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HomeMy WebLinkAboutZBA-08/14/1980Southold Town Board of Appeals -mOUTHOLD, L. I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS RE~ E ~ T'-W':-6~ L ~ S P ~ r', J ~ .,~CM4A4RMA~ CHARLES 3RIGONIS JR, Chairman SERGE DOYEN. JR. TERRY TUTHILL ROBERTJ. DOUGLASS ,.~ T N U T E S Gerard P. Goehringer SOUTHOLD TOWN BOARD OF APPEALS AUGUST 14, 1980 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, August 14, 1980 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Serge Doyen, Jr.; Terry R. Tuthill; Robert J. Douglass; Gerard P. Goehringer. Also present was Mike Stahl, reporter from the Suffolk Times. RECESSED HEARZNG: Appeal No. 2713. Application of Susan Hallock, Wells Road, Peconic, New York 11958 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of parcel due to change in lot line. Loca- tion of property: South side of Wells Road, Peconic, New York; bounded north by Wells Road, south by Richmond Creek, west by G.H. Wells Estate and Hallock, east by Foy. County Tax Map Item No. 1000-86-2-12.3 and 12.2. The Chairman reconvened the hearing at 7:35 p.m. MR.. CHAIRMAN: Is there anything that you wanted to add, Mrs. Hallock? One lot will have 38,000 square feet now, and leaves the one with the house on it now 48,000 square feet. The new lot will have 150 road frontage; and 265 and a couple of little curves on the creek side. The other lot has 195 feet on the road and 175 down on the wetlands, on the creek there. The lot with the house on it has 314 feet on the west side and 265 feet is the common line between the house lot and the new (revised) lot, and the new (revised) lot is 160 feet on the east Side. Is there anything else ? MRS. HALLOCK: No. MR. CHAIRMAN: Do any of the Board members have any questions? Hearing none, a resolution is in order to approve this. Subject to the Plannzng Board giving the final ok. Southold Town Board of Appeals -2- August 14, 1980 MEMBER TUTHILL: I so move the resolution to approve it. MEMBER GOEHRINGER: I'll second it. MEMBER TUTHILL: I think we should note for the record that there are smaller lots in the area. MR. CHAIRMAN: Yes. And thank you for coming in. After investigation and inspection, the Board finds that applicants pres~tlyhave two legal lots -- that of Daniel Hallock containing approximately 47,000 square feet in area and approximately 145 feet in width, and that of Susan Hallock containing approximately 40,000 square feet in area and ap- proximately 200 feet in width. Existing on the westerly parcel is a two-story frame house, and it is found that the septic system for the house is not within the boundary lines of that parcel. Applicant proposes the change the lot line between the two parcels to an angle as shown on the amended survey dated August 5, 1980, giving approximately 48,000 square feet in area and 195 feet in width to the westerly parcel of Daniel Hallock, and giving approximately 38,000 square feet in area and 150 feet in width to the easterly parcel of Susan Hallock. The Board does agree with the reasoning of the applicant. The Board finds the circumstances present in this case unique, and strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Tuthill, seconded by Mr. Goehringer, it was RESOLVED, that Susan Hallock be granted a Variance to the Zoning Ordinance, Appeal No. 2713 approving the insuf- ficient area of the easterly parcel (owned by Susan Hallock) of 38,000 square feet as:~shown on the amended survey dated August 5, 1980, SUBJECT TO THE FOLLOWING CONDITIONS: (a) That applicant obtain the appropriate approvals of the Southold Town Planning Board; (b) That this matter be referred to the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Location of property: South side of Wells Road, Peconic, New York; bounded north by Wells Road, south by Richmond Creek, west bY G.H. Wells Estate and Hallock, east by Foy. County Tax Map Item No. 1000-86-2-12.3 and 12.2. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -3- August 14, 1980 On motion by Mr. Grigonis, seconded by Mr. Tuthill, it RESOLVED, to approve the minutes of the regular meet- ing held July 24, 1980. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No, 2718. Application of Wilfred G. Gilman, Jr. and Kristine B. Gilman, 22 Scotland Avenue, Madison, CT 06443, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition with insufficient rearyard. Location of property: 12 Greenwood Road, Fishers Island, New York; bounded north by Baird, east by F.I. Ferry District, south by Congregational Christian Church, west by Greenwood Road; County Tax Map Item No. 1000-12-1-13.1. The Chairman opened the hearing at 7:40 p.m. by reading the appeal application in its entirety, legal notice of hear- ing and affidavits attesting to its publication in the local and official newspapers, Notice 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 copy of the tax map showing the surrounding lots. We have a sketch of the property, and the nearest corner of the deck proposed from the property line will be 14.3. MEMBER DOYEN: That's really a rearyard/sideyard. MR. CHAIRMAN: Right. Is there anyone here that wishes to speak for this? Is there anyone here to speak against it? (There was no response.) MEMBER DOYEN: Bob (Douglass) was over to look at it and he took some photographs of it. Do you have them, Bob? MEMBER DOUGLASS: I got away late so I didn't bring them but I definitely agree with the deck there. I took pictures of it; I have the pictures of it home; and I have pictures of the one or two houses down that we granted; and I have pictures of the extra space that the Ferry District has al- lowed them to use there. MR. CHAIRMAN: Ail right. Thank you, gentlemen. There are no other questions from any of the Board members? MEMBER DOYEN: I'll make a motion that it be approved. Southold Town Board of Appeals -4- August 14, 1980 MEMBER DOUGLASS: I'll second it. After investigation and inspection, the Board finds that applicant proposes to construct at deck in the side and rear yard areas at the residence known as 12 Greenwood Road, Fishers Island, New York, requiring a rearyard setback variance of 14.3' at the nearest point between the deck and the property line. The Board agrees with the reasoning of the applicant. The Board finds the circumstances present in this case unique, and strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that Wilfred G. Gilman, Jr. and Kristine B. Gilman, 22 Scotland Avenue, Madison, Connecticut 06443, be granted a Variance to the Zoning Ordinance as applied for in Appeal No. 2718. Location of property: 12 Greenwood Road, Fishers Island, NY; bounded north by Baird, east by Fishers Island Ferry District, south by Congregational Christian Church, west by Greenwood Road; County Tax Map Item No. 1000-12- 1-13.1. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2721. Application of Joseph and Amelia Smulcheski, Carole Road, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient sideyard. Location of property: 140 Carole Road, Southold, New York; 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 7:50 p.m. by reading the appeal application in its entirety, legal notice of hear- ing and affidavits attesting to its publication in the local and official newspapers, Notice 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 copy of the tax map showing the area and we have a survey with a sketch on it showing the addition that is proposed, which is to add a 12 x 24' Southold Town Board of Appeals -5- August 14, 1980 structure at the south end of the house or the present building which would bring it within three feet of the neighboring property line. Is there anyone here that would like to add to anything in the application? MR. SMULCHESKI: No, I have nothing to add. MR. CHAIRMAN: Is there anyone here that wants to speak against this application? (There was no response.) When we checked this out, Mr. Smutcheski, you're going to exceed the 20% limitations for construction on the area of your property. And that would have to be in a different type of an application to get a variance for permission to exceed 20% of the area, of the property. If this were to be approved. So, I would offer a resolution to deny this without prejudice, and see if you can come up with another application, Cha~ge.~the size, or some other-- MEMBER DOUGLASS: He needs some access to the back of the house. MR. SMULCHESKI: The extension I want to make, the addition, you're talking 20% of that? MR. CHAIRMAN: Your lot, it covers 20% of your area of your lot, the construction. And this will exceed the 20% of the square footage of your property. MEMBER TUTHILL: Before seconding the motion, I would like to ask Mr. Smulcheski a couple of questions. Is this to be a garage or for storage? MR. SMULCHESKI: It,s both. I mean, we need a lot of storage area, and I don't know right now what I'm going to put in there, but I do need the storage area. MEMBER TUTHILL: Does any other house on that road have a garage? MR. SMULCHESKI: No-- MEMBER TUTHILL: I didn't see any. MR. SMULCHESKI: But I know most of my~ neighbors are waiting for me, to see if I get approval because they too wanted to put in an application for the same thing. MEMBER TUTHILL: That's interesting, because those houses are all very close together down there. I think you'll agree with me on that, and to allow a garage of that size, or a storage area, whatever it may be, to me would be changing the character of the neighborhood and would establish a bad precedence because there is so much congestion in there at the moment. And I would have to Southold Town Board of Appeals -6- August 14, 1980 I'm actually speaking against allowing i tbecause I do think-- I am very familiar with that area and things are too close and the lots are too small. I would more or less be inclined to go along with a small utility shed because I can see that you do have a storage problem. But as far as the car is concerned, that's another matter because this is going to in my opinion change the nature of the neighborhood adversely so. I would like to agree with everybody and allow everything but in my conscious I can't go along with this one. So if we have a motion to deny it without prejudice, that means that you can come in with your revised proposal for a smaller building, and you probably should at the same time keep that addition down so that you do not exceed 20% of the lot area, and that would save making a separate application asking for two things. So I'll second your motion, Cha~lie, to deny it without prejudice. MEMBER DOUGLASS: I would just like to say one thing, and that's that you should, if you redesign it and you come back, you should be sure that you have access, to be able to get a vehicle into your rearyard area. The way it is on here there is no way of getting into the rearyard area for any- thing that might be needed. MEMBER TUTHILL: Are you thinking of fire equipment for one thing? MEMBER DOUGLASS: Yes. Anything. MEMBER TUTHILL: I think you're entitled to an explanation rather than just have us deny it. MR. CHAIRMAN: Jerry? MEMBER GOEHRINGER: It's fine with me. After investigation and inspection, the Board finds that applicant is requesting permission to construct a 12' x 24' addition in the southerly sideyard area, leaving approximately three feet to the south sideyard line. Existing on the premises are a shed, approximately 30 square feet in area, and an one-story frame house with patio. In calculating the area of the existing and proposed structures in comparison with the lot area of 5,300 square feet, it has been found that the structures would exceed 20% coverage of the lot area. It is the feeling of the Board that either a smaller addition or temporary structure would be more reasonable under the circumstances. The Board finds the circumstances present in this case are not unique, and strict application of the ordinance would not produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will change the character of the neighborhood Southold Town Board of Appeals -7- August 14, 1980 and will not observe the spirit of the zoning ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Joseph and Amelia Smulcheski, Carole Road, Southold, New York be denied without prejudice a Variance to the Zoning Ordinance, Article III, Section 100-31 as applied for. Location of property: 140 Carole Road, Southold, New York; 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. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2719. Application of Joseph Gajeski, by Richard F. Lark, Esq., Main Road, Cut- chogue, New York 11935, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and/or width, and a Variance to New York Town Law, Section 280-A. Location of property: Maple Avenue (Private Road No. 7), Southold, New York; bounded north by Cichanowicz, east by Maple Avenue, south by Jerome, west by Tobin. County Tax Map Item No. 1000-75-2-7 and 17. The Chairman opened the hearing at 8:00 p.m. by reading the appeal application in its entirety, legal notice of hear- ing and affidavits attesting to its publication in the local and official newspapers, Notice 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 section of the County Tax Map showing the area. We have a survey by Van Tuyl showing the two lots as they are set off and the buildings. Is there anyone here that would have anything to add to what is in the application. Mr. Lark? RICHARD LARK, ESQ.: Richard Lark, Main Road, Cutchogue. The first thing I would like to address myself to is the approval of the access under 28G-A of the Town Law. As you can see from the map you have as Exhibit A and also the Tax Southold Town Board of Appeals -8- August 14, 1980 Mr. Lark (continued): Map, the zoning maps attached, the land to the north is farmland. And I was involved a couple of months ago, which is now labeled as Cichanowicz, who bought from a Wiepynski the old Gajeski farm. And at the closing the question of access, legal access on this "Maple Avenue" came up. Gajeski wasn't involved with the closing, but when I got in contact with him, he said, "Heck. I've been living there since 1927 and there has never been a question on it. Why now?" As it turns out, that road had never received any approval from anybody, even though it has been there probably sometime after the turn of the century. Because as the Board knows, that's an old established neighborhood; and there turned out curiously that there are gas and-electric poles on the side and gas in the street there on "Maple Avenue" there. And there was some problems with the sale to Mr. Cichanowicz because they were concerned about their legal access. But we were able to assure them that there was, but as it turned out, they couldn't get electric back there because LILCO, even though they had the electric and the gas there did not have an easement. So my first project on this thing was to get the Long Island Lighting Company an easement, back in March of 1980, to get that straightened out. Then I promised Cichanowicz that, as you know, Joe Gajeski acquired the Stelzer piece and he was going to make an application once he could get things squared away. And I said one of the first things I would do would be to get approval of the access from the Board of Appeals so that everybody bordering on that street, which has been there for I guess over 50 years; and I think there is even a town sign there. Joe says they even plow it, for one reason or another. But apparently from when the ordinances went in, it was an oversight. And I can see why. Because when the County did their tax map, they've only got the road as 33, 34 feet wide, if you will look at it. Whereas in reality Van Tuyl has surveyed it from all the existing gates as being 68.81. So as I said, there was no problem giving LILCO a ten-foot easement, and so on and so forth, and there is just all kinds of room. And as you have been down there, the road is fairly developed in the sense that it's probably as good as some of our paved surfaces we have in Town. And it has caused no problems. So that's the first thing. But I wanted to explain it was just kind of apparently over the years, and when we got into zoning in the late 50's and then the amendments in the 60's and early 70's, this just apparently was an oversight. So that's to correct that. Now, you've read the application and you've seen the property; and I won't dwell on it. When Joe's original deed, as I say he has been living there since 1927 when he got it from the family in the estate, he only had 106 feet on"Maple Avenue," he .only had 106 feet. And as it works out, the 106 feet, if you would scale it off on Exhibit A and run a line back, which his original lot was, it puts it right up hard against those sheds over there; and virtually leaves him no sideyard against his house. So he had an opportunity to acquire what is called the Stelzer piece, which is this piece Southold Town Board of Appeals -9- August 14, 1980 Mr. Lark (continued): north of the pencil line there. And I said to him, I had the survey on that when he bought it, and Joe at the time when he bought it was questioning whether he should put the lot in one Of his relatives' names so he could keep the old game of separate and distinct ownership. You can see it right where that lot line went, right up hard against those things. And I said, "No. Take it all in one because,~ I said, "You want to really keep it and what you really want to do is kind of widen out this lot somewhat, your residen- tial lot here," where he lives, "to make it a decent lot, give yourself some breathing room, be able to move that hedgerow that you know is there, move it over, and have yourself a decent lot." And he kept saying, "Well I don't need all this property, and the barn is too good to tear down. And I've got an opportunity to lease out the barn so they can use it for storage and farming purposes," and so on and so forth, "and I no longer farm." So hence the plan to develop the two lots, which you have as the appli- cation before you -- lot No. 2 which would be his retained lot, which would have 150-foot width, and lot No. 1, which if it ever was built upon with a residence, the residence would no doubt go back into this area, and I don't mind any kind of a reasonable restriction by the Board, whereas not to allow a residence to be built so many feet from the road, because then you would end up with 150-foot lot width back here. You cculd build a decent situation back here. And it would leave nice access to that. Because I think the Cichanowicz piece is a long-time in ever getting developed for the simple reason that he is putting nursery stock in there. And putting quite an investment in there, so I think that's a long-term situation as you know with a nur- sery-type situation there. So I think it's a reasonable use of what he's got there. As you know from the Tax Map and looking at the rest of the parcels in there, they are all pre-zoning as you know, and they're all owned, some of them real postage-stamp lots, which are already .built upon. The neighborhood is going nowhere. It's developed, if you're going to say it. And the Cichanowicz piece to the north, you know, which is a large 48 acres or so, something like that, I don't think anything will become of it because of the, as I say, he's putting in an extensive program on nursery stock. And this would enable Mr. Gajeski the applicant to have a nice-size residential lot for himself, which is in conformity with what's there. And also, even though I personally do not like flag lots, there was just no other way, and to keep any kind of conformity with this, other than due this. And as I said, if the Board feels that, all right they'll go along with his application but we don't want a house put up here, just perpetuate everything, any house would have to be built back so many feet, that's perfectly reasonable because the intent is a house would go in this area here, which is where the house should go if one is ever built here. You know. Southold Town Board of Appeals -10- August 14, 1980 MEMBER TUTHILL: And use this only for access then. MR. LARK: Access, sure. Because there is plenty of access. You could get a nice drive-- MEMBER TUTHILL: Because you're way under on road front- age. MR. LARK: Oh, sure. But see, the zoning ordinance is not road frontage. It's the width of the building lot. So you would have it back here no matter how you did it, and you could orient the house in such a fashion, and with the land- scaping and everything it would be a nice residential lot, and you would have yourself a nice ingress driveway there. So that's what the intent is. I won't repeat what is said in the application, except to say that the request, the variance being requested here is not substantial when you take the neighborhood into consideration. As to lot size and everything. MEMBER GOEHRINGER: He picked up, what, about 45 feet here, Mr. Lark? MR. LARK: Pardon? MEMBER GOEHRINGER: He picked up about 45 feet. MR. LARK: Right. He wants to add to make it -- it could have just as well been 160 as opposed to 140, but to make it a legal width here, right. He only had in his originaly 106 feet, which I have the deed right here, which would put it hard, as I say, you can see it right here -- MEMBER GOEHRINGER: Are there any other present plans for the barn as-- MR. LARK: They just.utilize it for storage at the Present time. It is a good barn. MEMBER GOEHRINGER: Yeah, it's a beautiful barn. MR. LARK: But whether or not it can be converted into a residence, I don't know, but that would be -- and he has no plans for that. In fact a fellow by the name of Ed, or Joe? MR. GAJESKI: Eddie. MR. LARK: Eddie Brush is using it right now to-- MR. CHAIRMAN: In fact I know a fellow who would like to buy the barn! MEMBER GOEHRINGER: It's an impressive barn. It was really super-im)ressive. Southold Town Board of Appeals -11- August 14, 1980 MR. CHAIR~_AN: He fell in love with it yesterday. MR. LARK: So, it's trying to make the best of somewhat of a bad situation, in that even though Joe, Mr. Gajeski had more property here, he was cramped, as you can see. Not only from an air point of view but, you know, from a space point of view. And his living area is up in there, so this does straighten that out. But it would put an undue burden on him to carry the whole thing, and there is really no point in it when everything else is small in that neighborhood and it doesn't look like any of this is going to be developed in the foreseeable future. He wants to strictly grow nursery crops out of there, which would be a long range. MEMBER TUTHILL: Actually you've only got one flag lot, not five. But what they tried to do years ago would be to put five strips in, into big rectangles. I don't see anything wrong with this myself. MR. LARK: Except that you might want to put in, I told Mr. Gajeski, I think that you might want to put a reasonable restriction, which I think is reasonabls on Lot 1, that some yo-yo doesn't try to stick a -- MEMBER TUTHILL: Would you say 175, not less than-- MR. CHAIRMAN: Well, 175 back to there. MR. LARK: Yes, and get yourself a decent width. Because that would, that is just going to compound it. And you don't want it either. Do you see what I'm talking about? If this were ever built on with a residence, you couldn't build it closer than that line. And you wouldn't want that either. MR. GAJESKI: I don't want that either, no. It would be all my life I would keep living there, and use it for a barn, you know? MEMBER TUTHILL: I go along with it, with the condition that nothing be built closer than 170' from Maple Avenue. West of. MR. LARK: It would be west, that's right. MEMBER GOEHRINGER: I'd like to add to that if I could. Also, based upon the Planning Board's approval. MR. LARK: I understand with your new procedure now that he has to go get subdivision approval. MEMBER GOEHRINGER: Well, I think that the plan is certainly justified. I feel, however, that the Planning Board should look at it with a site-plan point of view. MR. LARK: Well, there are no present plans to build. Southold Town Board of Appeals -12- August 14, 1980 MEMBER GOEHRINGER: No, they have certain feeling about the flag-lot situation. MR. LARK: Ok. MR. CHAIRMAN: So I'll offer a resolution with the conditions we've just mentioned, and subject to the Planning Board. MEMBER TUTHILL: I'll second it. MR. LARK: How about approval of the access? MEMBER DOUGLASS: The access has to be built to the specifications. MR. LARK: That road is better than some of our highways. They plow it in the winter. Who is going to build it? MEMBER DOUGLASS: You can build it. MR. LARK: Everybody uses it. Cichanowicz runs equipment over there. MR. CHAIRMAN: That road has been there, must have been when I was five years ago, we used to go up Nellie Williams for ice cream. MR. GAJESKI: In 1927 the road was there, and I don't know how many years before that. MR. LARK: When I got approval of Miami Boulevard, the Board felt that, that was a lot narrower and nowheres in the condition of this place. The Board felt that since it was an existing thing used by existing homes, it's not brand new like you're cutting things in. The Town even plows this. MR. CHAIRMAN: I always thought this was a Town road. MR. LARK: Everybody did until we started to check the legalities of it. MEMBER DOUGLASS: Well you're talking about something different than I,m talking about. MR. LARK: I'm just asking for 280-A approval under the Town Law of the State of New York. MEMBER DOUGLASS: To which lot, to his lot? MR. LARK: The whole Maple Avenue. You have ik in the survey. MEMBER DOUGLASS: Yeah. Right. MR. LARK: Sixty-eight feet wide for a distance of -- Southold Town Board of Appeals -13- August 14, 1980 MR. CHAIRMAN: This has never been approved by anybody. MEMBER DOUGLASS: Oh, that's never been accepted by anybody? I was talking about in here (interior egress and ingress for back lot). MR. LAR~: No, no. TLR. CHAIRMAN: Anywhere from the Main Road back. MR. LARK: 471 feet. MEMBER DOUGLASS: I'm not talking about that. I'm talking about any access that has to be in there. MR. CHAIRMAN: Well, if he builds he is going to have to build 175 feet back. MEMBER DOUGLASS: Right. And he has to have access. MR. LARK: I'm not arguing about it, talking about that. I'm talking about way up here. This is where I'm talking about approval of access, the whole thing. I just put it in the application. MR. CHAIRMAN: If Joe decided to sell his house and everything, some of them would have to come in for the approval. MEMBER TUTHILL: You want to make something legal that's been a practical matter. MR. LARK: Precisely. And I told Cichanowicz-- MEMBER DOUGLASS: Why don't you turn it over to the Town? Maybe they could take it. MR. LARK: Well he could take it by user, if he wanted. MEMBER DOUGLASS: Because if they have been maintaining it. MR. LARK: Do they pave it? M/~. GAJESKI: Once in a while they plow it, but very seldom. We take care of it ourselves. MR. LARK: You laid it, and-- MR. GAJESKI: Yeah, whatever we had to do, we took care of it. Once in a while if you get a big snow storm they come in, you know, after we called them, and say they've gone up-- MR. LARK: It's got an official sign out in front, but it turns out it's not an official road. Southold Town Board of Appeals -14- August 14, 1980 MEMBER DOUGLASS: But it's 68 feet wide. MEMBER TUT~ILL: He's not the only property owner along Maple Avenue. MR. LARK: Oh, sure. MEMBER TUTHILL: So it isn't just his-- MR. LARK: No, no, nc. In fact it's one, two, three, four, about five, and then Cichanowicz, six. MEMBER TUTHILL: Right. MEMBER DOUGLASS: I did, too. MR. LARK: So did I, until it came up in the Cichano~wicz closing, which Joe wasn't involved with. He wasn't involved with it. MR. GAJESKt: Years ago, that's all they done on the thing. They didn't give a damn. It was just a road and forget it. You bought a piece of property, forget it. ~MBER DOUGLASS: Well that's like they tried to say King Street in Orient is a Town road, and it's not. My great-grandfather gave it to the Town, the Town never accepted it. And everybody on the road still owns to the center of the road. MR. CHAIRMAN: I'll make a motion to approve the access. MEMBER TUTHILL: Ok. I'll second you~ motion to approve the access. MR. CHAIRMAN: The motion has been made and seconded to approve the access. MEMBER DOUGLASS: And make sure you say Maple Lane-- MR. LARK: Maple Avenue. MEMS~ER DOUGLASS: Maple Avenue. After investigation and personal inspection of the premises, the Board finds that applicant purchased two parcels of land located on the west side of Maple Avenue (Private Road No. 7), Southold, which became merged as one parcel when the properties were conveyed into the same ownership. Proposed Lot No. 1 will have 38,582 square feet of area and 66.50 feet in width, add has an existing barn. Proposed Lot No. 2 will have 25,087 square feet of area and 150 feet in width, and has an existing two-story Southold Town Board of Appeals -15- August 14, 1980 farm house, two sheds, and a garage. Also, the access road, known as "Maple Avenue", has been preexisting of zoning, is approximately 68.81 feet wide, and is suitably improved for egress and ingress to the subject parcels. The Board agrees with the reasonings of applicant. The Board finds the circumstances present in this case unique, and strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Joseph Gaj~sk~, by Richard F. Lark, Esq., Main Road, Cutchogue, New York 11935, be granted Variances to: (a) the Zoning Ordinance, Article III, Section 100-31 approving the insufficient area of two p~cposed parcels as applied for, to wit, 38,582 and 25,087 square feet, and approving the insufficient width cf Let 1 as applied for, to wit, 66.50 feet; and (b) New York Town Law, Section 280-A approving the access, as applied for, in Appeal No. 2719 dated July 11, 1980, SUBJECT TO THE FOLLOWING CONdi- TIONS: (1) That applicant obtain approval from the Southold Town Planning Board concerning the division of this property; (2) That no structures be built within 170 feet from Maple Avenue into "Lot No. 2." Location of property: Maple Avenue (Private Road No. 7), Southold, New York; bounded north by Cichanowicz, east by Maple Avenue, south by Jerome, west by Tobin; County Tax Map Item No. 1000-75-2-7 and 17. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2720. Application of John Kramer, 6 Klm Avenue, Smithtown, New Yc~k, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with insufficient frontyard setbacks and insufficient sideyard setback. Locs- tion of property: Corner of Harbor Lights Drive and Windjam- mer Drive, Southold, New Yc~'k; bounded north by Harbor Lights Drive, west by Jones, south by Zic, east by Windjammer Drive~ County Tax Map Item No. 1000-71-2-20. The Chairman opened the hearing at 8:30 p.m. by reading the appeal application in its entirety, legal notice of hear- Southold Town Board of Appeals -16- August 14, 1980 lng and affidavits attesting to its publication in the local and official newspapers, Notice 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 copy of the tax map showing the area, and a plan showing the proposed dwelling on the lot. Is there anyone here that wishes to add or explain some of the statements in the application? JOHN KRAMER: I've probably said too much already. Basically, I've got a bedroom corner on Jones' side, and the roof of a carport on the road side. MEMBER TUTHILL: Is. Jones the old Coleman Estate? MR. KRAMER: That's the big house. Yes. And I might add, I've gone over this with Jones and his wife, and they don't have any objection to it. MEMBER TUTHILL: And your lot is part of the original Coleman that was cut off? MR. KRAMER: That's right. This was the rose garden for the big house, and I'm going to continue that as a formal garden, and that'll be the back-- MEMBER TUTHILL: Within the wall? MR. KRAMER: Within the wall, yeah. There's a fountain on Windjammer Drive built into the wall there, and that'll be a formal garden. And that's be main entrance to my house. MEMBER GOEHRINGER: Could we have the square footage of the house? There were no dimsnsions on it. MR. KRAMER: I think it's 1288 feet (square). MEMBER GOEHRINGER: Do you have any idea what the square footage of the garden area is, what is that a six or a five- sided? MR. KRAMER: I've run a tape across it and it's roughly 45 feet from flat wall to flat wall. Let's say the diameter is about 45 to 50 feet. MR. CHAIRMAN: Your lot length is about 195 feet, I think. MR. ~RAMER: Yes. MEMBER TUTHILL: It's 100 feet wide. Southold Town Board of Appeals -17- August 14, 1980 MR. KRA/~ER: It's 100 feet wide and 195 feet deep. MEMBER TUTHILL: It makes it 19,500 square feet. (At this point in time, the Board members were trying to calculate whether the existing and proposed structures wculd exceed 20% of the lot coverage.) MR. CHAIRMAN: We're trying to figure the 20% business. M~MBE~ GOEHRINGER: Do you have any idea how big the carport is? MR. KRAMER: I could call the architect if you want? ~MBER DOUGLASS: You don't have a drawing of the house? MR. KRAMER: No, I don't. We sat back with them and we figures this out, and we made up a rough plan, but I told him not to go any further with the designs or anything until we get approval for these dimensions. Originally I planned a one-car garage, and then i decided that I'd sooner have protection for two cars on an open-carport basis rather than a one-car garage. MR. CHAI~_AN: Do any of the other Board members have any questions on this? MEMBER TUTHILL: Well, for the record I would like to have the square feet in the house and the square feet contained within the brick wall. MEMBER DOUGLASS: We just got that. MEMBER TUTHILL: ¥ou~igured it within the brick wall? (The Board members calculated 3,621 square feet with the carport, roughly, and the 20% limitation of lot coverage to be 3,900 square feet.) MR. CHAIRMAN: And that's all the could be built on that lot. MR. KRAMER: Right, Jones owns to my line and then own to the corner. We're the only-- MEMBER TUTHILL: To the south of you there is nothing available there. MR. KRAMER: Zic's lot is behind me. Tony Zic. MEMBER TUTHILL: Is that a building lot? MR. KRAMER: Yes. Southold Town Board of Appeals -18- August 14, 1980 MEMBER TUTHILL: There's no house on it. MR. KRAMER: No house on that one. That's about a 40,000 square-foot lot. MEMBER TUTHILL: Are there lots adjoining Zic vacant? MR. KRAMER: Yes. MEMBER TUTHILL: They are also built to the lot. MR. KRAMER: Yes. MEMBER TUTHILL: So conceivably you could within that block have half a dozen houses rather than just for two. MR. KRAMER: Behind me, they'll be facing Windjammer. Not on Harbor Lights Drive. MEMBER TUTHILL: They would all have to face Windjammer? MR. KRAMER: They would all be on Windjammer. And the distance from my house for instance, Zic, would be over 100 and something feet, would be darn near 200 feet to any house that Zigler built. Those lots are 100 feet on Wid- jammer, 400 feet deep, 100 feet each on the road. As a matter of fact my house would be almost 100 feet to my rear property line. MEMBER GOEHRINGER: Mr. Kramer, I'm sorry. I was calculating -- did you say that lot in the rear is separately owner other than the neighbor on the opposite side and your- self? That is a buildable lot, that's correct, isn't it? MR. KRAMER: Yes. Where it says "site plan." That's a 100 by 400 lot. There are two of those. And then there's an existing house owned by Platt. MEMBER GOEHRINGER: Yeah, down on the corner, right. ~MBER TUTHILL: And there's another one between Zic and the existing house, which is back on Windjammer. MR. CHAIRMAN: Do you have any other questions you would like to ask Mr. Kramer? MEMBER GOEHRINGER: Just for the point of view for the calculations, you are considering that wall a part of the square footage and you cannot exceed more than 20% of the lot coverage. Ok? MR. KRAMER: You're considering that the existing structure is part of the -~ MEMBER GOEHRINGER: Wall. The wall itself is a part Southold Town Board of Appeals -19- August 14, 1980 of the 20% lot coverage. Just so you understand that. And that's why we have been calculating, to see that you do not exceed-- MR. CHAIrmAN: We took it up with %he attorney yesterday afternoon. I really didn't believe it would be considered that way. But he thinks it should be. MEMBER TUTHILL: As a structure. According to the Code. MR. KRAMER: Even though it's an existing~structure. MEMBER TUTHILL: Even though it's just a wall. MR. KRAMER: So, does that-- MEMBER TUTHILL: That's why we went into the arithmetic. MR. KRAMER: So does it exceed the 20%? MEMBER TUTHILL: It looks like you're all right. MR. CHAIRMAN: So far. We're going to reserve decision on this as soon as you can get the actual square footage-- MR. KRAMER: For the house? MR. CHAIRMAN: And the carport. MEMBER GOEHRINGER: And the wall. MEMBER DOUGLASS: to look at. MEMBER TUTHILL: and within the wall. MR. KRAMER: Ok. me that. MEMBER TUTHILL: within the wall. MR. KRAMER: Because I've had it surveyed before the architect. MEMBER TUTHILL: Well I don't care who does it. As long as we get it for the record. MR. CHAIRMAN: John, our next meeting will be two weeks from tonight. If you can get that stuff to us and everything, we could wind it up for you then maybe. Would that be all right? MR. KRAMER: Well. How late are you going to be here, The whole thing together. We would like to have that rough sketch The square footage of the house, carport In fact I think a phone call could give A survey would probably-- You mean Southold Town Board of Appeals -20- August 14, 1980 because I think I can get the square footage of everything in about 10 minutes. MEMBER DOUGLASS: I want to see the plans. MR. CHAIRMAN: Well, Bob says he would like to see a plan of it. MEMBER TUTHILL: I think we should have it for the record. MR. KRAMER: Ok. So how detailed a plan-- MR. CHAIRMAN: Sketch showing us the square footage of the buildings, and-- MR. KRAMER: Ok. Is'there anything you want to see other than what you're stating now, other than square footage? I mean, is this plan detailed enough. Ground area, ground floor square footage of the house and the carport and the proposed greenhouse. MR. CHAIRMAN: Yes. MEMBER TUTHILL: The area contained within the wall. MR. KRAMER: And then the remaining area contained within the-- MEMBER GOEHRINGER: Right. MR. KRAMER: Ok. So I don't have to buy another survey, just figure out the square footage. M~MBER GOEHRINGER: Yeah, and some dimensions. For the permanent record. MR. KRAMER: Ok. That's no problem. MR. CHAIRMAN: I'll offer a resolution closing the hearing and reserving the decision until Mr. Kramer comes up with the information. MEMBER DOUGLASS: I'll second it. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to reserve decision in the matter of John Kramer, in Appeal No. 2720, pending written receipt of the square footage of all existing and proposed structures on the subject property. Southold Town Board of Appeals -21- August 14, 1980 Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2722. Application of Marian DiCristina Hendrickson, by Robert W. Gillispie, III, as agent, North Smith Drive, Southold, New York, for a Variance to New York Town Law, Section 289-A for approval of access. Location of property: South side of North View Drive, Orient, New York; bounded north by North View Drive, east by DeMaria, south by DeMaria, west by Tuthill; County Tax Map Item No. 1000-13-3-1. The Chairman opened the hearing at 8:50 p.m. by reading the appeal application in its entirety, legal notice of hear- ing and affidavits attesting to its publication in the local and official newspapers, Notice 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 of the County Tax Map showing the access off North View Drive and the applicant's lot and the surrounding area. Is there anyone here that wishes to add to this application? Bob? Do you have any- thing to add? ROBERT W. GILLISPIE, III: I don't think I have anything to add. MR. CHAIRMAN: Do any of you Board members got some more questions? We were down there, and we came, how far would you say, Bob, you worked there one time or another. How far is that access improved away from this property. How much is left? MEMBER DOUGLASS: Well, it's improved 1600 feet from the incoming road. North View is improved past Hass', 1600. MEMBER TUTHILL: How far would you say, from front of this house was improved? MEMBER DOUGLASS: 300 feet, I guess. MEMBER TUTHILL: To say improved, I mean hard-surfaced. MEMBER DOUGLASS: 300 feet. MEMBER GOEHRINGER: It shows it as 201.6 feet, plus the width of this road. MEMBER DOUGLASS: Right. To the first drive. Southotd Town Board of Appeals -22- August 14, 1980 ~MBER GOEHRINGER: Yeah. To the edge of the property. MEMBER DOUGLASS: Right. MEMBER TUTHILL: Well, there is an association down there, is there not? MR. GILLISPIE: Yes. MEMBER TUTHILL: Which takes care of improving the road and so forth? Because in addition to the road access itself, it's going to have some condition that the branches and so forth of the trees be trimmed to a minimum width of probably 15 feet, because even if the road was 100 feet width you can't get through there because nobody trims back the limbs, and I don't know whose responsibility that is. I think you know what I am driving at. MR. GILLISPIE: Mr. Tuthill, Mrs. Robinson is here as a representative of the Association, and I believe she is on the road committee? MRS. ROBINSON: Yes, I am replacing Mr. Huggard, who was the road commissioner last year and the year before that. So both of us are representing Brown's Hills Estates, and Mr. Douglass has been doing the work during the past two years. And we are here just to find ou~ what it is that is needed. MEMBER DOUGLASS: What is the width that was set aside for roads on that north side? MRS. ROBINSON: Up to about our, up to about Hass' house it was 33 feet, I believe, and then when Doug developed he went 50 feet. MR. CHAIRMAN: Yes. It's almost doubled. MEMBER DOUGLASS: Yes. I know it goes ou~ a long way past where they -- MRS. ROBINSON: Some of the roads have been in existence since '48. And we didn't have any zoning since then. MR. CHAIRMAN: When you're down there, it looks like we've just reversed around it. The 30-foot would be up this end, and the 50-foot back where it's improved. MEMBER DOUGLASS: It grows in like that. And up in that area it's never had much done to it. MR. CHAIRMAN: Is there anyone here that wants to speak against this application? (There was no response.) Well, like Mr. Tuthill said, and I think everybody on the Board agrees with him, that it's got to be cut back, so a fire Southold Town Board of Appeals -23- truck or anybody went it, the people by the limbs and things. August 14, 1980 wouldn't get swept off MRS. ROBINSON: Mr. Douglass and II have an appointment a week from tomorrow to fix this up, and then I'll take it up with the Association. ~ MEMBER TUTHILL: Also, where the limproved section stops that road will have to be improved ac=ording to our specifica- tions, will it not? MR. CHAIRMAN: MRS. ROBINSON: oiled? Yeah. Right. Do you mean by th MEMBER TUTHILL: Not necessarily. (Secretary handed Member Tuthill road improvements.) MEMBER TUTHILL: I can read it to road shall have a width of not less t access road shall be cleared of all t obstructions to a wSdth of 15 feet. be improved in either of the followin is what I am getting at now, "shall b minimum depth of four6 inches of packe so as to afford access for emergency at that it has to be We have a whole-- ~onditions set for you. "Such access %an 15 feet. Such tees, brush and other ~uch access road shall methods, "and this surfaced with a 3/4" stone blend lehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of a packed-blend to a depth of 4 . And this we will give you a copy. Or, "(b), the access road shall have top soil removed to a depth of 8" and then filled with 8" 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 the alternative oiled with a minimum of 4/10ths of a gallon of road oil per square yard." Now these conditions are all put in here basically for emergency services so that if there is an emergency the people that care of emergencies can get there. MRS. ROBINSON: Does Mr. Douglass have a copy of this paper? SECRETARY: Mrs. Robinson can have this copy. MEMBER DOUGLASS: No, I don't have anything but you can get one. MEMBER TUTHILL: This one you can have. Do you have copies of them? SECRETARY: Yes, I do. Southold Town Board of Appeals -26- August 14, 1980 MEMBER TUTHILL: I think part of it is the Town Engineer has to check it. MR.-CHAIRMAN: Someone in the Building Department checks it out, whether a C/O is issued. MR. GILLISPIE: Well if we miss the next meeting, which would be two weeks from tonight, would it be two weeks after that that we have to come in for this. MR. CHAIRMAN: We could approval it with these conditions. No C/O will be issued or anything like that until the road is done. SECRETARY: But you don't have to come back here, you have to come back to the Building Department. As soon as it's done, you go to the Building Department. MR. CHAIRMAN: Yes, notify Mr. Fisher, and they'll have somebody out there to check it out. MEMBER DOUGLASS: They shouldn't have to come back. MR. CHAIRMAN: No, they shouldn't have to come back. MEMBER TUTHILL: No, I'd be willing to make a motion right now. I'll offer a resolution that the access be approved subject to the following of these stipulations as to how it is to be improved, and approval then by the Building Department, which you would need in any event. MR. CHAIRMAN: I'll second that resolution. MR. GILLISPIE: What conditions are being asked for? MEMBER DOYEN: The ones that were read. MEMBER TUTHILL: You can take this, Bob. (Mr. Gillispie received a copy of the conditions read earlier in the hearing.) MEMBER GOEHRINGER: Terry, are you going to put any foot- age in that? MEMBER TUTHILL: It says 15 feet. MEMBER GOEHRINGER: No. Length. MEMBER TUTHILL: To the neighbor. MEMBER DOUGLASS: Don't put any footage on it-- MEMBER GOEHRINGER: Because you don't know exactly where it is. MEMBER TUTHILL: The furthest part of the driveway, horse-shoe driveway. Up to the western driveway (of applicant). Southold Town Board of Appeals 324- August 14, 1980 MEMBER TUTHILL: So you can Robinson. AnY approval would ha~ we are imposing on all those typ~ there are too many now that have could be a very serious situatio~ famine, pestulence, what have yo~ ~ave this right tonight, Mrs. 'e tolbe based on those, which of roads. Unfortunately existed for years where there in ~he event of fire, or MR. CHAIRMAN: If there are no further questions or informa- tion, I'll- excuse me, go ahead Bob (Gillispie). MR. GILLISPIE: Mr. Tuthill, do you find that this road does not meet these specifications at this time? MEMBER TUTHILL: That's correct. According to these specifications. You may call me Terry, Bob. MR. GILLISPIE: Terry, clearing the would not be sufficient to meet your requirements? brush MEMBER TUTHILL: Well as a p~actical matter I would be satisfied; but I think we have to stick with what we have stuck everybody else with, on ro~d surfaces. How do you feel about that, Bob? I know you're in a -- MEMBER DOUGLASS: I'm neutral on it. I won't even vote on it. MEMBER TUTHILL: Well, I think that's probably your situation right. Asking the other Board members how they feel about it, we find it quite ~assable and it has been passable for years. Of course, %his type of restriction is not the most expensive thing in the world to put in stone blend, right on top of what's there. And it'll be a benefit to the neighborhood. MRS. HENDRICKSON: I know in Brown's Hills road planning, they have a three-year plan. In one year they do the main road, and the next year they do the south road, and then the next year they do the north road. Now, I should that that would probably be on the agenda for the next thing to happen on the road. MEMBER TUTHILL: If this isn't the first thing on the agenda for them, why not shift it so you do this in small section first which would allow us to go ahead and approve this. MRS. HENDRICKSON: Right, I think-- MRS. HENDRICKSON: Because you can put four inches of stone blend right over what you've got there, and you'll have a road that will last for the next century. Southold Town Board of Appeals -25- August 14, 1980 MR. GILLISPIE: How many feet of road are w~ talking about, Terry? MEMBER TUTHILL: I think Bob figures it's about 600 feet. Is that correct, Bob? MEMBER DOUGLASS: No, no. I said it's about 300. It's 200 and some to their property lines, so it's about 300 total. MR. GILLISPIE: About 300 feet? MEMBER GOEHRINGER: Yes. MEMBER DOUGLASS: It's about 300 to where Amburg starts, I think, from where they improved it before. MEMBER TUTHILL: Well how far is it to this property they're talking about that's-- MR. CHAIRMAN: It's in here, Terry. It's 200 and some odd-- ~MBER DOUGLASS: Somewhat over 200. MR. CHAIRMAN: It's 201 feet, and this is their property, and their driveway is in here somewhere. MEMBER TUTHILL: You're talking about, maybe 250 feet? MEMBER GOEHRINGER: Yes. MR. CHAIRMAN: That's about right. MEMBER TUTHILL: Because you would need it to the driveway. At least to the west driveway. So we're not talking about a big deal really. 250 feet. With the 3/4 stone blend on the existing surface. MR. GILLISPIE: Does the Board feel that they can grant approval of access for this tonight? MEMBER DOUGLASS: It could be approved tonight. MEMBER TUTHILL: With these conditions and with keeping the treeS-trimmed. MR. CHAIRMAN: You wouldn't get a C/O until it was inspected and the work had been done. Southold Town Board of Appeals -27- August 14, 1980 After investigation and personal inspection, the Board finds that applicant is requesting approval of access to a parcel of land which has preexisted zoning and located at the south side of North View Drive, Orient, New York. Upon inspection of the road and the premises, the Board found the road to be improved satisfactorily up to approximately 200 feet east of the subject parcel. It is the consensus of the Board that the access road should be improved at least as far as the westerly driveway of the subject parcel. The Board finds the circumstances present in this case unique, and strict application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Tuthill, seconded by Mr~ Grigonis, it was RESOLVED, that Marian DiCristina Hendrickson, be granted approval of access, New York Town Law Section 280-A, in Appeal No. 2722, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the access road shall have a width of not less than 15 feet; and shall be cleared of all trees, brush and other obstructions to a width of 15 feet; (2) That thel access road shall be improved in either of the following methods: (a) Such access road shall be surfaced with a minimum depth of 4 inches of packed 3/4 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 4 inches; OR (b) Such access road shall have top soil removed to a depth of 8 inches and then filled with 8 inches of a good grade of stone and sand bank run. The surface shall then be covered with a layer of 2 inches to 4 inches of 3/4-inch stone blend, or in the alternative oiled with a minimum of 4/10ths of a gallon of road oil per square yard. Location of property: South side of North View Drive, Orient, NY; bounded north by North View Drive, east by De_Maria, south by DeMaria, west by Tuthill; County Tax Map Item No. 1000-13-3-1. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, and Goehringer. Abstain: Mr. Douglass. Southold Town Board of Appeals -28- ~August 14, 1980 Appeal No. 2684. Application of North Fork Motel, Inc. The Chairman asked whether there was anyone present who would like to be heard regarding the North Fork Motel, Inc. appeal application. No one replied, and the Chairman further announced that a request for an adjournment for the September meeting had been received. This matter was adjourned till the September 25, 1980 meeting of this Board. Appeal No. 2723. Application of Adeline Lee, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, Section 100-31 for approval of insufficient area. Location of property: Laurel Way, Southold, New York; bounded north by Laurel Way, west by Mulvihill, south by Sladon, east by Schimpf; County Tax Map Item No. 1000- 121-4-12.1. The Chairman opened the hearing at 9:13 p.m. by reading the appeal application in its entirety, legal notice of hear- lng and affidavits attesting to its publication in the local and official newspapers, Notice 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 section of the County Tax Map and a survey of the property, showing they are moving a line from zero down to 12 feet on a private road. That's the way it looks. The southerly portion of the lot line they're just moving it to the east about 12 feet on the road. Do you have anything to add to it, Gail? MRS. WICKHAM: No, we just want to make a minor change of the lines between these two lots to conform to the topo- graphy and some of the, mainly the driveway encroachments. The Planning Board has already approved it. MR. CHAIRMAN: Does any of the Board have any questions on it? MEMBER TUTHILL: I move it be approved subject to the Planning Board's, through some record in our file-- MRS. WICKHAM: I have a signed map by the Planning Board. MR. CHAIRMAN: We have the letter right here. MRS. WICKHAM: Is that all you need? Great. MR. CHAIRMAN: I'll second it. Southold Town Board of Appeals -29- August 14, 1980 After investigaion and personal inspection of the premises, the Board finds that applicant is requesting permission to pivot the easterly side yard by 12 feet decreasing the existing undersized lot to the east by l~00Ofeet and increasing the existing undersized lot to the west by.~Dfeet, more or less, due to the unusual location of the cesspool and driveway for the westerly parcel en the easterly parcel. The Planning Board gave formal approval of the changerin lot line at a regular meeting held June 30, 1980. The Board feels that applicant's request is not impractical or unreas- onable. The Board finds the circumstances present in this case are unique, and strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes the granting of a variance in this case will not change the character of the neigh- borhood and will observe the spirit of the zoning ordi- nance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Adeline Lee be granted a Variance to the Zoning Ordinance, Article III, Section 100-30, as applied for in Appeal No. 2723. Location of property: Laurel Way, Southold, New York; bounded north by Laurel Way, west by Mulvihill, south by Sladon, east by Schimpf; County Tax Map Item No. 1000- 121-4-12.1. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that with regard to applicant's request dated August 13, 1980, the matter of North Fork Motel, Inc., Appeal No. 2684, be adjourned, and be re-scheduled and re-advertised in both the official and local newspapers, Suffolk Weekly Times and Long Island Traveler Watchman for one week. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southcld Town Board of Appeals -30- August 14, 1980 On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, to approve the following sign renewal requests (Special Exception annual renewals) for a period of one year from the expiration date noted thereon, SUBJECT TO THE FEDERAL HIGHWAY BEATUFICATION ACT and FUNDING LAWS FOR HIGHWAYS, if and when applicable: Appeal No. 1134 936 937 1932 890 904 Applicant Cutchogue Chamber of Commerce Cedar Beach Park Association Reydon Shores Property Owners Assn. Al's Liquors Cutchogue Auto Sales New Suffolk Shipyard Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Appeal No. 2709. RESERVED DECISION. Application of Herbert W. Wells, Jr. Public Hearing held July 1, 1980 at the Southold Town Hall, Main Road, Southold, New York. Requested permission to erect three signs, Article VII, Section 100-70C of the Town Zoning Ordinance. After investigation and inspection, the Board finds that applicant is requesting permission to erect three franchise signs at business (B-l) premises known as 42155 Main Road, Peconic, New York. One module S-U-B-A-R-U sign approximately 33' L by 4' on 20' columns; one "used-car" Subaru sign approx- imately 10'L by 4' on a 14' columnar tube; one "parts and service" sign approximately 5' by 3' on northwest side of building. Upon researching, the Board has found that appli- cant has been granted a special exception to erect a second ground sign in Appeal No. 2075 on September 25, 1975; granted permission to re-locate existing wall sign located at the northeast corner of Main Road and Peconic Lane in Appeal No. 1312 on January 8, 1970; granted permission to erect a wall sign to replace present sign (84" by 96") in Appeal No. 795 on September 16, 1965; granted permission to erect ground sign exceeding maximum height requirements at the northeast corner of Main Road and Peconic Lane in Appeal No. 976 on October 6, 1966. It is the feeling of the Board that the subject property has existing signs suf- ficient for the advertising of on-premises business and products. However, applicant has applied for a hanging/wall- mounted directional sign (parts and service), and it is the opinion of the Board that applicant's request for this sign is reasonable under the circumstances. Southold Town Board of Appeals -31- August 14, 1980 On motion by Mr. Tuthill, seconded by Mr. Douglass, it was RESOLVED, that Herbert W. Wells, Jr., Pine Neck Road, Southold, New York be DENIED permission to erect the module Subaru sign (33' by 4') and be DENIED permission to erect the "used-car" subaru sign (10' by 4'); but be GRANTED permission to erect one "parts and service" directional sign (approximately 5' by 3') at the north- west side of the building as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: (1) Said sign permit is terminable at once at the direction of the Board of Appeals; (2) The purpose of said sign must be directional in the public interest, and accordingly, said sign shall bear only the following wording: Parts & Service [as shown on sketch submitted with appeal application]; (3) Said sign shall not exceed the size of four feet by six feet; (4) Referral to the Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk County Charter. Location of property: 42155 Main Road, Peconic, New York; bounded north and east by Gozelski; south by Route 25; west by Peconic Lane; County Tax Map Item No. 1000- 75-001-014. Vote of the Board: Ayes: Messrs. Doyen, Tuthill, Douglass and Goehringer. Mr. Grigonis abstained from vote. Appeal No. 2736 - Application of Fanny Behlen Community Health Center for permission to erect an ambulatory care clinic on property described as Lot 1 in Minor Subdivision of Armaroy Acres, located on the south side of North Road, Greenport, New York. In reviewing the subject application filed on the 14th day of August, 1980, it was the determination of the Board that applicant obtain all necessary approvals before this matter may be scheduled for public hearing, including site plan approval of the Planning Board, Article III, Section 100-30B of the Southold Town Zoning Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that this matter be referred to the Southold Town Planning Board for its review and determination regard- ing the Site Plan, before scheduling this matter for a Southold Town Board of Appeals -32- August 14, 1980 public hearing. Vote of the Board: Ayes: Messrs. Grigonis, Doven, Tuthill, Douglass and Goehrinqer. It was the consensus of the Board that the following recently-filed appeal applications be held in abeyance pending receipt of written replies from other aqencies which may be involved. Correspondence was forwarded by this office to the other agencies previously to this meeting tonight. Appeal No. 2732 - Charles J. Witherspoon. Appeal No. 2729 - William Mercurio and others. Appeal No. 2727 - Curtis and Nancy Norklun. On motion by Mr. Griqon~s, seconded by Mr. Tuthill, WHEREAS, uDon filing of the appeal application of Harry O. Hurlburt, Jr. for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30C and 100-32 for per- mission to construct accessory buildinq in frontyard area and to use said accessory building for quest use and play area use at premises located at Private Road. Fishers Island, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2735) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- inq significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is reauired in the SEQRA standards of process by this depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -33- August 14, 1980 On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Clara Prout, 107 Greenacres Avenue, White Plains, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient rearyard setback at 465 Private Road No. 3, Southold, New York, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2724) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hay- lng significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, Sections 617.13 and 617.5(a), and the Southotd Town Code, Section 44-4, no further determination or procedure is required in the SEQRA standards of process by this depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Frank E. and Mary Brophy for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of addition with insufficient front and sideyard setbacks at 75 Second Street, New Suffolk, New York applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2725) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, 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 depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Southold Town Board of Appeals -34- August 14, 1980 Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of John Reinertsen for a Variance to the Zoning Ordinance, Article III Section 100-31 for permission to construct addition to dwelling with insufficient sideyard setback at 1850 Albo Drive, Laurel, Town of Southold, New York, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2730) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, 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 depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) 'Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Ernest G. Radford for a Variance to the Zoning Ordinance: (a) Article III, Section 100-31 for approval of insuffi- cient area, and (b) New York Town Law Section 280-A for approval of access, at premises located at the south side of Main Road, East Marion, Town of Southold, New York applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2731) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, 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 depart- ment. (This declaration should not be considered a deter- mination made for any other department or aqency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -35- Auqust 14, 1980 On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Katie J. Dexter for a Variance to New York Town Law, Section 280-A for approval of access for property located at the south side of Park Avenue, Mattituck, NY, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likelv to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2728) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, Sections 617.13 and 617.5(a), and the Southo!d Town Code, Section 44-4, no further determination or procedure is required in the SEQRA standards of process by this depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Katie J. Dexter for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one proposed parcel located at the north side of Park Avenue, Mattituck, Town of Southold, New York, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2727) this Board determines that this Project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Oualitv Review Act, 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 depart- men~. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -36- August 14, 1980 On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of George Ahlers, for a Variance to the Zoning Ordinance, Article III, Section 100-32A for permission to construct radio tower exceeding height limitations at 855 Eugene's Rd., Cutchogue, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2733) this Board determines that this project if implemented as planned herein, is classified as a Type II Action. not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, 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 depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Tuthill, WHEREAS, upon filing of the appeal application of Fran- cis J. Murphy, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for aDproval of the construc- tion of portico with insufficient frontyard setback at 8700 Main Road (S.R. 25), Laurel, Town of Southold, NY, applicant(s) has submitted a short Environmental Assessment form which indicates that no significant adverse effects were likely to occur to the environment; IT IS RESOLVED, that in the subject Appeal (No. 2734) this Board determines that this project if implemented as planned herein, is classified as a Type II Action, not hav- ing significant adverse effects upon the environment; and pursuant to the N.Y.S. Environmental Quality Review Act, 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 depart- ment. (This declaration should not be considered a deter- mination made for any other department or agency which may be involved.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -37- August 14, 1980 On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that the next regular meeting of this Board be scheduled for Thursday, AuqUst 28, 1980 at 7:30 o'clock D.m., and that the following appeals be scheduled and advertised for public hearings to be held on said date: 7:35 p.m. Harry O. Hurlbert. Appeal No. 2735. 7:50 p.m. Clara Prout. ApPeal No. 2724. 8:00 p.m. Frank E. and Mary Brophy. Appeal No. 2725. 8:20 p.m. John Reinertsen. Appeal No. 2730. 8:30 p.m. Ernest G. Radford. ADpeal No. 2731. 8:45 p.m. Katie J. Dexter. ADpeal No. 2728. 8:55 p.m. Katie J. Dexter. APpeal No. 2727. 9:15 p.m. George Ahlers. Appeal No. 2733. 9:30 p.m. Francis J. Murphy. APpeal No. 2734. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douqlass and Goehrinaer. The meeting was declared adjourned at 10:05 p.m.  APP~0V ED ~ Respectfully submitted. ~Lfnda F. Kowalski Chai~ ~fQ 0~a~e,~- Secretarv