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HomeMy WebLinkAboutZBA-07/24/1980Southold Town Board of Appeals 80UTHOLD, L. I., N.Y. 119~1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS R'(~B E F~ T--W.~.~ · ., CHARLESGRIGONIS, JR. , Chairman SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Gerard P. Goehringer MINUTES JULY 24, 1980 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, July 24, 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 J. Doyen, Jr.; Terry R. Tuthill; Robert J. Douglass; Gerard P. Goehringer. PUBLIC HEARING: Appeal No. 2714. Application of Twin Fork Tire, Sound ~enue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI, Section 100-60C for permission to erect sign, advertising off-the-premises business. Location of property: Main Road and Pacific Street, Mattituck, New York; bounded north by Ryswyk and O'Neil, west by Pizzarelli, south by Main Road, east by Pacific Street; County Tax Map Item No. 1000-142-2-16. The Chairman opened the hearing at 7:38 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing 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 a section of the County Tax Map showing the area. We have a letter from Joseph Mileska: June 24, 1980... I give Paul Michalecko permission to put a sign, 2' x 4' on property on Main Road, Mattituck, New York. /s/ Joseph Mileska .... We have a sketch of the sign and the description. It's going to be a 2 by 4 and say "Twin Fork Tire -- Tubes - Wheels - We fix flats" with an arrow pointing north. Is there anyone here that has anything they want to add or say in favor of this application? MR. MICHALECKO: No. That's all I wanted, to put the sign Southold Town Board of Appeals -2- July 24, 1980 up. I have a picture here of the sign I want to put up. (Mr. Michalecko gave.the picture for each board member to review, and the picture was marked~as .an>iExhib~t ~ndmade part of the file.) MEMBER TUTHILL: Do you fix flats on a Sunday? MR. MICHALECKO: Yes, I fixed three tires on Sunday, Terry. MEMBER TUTHILL: This is a 2 by 4? MR. MICHALECKO: Two by four. MR. CHAIRMAN: Is there anyone else that wishes to say anything else? MR. MICHALECKO: There's nothing to say. All I want to do is just get the sign up so we can get some business over there. MR. CHAIRMAN: Is there anyone here that wishes to speak against this application? (There was no response.) Do you members of the Board have any? MEMBER TUTHILL: Where are you going to put this sign in relation to that bush on the Mileska property, Paul? MR. MICHALECKO: Well, me and Joe are going to do something about that bush. And we might put it over the bush. MEMBER TUTHILL: Because you are going to have to be five feet off the property line. MR. MICHALECKO: Right. MEMBER TUTHILL: And you'll have to be up in the air, what? MEMBER DOUGLASS: Four feet. The bottom of it has to be four feet up (minimum). MEMBER TUTHILL: We were just wondering where it would be visible. I mean with the bush where it is. MR. MICHALECKO: The bush is probably going to stay right there. We're just going to go above the bush. MEMBER DOUGLASS: You have a height that you have to stay within, too. But with that sign you won't ever get up to that, I believe. How high is that bush, about five foot? MR. MICHALECKO: No. Southold Town Board of Appeals -3- July 24, 1980 MR. CHAIRMAN: On the sketch you have here, the bottom of the sign is six feet. Is that the way you intend to do it, Paul. MR. MICHALECKO: I don't know. Paul did it, not me. MR. PAUL MICHALECKO: I was told that the bottom of the sign had to be five to six feet, so it would be at least over the roof of a car so they would be able to see underneath it. MEMBER DOUGLASS: Oh, because of the corner. M~. MICHALECKO: Right. MEMBER TUTHILL: Those arrows aren't very big. MR. MICHALECKO: I don't want it to be too much that I can't take care of either, Terry. You know, I'm getting a little on the old side, too. MEMBER TUTHILL: Basically it's a directional sign. MR. MICHALECKO: Yes. MR. CHAIRMAN: If nobody has anything further on it, I'll offer a resolution that it be granted as applied for~ subject to the usual sign regulations which will be put in there. After investigation and personal inspection, the Board finds that applicant is requesting permission to erect a sign on property of Joseph Mileska, located on the north side of Main Road (State Route 25), Matti- tuck, for directional purposes of Twin Fork Tire. The Board finds that the subject property is zoned B-Light, in which signs advertising on-the-premises business normally are permitted. The Board finds and determines that the use permitted herein: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) will not prevent the orderly and reasonable use of permitted or legally estab- lished uses in the district wherein the proposed use is to be located, or of permitted or legally-established uses in adjacent use districts; (c) will not adversely affect the safety, health, welfare, comfort, convenience or order of the town; (d) will be in harmony with and promote the general purposes and intent of the zoning ordinance of the Town of Southold; (e) will not change the character of the neighborhood. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that TWIN FORK TIRE, Sound Avenue, Mattituck, New York, be GRANTED a Variance to the Zoning Ordinance, Article VI, Section Southold Town Board of Appeals -4, July 24, 1980 100-60C for permission to erect an off-the-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Said sign shall continue only as long as the property owner's consent is in effect. 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. The purpose of said sign must be directional in the public interest as distinguished from advertising of products or services. 4. Said sign shall not exceed the size of four feet by six feet (4' x 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations, if any. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign shall not be iiluminated. 8. Said sign permit hereby authorized shall in no event be in effect fo~mo~_thanL~hree years except by approval of this Board after receiving a formal written request thereafter, and provided said sign complies with all the conditions herein. 9. Said sign shall comply with the rules and regulations of the Federal Highway Beautification Act and Federal Funding Laws for Highways, when applicable under the circumstances. Location of property: North side of Main Road (State Route 25) and West side of Pacific Street, Mattituck, New York; bounded north by Ryswyk and O'Neil, west by Pizzarelli~ south by Main Road, east by Pacific Street; County Tax Map Item No. 1000-142-2-16. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2715. Application of Patrick and Maryann Harmon, 4050 Camp Mineola Road, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck to existing dwelling with an insufficient frontyard setback. Location of property: 4050 Camp Mineola Road, Mattituck, New York; bounded north by Allen, east by Murphy, south by Howell Avenue, west by Griffin; County Tax Map Item No. 1000-123-5-20. Southold Town Board of Appeals -5- July 24, 1980 The Chairman opened the hearing at 7:49 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- lng 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 and a sketch of the property. The deck is coming out 12 feet in front of the existing house, and the closest corner because of the angle along the road would be about 13 feet, and the furthest side would be 16 feet. Is there anyone here that wants to add to the application, or say something in favor? MR. PATRICK HANNON: I would just like to say that the deck would have a railing around it. It's not just going to be an open deck, and be, for example, the house to the west of us already has a deck on it that is much closer than 13 feet. So it wouldn'.t change anything in the neighborhood, and it would be a big help to us. We use the house for weekends and summers, and we would like to have use of the deck. MR. CHAIRMAN: Thank you. MEMBER TUTHILL: Do you mean the neighbor way down to the end of the road with the deck? MR. HANNON: Yes. MEMBER TUTHILL: How high is this going to be off the ground? MR. HANNON: It's about two feet. MRS. HANNON: Just level up to the door. I think there are four steps going up to the door. We're going to wind it from the door on around, rather than-- MR. HANNON: Approximately two feet off the g~ound. MEMBER TUTHILL: We measured the one with the deck further to the west of you. MR. CHAIRMAN: You will be just about level with the top of your foundation? MR. HANNON: Yes, that's correct. MEMBER DOUGLASS: No. That would be above that. It will be a shingle and a half above the foundation. You're going to meet the deck on your kitchen door, right? MRS. HANNON: Yeah~ on the side door there. Yes. Southold Town Board of Appeals -6- July 24, 1980 MR. HANNON: The side door. MEMBER DOUGLASS: Your side door there, that's a shingle and a half above the foundation. MR. HANNON: I didn't realize that. It's about two feet. RICHARD LARK, ESQ.: Richard Lark, Main Road, Cutchogue. You won't exceed -- I know what you're saying -- including the step with the deck it'll be three steps approximately from the ground level. That's right. Which will put you right up on the deck level. Mr. Douglass is right. It will put you about a course and a half above the top of the foundation. MEMBER DOUGLASS: That's right. That's what we measured. MRS. HANNON: That was to save expenses also because we originally were going to knock the doorway into the front of the house, and it just got too expensive. And we didn't need another door. MR. HANNON: We don't need another door. The deck I'd like. MRS. HANNON: And plus the expense, so we decided to eliminate that if we possibly could, and the man said that we could wind it, and that's how it comes about. MR. LARK: Also, for the Board's edification, as you're well aware of, in the Camp Mineola area there, most of the houses are constructed on what today would be undersized lots including this one. The Hannon's lot is a little bit larger than the average lot in that particular neighborhood, and as I understand it, in talking t'o the Hannons and the people in the area, the lot across the street opposite their house where the kids traverse to and from the beach won't be built upon because it's owned by numerous people in the area, and it's sort of going to be kept open. So there is a real purpose to have the deck there in the front of their house rather than in the rear someplace because they will be able to get utiliza- tion of looking out across the beach which is immediately on the opposite side of the road. And the variance being sought, the frontyard variance, I submit to the Board that most of the houses in the area don't meet the present nor did they meet the standards of the prior zoning ordinance that we had. They have been there for many, many years most of them; and the on~s that have been built in recent years primarily on the bay-side, I'm not talking about the house you were talking, Mr. Tuthill, that was raised. How did that happen, I don't know. But on the bay-side, the ones that have been constructed in recent years there has been no choice but to build them back up close to the road, and in that effect being none of the existing yard requirements are met. And I think when you look at the deck Southold Town Board of Appeals -7- July 24, 1980 that they propose, a 12 by 24 deck, as you say, at 2½ to 3 feet above the existing soil, the variance being sought, the frontyard, is not substantial with relationship to the requirements. Especi- ally when you take in the existing neighborhood, and it won't change a thing. And it certainly won't because that is primarily a summer-type community. It shouldn't have any effect on any adjoining properties, any detriment at all. Nor obviously will it increase in population density or place any burden on govern- ment facilities, and I think, in overall considering especially when you talk about the house to the west having a deck that is so high in the area, I think this will enhance the houses as opposed to take away from it, and I don't think it will hurt any of the other property values. And in fact when the Hannons first spoke to me about this about a year ago, I said well because you're brand new in the neighborhood you ought to talk to your neighbors to see if anybody would have any objection. They did that, and they said, "No, go right ahead. It's not going to hurt a thing. If it will help you out, fine." So, with that in mind I respectfully move that the Board do grant the variance so that they could construct the deck and use it this summer. Thank you. MR. CHAIRMAN: Thank you. Does anyone else want to say anymore? Does anybody wish to speak against it? (There was no response.) Does the Board have any questions they want to ask? MEMBER TUTHILL: We've all been down there and we know it's a hodge-podge of present zoning. This variance whether granted or not. It's a zoning kind of a nightmare and I don't think it would change the character of the district, and I would be happy to move that this be granted as applied for. MEMBER DOUGLASS: I'll second it, but I think there should be a condition on it that it will be an open deck like you say and not roofed or enclosed. MR. LARK: Not a screened-in porch, porch is what you're talking about. MEMBER DOUGLASS: Right. It shall not be roofed or enclosed. MR. HANNON: This will be an open deck, no sides~ no top. MEMBER DOUGLASS: That would be the only provision.~there. MR. LARK: In other words, not to move the house closer by a room to the road. MEMBER DOUGLASS: Right. MR. LARK: I understand what you mean. Southold Town Board of Appeals -8- July 24, 1980 MR. CHAIRMAN: Very often that screened porch all of a sudden winds up to be an enclosed den, and thermal-pane glass and -- MR. HANNON: No, that's not what our intention is at all. It's going to be an open deck, period. MEMBER DOUGLASS: I'll second that with that condition. After investigation and personal inspection, the Board finds that applicants are requesting permission to construct a 12' x 23'9" wooden deck onto the existing dwelling leaving a frontyard setback at the nearest point of approximately 13'. Upon viewing neighboring properties, the Board finds that the dwelling to the west of the subject parcel has an existing deck in the frontyard with a setback of less than that proposed herein. The Board agrees with the reasoning of the applicants. The Board finds the circumstances present in this case are unique, and that 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. Douglass, it was RESOLVED, that PATRICK and MARYANN HANNON, 4050 Camp Mineola Road, Mattituck, New York be granted a Variance to the Zoning Ordinance, as applied for in Appeal No. 2715 and provided that the deck proposed herein shall be only an "open" deck and may not be permitted to be screened or enclosed. Location of property: 4050 Camp Mineola Road, Mattituck; bounded north by Allen, east by Murphy, south by Howell Avenue, west by Griffin; County Tax Map Item No. 1000-123-5-20. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. PUBLIC HEARING: Appeal No. 2716. Application of Antone J. and Eloise L. Norklun, Oyster Ponds Lane, Orient, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article VII, Section 100-71 for approval of insufficient area and width of two proposed parcels. Location of property: West side of Village Lane, Orient; bounded north by Brown~ east by DeEastines, Home and Village Lane, south by Duelt and Tabor, west by Reeves and Oyster Ponds Lane; County Tax Map Item No. 1000-25-1-16 and part of 3. Mr. Grigonis announced that he wishe~ to abstain regarding this Southold Town Board of Appeals -9- July 24, 1980 hearing inasmuch as applicants are relatives (so~t off-and asked Mr. 'Goehringer to act as Chairman in his place. The Acting Chairman opened the hearing at 8:03 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing 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. MEMBER GOEHRtNGER: We have surveys showing the proposed divi- sion. Is there anybody here in favor of and would like to speak? MRS. ANTONE NORKLUN: I think it speaks for itself. MEMBER GOEHRINGER: We have to ask you. MRS. NORKLUN: It's a little ridiculous situation. MEMBER TUTHILL: Were there two or three lots before they were merged under zoning. It's a pretty irregular piece of property, it almost looks like three pieces. MRS. NORKLUN: We had the piece that the office is on, on Village Lane, we bought all the way through to Oyster Ponds Lane, and then we sold a piece of that to my son for his house. MR. ANTONE NORKLUN: 150 feet of that. MEMBER DOUGLASS: In the original Oyster Ponds' map, what your house was sitting on was one lot, right? That was the original size of all the lots along there. MRS. NORKLUN: Yeah. Well, not what we have now, because we've added width to it. MEMBER DOUGLASS: Yeah, but it was like to one next door to you, ~that vacant one and stuff, those were all the original sizes, when it was broken up on Oyster Ponds Lane. MRS. NORKLUN: Well my father bought that property and put that road through, there were about, our lot was 60 feet wide. MEMBER DOUGLASS: Right. MR. NORKLUN: And the one next to it was 140 feet deep. And then it came to 100 and kept the rest to made the one lot bigger. MEMBER DOUGLASS: I remember when it was all divided up. MEMBER GOEHRINGER: Does anyone here want to object to anything here? Is anybody against the application? (There was no response.) Southold Town Board of Appeals -10- July 24, 1980 MEMBER DOUGLASS: I'll make a motion that it be granted as asked for. You have a piece in back of your B-Zone there that is A-R but you're allowed a percentage of increase over your thing, so it takes that in. MRS. NORKLUN: I would like to ask you a question. When these two, this business and the residential were put into one parcel, what was it then zoned as? I mean, we'~e either been living illegally in a business zone, or we've been going business on a residential zone. Does anybody know? MEMBER GOEHRINGER: It still remained as business and residential. It never changed. MRS. NORKLUN: In other words, you can live and have a business on the same piece of property. MEMBER DOUGLASS: Yes, like the Country Store. You've got the Country Store. You've got the old barbershop. They live there, but the party living there in a case like that must be the party that operates the business on the B-Zone. MEMBER TUTHILL: Will you include in that motion that it be subject to the Planning Board approval? MBMBER GOEHRINGER: Yes. MEMBER DOUGLASS: Yeah, I would say so. The Planning Board has to okay what we did. After investigation and personal inspection, the Board finds that applicants are requesting approval of insufficient area of Parcel 1 of 21,303 square feet, zoned A-Residential & Agricultural, and of Parcel 2 of 12,810 square feet, zoned partly B-1 and partly A-Residential & Agricultural. Existing on Parcel 1 are a 1½-story frame house, and detached garage; existing on Parcel 2 is a one-story frame building. It has been found that prior to the adoption of one-acre zoning, these parcels had been in single and separate ownership. Parcel 2 contained a considerably less amount of square footage, approximately 8,190, than that proposed herein. The Board agrees with the reasoning of the applicants. The Board finds the circumstances present in this case are unique, and that 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. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Antone J. and Eloise L. Norklun, be granted a Variance to the Zoning Ordinance,as applied for in Appeal No. Southold Town Board of Appeals -11- July 24, 1980 2716 and subject to the following CONDITION: That applicant obtain the approval(s) from the Southold Town Planning Board regarding the subject division. Location of property: West side of Village Lane, Orient; bounded north by Brown, east by DeEastines, Horne and Village Lane, south by Duell and Tabor, west by Reeves and Oyster Ponds Lane. County Tax Map Item No. 1000-25-1-16 and part of 3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Tuthill and Douglass. Messr. Grigonis abstained from vote. (relative) RECESSED HEARING: Appeal No. 2702. Application of Eccles Pridgen, by Horton Construction Co., as agent, New Suffolk Avenue, New Suffolk, New York, for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32, for per- mission to construct second dwellinH unit on single lot. Location of property: 2410, 2430 Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. County Tax Map Item No. 1000-128-6-14 and 15. The Chairman reconvened the hearing at 8:16 p.m. MR. CHAIRMAN: I just talked to the builder out in the hall and told him they are going to have to re-apply now because it will need an different application altogether with two separate lots, which they didn't -- they asked for one lot. MEMBER TUTHILL: Two houses on one lot. MR. CHAIRMAN: Two houses on one lot rather. MEMBER TUTHILL: I think the thing to do then in this case is deny this particular application without prejudice, is it not? MR. CHAIRMAN: A motion is in order. MEMBER TUTHILL: I'll make the motion. MR. CHAIRMAN: I'll second ito MEMBER TUTHILL: I'm sorry nobody is here to speak on this because I wanted to ask them questions. The hearing was declared closed, and the following are the findings and determination of the Board: Southold Town Board of Appeals -12- July 24, 1980 Applicant is requesting permission to construct second dwelling on a single parcel containing approximately 2.95 acres, located at the south side of Great Peconic Bay Boulevard, Laurel, New York. This is an appeal from the Notice of Disapproval of the Building Inspector dated May 7, 1980 which seeks a variance of Section 100-30A-1 and Section 100-32. At the outset it should be noted that although applica- tion seeks a variance to construct a second dwelling on the premises, the fact is that the second dwelling has already been constructed on the premises as observed by the members of this Board when visiting the site. The written application states that the premises contains "enough area for a subdivision to two lots under present zoning." This being the case, it is the determination of this Board that the appellant apply to the Planning Board for approval of a subdivision of the premises into two lots. It is the further determination of this Board that this decision be without prejudice to the applicant to ~eapply to this Board for any lot width or other variance which may be required as a result of the division of the premises into two lots. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that ECCLES PRIDGEN, by HORTON CONSTRUCTION CO., be denied without prejudice the variance requested in Appeal No. 2702 dated May 15, 1980, and that applicant apply to the Planning Board for approval of a subdivision of the premises into two lots. Location of property: South side of Great Peconic Bay Boulevard, Laurel, New York; bounded north by Great Peconic Bay Boulevard, east by A. Cardinale Estate and Catalano, south by Peconic Bay, west by Kendel, Smith, Bayuk, Carey, Gannon. County Tax Map Item No. 1000-128-6-14 and 15. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen and Goehringer. Messr. Douglass was absent during the adoption of this resolution. Southold Town Board of Appeals -13- July 24, 1980 RECESSED HEARING: Appeal No. 2713. Application of Susan ~a!lock, Wells Road, Peconic, New York 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; 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. 100~-86-2-12.3 and 12.2. The Chairman reconvened the hearing at 8:18 p.m. MR. CHAIRMAN: I have a request from .the applicant that this be recessed until 8/14/1980 because the surveyors haven't been able to get in there and put lines for them. MEMBER TUTHILL: I move we recess this hearing until August 14, 1980. On motion by Mr. Tuthill, seconded by Mr. Doyen, it was RESOLVED, to recess the matter of Susan Hallock, in Appeal No. 2713 until the next regular meeting of this Board, to wit, August 14, 1980. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. RESERVED DECISION: Appeal No. 2709. Application of Herbert W. Wells, Jr.~ for a Variance to the Zoning Ordinance to erect additional signs. Location of property: North side of Main Road, Peconic. 1000-75-1-14. The Chairman advised the Board members that he spoke with Mr. Wells, and he is waiting for General Motors to get back to him and let him know how they feel about having Subaru on the same sign. Instead of additional signs, the Board is trying to get him to put up a panel, "Used Cars - Pontiac, Cadillac and Subaru." The Board decided not to make a formal decision at this time, and felt that it would be better to wait until the August 14th meeting, to give Mr. Wells more time to get back to the Board. Southold Town Board of Appeals -14- July 24, 1980 PUBLIC HEARING: Appeal No. 2717. Application of Dr. John A. Loreto, Glen Court, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in sideyard area. Location of property: North side of Glen Court, Vista Bluff filed subdivision map 95060, Lot ~2, Cutchogue; bounded north by Long Island Sound, west by Vangi, south by Glen Court, east by L. Loreto. County Tax Map Item No. 1000-83-1-8. The Chairman opened the hearing at 8:21 p.m. by reading the appeal application, legal notice of hearing and affidavits attest- ing 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 County Tax Map showing this property and the surrounding area. They~.have~'changed the size of the building. Originally it was going to be a 14 by 14, and they have changed that to a 10' by 10' So instead of a three-foot sideyard they will have a five-foot sideyard. Is there anyone here to speak for it? MEMBER TUTHILL: Well, I'll speak for it in this sense. That area up there consists of very shallow lots, and this was as far from the Sound Bluff to the road and building would be even more unsightly in the backyard regardless of the slope that it would be where he proposes to put it. And we've granted several variances up in that area because the lots seem to get smaller every time the wind blows from the northwest, and that's about all I have to say at the moment, except I'm speaking for it in that respect as well as the fact that it slopes. MR. CHAIRMAN: Any other members? Gerry, do you have any comments on this? MEMBER GOEHRINGER: Not really. No. MR. CHAIRMAN: Serge? I'll offer a resolution granting this as applied for with a five-foot sideyard, and no larger than a 10' by 10' building, gazebo-type building. After investigation and personal inspection, the Board finds that applicant is requesting permission to construct a 10' by 10' gazebo-type building in the westerly sideyard area leaving a sideyard area of approximately five feet, or more. The Board finds that there is a dwelling on the premises, situated.about 60 feet, more or less from the top of the Sound Bluff. The Board feels that a structure in the rearyard would not be practical and agrees with the reasoning of the applicant. Southold Town Board of Appeals -15- July 24, 1980 The Board finds the circumstances present in this case are unique, and that 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. Goehringer, it was RESOLVED, that Dr. John A. Loreto, Glen Court, Cutchogue, New York 11935, be granted a Variance to the Zoning Ordinance, Article III, Section 100-31, as requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the gazebo-type building not be larger than 10' x 10' 2. That the sideyard setback to the west be not less than five feet. Location of property: North side of Glen Court, Cutchogue; bounded north by Long Island Sound, west by Vangi, south by Glen Court, east by Lillian Loreto; County Tax Map Item No. 1000- 83-1-8. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, and Goehringer. Messr. Douglass was absent during the adoption of this resolution. RESERVED DECISION: Appeal No. 2711. Application of William H. Gaffga, Box 124, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Sections: (a) !00-32C for permission to construct swimming pool in side and/or front yard area; (b) 100-35 for permission to construct fence in frontyard area. Location of property: 3820 Grathwohl Road, New Suffolk, New York; Intersection of New Suffolk and Grathwohl Roads, a~d bounded south by Couch; County Tax Map Item No. 1000-110-008-031. After investigation and personal inspections, the Board finds that applicant is requesting to construct sw~mmlng poo~ and 6' fence in the frontyard and partly in sideya~d area a triangular piece of property at the intersection of two public roads in New Suffolk. The Board agrees with the reason- ing of the applicant. The Board finds the circumstances present in this case are unique, and that 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 Southold Town Board of Appeals -16- July 24, 1980 change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that WILLIAM H. GAFFGA, be ~ranted a Variance to the Zoning Ordinance: (a) Article IIi, Section 100-32C; (b) Article iii, Section 100-35 to construct swimmingpool and six-foot fence in the front and sideyard areas, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the fence not extend more than 24 feet from each corner of the existing garage to the northerly direction. 2. That the fence and swimmingpool not extend past the width of the garage/house to the westerly or easterly direction. Location of property: 3820 Grathwohl Road, New Suffolk; intersection of New Suffolk and Grathwohl Roads, New Suffolk and bounded south by Couch. County Tax Map Item No. 1000-110-8-31. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. NEW APPEAL NO. 2672. Application of Richard and Margaret Foster, Bridge Lane, Cutchogue, New York 11935 for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for approval of insufficient width. Location of property: 2800 Bridge Lane, Cutchogue, New York; County Tax Map Item No. 1000-85-2-3. On motion by Mr. Doyen, seconded by Mr. Goehringer, WHEREAS, this Board has received the subject application dated February 26, 1980, wherein applicants have requested approval of insufficient width of a parcel to be included in a proposed minor subdivision of property located north of Route 25 on Bridge Lane, Cutchogue; and WHEREAS, it is noted on the Building Inspector's Disapproval Notice dated February 19, 1980 that the subject properties lack approval of access, N.Y. Town Law Section 280-A; and WHEREAS, applicants have made a written request to withdraw the subject application; NOW, THEREFORE, BE IT RESOLVED, that applicants are granted permission to withdraw their application in Appeal No. 2672. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Southold Town Board of Appeals -17- July 24, 1980 On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the Minutes of the June 12, 1980 Regular Meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the Minutes of the July 1, 1980 Regular Meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the Minutes of the July 9, 1980 Special Meeting of this Board. Vote of the Board: Douglass and Goehringer. Ayes: Messrs. Grigonis, Doyen, Tuthill, On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to approve the following sign renewal requests (Special Exceptions) for a period of one year from the expira- tion date noted thereon, SUBJECT TO THE FEDERAL HIGHWAY BEAUTI- FICATION ACT and FUNDING LAWS FOR HIGHWAYS, if and when applicable: Appeal No. Applicant 1065 1105 2425 1035 935 2443 932 2151 Mattituck Lions Club Southold Town Beach Motel Inc. Long Island Chapter of New York, Archaeological Assn. Mr. Ralph Conklin Mattituck Plumbing & Heating Corp. Southold Rotary Club, Inc. Mattituck Presbyterian Church Mr. Russell B. Case, President, for Cedar's Golf Club (continued on next page) Southold Town Board of Appeals -18- July 24, 1980 Appeal No. Applicant 2432 1615 901 902 890 926 John A. Polywoda Beverage Caberon Properties, Inc. Sunset Motel Sunset Motel Mr. Felix Doroski, for Cutchogue Auto Sales Rev. Alan J. Placa, Direction, for Camp Molloy Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of Wilfred G. Gilman, Jr., in Appeal No. 2718, for a Variance to the Zoning Ordinance, Article III, Section 100-31 to construct addition with an insufficient rearyard setback of approximately 14.3' at 12 Greenwood Road, Fishers Island, New York (1000-12-1-13.1), that after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having 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, that no further determination or procedure is required in the SEQRA standards of process. (This declaration should not be considered a determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of Joseph and Amelia Schul- cheski, in Appeal No. 2721, for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient sideyard setback to three feet, at 140 Carole Road, Southold, New York, (1000-52-2-5), that after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects Southold Town Board of Appeals -19- July 24, 1980 were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is cl,assified as a Type II Action, not haVing significant adver, sel effeCts upon the environment; and pursuant to the N.Y.S.i Environmental Quality Review Act, Sections 617.13 and 617.5(ai), and the Southold Town Code, Section 44-4, that no furthe!r determination or procedure is required in the SEQRA stanldards of process. (This declaration should not be considered a determination made for any other department or agencyl.) Vote of the Board: Ayes: Messrsi Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of Joseph Gajeski, by Richard F. Lark, Esq., in Appeal No. 2719, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for ap- proval of insufficient width and area, property located at Maple Avenue (Private Road No. 7), Southold, New York, that after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having 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, that no further determination or procedure is required in the SEQRA standards of process. (This declaration should not be considered a determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of John Kramer, in Appeal No. 2720, for a Variance to the Zoning Ordinance, Aticle III, Section 100-31 for permission to construct dwelling with an insufficient frontyard setback of approximately 24'9", and with an insufficient sideyard setback of approximately 7'4" at property located at the corner of Habor Lights Drive and Windjammer Lane, Southold, New York (1000-71-2-20), that after review of the Environmental Assessment Short Southold Town Board of Appeals -20- July 24,11980 Form, which has indicated that no significant adverse effects were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having 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, that no further determination or procedure is required in the SEQRA standards of process. (This declaration should not be considered a~determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen¥ Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , .seconded bY Mr. Goehringer, it was RESOLVED, in the application of Marian DiCristina Hen- drickson, in Appeal No. 2722, for a Variance to New York Town Law, Section 280-A for approval of access, property located on North View Drive (Private Road No. 11),. Southold, that after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having 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, that no further determination or procedure is required in tbs SEQRA standards of process. (This declaration should not be considered a determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of Adeline Lee, by Abi- gail A. Wickham, Esq., in Appeal No. 2723, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to change lot line between two legal but under- sized lots at Crescent Way, Laurel, New York (!000~I'21-4-p/~ 12.1}~ that after review of the Environmental Assessment Short Form, which hasindicated that no significant adverse effects Southold Town Board of Appeals -21- July 24, 1980 were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having 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, that no further determination or procedure is required in the SEQRA standards of process. (This declaration should not be considered a determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, in the application of North Fork Motel, Inc., in Appeal No. 2684, for a Variance to the Zoning Ordinance, Article VII, Section 100-70, for permission to change exist- ing motel use to privately-owned units (or condominium) use in a B-1 Zone, of property located at the intersection of County Road 27 and Soundview Avenue, Southold, New York, that after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects were likely to occur to the environment, and the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having significant adverse effects upon the environment; and pursuan~ to the N.Y.S. Environmental Quality Review Act, Sections 617.13 and 617.5(a) , and the Southold Town Code, Section 44-4, that no further determination or procedure is reqUired in the SEQRA standards of process. (This declaration should not be considered a determination made for any other department or agency.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the ne×t regular meeting of this Board be scheduled for Thursday, August 14, i~S0~ at ?~30 o'clock p.m., and that the following appeals be scheduled and adver- tised for public hearings to be held on said date: Southold Town Board of Appeals -22- July 24, 1980 7:40 p.m. 7:50 p.m. 8:00 p.m: 8:20 p.m. 8:35 p.m. 8:55 p.m. 9:10 p.m. Application of Wilfred G. Gilman, Jr., Appeal No. 2718. To construct addition with insuffi- cient rearyard setback of approximately 14.3' at 12 Greenwood Road, Fishers Island° Application of Joseph and Amelia Smulcheski, Appeal No. 2721. To construct addition with insufficient sideyard setback to three feet from south property line, 140 Carol Road, Southold. Application of Joseph Gajeski, by Richard F. Lark, Esq., Appeal No. 2719. Requests approval of insufficient width and area of property located at Maple Avenue (Private Road No. 7), Southold. Application of John Kramer, Appeal No. 2720, to construct dwelling with an insufficient frontyard setback, approximately 24'9", and insufficient sideyard setback, approximately 7'4", intersection of Harbor Lights Drive and Windjammer Lane, Southold. Application Of Marian DiCristina Hendrickson, Appeal No. 2722. Requests approval of access, N.Y. Town Law Section 280-A. North View Drive, Private Road No. tl, Southold. Application of Adeline Lee, by Abigail A. Wickham, Esq., Appeal No. 2723, for a Variance to the Zoning Ordinance, for permission to change lot line between two legal but under- sized lots. Crescent Way, Laurel, New York. Application of North Fork Motel, Inc., by Samuel Rodland as agent, Appeal No. 2684, for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change existing motel use to privately- owned (or condominium) use in a B-1 Zone. Intersection of County Road 27 and Sound- view Avenue, Southold, New York. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. Being there was no further business to come before the~- Board, the meeting was adjourned. - APPROVED / Respectful ly submitted, F. Kowalski~ Secretary