bounded north by Benson and West Hill Road; east by Benson; south by Edson and Wells Road; west by Wells Road. County Tax Map Item No. 1000-70- 4-21. The Chairman opened the hearing at 7:54 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Di.sapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey showing the main house on it and the proposed detached garage and accessory building, and it's quite an oddly shaped piece of property. We also have a section of the County Tax Map showing this property and its area. Is there anybody here that would like to say anymore in favor of this application? Is there anybody desiring to say anything against this application? (There was no response.) Hearing none, why I will make a motion that we close this hearing and reserve decision on it. On motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to close the hearing and reserve decision in the matter of Charles and Margaret Mebus, Appeal No. 2757. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. Re: Matter of Roy C. Schoenhaar. Appeal No. 2674. Recessed without date from March 20, 1980. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to schedule Appeal No. 2674, application of Roy C. Schoenhaar, for the next regular meeting of this Board, to wit, Decem6-~-r 4, 1980, and that a notice of hearing be re-advertised in the local and official newspapers concerning the above. Southold Town Board of Appeals -4- November 20, 1980 Vote of the Board: and Sawicki. Absent was: Ayes: Messrs. Douglass, Doyen, GOehringer, Mr. Grigonis. PUBLIC HEARING: Appeal No. 2758. Application of Jack J. Stukas, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width. Location of property: North side of Sound Avenue, Mattituck, NY; more particularly known as Lots 4 and 5 as Minor Subdivision of Jack Stukas No. 55, and bounded as follows: north by Gillies; east by Alderman and Mich- alecko; south by Sound Avenue; west by Shen. County Tax Map Item Nos. 1000-141-3-1.1 and 1.2. The Chairman opened the hearing at 8:06 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining proper~y owners was made; fee paid $15.00. MR. CHAIRMAN: We have a map of the minor subdivision as it was originally filed. We also have a section of the County Tax Map showing the section as it originally was filed as a minor sub- division, and then became one due to the lapse of time. Is there anybody here wishing to make a statement in favor of this application? WILLIAM PRICE: For the record, I'm William Price of Greenport, and I'm acting of counsel for Edson and Bruer this evening in this application. It appears from the application itself that these are two rather good sized lots as stated in the application, both of approximately 36,000 square feet. One lot being a little less than 36 and one being a little more. In other words, both of the two lots are approximately 10% less than the required 40,000 square feet area. Each of the lots as shown on the map of the minor subdivision have 120 linear feet along Sound Avenue. I do not feel that the allowing of this variance would change the character of this area because if you do look to the south of Sound Avenue, there appear to be several lots that look to me as though they have 75 to 100 feet of front footage, that being below Lot #3 and to the west. The other two lots below there possibly the corner lot has 150 linear feet. The other one does not look to me as though it is. All five lots as approved by the Town of Southold Planning Board in 1971 did have approximately the same area, being a little larger than three-quarters of an acre at that time. Through the passage of time, it appears that the applicant did not realize that such a merger would take place and therefore possibly through inaovertance overlooked the necessity of deeding out part of the property to circumvent the zoning ordinance. Now the applicant is coming before you to request that he be granted a variance to allow an insufficient width of the lot and a slightly less than Southold Town Board of Appeals -5- November 20, t980 one acre area. That's what he is requesting of this Board this evening. And I personally do not see that it changes too much in that area. That's all I have to say to the Board this evening. Thank you. MR.CHAIRMAN: Thank you, Mr. Price. Is there anybody else wishing to speak in favor of this application? Is there anybody wishing to speak against this application? (There was no response.) I have a note here from the Planning Board that I would like to read into the record: ...The Planning Boad reviewed your request for information regarding the insufficient area and width as originally in 1971 Subdivision of Jack Stukas. The concensus of the Planning Board is that this is an approved subdivision in the town. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN .... As Attorney Price has said, these lots are bigger than anything around it. They have a lO0-foot minimum width, and the lots adjoining it are only 87 and 89, and they are also narrower on Sound Avenue. So the lots are bigger than any of the surrounding lots when divided, and what he is asking for is to put it back into the prospective lots that he purchased originally and had ok'd. If there are no further wishing to speak, why, do you want to make a motion approving it-- MEMBER GOEHRINGER: Itl make a motion to approve the subdivision of Mr. Stukas' lots back to their original subdivision which existed in 1971. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for approval of the insufficient area and width of two lots as they were created and existed in 1971, of 36,197 and 35,488 and 120.00 feet each, respectively. The lots to the west of the subject parcels are slightly smaller in area and to the east are substantially smaller lots in area. All of the lot widths in the vicinity are an average of lO1 feet. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by the granting of the relief requested; that no ad- verse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. ~ Southold Town Board of Appeals -6- November 20, 1980 On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Jack J. Stukas, in Appeal No. 2758, be granted a variance to the zoning ordinance, Article III, Section 100-31 approving the insufficient area and width as applied for. Location of property: North side of Sound Avenue, Mattituck, NY: bounded north by Gillies; east by Alderman and Michalecko; south by Sound Avenue; west by Shen. County Tax Map Item No. 1000-141-3-1,1 and 1.2. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. PUBLIC HEARING: Appeal Noo 2742. Application of William Hatfield, d/b/a Northeast Enterprises, Inc., New Suffolk Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for approval of parcel to be established with insuf- ficient area and width at 6725 and 6775 New Suffolk Road, New Suffolk, NY; bounded north by Withers; east and south by Schoolhouse Creek; west by New Suffolk Road. County Tax Map Item No. 1000-117- 5-28 and 29. The Chairman opened the hearing at 8:25 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: I have a land survey for Northeast Enterprises showing the piece that they desire to cut out of the whole parcel with this house on it. I also have a section of the County Tax Map showing the whole parcel and the drawn in section that is desired to be cut out. Is there anybody here wishing to speak for this application? MR. HATFIELD: I'm William Hatfield. The only thing I would ask or add to our present petition, the proposed subdivision cannot be enlarged due to the nature of the surrounding area. On the west is of course New Suffolk Road; south is a large building belonging under operation of the shipyard, and the same thing is true to the east. To the north there is a driveway. So in effect what we're doing is just taking that parcel of land on which the house is, and we can't very well add any additional land even if we wanted to. ~R. CHAIRMAN: Thank you, sir. Is there anybody else wishing to say anything in favor of this application? Anybody desiring to speak against this application? (There was no response.) While we're on it, Mr. Hatfield, may I ask you one question? MR. HATFIELD: Certainly. Southold Town Board of Appeals -7- November 20, 1980 MR. CHAIRMAN: At the present time do you not use the grounds hard up to this house for boat storage? MR. HATFIELD: Only on the north side, and of course that would be discontinued if the variance were granted and the house was sold as a private residence, those boats would be removed. MR. CHAIRMAN: Thank you. Is there anybody else that has any questions they would like to ask? MR. HATFIELD: I would say one thing. If the present tenant stays in the building, it may be that his own boat might be put there by the yard. The present tenant has indicated a willingness to purchase the property. And that's the only boat I think that will remain in that particular area. MR. CHAIRMAN: Thank you. Being no further speakers from the floor, I'll make a motion that we close this hearing and reserve decision until later when we have a chance to go over all of the pro's and con's. On motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to close the hearing and reserve decision in the matter of William Hatfield d/b/a Northeast Enterprises, Inc., Appeal No. 2742. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. PUBLIC HEARING: Appeal No. 2760. Application of Ricnard Anderson, by Gary Ftanner Olsen, Esq., Main Road, Mattituck, NY for a Variance~for approval of access pursuant to New York Town Law, Section 280-A. Location of property: Wunneweta Pond, Nassau Point, Cutcho§ue, NY; bounded north, west and south by Wunneweta Pond; east by O'Keefe. County Tax Map Item No. 1000-111-14-29. The Chairman opened the hearing at 8:37 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing to its publication in the local and official newspapers, No- tice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey of the property showing the right-of-way from Wunneweta Road out to it. We also have a sec- tion of the County Tax Map showing said property at the end of the point out in Wunneweta Pond. The applicant was given a copy of this on 11/3/80 (notice of hearing). Have we anybody here desiring to speak for this application? Southold Town Board of Appeals -8- November 20, 1980 GARY OLSEN: Yes, my name is Gary O~sen. I'm an attorney having my office at Main Road, Mattituck. I represent Richard Anderson, who is under a contract to purchase the subject premises. The contract is contingent upon this variance being granted. This is an interior parcel. We are advised under the terms of our con- tract that there is a deeded 16-foot wide right-of-way which is set forth on the survey, which I have also included as part of the application--to get from Wunneweta Road to the subject premises. I do have a vacant land Certificate of Occupancy in my file, No. Z10062, issued by the Southold Town Building Inspector, dated August 6, 1980 indicating that this property is a good valid building parcel and the only requirement is they obtain access approval under Section 280-A of the Town Law, which is the pur- pose of this hearing. If the variance is not granted, and it's not really a variance, it's just requesting that the Town approve the access, we understand that there will have to be certain improvement requirements that the Board will impose. This parcel would in effect be rendered valueless since it could not be used for resident~al purposes. And that would be the hardship. Otherwise I think my application sets forth our reason. MR. CHAIRMAN: Is there anyone else wishing to speak for this application? Anybody desiring to speak against this ap- plication for access? (There was no response.) We went up there and we checked this land all out. I'd like to ask one thing--when you do go in for a house permit, you have a situation where you will have to maintain tidal waters elevation. MR. OLSEN: Well, the contract is also contingent on not only getting a building permit, but Health Department and D.E.C. approvals. We understand that. This is just one of many steps. MEMBER GOEHRINGER: So we'll see you again? MR. OLSEN: I hope not. MR. CHAIRMAN: Yes, Mr. Gardner? BILL GARDNER: I'm Bill Gardner, President, Nassau Point Association. I saw the application for this variance. It seems to me as long as the neighbors do not object, in.the access right through their property, I can't very well object to the access, although I'm probably as close a neighbor as there can be, although it doesn't go through my property. What I am con- cerned about, of course, is what you just mentioned. The, and I have checked in on this, is on the D.E.C. requirements, what's going to be required. MR. CHAIRMAN: Well that comes in when they put in a permit for a building. MR. GARDNER: I understand this is not your perogative right ~now. But we will watch it very closely. Southold Town Board of Appeals -9- November 20, 1980 MR. CHAIRMAN: They have regulations that they have to follow wnen they-- MR. GARDNER: I understand that. I will make a motion then that this access be granted as shown on this survey, with our recommendation of its approval of which you probably have a copy of but you can get one from here, of, to a minimum of 15-foot of width it must be improved, from where the stone stops now. The first section coming in there has stone and has been improved for maybe 100 feet or so. But you will have to improve the rest along the shoreline, out to.it, before any building per-mit can be issued. MR. GOEHRINGER: I'll second it. MR. CHAIRMAN: Regularly moved and seconded, it be granted as applied for, with our recommendations of improvement-- our require- ments of improvement. MR. OLSEN: Would you send me a copy of those requirements? MR. CHAIRMAN: I can give you this one out of here. Well, I can give you mine. MR. OLSEN: Maybe just for the record if you would set forth the date of those requirements so we know which ones we have to abide by. MR. CHAIRMAN: Well you have your choice out of these of what you want to do. I'll read it. It might be of value to everybody here. It won't take me long to read it. I'm ahead of schedule again anyway. "...1. Such access road shall have a width of not less than 15 feet. 2. Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet, minimum. 3. Such access road shall be improved in ~ther of the following methods: (a) surfaced with a minimum depth of 4" of packed 3/4 stone blend, so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed stone blend to a depth of 4"; OR (b) shall have topsoil removed to a depth of eight inches and then filled with eight inches of good grade stone and sand bank run. The surface shall then be covered with a layer of 2 to 4" of 3/4" stone blend; or in the alternative, oiled with a minimum of 4/lOths of a gallon of road oil per square yard. 4. No building permit shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with .... Thank you, sir. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to New York Town Law, Section 280-A for approval of access. The premises in question is located a% the west end of a pennisula at Wunneweta Pond, Nassau Point, Cutchogue, New York and contains Southold Town Board of Appeals -10- November 20, 1980 approximately 9/lOths of an acre. Applicant shows a 16 wide right-of-way from Wunneweta Road to the subject premises at the north end. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by the granting of the relief requested; that no ad- verse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Richard Anderson, by Gary Flanner Olsen, Esq. be Granted a Variance to New York Town Law, Section 280A, for approval of access, SUBJECT TO THE FOLLOWING REQUIREMENTS: 1. Such access road shall have a width of not less than 15 feet. 2. Such access road shall be cleared of all trees, brush and other obstructions to a width of 15 feet. 3. Such access road shall be improved in either of the following methods: (a) Such access road shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; or (b) The access road shall have top soil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two inches to four inches of three-quarter inch stone blend; or in the alternative, oiled with a minimum of four-tenths of a gallon of road oil per square yard. 4. No building permit shall be issued for the construction of any buildings or structures on the premises to which this access is referred until all of the conditions set forth herein have been complied with. Location of property: Wunneweta Pond, Nassau Point, Cutchogue, NY; bounded north, west and south by Wunneweta Pond, east by O'Keefe. County Tax Map Item No. 1000-111-14-29. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. Southold Town Board of Appeals -ll- November 20, 1980 RECESSED HEARING: Appeal No. 2750. Application of Harry J. and Li.llian Baglivi, Nassau Point Road, Cutchogue~ NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of three proposed parcels. Location of property: Nassau Point Road and Wunneweta Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road. County Tax Map Item No. 1000-111-4-32. The Chairman re-convened the hearing at 8:50 p.m. This matter was recessed from the last regular meeting of this Board, to wit, October 16, 1980. MR. CHAIRMAN: This was recessed from 10/16/80 and if it's all right with the representing attorney and you people out there to dispense with the reading of all this that was read on 10/16, why I won't go through the whole thing again. If you desire, I will. ABIGAIL WICKHAM, ESQ.: No, I have no objection. No. MR. CHAIRMAN: All right, thank you. Anybody else? all right? (There was no response.) Thank you. So we'll tinue. From there I will open it up asking if anybody has information to say in favor of this application now? Is it con - MRS. WICKHAM: I think that the statements that I made at the last hearing pretty much cover it. It was a question of whether or not these are in fact three lots in existences and I understand the Board was going to consider this during the period of recess. If anybody has any questions or wants to discuss anything further, I'd be glad to do that. But I don't have anything to add to what I had to say last time at this point. MR. CHAIRMAN: All right, thank you. Is there anybody here wishing to add more to the testimony against this requested appeal for a subdivision? BILL GARDNER: The only thing I have to say is, I received a copy of the letter that came from the Department of Health in Riverhead to Mr. Grigonis. I got a copy of it on there. Their feeling about the size of building lots in connection with the water supply, particularly on Nassau Point, I think you must have that letter in your file. That's all I have. MR. CHAIRMAN: Well I have two letters here that I would like to read into the docket that came since the last meeting. ...Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, NY Southold Town Board of Appeals -12- November 20, 1980 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at a regular meeting held October 16, 1980. RESOLVED that whereas the variance sought by Mr. Harry Baglivi pertains to Minor Subdivision #10 of George Matthews duly approved and signed by the chairman of the Southold Town Planning Board that it deserves consideration as such. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD .... Also, letter from the Suffolk County Department of Health Services: October 16, 1980 ... Dear Mr. Grigonis: I am in receipt of your letter dated October 10, 1980 concerning the above referenced property. This Department does not recommend residential lot sizes of less than 402000 square feet in areas using private wells and sewage dis- posal systems. This recommendation is especially pertinent to the Nassau Point area which has a relatively limited water supply. Should you have any further questions, please feel free to con- tact the undersigned. Very truly yours, Is~ Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services .... And a copy of that went to the Nassau Point Association. Does the Board have anything they would like to ask? Does anybody else have anything else they would like to say at this time? (There was no response.) Hearing no requests-- ABIGAL WICKHAM: I would just like to repeat, number one, that we do consider these three existing lots to be valid now, and in any event, if you look at the size of them in relation to the tax map of Nassau Point, they are not out of line with the size of the lots. I'd also like to point out that Mr. Reynolds owns a piece of property that is on Nassau Point, and I understand he is in the process of building a house there. I found that kind of interesting that he was making a comment in an official capacity. Southold Town Board of Appeals -13- November 20, 1980 BILL GARDNER: I'd like to point out~ yes, Mr. Reynolds owns a ~iece of_groperty. He is not in the process of building a house and his land is over an acre in size. MRS. WICKHAM: I'm afraid I think that's incorrect. He had to apply for variances not long ago. MR. GARDNER: You know what he had to do? Do you know what the variance was? MR. CHAIRMAN: Please pass it through the Board. MR. GARDNER: There's a question on the variance he required? I was here on that hearing. And I understood the hearing was his setback from the main roads. That was the point of the only variance I know of. And the variance was granted by the Board. MR. CHAIRMAN: How long ago was this? MR. GARDNER: About a year and a half, two years. MR. WICKHAM: I don t mean to debate Mr. Reynolds lot, but there was a prior variance. MR. GARDNER: Oh, I know the variance. That was on the original owner. They extended the size of the lot. They made it larger. MR. CHAIRMAN: All right. Thank you. Anybody else? If not, I'll make a motion to close this hearing and reserve decision until we can put all the facts together hereafter. You can check with our secretary and get the answer. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Harry J£ and Lillian Baglivi, Appeal No. 2750. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer, and Sawicki. Absent was: Mr. Grigonis. Mr. Gardner asked the Board whether they had received a legal opinion concerning this matter, and the Board responded they had and that it would be put into the findings. Southold Town Board of Appeals -14- November 20, 1980 RECESSED HEARING: Appeal 2751. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Art. III, Section 100-32 for permission to construct swimmingpool in frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. The Chairman re-convened the hearing at 9:02 p.m. This matter was recessed from the last regular meeting of this Board, to wit, October 16, 1980. MR. CHAIRMAN: This is on the swimmingpool. Does anybody want to say anything on this. This is kind of contingent upon the other application. ABIGAIL WICKHAM, ESQ.: Yes. I believe I also addressed this point at the last hearing, and indicated, number one, that the-- in the event the first application is turned down this one becomes relevant, and what we would be wanting to do would be to build a pool on a lot which has no technical rearyard. So we are asking for a pool in one of two frontyards. I believe it would be appropriate if the lot, if the parcel is considered all one lot. As I mentioned it will be a pool which will not be rebuilt each year. The water consumption will not be, probably even as much as someone watering, irrigating their lawns on a regular basis. Thank you. MR. CHAIRMAN: Thank you. Does anybody over here wish to say anything? Yes, sir? HENRY STEINBERGER: As a resident and officer of the Nassau Point Association, I object to the installation of the pool on Nassau Point. We justly have to consider what water is available because we are completely governed by the rainfall. We have no other source of water. We are To about 190 families already, and the Health Department has told us that we could not obtain any more than 200. So any installation of a pool will draw water from the ground water unless they take it from the Bay. And I would object to that very strenuously. MR. CHAIRMAN: Sir, in that respect, may I ask you a couple of questions before you sit down? MR. STEINBERGER: Sure. MR. CHAIRMAN: Do you have any facts for us on what water a swimmingpool uses? MR. STEINBERGER: I can't tell you, but perhaps one of our officers could. We had someone from the Health Department of Suffolk County tell us that we could contain no more than 200 families--exclusive of swimmingpools. Southold Town Board of Appeals -15- November 20, 1980 MR. CHAIRMAN: That's irrelevant, because families use so many gallons a day. But what is the use involved in a swimmingpool? This is what we'd like to know. MR. STEINBERGER: I can't give you any figures on that. All I know is that whether they say it's not going to be replaced in a year, there's still going to be evaporation and they're going to draw on the water supply. MR. CHAIRMAN: May I ask you another question? Riding through Nassau Point, I wouldn't dare say how many, but homes have irrigated lawns. Can you tell me how much water one of those sprinklers uses per hour? MR. STEINBERGER: I can't, but we object to that also. I mean, we have automatic lawn sprinklers that eroding some of the roads because of the run-off of the water. So it's not only taking from the water supply but it's also adding to the Town's expense of maintaining the roads. This is a fact. MR. CHAIRMAN: They use a lot of water. Mr. Baglivi, may t ask you a question? Have you any information on the amount of water involved in use of a swimmingpool? MRS. WICKHAM: I've been informed that the swimmingpool in order to initially fill it up requires about 28,000 gallons of water. The evaporation rate is approximately 10 gallons per months, which is not a lot of water. Probably considerably less than it would take to irrigate the size of a lawn were the pool not there, considerably less. And you're talking about evaporation during the summer months. It's covered in the winter, so you don't have that factor to consider. It would only be during the summer months when the pool was open-- probably June, July and August. MRS. BAGLIVI: About three months. MRS. WICKHAM: And possibly September. MR. CHAIRMAN: Mr. Baglivi was involved at one time, I believe in industrial products. Can you tell us what an average water sprinkler uses per hour? MR. BAGLtVI: The best thing that I could come up with, they, it draws about five gallons per minute. And I would say that in an hour you would be using about 500 gallons -- an hour. I would say. If I'm correct I don't know. MR, CHAIRMAN: Thank you. Has anybody else any information? (There was no response.) If not, I'll make a motion on this that we close this hearing and reserve decision depending on the previous application and so on. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -16- November 20, 1980 RESOLVED, to close the hearing and reserve decision in the matter of:Harry Ba§li. vi, by Skinny Dip Pools, Inc., Appeal No. 2751. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RECESSED HEARING: Appeal No. 2684, Application of North Fork Motel, Inc. (William H. Price, Jr., Esq.), c/o Mr. Sam Rod- land, 55 P'iilgrim Path, Huntington, New York 11743, for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change existing motel use to privately-owned units (or condomi- nium) use in a B-1 Zone. Location of property: Corner of County Road 27 and Soundview Avenue, Southold, NY; bounded north by Sound- view Avenue; east by County Road 27 and Soundview Avenue; south by south/by County Road 27~ west by Main, Kemper, Zech and Larson. County Tax Map Item No. 1000-135-2-23. The Chairman re-convened the hearing at 9:10 p.m. This matter was recessed from the October 16, 1980 regular meeting of this Board. MR. CHAIRMAN: This is North Fork Motel, Inc. represented by William H. Price, Jr., Esq. Do you require that I read all this? WILLIAM H. PRICE, JR., ESQ.: No, I waive the reading. MR. CHAIRMAN: Thank you. Do you have anything to-give us on what your move will be? MR. PRICE: I can give you a little update. I'm not prepared at this time to go through with"the whole hearing, because I believe in this instance I will be bringing in witnesses to testi- fy just to give you further information. But we have ascertained that we cannot do it in the cooperative fashion. As you recall that we where they were given perpetual lease. That is because it would require the installation of kitchen facilities. Now this particular property was granted a Certificate of Occupancy which stated "multiole-residence (motel)," keeping in line with what I believe the intent of the Town was, we do not wish to try at all to convert this particular property to permanent abiding places for anyone. We intend, as I said before on a number of occasions, it's going to look, feel and taste the way it always has. The people are just going to be able to buy rooms. Howevers we are going to be forced to go the condominium route, which means that each particular room owner will be given a deed to that room, not a lease. It will be a deed. It will not be dividing the property because they will be given an undivided interest in the whole. It will be as though they were all tenants in common for the real property, but they will have exclusive possession and ownership of their particular units. However t have not yet been able to coordinate everything with the condominium counset; and when I do Southold Town Board of Appeals -17- November 20, 1980 I will be ready to proceed before this Board. I know you're busy so I'm not going to talk too long-- MEMBER GOEHRINGER: t this going to involve now another prospectus. Are you going to have to get it from the State Attor- ney General's Office the prospectus that you-- MR. PRICE: Both the cooperatives and the condominiums require prospectus and offering statements to be approved by the New York State Attorney General before anything can be offered for sale. The first step, however, though is to be able to represent truthfully to the Attorney General about what is pro- posed for the particular parcel of property, is in accordance with the municipalities zoning ordinance. So my job in this entire process is to obtain approval or ascertain whether or not approval can be granted before the prospectus is even prepared. That's the first step, is to come to the locality. MEMBER GOEHRINGER: That you. You've answered my question, and the second question. MEMBER SAWICKI: Mr. Price? Are you figuring on 40, 41 units separately? I believe .there are 41 units there. MR. PRICE: I'm not, I do not know for a fact as to whether or not there will be restrictions on the number of units that any individual can buy. I do assume that an individual would be able to buy three adjoining rooms if that individual so desired, but unless that individual connected those rooms and met with all the other applicable standards of the Town of Southold zoning ordinance, they would not be able to use it as a dwelling unit. But we do plan to have each one of them as a separate unit, yes. MR. CHAIRMAN.: Thank you, Mr. Price. While he has not put anything formal before us yet, however you folks out here are to talk evidently, so any input you might want to give, why I think it would be our right to take testimony from you so you wouldn't possibly have to come back on another hearing. First let me ask Mr. Price, do you have any idea where you want to put this, or do you want us to indefinitely recess this until you notify us? MR. PRICE: No, I think for the purposes of legal notices you should give me some date this evening and I will either be here or notify you that I need another recess. But this will avoid requiring a re-publication. MEMBER GOEHRINGER: You want us to skip another meeting? MR. CHAIRMAN: Yeah, that's too close. SECRETARY: Two weeks from tonight. MR. PRICE: I won't have it in two weeks. But just set a Southold Town Board of Appealis -18- November 20, 1980 date, otherwise you will have to re-publish it. MR. CHAIRMAN: During the week between Christmas and New Year's, what that? SECRETARY: tt would have to be a Monday or Tuesday because Wednesday is the Eve and Thursday the Holiday. would be the 29th. Monday MR. CHAIRMAN: December 29th all right with you? The Board members agreed. MR. PRICE: I'll be here. MR. CHAIRMAN: Ok. December 29th that meeting will be. MR. PRICE: I'll be here. For any of the people out here I'll answer any questions to the best of my ability at this time. MR. CHAIRMAN: Ok. Are there any of you wishing to speak? Would you please give your name? RICHARD GASSER: Richard Gasser. I li~e~on North Road. You're amending the application, is that right? Like an amend- ment to the application? But we do not know what the actual application is. Would you mind reading it to us? MR. CHAIRMAN: The application as is is not what it will be now. It says" ...Permit for Occupancy. Change for Existing Motel to Privately-Owned Units or Condominiums... is the way the application is at the present time. MR. GASSER: It's pretty broad. MR. CHAIRMAN: Let Mr. Price-- MR. PRICE: May I address this gentleman? MR. CHAIRMAN: Yes, you may. MR. PRICE: This application was put in by, was presented to this Board by the owners of the North Fork Motel without advice of counsel. As most people I have found think of condominiums thinks of the apartments that you buy in Florida or down south. They've decided that the running of this particular establishment as is currently run a~ a seasonal motel has become unprofitable. And therefore they decided they had to try to raise some more money. After they had discussed the matter with myself and the condominium counsel, they were informed that a condominium or cooperative is not necessarily imply that it is to be a dwelling unit. It's just another form of ownership. It's as though the Southold Town Board of Agpeats -19- November 20, 1980 MR. PRICE (continued): owners of the North Fork Motel, which happens to be a corporation now, went out and sold shares of stock in the corporation, and they with each share of stock the exclusive right to use a parti- cular room. This, I'd like to make it clear that this is not to be dwelling units. This is to be rooms which people can use as people use motel and hotel rooms in this area now. They may come out for a week or t0 days during the summer, and the may come out for weekends and stay. But I can't emphasize too much that there is not to be cooking facilities. This is not to be turned into any sort of so-called low-income housing or anything like that. This is just to be a motel, but the ownership form is to be changed, that's all. MR. GASSER: Mr. Chairman, am I to understand that they have a six-month permit on the motel to be opened only six months, or is it a full year? MR. PRICE: They got a Certificate of Occupancy-- MR. CHAIRMAN: They got a full Certificate of Occupancy, yes. MR. PRICE: Matter of fact, it's for multiple residence and then in parantheses it says motel. A multiple residence under the zoning is something other than motel, so the confusion has been magnified somewhat by that, because the zoning ordinance has been changed since the '60s when that motel was constructed. MR. GASSER: One more point. The occupancy per room as far as motel. Is there any law on the books that control the amount of occupants per room when it's at a motel verses that of a con- dominium? MR. CHAIRMAN: Well, this I can't answer you whether there is any difference between condominium or motel. I couldn't answer you. MR. GASSER: Then there's no such-- MR. CHAIRMAN: Area-wise there are controls, on area. MR. GASSER: In a motel statute? But in the condominium-type thing, they don~t have such things. There's no-- MR. CHAIRMAN: If it was a living, which Mr. Price says it is not. If it was a living condominium, it would have to have so much floor space and so on. MR. PRICE: I don't recall off hand what the original permit, but there is a maximum occupancy for that structure, and in no way are we requesting that occupancy maximum be increased. If the maximum turns out to be two people per room, it will stay two people per room. If it turns out it is four persons per room, we would Southold Town Board of Appeals -20- November 20, 1980 MR. PRICE (continued): leave it. If it turns out that the total works out to 2-½ people per room, it's going to remain that way. And that can be dealt with through the vehicle of covenants and restrictions that would be given to everyone in the deed. As we said, we're not trying to change anything. It's just a change of ownership. MR. GASSER: It's not the amount of occupancy per room, it's the control that we have over the occupancy per room. That's what we're concerned about. MR. CHAIRMAN: The building department has the control on that, sir. MR. PRICE: The Town will have just as much control as they have always had. MR. GASSER: Thank you. MR. CHAIRMAN: Yes, ma'am? SHIRLEY BACHRACH: My name is Shirley Bachrach and I'm from the League of Women Voters. Would this require an environmental impact statement by the owners? MR. CHAIRMAN: We have one. We have part. SECRETARY: An environmental assessment form. MR. PRICE: The use is not to be changed. The form of owner- ship is to be changed. MRS. BACHRACH: I understand that. MR. PRICE: Whether or not, there has to be compliance with the State Environmental Quality Review Act, which has to be very minimum, require the Environmental Short Form of Assessment to be filed if it has not already been filed. MR. CHAIRMAN: We have an Assessment Form filed. However, it goes to the County and everything because of its location and its relation to roads and water. Is there anybody else that would like to ask any questions or say anything? (There was no response.) All right, thank you Yr. Price, and in respect to this, -~ MEMBER GOEHRINGER: I'll make a motion that we r.ecess this hearing until December 29, 1980. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the matter of North Fork Motel, Inc., Appeal No. 2684, be recessed until December 29, 1980. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Saw~cki. AbSent was: Mr. Grigonis. Southold Town Board of Appeals -21- November 20, 1980 PUBLIC HEARING: Appeal No. 2761. Application of James R. Wheeler, by William H. Price, Jr., Esq., Front Street, G'reenport, NY for a Variance to the Zoning Ordinance, Art. III, Section 100-31 for approval of insufficient area, width and/or depth of property located at the southeast corner of Kenney's and Chest- nut Roads, Southold, NY; bounded north by Chestnut Road; east by Dickerson, Wheeler and Conway; south by Dioca, Pierre and Price; west by Kenney's Road. County Tax Map Item No. 1000-59-3-10 and 11. The Chairman opened the hearing at 9:26 p.m. by reading the appeal application, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: I have a map of the property surveyed for William and John Funke, the previous owners. And it shows the cottage on the corner of Kenney's Road and Chestnut. I also have a section of the County Tax Map showing both the individual properties as they were with the line between them, which the applicant requests to put back to the individual pieces. Is there anybody here wishing to speak for this application? WILLIAM H. PRICE, JR., ESQ.: My name is William Price and I have offices in Greenport, representing Mr. Wheeler. I am in a unique situation this evening in that I am one of the adjoining property owners. I came here to testify as well as represent Mr. Wheeler. Having lived in that area for some time, it never dawned upon me by looking at those parcels that they were any- thing other than two parcels. It always looked'as thought corner lot on which the house was was one partiqular lot and the larger lot which adjoins my property was a separate lot. There is a gorge down the middle of the larger lot, so I don't think that it's that suitable for building in it anyway as well as the fact that you would have to either expand upon ~he existing dwelling on the smaller lot, or tear it down because you could not very well have two dwelling units on one lot. The Suffolk County Tax Map, and the taxing authorities have always thought that these were two lots. And as stated this w~s an inadvertent merger. The larger lot was bought back in the 1950's and the smaller lot was bought from Mr. Wheeler's mother. These people mentioned on the survey, the Funkes, they are under contract to purchase this smaller lot. I, as a resident of that community, see nothing detrimental with allowing it to legally what it appears to be. It will not change the character of the district, and it is unique in that here Mr. Wheeler purchased these two properties, and as an individual who does not have much dealing with legal matters, zoning matters, or with the Town for that matter, he as far as I know didn't know that the zoning ordinance had even been changed. When I spoke to him about this, he said, '~But I have two deeds. He thought that he had two lots, and I am sure that if he had known about this increase in the minimum Southold Town Board of Appeals -22- November 20, 1980 area, he would have been in for the variance beforehand. He is just not aware of what's going on as far as the zoning i.s concerned. As many people aren't. For that reason, we ask that he be granted this variance so that it can be exactly what it appears to be. MEMBER GOEHRINGER: Mr. Price? You did say that the Funkes are buying both lots? MR. PRICE: No. The smaller lot with the small cottage on it. And as a matter of fact, a mortgage commitment has been granted for that particular dwelling. It would cause a hardship both to the Funkes and Mr. Wheeler if this variance is not granted to allow that lot with insufficient area to be set off. MR. CHAIRMAN: When we inspected this, the person who owns this parcel up here on Chestnut, the next parcel, it appeared like he has fenced this in as part of his up here. Has any of this been transferred to any of these up here? MR. PRICE: I believe that this Lot No. 6 is owned by Mr. Wheeler and his wife. This was divided up when Mr. Wheeler's father died, and she took some of the stuff down in here and he took some of the stuff down in here. And that's how he got No. 10. Number 11 he bought on his own, and he owns this piece of property here--this is where Mr. Wheeler's house, and this is where my house is, on-14. MR. CHAIRMAN: Right. But this No. 9 here, it appears that when you look back here, there used to be a fence here-- there's a small fence here, but then it appears that somebody has fenced this in back here to increase into this property? Do you know anything-- is that-- MR. PRICE: That is owned by Mr. and Mrs. Wheeler. That is not merged. They had purchased that some other time. MR. CHAIRMAN: Yeah. But what I understand-- MR. PRICE: They have a fence that goes out to No. II. Th~s belongs to, 11 belongs to Mr. and Mrs.. Wheeler, and 10 belongs to Mr. Wheeler. MR. CHAIRMAN: But when this fence goes out here, is this property being taken over, if this property is being taken over by this, it shortens this. It cuts to the area of this. MR. PRICE: Nobody can make that sort of a claim because where Mr. Wheeler has an ownership interest in this lot as well as in No. 11, he can t very well make a claim against himself for adverse possession. It s his own fence. It's off of the property that he and his wife own. That is not changing the size of Lot No. ll at all. It might look like it, but I mean-- MR. CHAIRMAN: Unless he goes to sell it without this existing piece, then he would come under a smaller lot, if he held this and Southold Town Board of Appeals -23- November 20, 1980 went to sell this. MR. PRICE: the whole thing. in the back. If he went to sell No. ll, he would have to sell He can't sell everything but that little piece MEMBER GOEHRINGER: What in effect I think we're asking you is does he still own that piece in the back? MR. PRICE: Yes, he does. MR. CHAIRMAN: Ok. MR. PRICE: You get my point that he owns this one, this one, this one and this one. This one he and his wife own, and these he owns individually and that's where the merger took place. And no matter what he puts up there he can't make a claim of adverse possession against himself. MR. PRICE: Ok. That's what we wanted to know. All right. We thank you. Does anybody wish to speak for this application? Before I ask for anymore, I'll read a letter here into the record: ...Mr. Charles Grigonis, Jr., Chairman Southold Town Zoning Board of Appeals Town Hall Southold, NY Dear Mr. Grigonis: At the request of your Board, the Southold Town Planning Board reviewed the request for a variance for insufficient area and width of two parcels at Kenney's Road, Southold owned by James R. Wheeler. The consensus of the Board was that this should be orocessed as a minor subdivision, and the Planning Board has no objections to the approval. Yours truly, Henry E. Raynor, Jr., Chairman Southold Town Planning Board .... MR. CHAIRMAN: Is there anyone wishing to speak against this application? (There was no response.) MEMBER SAWICKI: I'll make a motion approving it as is. MEMBER GOEHRINGER: I'll second it. MR. CHAIRMAN: A motion has been made and seconded that this application be approved as is. Southold Town Board of Appeals -24- November 20, 1980 After investigation and personal inspection, the Board finds and determines as follows: Appellant has appealed to this Board seeking a variance for approval of insufficient area and width of two proposed parcels, approximately 26,400 square feet in area~of the nontherly parcel, and 135' and 100' in road frontage, respectively. Located on the northerly parcel is a small one-family dwelling, and the southerly parcel is vacant. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on .available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that James R. Wheeler be granted a variance to the zoning ordinance, Art. III, Sec. 100-31 for approval of the insufficient area, width and/or depth as applied for. Location of property: Southeast corner of Kenney's and Chestnut Roads, Southold, NY; bounded north by Chestnut Road; east by Dickerson, Wheeler and Conway; south by Dioca, Pierre and Price; west by Kenney's Road. County Tax Map Item No. 1000-59-3-10 and 11. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. INFORMAL DISCUSSION. Location of Property: East side of Love Lane and extending to the south side of County Road 27, Mattituck. Current property owner: George L. Penny, Inc. County Tax Map Item No. 1000-140-2-16. Mr. Richard Gasser and Mr. Robert Celic of Celic Agency, Inc. in Mattituck both appeared before the Board concerning property located at Love Lane, and extending to the south side of County Road 27, Mattituck, which contains a large pre-existing storage building. Mr. Gasser stated that he has a hobby of armored vehicles-- probably the largest private collection known and was interested in converting the storage building into a "private museum.' Mr. Gasser said he would not be charging an admission fee, the museum would be funded by private donations, and would be strictly educational. The museum would be open only on a scheduled basis, and a curator- ship would maintain control. Mr. Gasser said that he had planned to renovate the building, install a barbed-wire fence six-foot high and that the museum would not be in operation for quite some time. Southold Town Board of Appeals -25- November 20, 1980 The Veterans Administration has given an oral approval, and Mr. Gasser 'is expecting the Federal Government to support this proposal and perhaps finance. Twenty vehicles total are anticipated. The Board advised the gentlemen they could not give an opinion before reviewing and hearing an application for same. On motion made by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the Building Department of the Town of Southold be requested to follow-up on Condition No. 4 in Appeal No. 2632 of FISHERS ISLAND DEVELOPMENT CORP. in order to determine whether the newly constructed building is being properly controlled and operated. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent.was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2741. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: 140 Carole Road, Southold, NY; bounded north by Hass, east by Arshamoma~ue Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct a 10' by 24' garage addition in the southerly sideyard area, leaving approximately 5'8" clear, and placing 8' doors at both ends of the garage for accessibility. The premises in question contains approximately 5,300 square feet in area, and fronts on Carole Road 50 feet wide. Existing on the premises are a~ one-story frame house and temporary storage building in the frontyard area, which storage building appellant has agreed to remove from the premises. During July 1980, appellant applied to this Board for a 12' by 24' garage addition, which had been denied without preju- dice on August 14, 1980. The Board at that time found that the lot coverage would be excessive of the 20% limit and that a smaller addition would be more reasonable under the circumstances. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the ~ariance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be ~ Southold Town Board of Appeals -26- November 20, 1980 served by the granting of the relief requested~ that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Joseph and Amelia Smulcheski be granted a variance to the zoning ordinance, Article III, Sections 1'00-31 and 100-32 for permission to construct a 10' wide by 24' deep garage addition in the sideyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the temporary storage building in the frontyard area be removed entirely from the premises; (2) That the garage addition is limited to 10' by 24' and limited to a one-story addition; (3) That the cement slab at the rear of the dwelling may not be improved or enclosed, but shall remain at ground level as exists. Location of property: 140 Carole Road, Southold, NY; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2759. Application of Kramer and DePetris Agency, Inc., 54985 Main Street, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60C(2)(b) for permission to place letters (identification signs) on side of building known as 54985 Main Street, Southold, NY; bounded north and east by Rich; south by S.R. 25; west by Ryan. County Tax Map Item No. 1000-62-1-5. After investigation and inspection, the Board finds and determines as follows: Appellant has appealed to this Board seeking a variance to place 9' black letters on side of building identifying "insurance'~ and "haircutter". There were no existing ground signs on the subject premises. The Board finds ano determines that the relief requested in relation to the Code requirements is not substantial; that if the ~ariance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be ~ Southold Town Board of. Appeals -27- November 20, 1980 served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Kramer and DePetris Agency, In~. be granted a variance in Appeal No. 2759 for permission to place 9'! black letters on the east side of building as specified in the subject application. Location of property: 54985 Main Street, Southold~ NY; bounded north and east .by Rich; south by S.R. 25; west by Ryan; County Tax Map Item No. 1000-62-1-5. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2757. Application of Charles and Margaret Mebus, 2145 Wells Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in s~de and/or front yard area at 2145 Wells Avenue (Road)~ Southold, NY; bounded north by Benson and West Hill Road; east by Benson; south by Edson and Wells Road; west by Wells Road. County Tax Map Item No. 1000-70-4-21. After investigation and personal inspection, the Board finds as follows: Appellants have appealed to this Board seeking a variance for permission to construct a 21' by 22' garage in the front and/or side yard area as shown on the plan submitted with the application (survey of R. Van Tuyl for appellants). The premises in question is an unusally-shaped parcel, with frontage along Wells Avenue of approximately 749.47' Existing on the premises is a 2-½ story frame house. The peculiar shape of the parcel and the contour of the land, as well as the yard interpretation of the Building Inspector, lend itself to approval of this variance. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. So~thold Town Board of Appeals -28- November 20, 1980 On motion by Mr~ Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Charles and Margaret Mebus be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct garage as applied for in Appeal No. 2757. Location of property: 2145 Wells Avenue (Road), Southold, NY; bounded north by Benson and West Hill Road; east by Benson; south by Edson and Wells Road; west by Wells Road. County Tax Map Item No. 1000-70-4-21. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2742. Application of William Hatfield, d/b/a Northeast Enterprises, Inc., New Suffolk Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81 for approval of parcel to be established with insufficient area and width at 6725 and 6775 New Suffolk Road, New Suffolk, NY; bounded north by Withers; east and south by School- house Creek; west by New Suffolk Road. County Tax Map Item No. 1000-117-5-28 and 29. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for approval of insufficient area and width, 5,600 square feet and 70 feet wide, respectively, of a parcel to be established in a C-zone at New Suffolk. Existing on the premises from which this parcel will be taken are several buildings: garage, shed, boat storage shed, show room, small frame building, office and another boat shed, and a two-story frame house on the subject parcel. Applicant states that he would be unable to sell the house and adjacent property without the granting of This variance; however, no documents were submitted supporting the statements. Applicant also states that the dwelling has been and is presently rented as a residence. This appeal being an area and width variance variance, it is incumbent upon the appellant to prove that a literal applica- tion of the Zoning Code would result in practical difficulties. Appellant is not required to prove unnecessary hardship as is in the case of a use variance. The courts had held that in determining the question of " r .... ~" a p actlcal difficulties board of appeals shoJld consider: (l) how substantial the variation is in relation to the require- ment, (2) the effect if the variance is allowed, of the increased population density thus produced on available govern- mental facilities, (3) whether a substantial change will be produced in the character of the neighborhood or a substantial detrTment to the adjoining properties created, (q) whether the ~ Southold Town Board of Appeals -29- November 20, 1980 detriment to the adjoining properties created, (4) whether the difficulty can be obviated by some method feasible for the applicant to pursue, other than a variance, and (5) whether in view of the matter in which the difficulty arose and considering all of the above factors, the interest of justice will be served by allowing the variance. Applying the above factors to this case, the Board finds and determines that the variance requested in relation to the Code requirements is substantial; that if the variance is §ranted, a substantial detriment to adjoining property will be created; that the difficulty can be obviated by a method feasible to the appel- lant other than a variance; and that considering all of the above factors, the interests of justice will be served by denying the variance applied for herein. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that William Hatfield, d/b/a Northeast Enterprises, Inc. be denied a variance to the zoning ordinance, Article VIII, Section 100-81, Appeal No. 2742. Location of property: 6725 and 6775 New Suffolk Road, New Suffolk, NY; bounded north by Withers; east and south by School- house Creek; west by New Suffolk Road. County Tax Map Item No. 1000-117-5-28 and 29. Vote of the Board: Ayes: Messrs. Douglass, Doyen and Sawicki. Member Goehringer abstained. Chairman Grigonis was absent. RESERVED DECISION: Appeal No. 2750. Application of Harry J. and Lillian A. Baglivi, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Location of properties: Nassau Point Road and Wunneweta Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road. County Tax Map Item No. 1000-111-4-32. After investigation and personal inspection, the Board finds as follows: Appellants have appealed to this Board seeking a variance for approval of the insufficient area and width of three proposed par- cels, 24,635 square feet, 20,630 square feet, and 20,620 square feet, and 101.36 feet, 100.28 feet, and 129.60 feet in width, respectively, located at Nassau Point and also known as Nassau Point Amended Map No. 156, Lots 168 and part of 169. There is presently erected on proposed Lot No. 2 (easterly half of Subdivision Lot No. 168) a one-story frame house; presently erected ox proposed Lot No. 1 (easterly half of Subdivision Lot No. 169) a garage and small shed. Appellants have stated their intention to construct an in-ground swimmingpool in Appeal No. 2751, simultaneously filed and heard withof Subdivision this varianCeLot~p, lication168), on proposed Lot No. 3 (westerly half Southold Town Board of Appeals -30- November 20, 1980 The Board is in receipt of two letters from the Suffolk County Department of Health Services indicating that Nassau Point has basic water-quality problems and a relatively limited water supply. The findings of the Board are that the lots proposed are undersized in a recommended low-density area and would have a detrimental effect on the surrounding area at Nassau Point. The creation of these lots would also set a precedent for the divi- sion of surrounding lots which are somewhat 40,000 square feet ih area. The Board determines that the variance requested in relation to the Code requirements is substantial; that if the variance is granted, a substantial detriment to adjoining property will be created; that the interests of justice will be served by denying the variance applied for herein. On motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that Harry J. and Lillian A. Baglivi be denied a variance to the zoning ordinance, Art. III, Sec. 100-31, Appeal No. 2750. Location of property: Nassau Point Road and Wunnewe~a Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road. County Tax Map Item No. 1000-111-4-32. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. RESERVED DECISION: Appeal No. 2751. Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct an in-ground swimmingpool in an area determined by the Building Inspector to be frontyard area due to appellant's property fronting on two public roads, Wunneweta Road at the west end and Nassau Point Road at the east end, at Nassau Point, Cutchogue, New York. Existing on the premises are a one-story frame house, garage and small shed. The Board agrees with the reasoning of applicant. Southold Town Board of Appeals -31- November 20, 1980 The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Harry Baglivi be granted a variance to the zoning ordinance, for permission to construct swimmingpool in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the pool not be constructed closer than 100 feet from Wunneweta Road at its nearest point; (2) That the pool not be constructed closer than 42 feet from the easterly side property line, as shown in the plan sub- mitted with appellant's application. Location of property: 3440 Nassau Point Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following matters be scheduled and advertised for public hearings to be held at the next regular meeting of this Board, to wit, December 4, 1980 in addition to those previously scheduled: Appeal No. 2762 Application of David and Carmen Olenick, 120 Park Avenue, Brooklyn, NY 11217 for a Variance for permission to construct fence in the frontyard area exceeding height limitations at 4255 S. Harbor La, Southoldo Appeal No. FA-4 Application of Harold and Hattie Stetler, 25 Mindrews Avenue, Brentwood, NY 11717 for a Variance to the Flood Damage Preven- tion Law, Chapter 46, Sections 46-7, 46-15 and 46-18 to construct basement (lowest floor) below the restricted 8-foot base elevation. S/s Wiggins Lane, Greenport. ~ Southold Town Board of Appeals -32- November 20, 1980 Appeal No. 2763 - Application of Edna R. Tonnesen, by Sidney Beebe as agent, Box 979, Cutchogue, NY for a Variance for permission to construct garage with an insufficient frontyard set- back in the frontyard area at 50 Bungalow Lane (a/k/a 1945 Marratooka Road), Mattituck. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. Matter of David and Carmen Olenick. Appeal No. 2762. WHEREAS, applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment; NOW, THEREFORE, IT IS RESOLVED, that in Appeal No. 2762, application of David and Carmen Olenick for a Variance for permission to construct a fence exceeding height limitations in the frontyard area at 4255 South Harbor Lane (a/k/a 185 Private Rd. #10), Southold, this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is required in the SEQRA standards of process by this department. [This declaration should not be considered a deter- mination made for any other department or agency which may be involved or any other project not covered by this application.] Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Chairman Grigonis. Matter of Harold and Hattie Stetler. Appeal ~o. FA-4. WHEREAS, applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment; WHEREAS, the subject property does contain an existing, func- tional bulkhead at least 100 feet in length along the water-lying edge and therefore would not appear to fall within the jurisdiction of the N.Y.S. Department of Environmental Conservation pursuant to Section 661.7 of Article 25 of the Environmental Conservation Law; NOW, THEREFORE, IT IS RESOLVED, that in Appeal No. FA-4, application of Harold and Hattie Stetler for a Variance to the Flood Damage Prevention Law, Sections 46-7, 46-15 and 46-18 so construct lowest floor (basement) below the restricted 8-foot elevation at the south side of Wiggins Lane, Greenport, New York, Southold Town Board of Appeals -33- November 20, 1980 this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a-significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is required in the SEQRA standards of process by this department. [This declaration should not be considered a deter- mination made for any other department or agency which may be involved or any other project not covered by this application.] Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Chairman Grigonis. Matter of Edna R. Tonnesen. Appeal No. 2763. WHEREAS, applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment; WHEREAS, the subject property does not appear to be located within 300 feet of tidal wetlands, and therefore would not appear to require permits from the N.Y.S. Department of Environmental Conservation pursuant to Sections 661.4(b)(1) and 661.7 of Article 25 of the Environmental Conservation Law; NOW, THEREFORE, IT IS RESOLVED, that in Appeal No. 2763, application of Edna R. Tonnesen for a Variance for permission to construct garage in the frontyard area at 50 Bungalow Lane (also known as 1945 Marratooka Road), Mattituck, New York, this Board determines that this project if implemented as planned herein is classified as a Type II Act$on, not having ~a~ s~gnificant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is required in the SEQRA standards of process by this department. [This declaration should not be considered a deter- mination made for any other department or agency~which may be involved or any other project not covered by this application.] Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Chairman Grigonis. Being there was no further business to come before the Board this evening, the Chairman declared the meeting closed at 10:50 o clock p.m. A??ROVED Respectfully submitted, ~[~nda F. Kowalski Secretary ) Southold Town Board of Appeals