HomeMy WebLinkAboutZBA-11/08/1989 HEARINGL
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TOWN OF SOUTHOLD: COUNTY OF SUFFOLK
SOUTHOLD TOWN BOARD OF APPEALS
AGENDA
REGULAR MEETING
WEDNESDAY, NOVEMBER 8, 1989
BOARD MEMBERS:
Gerard P. Goehringer,
Serge Doyen, Jr.
James Dinizio, Jr.
Doreen Ferwerda,
Secretary to Board
Chairman
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MR. GOEHRINGER: The regularly
bi-monthly meeting of the SQuthold
session.
The
behalf
notice
TBA
2
scheduled
is now in
first hearing on the agenda is on
of Richard and Patricia Snow. Legal
reads as follows:
Application number 3867, variance to the
Zoning Ordinance, for permission to construct a
fence, exceeds permitted 4 feet, Article XXIII,
Section 1000-231A, Property Location: 1585 Long
Creek Drive, Southold, County Tax Map No. 1000,
Section 55, Block 07, Lot 03.
I have a copy of a survey. The most
recent date is July 21st 1987. It indicates a
one and-a-half story framed house and garage
somewhat centrally located on the property.
The nature of this application appears to
be two six foot stockade fences which run the
distance of actually the rear yard of this
property. Although we have two front yards, one
is on Laurel Avenue and one along Creek Drive
and I h%ve a copy of the Suffolk County tax map
properties in the
indicating the surrounding
area.
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Is there somebody
that would like to be
heard?
MR. SNOW: I'm Mr. Snow.
MR. GOEHRINGER: I'll
ask you to use the
mind. Is there
microphone, if you wouldn't
anything you'd like to say for the record
concerning this?
MR. SNOW: I believe I
the appeal that's necessary.
story is that it's a dead end street.
no place and there's no one bothered
height of the fence other than a lot
who park on the side street and it's
put everything in
Essentially the
It goes
by the
of parkers
necessary
us to clean up the facility of bottles,
for food
wrappers, et cetera. And after doing this
several times we decided to have a fence put up.
Now the problem was that fence
company take care of getting a
I had the
permit before
erecting a fence, or at least they said they
would do so, and they did not do so. And they
erected the fence without getting a permit or
looking'into the regulations. So the fence
actually exists where it should not be on the
side yard now six feet high. So the Building
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Department suggested rather than have the fence 4
company rip it down or move it or something that
we ask for an appeal first to see if it can
remain as is. So that's essentially the story.
MR. GOEHRINGER: What's the purpose of the
fence on the east side of the property because
we have it on both sides?
MR. SNOW: Well, it's property that's not
presently built on and there's all kinds of
debris and pilings in there and it's unsightly.
That's all.
MR. GOEHRINGER: Do you think that bushes
would act as a limiting buffer, you know, in the
same manner as a stockade fence would have acted
or does act?
MR. SNOW: We considered that, yes, but it
was just a lot more money.
MR. GOEHRINGER: You mean in reference in
getting that height and length?
MR. SNOW: Absolutely. I looked into
putting up pine trees of a sufficient height and
it would cost a lot more money. That's all.
MR. GOEHRINGER: Does this fence violate
any covenants and restrictions within the
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subdivision?
MR. SNOW: No, it does not.
MR. GOEHRINGER: Okay.
We'll see what develops tonight from your
neighbors or any neighbors. I know that the
neighbors -- it's not a completely built
subdivision particularly in your area?
MR. SNOW: I have submitted a letter from
the only neighbor involved and he has no
objection to do it.
MR. GOEHRINGER: I thank you very much,
Mr. Snow. We will not be making a decision on
this tonight. I just want you to be aware of
that. It depends upon the length of the hearing
as they go tonight. I seriously doubt it but
we'll get to it within the next few weeks.
MR. SNOW: All right. In other words I'll
be notified by mail?
MR. GOEHRINGER: Yes.
MR. SNOW: Thank you.
MR. GOEHRINGER: Thank you.
I~ there anybody else who would like to
speak in favor of this application?
Anybody who would
like to speak against
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this application?
Questions from board members?
Hearing there is no questions, I make a
motion to reserve the decision until later. All
in favor?
THE BOARD: Aye.
MR. DOYEN: All right. The next appeal is
on behalf of Fred and Carol Hiddink. Appeal
number 3885. Legal notice reads as follows:
On application 3885 variance to the Zoning
Ordinance, for permission to construct an
accessory inground pool, proposed construction
will exceed permitted lot coverage in this R-40
Zone District, Article III A, Section 100-30
A.3,. Property Location: 614 Bailey Avenue,
Greenport, County Tax Map No. 1000, Section 34,
Block 04, Lot 05.
I have a copy of a survey. The recent
date is August 25th 1989. It indicates a two
story framed house approximately 33 feet from
Bailey Avenue and appears to be a framed garage
of approximately 16 by 20. And the nature of
this application in the rear of the house is a
proposed swimming pool of 16 by 36. There's a
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copy of
this and surrounding properties
Would you like to speak?
MRS. HIDDINK: Yes, I would.
the Suffolk County tax map indicating
in the area.
just have to say basically what I
already. I have a diabetic child and
autistic child and that's basically
to do this. And also we have a cut
it and also they're going to up the
this if we don't get this approval.
basically it.
MR. GOEHRINGER: We
coverage figures. When I
I guess I
said to you
I have an
why we want
off date on
price on
That's
thank you for the lot
was dealing with them
I was dealing with it on the basis of a rear
yard only and that's the reason why our figures
were higher than yours as opposed to just total
lot coverage, which I concur with evaluation of
your property. Hopefully tonight it will afford
us tonight to make the decision on this
Okay. I'd appreciate it.
application.
MRS. HIDDINK:
Thank y6u very much.
MR. GOEHRINGER: Thank you.
Is there anyone else who would like
to
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speak in favor of this application?
Anybody who would like to speak against
this application?
Seeing no hands -- any questions from
board members?
THE BOARD: No.
MR. GOEHRINGER: Seeing there's no
questions, I make a motion to reserve the
decision until later.
MR. DOYEN: Second.
MR. GOEHRINGER: Ail in favor?
THE BOARD: Aye.
MR. GOEHRINGER: Next appeal is on behalf
of Herbert Macomber, appeal number 3877. Legal
notice reads as follows:
Appeal number 3877, variance to the Zoning
Ordinance, for permission to construct a deck
with ramp, proposed construction will have
insufficient side yard setbacks, Article XXIV,
Section 100-244 B. Property Location: 250
Anglers Road, Greenport, County Tax Map No.
1000, S~ction 36, Block 2, Lot 1. I have a copy
of the survey most recent date July 28th 1989
indicating a one story framed house. And the
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nature of this application is a concrete
approach to a deck and I assume that's close to
the south side of the house, which the nature of
the application is its proximity to that
particular property on its side. And I have a
copy of the Suffolk County tax map indicating
this and surrounding properties in the area.
Which one of you would like to speak?
MRS. MACOMBER: Seeing this is mostly my
problem, I should have something to say. We
built our deck because we needed it right away.
We couldn't wait for the board to approve it and
it is built over the sidewalk that was there
and it is close to the property.
you have a letter from Mrs. Claven
approving of
yard instead
has disapproved of it and it's
far as me that I can't walk up
MR. GOEHRINGER: Okay.
much for coming tonight, Mrs.
And I believe
Ryneford
the deck only wishing it was in her
of mine. But otherwise nobody else
I~ there anybody else who would
speak in favor of this application?
Anybody who would like to speak
a necessity as
the steps.
We thank you very
Macomber.
like to
against
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the application?
I should really pause in between, I
apologize.
Hearing no further comments I'm making a
motion to close the hearing reserving the
decision until later.
THE BOARD: Aye.
MR. GOEHRINGER:
Ail in favor?
Next appeal is
of Dr. Fredrick
number is 3880.
follows:
Variance
Stern and Diane Stern.
The legal notice
on behalf
Appeal
reads as
to the Zoning Ordinance, for
permission to construct a deck addition to
existing dwelling, proposed construction will
have insufficient rear yard setbacks, Article
XXIV, Section 100-244. Property Location:
Sigsbee Road, Mattituck, County Tax Map No.
1000, Section 144, Block 1, Lot 17. I have a
copy of a survey produced by Young and Young
indicating an existing one story framed house
2100
placed approximately in the center of
42 of t~is particular subdivision map.
indicating a proposed deck of
by 22 showing an insufficient
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lot number
And
approximately 18
rear yard of 29
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feet and basically encroachment into this rear
yard of about 6 feet. And I have a copy of the
Suffolk County tax map indicating this and
surrounding properties in the area?
Would you like to be heard?
MR. STERN: When we decided to have the
deck built we had the builder down there. He
filed for the permits and meanwhile put in the
frame and the peers so that when the inspector
came out there he could see that everything was
down to the proper depth. When the inspector
came down there everything was stopped because
of having 35 feet it was 6 feet too long instead
of 35 feet. Nothing has been done since that
time.
Unfortunately the position of that house
is the furthest setback of the one on the west
side of the street. Therefore if I put a deck
up to the limit it would not be functional at
all. So that is why we would like to make it 6
feet more. Neither neighbors have any
objecti6ns. The property in back of me is the
99 acre farm of John Hausing. Abutting the rear
property line is a group of scrub trees with
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land on the other side that is
nothing back there whatsoever.
MR. GOEHRINGER: Doctor,
going to be roofed in any way?
MR. STERN: No.
MR. GOEHRINGER:
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lined fallow with
is this deck
It will remain open?
MR. STERN: It is the closest to ground
level that we can get on the side. That is more
I believe than 18 inches high there will be a
fence put. The other side is within the limits
where a fence is not needed. There will be no
roofing.
Okay. We
thank you very
You're welcome.
Is there anybody else who
favor of this
MR. GOEHRINGER:
much, sir.
MR. STERN:
MR. GOEHRINGER:
would like to speak in
application?
Anybody who would
this application?
like to speak against
Questions from any board members?
T~E BOARD= No.
MR. GOEHRINGER: Hearing there is no
further questions, I make a motion to close the
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hearing and reserve the decision.
I should mention this before people leave.
You are very welcome to call our office tomorrow
after ten o'clock. Tomorrow we'll give you the
determination of the board. We're going to try
to do the best we can in reference to making the
decisions tonight. I have no idea how lengthy
the series of hearings is going to be, but we'll
do the best we can.
All in favor?
THE BOARD: Aye.
MR. GOEHRINGER: Thank you very much for
coming in.
Next appeal is on behalf of Richard and
Joan Gibbs, appeal number 3871. Legal notice
read as follows: Application number 3871,
variance to the Zoning Ordinance, for permission
to construct an accessory building in front yard
area, Article
(Article III,
Location:
County ~ax
Lot 4.
A copy of a
III A, Section 100-30 A.4,
Section 100-33). Property
2140 Deep Hole Drive, Mattituck,
Map No. 1000, Section 123, Block 4,
survey is here with no
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specific date on it. The property is presently
a one story stucco house with a small patio
area, which is somewhat secured toward the
northerly property line. It lies approximately
100 feet from Depot Drive. The applicants
proposes to place a storage building of 16 by 20
approximately in the area of the gravel
driveway, equal distance between the house and
Depot Drive and somewhat centered on the
opposite side of the lot.
I have a copy of this survey and a copy of
the Suffolk County tax map indicating this and
surrounding properties in the area. The Gibbs
are from Westport Connecticut. I do not believe
they're here tonight; is that correct?
Is there anybody else who would like to
speak in favor of this application?
Anybody who would like to speak against
this application?
Questions from board members?
THE BOARD: NO.
Mk. GOEHRINGER: All right. The only
thing I don't see is a distance from Depot
Drive. We'll have to scale it and we'll leave
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it
on that particular basis.
Hearing no further comments, I make a
motion to close the hearing and reserve the
decision until later.
MR. DINIZIO: Second.
MR. GOEHRINGER: Ail in favor?
THE BOARD: Aye.
MR. GOEHRINGER: This appeal is
on Warren
and Susan Cannon. Legal notice is as follows:
Upon application, the applicant number
3869, variance to the Zoning Ordinance, for
approval to construct poolhouse, pool and
accessory garage in front yard area in this R-80
Zone District, Article III, Section 100-32.
Property Location: 4625 Aldrich Lane,
Extension, Mattituck, County Tax Map No. 1000,
Section 112, Block 01, Lot 14. I have a copy of
a survey produced by Young and Young. The most
recent date is September 22, 1988. The nature
of this application is a 20 by 40 foot swimming
pool in the front yard area and in front of
that, s%ill in the front yard area, a proposed
garage in the front yard area of 24 by 45. And
I have a -- I should mention that the lot is an
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I.
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extensively large lot of approximately 4.319
acres on the Long Island Sound. And I have a
copy of this and a copy of the Suffolk County
tax map of this and surrounding properties in
the area.
Is there somebody who would like to be
heard?
MR. CANNON: Yes. My name is Warren
Cannon.
MR. GOEHRINGER: Hi. How are you tonight?
MR. CANNON: Very well, thank you.
There are five houses located there.
They're all oriented toward the sound. The
front of the house, as we see it, is toward the
sound, but technically that's the backyard and
the only entrance through the property is what
is technically the front yard. All other houses
have accessory, also technically the front yard
because that's about the only way for doing it.
Our house is situated about a hundred and
five feet from the bluff line and the topography
of the iand is such that even if we could, we
would not want to put anything between the house
and the water because that's why we're there.
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So that's the problem. I believe its been
staked out since roughly July. I believe you
have had a chance to
MR. GOEHRINGER:
want to leave there.
MR. CANNON:
meantime, winter is
take a look at it.
Yes, I have. I didn't
It's pretty nice. But
approaching and the
opportunities
smaller and smaller
help.
MR. GOEHRINGER:
for coming in.
Is there
speak in favor
Is there
in the
for outside work is getting
so we'd be grateful for your
We thank you very much
against the
Questions
THE BOARD:
anybody else who would like to
of this application?
anybody who would like to speak
application?
from board members?
No.
If there are no further
to close the
the decision until later.
Next appeal is appeal
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MR. GOEHRINGER:
questions, I'll make a motion
hearing and reserve
All in ~avor?
THE BOARD: Aye.
MR. GOEHRINGER:
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number 3876 on behalf of John P. Dewar. The
legal notice reads as follows:
Upon application the applicant number
3876, variance to the Zoning Ordinance, for
approval to construct an attached deck, proposed
construction will have insufficient front yard
setbacks in this R-40 Zone District, Article
XXIV, Section 100-244, Property Location: 4420
Oaklawn Avenue, Southold, County Tax Map No.
1000, Section 70, Block 9, Section 46.
A copy of a survey has been provided
indicating an existing house approximately 37
feet from Oakland Avenue. The nature of this
application appearing to be a deck, it does not
show the actual length of the deck but the depth
is approximately 8 feet affixed to the front of
the dwelling and I ask the applicant the size.
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It encroaches into the front yard to a minimum
distance to 29 feet. So it would probably be an
encroachment of approximately 6 feet. And I
have a copy of the Suffolk County tax map
indicating this and other properties in the
area.
Is there somebody here who would like to
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be heard on this application?
MR. DEWAR: My name is John Dewar. The
contractor doing the job is on vacation right
now
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and he's got the paperwork.
MR. GOEHRINGER: The only thing I don't
see is the width and the actual length of it.
it's 8 by --
MR. DEWAR: I think it was 8 by 12,
MR. GOEHRINGER: You'll be happy if we
approve an 8 by 127
MR. DEWAR: Yes.
MR. GOEHRINGER: Okay. You're sure it's
12 or 13 or 14 or close to that? You know what,
give us a call tomorrow.
MR. DEWAR: Give you a call tomorrow?
MR. GOEHRINGER: Yes.
MR. DEWAR: I'll have to call him and find
out.
MR. GOEHRINGER: Okay. It looks like it's
just fitting into a certain area there.
MR. DEWAR: It is in front of the living
room.
MR. GOEHRINGER: So before we
it would behoove
actually
you to give
make the decision,
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~ 2 me that.
3 MR. DEWAR: I'll get in touch with him and
4 I'll call you.
5 MR. GOEHRINGER: Thank you very much.
6 Is there anybody else who would like to
7 speak in favor of the application?
8 Anybody who would like to speak against
9 the application?
10 Questions from board members?
11 THE BOARD: No.
12 MR. GOEHRINGER: If there are no further
~ I 13 questions, I'll make a motion to close the
14 hearing and reserve the the decision until
15 later.
16 MR. DOYEN: Second.
17 MR. GOEHRINGER: All in favor?
18 THE BOARD: Aye.
19 MR. GOEHRINGER: Okay. We have
20 approximately five minutes here. I have eight
21 o'clock. The next appeal is 8:05. I guess
22 we'll take a five minute break at this juncture.
23 I'll ma~e a motion.
~ ~ 24 MR. DOYEN: Second.
25 MR. GOEHRINGER: All in favor?
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THE BOARD: Aye.
(Whereupon, a recess
was taken.)
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(Whereupon, after the recess, the hearing
continued as follows:)
MR. GOEHRINGER: I'd like to make a motion
to readjourn.
Appeal number 3878 Robert Potdevin.
Variance to the Zoning Ordinance, for permission
to construct an addition to existing one family
dwelling, proposed construction will have
insufficient side yard setbacks and is within
feet from the bulkhead, Article III A, Section
100-30 A.3, (Article XXIII, Section 100-239d
(B). Property Location: 4250 Peconic Bay
Boulevard, Laurel, County Tax Map No. 1000,
Section 128, Block 4, Lot 23. Copy of a survey
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amended May 17, 1989 indicating the particular
position of the two proposed applications and
the deck, which is basically in the rear yard of
the house and does not show a distance on the
survey to the actual bulkhead, but we'll ask the
questions of the applicant. And a copy of a
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Suffolk County tax map indicating this and
surrounding properties in the area.
Is there somebody who would like to be
heard on this application?
MR. SCOTT: I'm Richard Scott. I'm the
designer for Mr. Potdevin. I have a couple of
documents I'd like to submit. One is a D.E.C.
letter of no jurisdiction which was expedited
for us by intersigns in Bridgehampton. Another
is a copy of the board of the town of trustees
approval and a copy of the tax map you said you
have, so I'll hang on to that.
Mr. Potdevin's lot is a pre-existing
non-conforming lot which he's owned since 1959.
Of zoning which occurred as I understand last
January requires 150 feet street frontage. Mr.
Potdevin's lot has 100 feet on the street but
the lot is actually only 80 feet wide.
The totaled required side yard is only 35
feet and we're requesting a total side yard of
25 feet. The 35 foot side yard would be about
23 percent of conforming lot, which would be 150
feet, and our side yard, which we're asking for
25 feet, would be about 31 percent of the 80.
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So in terms of the percentages we're doing
pretty well.
Under the zoning laws applicable until
last January, 25 percent was the total required
and if the parcel were part of the legal
subdivision now, we would not even have to be in
front of the board.
With regard to the neighborhood on the
west side, the neighbor's house is 6 inches from
the property line. On the east side the
Goodwins received a variance in 1986 for a 12
and-a-half foot west side yard and his addition
is approximately 35 feet from the bulkhead. I
have a copy of Mr. Goodwin's appeal that I'd
like to submit.
With regard to the design of the addition
we try to keep a low profile of a one story
addition and sensitive to the proximity of the
neighbors from the site lines to their houses.
And although the required side yard does require
variance, it extends no further towards the
bulkhead than the existing house and the deck.
And the proposed deck will be approximately 45
feet from the bulkhead and the addition to the
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house will be about 60 feet away.
With regard to the difficulties, in adding
to the house in a conforming location, if we
added the same squar'e footage it would be
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extremely difficult to add that same square
footage without extending passed the front wall
on the bay side. It would end up being a very
awkward and strange room. We would only have
five feet on the north wall of the addition.
And any other additions we put on there would
still be non-conforming with respect to the
distance to the bulkhead and a non-conforming
addition because of the addition. We do a
number of things that would be more
objectionable, I think. First it would destroy
the existing view of the house and it would
interfere with the view of the neighbor's house.
It would almost eliminate the usable backyard
space of the existing dwelling and we think it
would create a dangerous relationship with
respect to the distance
also ha~e the potential
the erosion that occurs
We're only requesting
to the bluff. It would
to accelerate some of
along those bluffs.
the 5 yard relief
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from the existing side yard, and we don't feel
that it's that substantial essentially in terms
of percentages and lot widths. We're not going
to increase the density of the area or the
number of people even using the property.
We have no detriment to the adjoining
properties and the difficulty can't be done
any other solution.
by
the deck
And due to the existing
character of the neighborhood and the Goodwin
variance and the difficulty of the site, we
think the interest of justice would be served by
granting the variance.
MR. GOEHRINGER: You stated that
to be approximately 45 feet from the
was going
bulkhead?
MR.
SCOTT: Yes.
MR. GOEHRINGER: It appears that
well, there are two basic additions
the deck. Are those going to be
habitable dwelling?
MR. SCOTT: Just one addition.
that --
including
part of the
GOEHRINGER: Okay.
SCOTT: The deck is an addition to an
and added floor space to the
MR.
MR.
existing deck
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existing house.
MR. GOEHRINGER: Okay. So the addition
that we have that there will be a portion of
this proposed addition will be a part of a
habitable dwelling?
MR. SCOTT: Yes.
MR. GOEHRINGER: And that's the part
primarily on the southwest side?
MR. SCOTT: That's correct.
MR. GOEHRINGER: The deck sticks out or
protrudes farther than the deck that just runs
along the front of the house, which is the part
on the southwest side. Is that 45 feet at its
closest point to the bulkhead or is the deck in
front of the house 45 feet?
MR. SCOTT: The proposed addition, the
addition that we're proposing for the deck is 45
feet. The existing deck is close to that. I
think it may be even closer than 45 feet.
MR. GOEHRINGER: Okay.
MR. SCOTT: The addition of the living
space is 60 feet away, which is actually further
than the existing.
MR. GOEHRINGER: Let me point something
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out here. If you wouldn't mind stepping up here
for a second just so we get this thing right.
This is an addition to the deck right in here?
MR. SCOTT: That's correct.
to
MR. GOEHRINGER: This distance from here
here you're saying is 45 feet?
MR. SCOTT: Yes.
MR. GOEHRINGER: Is that correct?
MR. SCOTT: That's correct.
MR. GOEHRINGER: And this is the proposed
addition which is the nature of this
inadequacy, so to speak?
MR. SCOTT: Yes.
MR. GOEHRINGER: And there's
the habitable dwelling and this
of the main house which will be
the habitable dwelling?
side yard
the part of
is the portion
an addition to
MR. SCOTT: Yes.
MR. GOEHRINGER: If this board so
indicated as in not making this deck any closer
than the existing deck and we draw a line across
here, what would be the distance between here
and here?
MR. SCOTT: Well, I measured this.
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Instead of taking this
here, which is an obtuse
perpendicular from here,
any closer.
MR. GOEHRINGER:
MR. SCOTT: That's correct.
MR. GOE~RINGER:
very much.
Is there anybody
speak in favor of this
Anybody who would
this application?
Questions from board
THE BOARD: No.
MR. GOEHRINGER:
questions,
reserving
MR.
MR.
THE
MR.
coming in.
Ail
distance from the edge
angle, but to go on a
in this case we're not
Because of this angle?
I understand. Thank you
else who would like to
application?
like to speak against
members?
Hearing no further
number
I make a motion closing the
the decision until later?
DOYEN: Second.
hearing
for
GOEHRINGER: Ail in favor?
BOARD: Aye.
GOEHRINGER: Thank you very much
Have a safe trip home.
right. The next appeal is appeal
3883 on behalf of Best and Syverson.
28
The
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legal notice reads as follows:
On application number 3883, variance to
the Zoning Ordinance, for permission to
construct alterations, additions and conversion
to year round use to existing dwelling, proposed
construction will have non-conforming uses in
this R-40 Zone District, Article XXIV, Section
100-241 A. Property Location: 420 Private Road
#i7 off of Camp Mineola Road, Mattituck, County
Tax Map No. 1000, Section 123, Block 6, Lot 17.
I have a copy of a survey with the most
recent date being revised August 23rd 1988. The
nature of the application is not the existing
two story framed house but the one story framed
house, the one and-a-half story, which sits
equally distant between the house on the water
and the framed garage. All of which are located
on the southerly end of this particular piece of
property, which is approximately variable 89 by
602 feet. And I have a copy of a Suffolk County
tax map indicating this and surrounding
properties in the area.
Would the Bests like to be heard or you're
being represented by counsel?
29
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MR. ROSS: Good evening. Dan Ross of
Wickham, Wickham and Bressler on behalf of Mr.
Syverson in support of the application.
Basically it's a simple application. We wish to
reconstruct and approve the existing house on
the premises so it can be used as a retirement
home. Mrs. Syverson and Mrs. Best, who are
sisters, inherited the property from their
grandfather. Mrs. Best lives in the big house,
as you may call it, year round. Mr. Syverson is
there from time to time and wishes to improve
the other house so she can live in it full time
in her retirement. The house has been used year
round in the past and it's used from time to
time now by friends and relatives of the Bests
and Syversons. There's a non-conforming
certificate with respect to it.
Basically we're seeking to improve and
reconstruct this building for residential use
and in a residential zone. The hardship here is
the house is in disrepair. Basically it needs
improvihg and without the relief we're seeking
the result will be a continued depreciation of
the house.
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We submitted plans to
Harrington and West are our local
are prepared to proceed. They're
the board.
builders and
here tonight
if you have questions for them. Mrs. Syverson
31
and Mrs. Best are here if you have questions for
them.
MR. GOEHRINGER: Are we increasing this
house by more than 50 percent of what this house
is worth?
MR. ROSS: I haven't done the calculation
on the square footage. I'm willing to do those
and submit them.
MR. GOEHRINGER: Primarily the actual
figures also to support your documents. Also
just to support your documents, in reference to
drawing in on the site plan so that we can get a
better idea of the whole project, if you
wouldn't mind. And you said that the house is
presently heated. How is that heated, do you
know?
MR. ROSS: I didn't say it was heated. I
said it's presently used from time to time.
It's been used in the past. I understand
there's a fireplace there and there has been
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space heaters used.
MR. GOEHRINGER: So it's really a seasonal
dwelling?
MR. ROSS: It's been used full time in the
past. Right now it's used from time to time
because of the state of repair.
MR. GOEHRINGER: I understand.
MR. ROSS: I wouldn't want to characterize
it as a seasonal.
MR. GOEHRINGER: Okay. Is the well hooked
up to the existing well on the other house or is
there a separate well?
MR. ROSS: Separate well.
MR. GOEHRINGER: And is the sanitary
system hooked up to the main house or is it
separate also?
MR. ROSS: Separate.
MR. GOE~RINGER: to the
It's hooked up
main house?
MR. ROSS: No, it's separate. I
understand it's a new sanitary system for one of
the houses. That was just done.
MR. GOE~RINGER: So is the same with the
electrical system, separate meter?
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is separate.
you.
you.
Is there anybody else
favor of this
33
who
like to speak against
MR. ROSS: Everything
MR. GOEHRINGER: Thank
MR. ROSS: Thank
MR. GOEHRINGER:
would like to speak in
application?
Anybody who would
the application?
Any questions from the board?
THE BOARD: No.
MR. GOEHRINGER: In closing this hearing
we'll be closing it pending a receipt of the
information requested from the attorney Mr.
Ross and I'll offer that as a resolution.
MR. DOYEN: Second.
MR. GOEHRINGER: All in favor?
THE BOARD: Aye.
MR. GOEHRINGER: Thank you very much
coming in. Have a safe trip home.
Dan
for
Next appeal appears to be the last appeal
except for the opening of a prior hearing which
is in b~half of Compass Transports, appeal
number 3872. The legal notice reads as follows=
For application variance to the Zoning
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Ordinance, for approval of site plan before any
Certificate of Occupancy or building permits can
be issued in this Hamlet Business Zoning
District (HB), Article XXV, Section 100-250.
Property Location: 175 Boisseau Avenue,
Southold, County Tax Map No. 1000, Section 062,
Block 01, Lot 16. Copy of a survey which ends
up to be the closest thing to a site plan
property appearing to be approximately 75 by 80.
It is improved by a one story framed building of
approximately 1,547 square feet. I believe it
was the nature of Legion Hall at one time, and
we have here many of the aspects of the site
plan process shown on this particular map. I
have a copy of the Suffolk County tax map
indicating this and surrounding properties in
the area. The map, by the way, was done by
Peconic Surveyors. The most recent date was May
25th 1989.
Mr. Packman, would you like to speak?
MR. PACKMAN: Yes. My name is Howard
Packman2 I am the attorney for Compass
Transports. My address is 366 Veterans Memorial
Highway, Commack, New York.
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The principal of Compass Transports is
Markakis. This application comes to you by
route of the planning board.
As you have said, this
in existence for some time.
V.F.W. no longer used
building has been
In 1983 where the
that building, the
planning board
parking spaces
that effect and I
resolution.
Now at that
approved that site for five
and there was a resolution to
have a certified copy of the
time based upon that approval
35
of five parking spaces a Certificate of
Occupancy was issued for the premises and I have
a copy of that for you too, Mr. Chairman. And
the site was approved and was operated as a
printing shop. In 1987 the printing shop was
discontinued, and yes, the site plan had showed
have a copy here
five parking spaces are
of the building. When the
Mr. Markakis, on behalf of
the property, decided that he
at that time, which was a
the five parking spaces.
also.
As you can see the
on the north side
operatibn stopped,
his ownership on
wanted to put in
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permitted use under the then existing ordinance,
a fast food operation to sell Greek delicacies
on site and off site. He found out that the
then zoning ordinance permitted parking for each
one car, for each three spaces -- excuse me, one
car for each -- one for each five seats. He had
five spaces so he submitted an application to
the Department of Health in Suffolk County for
25 parking, a restaurant of 25 parking spaces,
25 seats to accommodate the parking that was
board knows
notice that
permitted.
As this
take judicial
the Suffolk
some time.
submitting
approval of
County Department of
And after almost two
revised applications,
the seating capacity
and I think you'll
doing business with
Health takes
years of
he did get
of 25 seats
based upon the five parking spaces and the
Health Department granted approval on June 16th
1989.
Prior to that
an application
prior to which
Department
in December of 1988, he made
under the then zoning ordinance
changed to the Building
of the Town of Southold for
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renovations on this
accommodate the use
delicatessen fast food
received the necessary
building so it would
that he proposed, the
operation. And he
building permits
to build
this subject to his getting the Health
Department, which was still pending before the
Health Department and that application with its
receipts and permits is here for your
information.
On June 20th of 1989, June 14, the town
changed this ordinance, and as a result of the
change of the ordinance the parking ratio
changed from the previous one for five to be one
for three or one space for every 100 square
feet.
When he went to the board of the
application before the planning board, they said
that based upon the existing zoning ordinance as
it exists now, we cannot grant you the site plan
a sufficient
understand that
the Health Department had
this application any time
37
approval because you don't have
number of parking spaces.
N6w gentlemen, you would
if this application,
come in and approved
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before the change of ordinance
1989, this would
acceptable use.
in January of
have been a perfectly
The planning board could not
turn it down because the parking ratio and the
number of seats that would be required would be
adequate under the ordinance.
When he ascertained that the number of
parking spaces was in inadequate for its use, he
revised his interior site plan to provide the
number of seating tables inside would no longer
be 25 but it would be 15 to accommodate the
existing number of parking spaces that he has.
And he established an interior plan which you
will notice calls for six tables with two chairs
per table and three stools at the counter which
equals the 15 necessary seats which would
accommodate itself because of the necessary
parking.
Another important observation that this
board should realize that this site has been in
single and separate ownership since its
existence, and he's unable to purchase or get
any land on any side that surrounds it because
it's in different ownership and it's been
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developed to
I
C ompa ny
its fullest extent.
have from the Chicago Title
a certificate of single and
ownership certifying that this parcel
in single and separate ownership, and
though it doesn't meet all
requirements of
meet all of the
requirements.
The current
Insurance
separate
has been
even
the current
the zoning ordinance, it would
single and separateownership
39
ordinance as it stands is not
very clear as to the requirements with reference
to restaurants of this nature. This is not a
fast food restaurant, so it falls under the
category of restaurant accepted drive which I
said was one space per three seats or one space
for 100 feet of floor space. That's very
important to realize, this term floor space.
If you look at the balance of the parking
ordinance, it talks about floor area, not floor
space. Now floor area is defined in the
ordinance as being the sum of the gross of
horizontal area. I don't have to tell you what
it means. You people are familiar with it and
it talks about the total building as the
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totalsquare foot area. But there's nothing that
talks about floor space and that's important.
Because if you look at the interior design plan
that I gave you, the actual floor space that
will be utilized for the customer area excludes
the area behind the counter, the walk-in cooler
and the kitchen. So the very small area that
exists around the counter is approximately under
500 square feet, I've been advised.
So under the current code if you
square foot area or you use the number
the five parking spaces will be accommodating
the number of chairs that Mr. Markakis intends
is 15. So under all circumstances
requisite requirements of the
use the
of seats,
to use which
he meets the
ordinance.
The biggest problem is that again if the
current ordinance is strictly construed, the
unique hardship and the special conditions that
exist to him is different than all
the area.
if you
generally in the
this particular
the other
look at all the other stores
Hamlet area, generally around
site, very few of them have
places in
N$w
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adequate, if at all, on-site/off street parking.
Most of the area here is basically people who
are parking in the streets. We will be able to
put our cars on site. It's tight, it is an area
which is built because of the existing building
but it is adequate to meet the required parking.
I have some photographs here to show you
how the five cars meet the ordinance and are
adequate for the needs.
(Handing of photographs.)
So the parking is adequate for its needs
and does meet the requisite requirements of the
ordinance.
MR. GOEHRINGER: By the way, I just want
to mention to the audience that we'll take a
break during the, actually I hate to use the
word middle part but the center part of this
hearing and we'll be very happy to share with
the audience everything that has been submitted
tonight and we'll lay it right out on the table.
And we'll take a five minute break for anybody
who would like to look at it and we'll reconvene
at this particular portion of the hearing if
anybody would be interested in the information
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that was presented to us tonight.
Thank you, Mr. Packman.
MR. PACKMAN: I would reserve any comments
by way of rebuttal.
MR. GOEHRINGER: The only thing I would
like to have, I realize that this is drawn to
scale, but can you give me something that's a
little more certified in reference to total
area. You don't have to do it right this
minute. I'll be perfectly honest with you. I
do not specifically want to close this hearing
tonight. I want to go down and study this. I
want to discuss the area of floor space and the
definition that you have given us with the
planning
space.
floor
board and their definition of floor
MR. PACKMAN: Well their definition of
space, I don't think they have defined it
adequately and the ultimate person, the ultimate
who can define floor space is this board here.
MR. GOEHRINGER: I understand that but
just in'their determination of what they did and
I'll ask you that question at this time. How
did it end up back here?
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sir.
MR. PACKMAN: That's a fair statement,
I may, I'm going to give you
area here.
give me the
MR. GOEHRINGER: But let me just finish
this statement though. Can you give me
something a little more in the area of
approximate square footage of these area?
MR. PACKMAN: We'll get that area
certified.
MR. GOEHRINGER: You can send it to us.
MR. PACKMAN: I'll have Mr. Markakis
it in.
MR. GOEHRINGER: Just if you would.
MR. PACKMAN: But we're talking about,
Chairman, so I can understand so there's no
confusion. If
square footage of this
MR. GOEHRINGER: You can
square footage of the kitchen.
MR. PACKMAN: You want each
one of
actual
three items square footage?
MR. GOEHRINGER: And the
area and the counter.
MR. PACKMAN: Okay.
MR. GOEHRINGER: Thank you.
bring
Mr.
the
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those
seating
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MR. PACKMAN: NO problem.
On May 19th of 1989 a letter was sent to
Mr. Markakis indicating that there was a
resolution of the planning board which said:
Whereas, the planning board has reviewed
the engineer's reports, they had gotten an
engineer's report, the report states that the
maximum allowable parking which could provide is
limited to three spaces, which unfortunately is
contrary to what their own planning board having
approved five spaces on that location. The
report also states that these three spaces could
be used by a majority of vehicles if caution is
exercised entering and exiting.
Whereas the required number of parking
spaces for a restaurant described in Article 29
of the Town Code is one space per three seats,
one space per 100 square feet of floor space,
whichever is greater, the building area for the
proposed site is 1,547 square feet thus
requiring 15 parking spaces. The proposed plan
is for 15 seats thus requiring five parking
spaces as per the code 15 spaces are required.
Whereas the restaurant in this use creates
44
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a large volume of vehicular and pedestrian
traffic for this particular use. It is not
possible to design the site so as to insure
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that
the individuals will use the site with caution
while exiting, entering and driving around the
site. It is also not possible to restrict cars
which are larger than the majority
using the parking area.
And whereas based upon the
board's review of the engineer's
of cars from
planning
report on a
number of parking spaces for the site, the board
feels that there's insufficient parking for the
proposed use.
And therefore the
the application.
Obviously we take
planning board denies
the view that there are
adequate spaces. We don't need relief from the
board, but if so we do come to this board for
relief of a variance of the number of parking
spaces from 15 to 5 because 5 already exist.
Five in our opinion are all that are required,
and we don't necessarily agree with the planning
board as to the statement that you need 15
spaces under the new ordinance. We say we
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comply with the five spaces because the floor
space is the area, not the floor area as defined
in the statute. It is the area where the
customers actually go and not to the kitchen
area or the refrigerator area. No people go
into those spaces or behind the counter. They
generate nothing.
Now as you know, the area to the south of
this property is the Wayside Market. We're on
Boisseau Avenue. To the north is a residential
house which exists across the way. Directly
opposite on the left to the north are
residences. To the south bordering on the east,
northeast corner is the Thompson Emporium and
the Thompson Sportswear. There is off street
parking in that particular site. In fact,
that's only one of streets between Boisseau and
across the street which is Hobart. On the
southeast corner is the Quiet Man and to the
east of that is the Plymouth new sales car
operation, and to the southwest corner is the
Main Street Beverage. Slightly to the west of
that is Joe Anthony's and then there's some
other buildings on the south side of Route 25A.
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So this is a very tight Hamlet business
area. These are old buildings. They have been
here for some time. Old uses that have been
here for some time and for many period of time
the adequate parking is not the same that you
would have when you build a new shopping center
or a new store or a new area where you can
afford to put off street parking on.
And therefore we ask the board for relief
based upon the various areas in the
neighborhood. As I said there may be some
people here who oppose this application and
before I proceed any further I would like to
hear what they have to say and request the right
to give rebuttal.
MR. GOEHRINGER: I have only one other
question. This gentleman was asked to be
restricted to three parking spaces. What is
your interpretation or what is your opinion
concerning the actual seating capacity of this
I'm sorry, Mr. chairman. I
proposed restaurant?
MR. PACKMAN:
don't follow you.
MR. GOEHRINGER: You said that this
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planning board says that all that can be
accommodated there are three parking spaces.
Then what would be the nature of the seating
capacity in this restaurant?
MR. PACKMAN: If it only were allowed
three?
MR. GOEHRINGER: Yes.
MR. PACKMAN: We would have to reduce it
on the current ordinance.
MR. GOEHRINGER: Right.
MR. PACKMAN: We would have to reduce it
for one for every three. We would have to
reduce it to nine.
MR. GOEHRINGER: And you're basically
looking for 157
MR. PACKMAN: 15.
MR. GOEHRINGER: All right. I thank you.
Is there anybody else who would like to
speak in favor of this application?
At this particular time I request that we
take a five minute recess. We'll take this
informa%ion that has been submitted to us along
with the file and place it on the table. We ask
you to place everything back in the areas that
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have
been submitted to us.
And I'll ask for a motion to
MR. DOYEN: So moved.
MR. GOEHRINGER: All in favor?
THE BOARD: Aye.
MR. GOEHRINGER: I guess we're ready to
reconvene.
THE BOARD: So moved.
MR. GOEHRINGER: All in favor?
THE BOARD: Aye.
(Whereupon, a recess was taken.)
recess.
(Whereupon, after the recess, the hearing
continued as follows:)
MR. GOEHRINGER: Is there anybody who
would like to speak against this application?
MS. COCHRAN: Mr. Chairman and members of
the board. I'm Jean Cochran speaking as a
private citizen.
Although my husband and I do not own
property directly adjacent to the property
that's being discussed this evening, we do own
property and live across the street from this
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establishment.
If this variance
concerned to adding to
traffic condition.
Avenue is the last
heading east until
All
two
they
is granted we are very
an already serious
As you are aware, Boisseau
major north/south road
you come to Albertson Lane.
traffic traveling northeast between these
points use Boisseau Avenue.
When the V.F.W. occupied this
held an affair,
building
cars would park on both
and
sides of the road and with the width of the road
the way it is, the highway many times becomes
one lane. We have already had this experience
and are well aware what will happen if off
street parking is not adequately provided.
During the busy months cars are often
backed up on Boisseau as far as my driveway
waiting to exit on to the main road, which also
adds to the congestion.
Another problem that exists are when
5O
parking is heavy on Boisseau, our driveways are
blocked'by inconsiderate people. If there is an
emergency the proper vehicles could not get
through to our homes. Adding to the congestion
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is the exit drive from Thompsons on Boisseau.
Another problem that exists that effects the
traffic flow is cars coming out often Boisseau
and for some reason they think that my driveway
is the entrance to Thompson Emporium. Suddenly
they realize their error and whip back on to the
highway and this happens every single day.
My husband and I are both village people
having both been brought up near the villages
when we were children. I in Riverhead and Pep
in Southold. When pop gave us the land 39 years
ago, we were well aware that businesses would be
our neighbors. And we have never had a problem
with that. We like living near the village.
The limited parking presently provided on
the site in question is not conducive to use.
To exit this property would be worth your life
with traffic conditions and parked cars. Your
vision would be greatly hindered. Therefore,
most customers would park on
In all the time that this shop
printin~ shop, there was not one car,
knowledge, that pulled in and parked behind the
fence, nor does the owner himself.
the highway.
served as
to my
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Another question, where will the employees
park? I urge the board to consider the
conditions as they exist as it will cause a
hardship to many people using Boisseau Avenue As
a route. It will cause a hardship to the
businesses and the surrounding residences and it
will heavily add to a very bad existing traffic
problem.
Thank you, Mr. chairman.
MR. GOEHRINGER: Thank you.
Is there anybody else who would like to
speak against this application?
MR. BEDNOSKY: My name is Wes Bednosky,
Junior, and I own the property immediately to
the north of this proposed restaurant.
The statement was made a while ago that he
tried to purchase additional land and our family
has owned that property for approximately 60 to
70 years and no time was anybody approached
about buying our land or any portion thereof.
just want to make that point.
The other point I wanted to just add on to
Jean's statement about the congestion. There's
already seven driveways and one fire hydrant in
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the immediate area which adds
street parking.
Additionally,
to limit off
his site plan includes a
portion of his parking lot that is on my
property, and if he succeeds in gaining this it
will result in legal action on my part because
fence are on our
his retaining wall and
property.
Thank you for
MR. GOEHRINGER:
Is there anybody
speak?
your time.
Thank you.
else who would
like to
MR. ADAMSON: Walt Adamson. I
Wayside Market property. I believe
letter there that I sent. In being
that I have, I do not see how a man
profit on a nine seat place.
read my letter, you have read
what's going on.
MR. GOEHRINGER: It's
Thank you.
Is there anybody else
speak?
MS.
own the
I have a
in business
can make a
And if you want to
it so you know
53
a part of the file.
who would like to
SILVONIC: Norma Silvonic. I agree
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that was said.
Is there anybody else who
rebuttal.
Chairman,
with everything
MR. GOEHRINGER:
would like to speak?
Okay Mr. Packman,
MR. PACKMAN: Mr.
in some kind of reverse order.
let me do this
I don't know if
I misspoke, I apologize. I didn't say that we
attempted to buy any property in the area. I
said it's owned individually by other parties
and we're not in a position to buy anybody
else's land. I didn't say we made an offer to
anyone or attempted to make an offer to anyone,
so Mr. Bednosky, no offer was made to you.
MR. BEDNOSKY: That's not what you said.
You said you attempted.
MR. PACKMAN: The record will show what I
said. I'm willing to stand on what I said.
I don't know about this fence problem that
he talks about and his retaining wall and how
long it's been there.
Do you know how long that retaining wall
has been there, sir?
MR. BEDNOSKY: It's been there since he
first started working on the property.
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MR. PACKMAN:
MR. BEDNOSKY:
MR. PACKMAN:
MR. BEDNOSKY:
years ago. I don't
MR. PACKMAN:
that time?
MR. BEDNOSKY:
MR. PACKMAN:
Was it there before that?
No.
When was it put up?
Approximately four, five
know the exact date.
But it's been there since
Yes.
Thank you.
With reference to Mr. Adamson, I have read
his letter and I would sure as heck object if I
was running his store and someone told me
whether I was making a profit or not. That's
not for me to look into his pocket and I suggest
that he don't look into my client's pocket. So
that's really not issue.
He talks about the use of cars parking
using his parking lot. I find that somewhat
anomalous when he's parking in the right of way
of the road and when he is parking on what used
to be the sidewalk area over there. I don't
understand how he can be doing that, but if
that's the way it is, I don't think he should
impose upon any greater restrictions of his
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that he already is doing himself. I
pictures of the way he parks his cars
neighbors
have some
and you can see that if you go to visit the site
and walk down the sidewalk, you see it stops by
my client's property and it's all blacktop where
he parks his cars and he also parks his cars in
front of the building, which is apparently also
in the right of way.
We're trying to operate this property.
This property is lawfully zoned the way it is.
We have the right to use this property. The
property has the adequate number of parking
spaces that were approved by the planning board.
The very essence of what this board does is to
relieve people from the strict compliance of the
zoning ordinance. That's why you exist. That's
why you grant variances every time you grant a
variance. You are varying the strict compliance
of the law. So my client's application which
asks for a variance if one is necessary and I
argue that one is not necessary that it is
improper to say why aren't we giving strict
compliance with the law.
It is also interesting to note that
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several cars I am told that are either employees
of Mr. Adamson and the Wayside Market constantly
park in front of the property of my client and
uses that as a parking area. And I think if you
check the license plate on one of those cars,
which I think I gave you the picture, you'll
find that they seem to be parked in front of
that building very often. Again, I think that
those comments and criticisms don't go to the
merits of the argument and I suggest that this
board handle this matter on the merit as it is a
legitimate application being made and that the
use of this property is properly used.
Now Mrs. Cochran who comes as an
interested citizen who lives down the block
should know in her public capacity that the
handling of traffic is a police matter not
before this board of appeals. That the people
who park in her driveway or block her driveway
is not as a result of my client doing business
there. That's a result of the way the street is
located'and where it is located, and he should
not be the one who is visited upon the ills
because there is a poor traffic flow at that
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particular junction. He should be allowed to
operate his business the same way that Mr.
Adamson operates his business and the same as
Mr. Bednosky whatever he does at his particular
house and Mrs. Cochran getting in and out of her
driveway. So it should be understandable that
she should be tolerant of what is going on here
and try to make an accomodation as how we can
work this thing out together.
Now the board chairman mentioned what
would be the fact if we only had three parking
58
spaces there. I would suggest to you that as an
accommodation, if you provide for the three
parking spaces then we ask you to vary the
number of seats we can have from 9 to 15.
will go along with the application if that is
the wisdom of this board that we use three
parking spaces on site and permit us to vary the
from the 9 to
the situation
So we
number of seats that
the 15. So we would
to work something
neighbors. And I
we can have
accommodate
out to be neighborly with our
trust that we can do that.
My client has expended substantial sums of
money, in excess of $27,000 buying equipment
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with the understanding and hope, the thought
that he was when he got the Health Department
permit and we submitted the permit before the
Building Department
based upon the five
that the zoning ordinance
became unfair. So he has
which is another reason why this
should be granted.
So I think in
that it would be approved
spaces and then found out
changed. Then it
a financial hardship,
application
toto this board I know will
go over this carefully. I know it will listen
to the application on the pro side and it will
listen to the application of those who oppose it
and try to work something out which will be fair
to all the parties.
But again the strict application of this
ordinance, the unnecessary hardship and all the
requisite criteria that go into granting
variances have been established and do exist
under the very reasons why this application
should be granted. The adjacent properties
which h~ve the uses that they have that have
existed for some time should not be allowed to
be an inhibiting factor to my client's right to
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6O
use his property, which is properly zoned,
properly located and has the right to be used.
Thank you, Mr. Chairman.
MR. GOEHRINGER: I just want to give these
pictures to Mr. Adamson so that he may review
them.
MR. PACKMAN: Can I just make one
statement?
MR. GOEHRINGER: I just wanted you to
review them.
Mr. Packman, while they're reviewing them,
can I just ask you a question? It seems
somewhat unique to me that in the notice of
and the reason I'm addressing this
nothing to do with prior
that you have brought before us,
disapproval,
and this has
applications
but definitely you do
applications,
PACKMAN:
compliment.
GOEHRINGER~
there's no question
come before us with some
about
Thank you, sir.
I accept
It's meant to be a
unique
it.
MR.
that as a
MR.
compliment.
It appears that we're definitely dealing
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61
with site plan requirements
disapproval. Ail right.
MR. PACKMAN: No. The
are
in the notice of
parking requirement
not site plan requirements. They are zoning
requirements. The number of parking spaces
based upon the usage and the number of seats is
a zoning board requirement.
MR. GOEHRINGER: So your contention is
that it is definitely a zoning board
requirement?
MR. PACKMAN: Well, we need site plan
requirements, that's a zoning ordinance
and the only one who can grant
approval. I'm not suggesting that we don't.
But I'm saying to you that if you look at the
ordinance specifically 100-191, which is the
Article 29 which sets forth the off street
parking
requirement
relief from that is this board by way of
variance. And within that section it defines
the use and the number of spaces that are
required within that use.
MR. GOE~RINGER: Okay.
MR. PACKMAN: Again I suggested to you,
sir, before in response that if I may amplify
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that under the ordinance before the change the
number of parking spaces required was one to
three and no square footage requirement. And
again if this application, if it wasn't for the
Health Department holding this thing for up to
two years and that application was submitted
before the change of zone, the change of the
zoning ordinance, this would have been a
proformer application. So therefore that's the
uniqueness of the problem and the hardship that
we have.
MR. GOEHRINGER: Okay. Mrs. Cochran.
MRS. COCHRAN: Mr. Chairman, I would just
like to clarify my only concern for being here
is not only my driveway. It is the complete
congestion in the area and the traffic problems
that we currently have. It's already a mess.
You don't knowingly add to the mess that's
already there.
Thank you, sir.
MR. GOE~RINGER: Thank you.
MR. BEDNOSKY: I'd just like to bring to
the board's attention that the photographs
submitted would take on a little bit different
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context if the retaining wall and the fence were
in their proper place because there is
approximately one foot difference on that side
line where he has built on our property.
MR. GOEHRINGER: Mr. Packman, are you
aware of any encroachment on their property?
MR. PACKMAN: No. I would like to speak
to my client, if I may?
MR. MARKAKIS: Good evening, Mr. Chairman.
I appreciate highly comments concerning public
safety. I brought matters of public safety to
the attention of the town board five years ago.
I stood before the board right here. I wrote
again and again for conditions which should
concern the neighborhood, and for which Mrs.
Cochran today speaks, she was there at the time
five years ago, six years ago. She wouldn't
speak.
Life threatening conditions, we have
experienced facts. I went before the board
requesting that they do the proper things to
obtain B traffic light at the intersection. I
was told this was a matter for the state, but I
did bring this to the board and I have a letter
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of thanks from the supervisor on that. It took
a lot of pain, lots of agony. My children could
not approach my building and they couldn't come
anymore to help me make a living because of the
conditions of the traffic next door. Cars
backing up, injuring people. It took a lot of
pain until the town board decided it was about
time to put a dividing line across the street,
Boisseau Avenue, going all the way up.
So many years we had to see a two-year old
child being killed about a mile up until they
woke up. To divide, to put the dividing line
and also observe a speed limit of those cars
going up and down at high speeds. So life
threatening conditions did exist five, six years
ago. The sensitivity that comes to surface
today did not exist at the time, and I do
appreciate that sensitivity when it comes to
public safety and human life very much. I
insist on that. It's a matter of record. My
letters have been at the supervisor's office. I
have had some unsatisfactory answers from the
supervisor and from the superintendent of the
highways at the time. The matter was going back
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and forth. I was trying to eliminate dangerous
conditions. And perhaps this left a certain
unfavorable flavor against me. At any rate,
this is the position of life threatening
conditions.
As far as my neighbors, Mr. Bednosky's
remark about purchasing the property, he does
not know what approaches I made to his aunt when
she had the title before she passed it to him.
When I was trying to negotiate and she felt that
she would rather have him take over the other
half. So he doesn't know what went behind the
scenes. At any rate --
MR. BEDNOSKY: Nothing could go behind the
scenes when I own the property.
MR. MARKAKIS: At the time, sir, you did
not own 50 percent of the property. It was
Laura Young and it's on the record.
As far as monument, if you stand at the
entrance of the property which is 75 feet wide,
you see the northern part on the right, the
monument, and you see the curb and the fence 18
inches inside my property, not outside. But
this is a matter of fact. Ail right. So I
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won't argue that.
As far as.to profit making, what Mr.
Adamson proposed for doing business, he got the
answer from my attorney. The only thing I would
ask if you have your own nest dirty, don't mess
around with the neighbors. I could elaborate.
I believe in living and let living.
MR. PACKMAN: Mr. Chairman, I have a
survey here which is the print of the same
survey which I gave you with the Health
Department approval on it, and I think if you
look at the north line where Mr. Bednosky's
property is located, the survey appears to show
that the fence is on Mr. Markakis' property and
so it seems to be the law. And you have a copy
of that.
MR. GOEHRINGER: That's correct.
MR. PACKMAN: Thank you.
MR. MARKAKIS: If I may, you know it comes
to mind when I first came here 23 years ago Mr.
Adamson just started his store. I was told that
even if'you live here a hundred years you will
still be considered an outsider. I laughed at
the fact. Well, I don't like to go through the
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pain and the agony I experienced and the
tremendous things done to me in the interim.
They're a matter of records, police reports
so on and so forth.
and
Thank you very much.
MR. GOEHRINGER: Thank you.
MS. COCHRAN: Mr. Chairman, if I may.
Some points have been raised in reference to my
serving as a public servant. Number 1, in the
five years I've been on the town board of
Southold, twice I have tried through the state
to get traffic lights on Boisseau Avenue. The
first time the letter we received they said it
didn't warrant
asked the
them along with asking for the
67
it. The one that we got last
year they added one sentence to the particular
form letter that they mail out that said a
traffic light would only add to the problems of
the intersection.
As far as lines being painted down the
road, I believe I superintendent of
highways to paint
guardrails up by the post office, along with
many many other things you do as a member of the
town board to try to alleviate dangerous
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situations.
It's very unfortunate that Mr. Markakis as
he did at the planning board hearing stand and
make accusations and falsehoods. None of us
that live on Boisseau Avenue recall injuries
because of the parking. Everyone is
particularly careful because of the conditions.
Nor do we recall a two-year old child being
killed up the road. So it's unfortunate.
Thank you.
MR. GOE~RINGER: Mr. Packman, can I
you a question?
MR. PACKMAN: Yes.
MR. GOEHRINGER:
survey that you have
fact
last
link
line
one
so?
ask
Toward the rear of that
just showed me, is it not a
that it could be an encroachment on say the
few feet of that property with that chain
fence? It appears that
in one area back there.
little spot in the back
it runs over the
DO you see that
maybe ten feet or
MR. PACKMAN: That's a stockade fence.
That's a different fence, sir.
MR.
GOEHRINGER: That's a different fence?
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it's
MR. PACKMAN: Yes, the way I
a wood plank fence.
MR. GOEHRINGER: Let me
look at
it
point to you.
MR. PACKMAN: Maybe I'm looking at the
wrong spot, sir.
MR. GOEHRINGER: Ail the way to the rear
right back here?
MR. PACKMAN: I don't think he's
complaining about that.
MR. GOEHRINGER: But I'm just saying that
so that would be construed to be an
encroachment.
MR. PACKMAN: That's not where the parking
problem is.
MR. GOEHRINGER: I understand.
MR. PACKMAN: I can see that, sir.
MR. GOEHRINGER: Okay. Now as you know,
Mr. Packman, we are empowered and we have in
prior hearings sworn people any and all persons
involved. My only statement to the applicant is
does he feel that he could operate this business
69
with five parking spaces on site with absolutely
no parallel parking on Boisseau Avenue? Does he
feel that that could be the case?
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MR. PACKMAN: I can't answer that, sir.
MR. GOEHRINGER: Do you feel that you
could operate this business with five parking
spaces on site with no parallel parking?
MR. MARKAKIS: Yes, sir. This is not
first class restaurant. This is not a
restaurant, in per se. It's going to be a
7O
a
coffee shop with some ethnic delicacies for the
community. If some of our neighbors want to go
buy a pound of feta cheese, he wants the genuine
stuff, he has to go to Astoria. I want to bring
it here, olives, olive oil and this kind of
stuff. So there would be a good number of take
out verses sit in.
MR. PACKMAN: That's why he suggested,
sir, that if we wanted to reduce the number of
the benefit of
parking spaces to three, give us
still permitting us the number of chairs and
then we would then be
both worlds.
MR. GOEHRINGER:
that I have is
north side and
side?
able to have the best of
And the other question
that.the ingress would be on the
the egress would be on the south
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MR. PACKMAN: That's the way it goes. I
have pictures of that.
MR. GOEHRINGER: I can see it. There
appears to be enough room to get around the
building.
MR. MARKAKIS: It's natural for the people
as you drive, unless you are left handed, to go
the other way. But the majority of the people
find it easier to go from right to left than the
other way, and I found it through experience to
be more careful. That's why I provided this
way. I can go the other way but it's not so
convenient.
MR. PACKMAN: Here's the truck coming out
on the south side. You can see the clearance.
And here's a van on the east side showing the
clearance. Here again is another turn around
showing the clearance and here's another one
showing the clearance. So you can see that's a
very big vehicle so it has room to maneuver.
MR. GOEHRINGER: Okay. Are there any
further-comments from anyone that may
here.
MS. COCHRAN: Will the board be
not be
inspecting
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the site?
MR. GOEHRINGER: I have inspected the site
twice Mrs. Cochran. I'll be back inspecting it
and I may ask Mr. Markakis to let me in as well
as any board member that might want to look at
that. As you can see tonight we have two board
members out of state.
MS. COCHRAN: Yes, I am aware of that.
MR. GOEHRINGER: I called the town
attorney today and informed him that I was not
planning on closing this hearing until the next
regularly scheduled meeting. I'll ask you
however at the next regularly scheduled meeting
to limit your comments to five minutes,
considering that we have spent quite some time
on this. I'm never trying to restrict anybody
from any comments that are pertinent concerning
a case, but we don't know how the other two
board members will react. Both of them are from
the Hamlet of Southold. They're well aware of
this particular property. They probably
attended many weddings as I did in this
particular building and it would be unfair of
me. At the same time I do want to discuss the
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73
nature of these parking requirements with the
town attorney. And so I'm going to make the
suggestion that we hold this particular hearing
over and recess it with the date of November
30th. We may change that date to the following
week, but we'll readvertise and inform not only
the people that have spoken tonight and that is
yourself and Mr. Adamson and the other gentleman
and the lady in back of him by the nature of the
advertisements in the paper. We'll make you
aware of the fact that it is going to be
continued on either November 30th or the
following date of which we should have a full
board there at that particular time. And as I
said I'll get the rest of the information. I
want to extract either from visiting the site as
well as the board members visiting the site and
from my discussion with the town attorney.
MS. COCHRAN: Thank you, Mr. Chairman.
MR. GOE~RINGER: Do you have something
else Mr. Packman?
MR. PACKMAN: No.
MR. GOE~RINGER: I offer that as a
resolution.
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time.
MR. PACKMAN: I'll be present during
74
that
MR. GOEHRINGER: Ail right.
MR. DINIZIO: Second.
MR. GOEHRINGER: Yes, Mr. Bednosky.
MR. BEDNOSKY: I would just like to
reiterate one thing that was mentioned before.
What about employee parking?
MR. GOEHRINGER: That is not a question.
MR. BEDNOSKY: There is no parking on
that
street. If anybody parks in front of my
property does so illegally because there's a
fire hydrant and two driveways right on the
property.
MR. GOE~RINGER: While you're still
standing, I just wanted to mention that that was
the purpose of my question to the applicant.
Can he operate this business with five parking
spaces.
MR. BEDNOSKY: Which includes not only the
tables but the help.
~R. GOEHRINGER: I'm restricting it to
five parking spaces.
MR. BEDNOSKY: I made a mistake before.
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When I said seven driveways it's eight
driveways. I'm sorry. I made a mistake.
MR. GOEHRINGER: Before you sit down,
that's why I asked the question. Because there
is a great possibility, and we have had in the
past made a recommendation to, not on this
project or any other project that is in this
immediate vicinity, we have asked the highway
superintendent to paint lines in front of
properties indicating no parking zones, and that
is the reason why I asked that question. That
is an option that we have had in the past and we
have imposed that option in the past.
Unfortunately, one we imposed on the state
highway and the state refused to do it, but we
have done it on town roads also and that is
again no parallel parking in front of the
properties alongside the sidewalk, so to speak.
MR. BEDNOSKY: But it doesn't say the
adjoining properties because when the V.F.W. had
their functions we had people parking in front
of our driveways. When he had family parties
there they parked in the middle of the highway
and made it a one lane road, okay, and in front
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of the fire hydrant and in front of the
driveways and in the middle of the highway
they had the parties there and this is the
man that I'm referring to that had family
parties in that place.
MR. PACKMAN: If you read the ordinance, I
when
same
know you're familiar
is required for employees. The
specifically says it. There is
additional parking
this ordinance for
with it where extra parking
ordinance
no specific
required in the wisdom of
employees. The requirement
is clear and set forth
based upon stools or square footage.
talks about fish markets or training
so many parking spaces
Where it
facilities
for employees or other areas where the employees
go in, the ordinance specifically sets forth
additional parking for employees. So I just ask
you to take judicial notice of your own
ordinance.
MR. GOEHRINGER: Okay. All in favor?
THE BOARD: Aye.
M~. GOEHRINGER: Now again, the statement
for the purpose of the people that are here,
we're recessing this hearing with a date at this
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particular time. It is our opinion that the
date is going to be November 30th. That date
could change one week later. We'll know
approximately ten days before which is around
the 20th of November and we'll then readvertise
in the paper and we'll of course inform the
applicant and Mrs. Cochran in the same
situation.
We thank you all very much for your
courtesy and have a save trip home.
I have before me the Port of Egypt
somewhat a scattered order. We had recessed
file in
and therefore by the nature of
stated, I'm opening the hearing
if he would like to
77
this hearing on the 21st of September and we
came back the following meeting. We had a
special meeting and we advertised for a date
which is tonight,
what I have just
and I'm asking Mr. Lieblein
address the board?
MR. LIEBLEIN: I have
a copy of this letter. I don't
eliminates the necessity of the that I
I thought it might save the town some money.
I have a letter dated November 8th 1989
submitted in writing
know if that
copy say.
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addressed to Mr. Gerald Goehringer, Town Board
of Appeals, Southold Town Hall, Southold, New
York 11971.
Dear Mr. Goehringer, We appreciate the
board's recessing the last meeting to allow us
to respond to the questions raised by Mr. Flynn
at that time. We received a copy of the
transcript on October 10th. Mr. Flynn's
comments cover from Page 92 to 112 and they
cover many
respond to
As I
different subjects. I will try to
them in a logical manner.
read the transcript I got the
distinct impression that Mr. Flynn feels that I
and my family are sly, sneaky, devious
businessmen and all the other owners of marinas
are probably like us. I refer here to the
comments on Page 94 about other
on Page 102 where he refers
Available" sign which he
when I realized he would
lots I may own
to the "Slips
insinuates I removed
use it against me. And
on Page 108 where he refers to a "trick
involved" implying that some attempt has been
made to cover up the fact that I have an
interest in the property on which the motel is
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79
located.
My family has been operating the Port of
Egypt since February 1946 -- over 43 1/2 years.
I worked there part time all through grade and
high school and full time since February of
1969, or over 20 years. During all these years
we've worked at building up the business so it
could support all the family members as well as
non-family members who work there. At the same
time we've been good neighbors in the community
and have provided services that are needed.
That's why I resent the implication that we are
bad people. Like most other small businessmen,
we have invested money, time and energy into our
business with the hope of making a profit. We
always face the risk of losses due to changes in
the economy or hurricanes like Carol in '54 or
Gloria in '85.
The reason we want to build the new
storage building is to allow us to fullfill a
demand for service, primarily winter storage at
this time, and increase our income base so we
will be less susceptible to fluctuations in the
boat sales end of our business.
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the
Having stating my position, let me
comments made
On Page 93,
the property on which
8O
address
to
by Mr. Flynn.
Mr. Flynn makes reference
the motel is located.
This property was purchased in 1984 by myself,
my wife, her brother and his wife. Since we are
all equal shareholders, I own 25%, if it is
assumed that I can convince my wife to go along
with my wishes, then I control 50%.
We purchased the property through the
Suffolk County Industrial Development Agency.
On Page 108 Mr.
Flynn implies that this was a
bit of trickery on our part, as I mentioned
earlier. In addition he throws in a zinger at
the bottom of Page 108 in which he states that
by using the IDA, hiding behind the IDA, we are
help new businesses
start and existing business grow by making money
available at a reduced rate and providing some
tax exempt. I use the term "zinger" here
because Mr. Flynn is trying to show or prove
that we used devious means to get the money to
buy the property and we don't pay taxes besides.
Let me state the real facts here. The
purpose-of an IDA loan
is to
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81
tax breaks. We actually borrowed the money from
North Fork Bank and Trust Company to purchase
and refurbish the property, which was extremely
run down. The bank loaned us the money at 11%
which was a lower rate than usual because they
are exempt from income tax on the interest
income they receive.
We are not exempt from property taxes. We
make a payment in lieu of taxes. This year we
paid $24,907.00.
We bought the property because we thought
it was a good investment. However, primarily
because of brown tide, it has not been such a
great investment. There are no scallops so the
scallop shop closed down. The fish in the bays
were not so numerous so sales of fish and
fishing tackle are down, and tourists have not
been overabundant, so the motel revenue is down.
At the present time we'd like to sell but
the real estate market is down too.
I now state that in evaluating the
requests for variances with regard to our
permit, the motel property should not be
considered. I'm sure the town attorney can rule
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on that.
By the way, with reference to Albertson
Marine on Page 109, Albertson Marine leases the
marina sales store on the property.
Let's go back to Page 102 where Mr. Flynn
refers to our "Slips Available" sign and draws
the conclusion that there is no demonstrable
demand and this is all an exercise in futility.
This year we never quite filled all our slips.
We had about ten open and we had about ten
openings in high and dry. Based on the increase
in demand for slips and high and dry space, next
year we expect to be at 100%. Next year, if we
have not rented all our slips over the winter,
we will put the sign out again.
No growing business waits until it is at
capacity before it expands to meet demand. It
tries to anticipate demand. Providing available
high and dry slips is a logical step on our
part.
We, in fact, have a present demand for
inside winter storage which greatly exceeds our
capacity. We now have a waiting list. By
Christmas our present building will be
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completely filled, as it has been for the
previous two winters. It was this demand that
caused us to decide to erect a new building
three years ago. By the way, our first meeting
with town representatives took place two years
ago November.
On Page 105 Mr. Flynn makes reference to
the winter storage needs of boats in the marina
as well as those of area boaters who keep their
boats near their homes. It is the needs of
these boaters that have created the immediate
demand just mentioned. And providing winter
storage is one of a marinas key income sources.
We could not survive without it.
There are some key factors that should be
brought out here. Some of the boaters who dock
their boats in the water take their boats home
for the winter as Mr. Flynn properly stated.
The same is true of people who keep their boats
in high and dry. Over the years, we have
observed that as high and dry boats leave, we
fill in-with winter storage of boats.
One of the problems we face when we fill
our building to capacity is that we cannot get
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at those boats to work on them, that is to
conduct maintenance requested by the owners.
When we are trying to get this work done and
thus keep our employees working, we have to do a
lot of boat juggling which is time consuming and
expensive. The new storage building will
relieve this pressure.
On Page 105 Mr. Flynn states that 1000 to
1250 square feet are required to store boats
when a travel lift is used. Even a 10 by 30
boat only takes 300 square feet, not 1000 to
1200. We don't use a travel lift, but even
yards with a travel lift use the space between
large boats to store small boats. So no space
is wasted.
One of the plus sides of a storage
building is that it allows three to four times
as many boats to be stored on the area of upland
which should be considered a very positive
benefit.
On Page 102, Mr. Plynn raises the question
of how we can stack boats three high with a 25
foot eve height. I don't know what that has to
do with the request for a variance, but it
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that we will be able to stack boats
and if the boats are small, four
85
happens
three high
high.
He also states that the building is
dangerous on Page 103. Similar structures exist
all over the country. There have been a few
fires. That's certainly one of the big fears of
every marina owner. We all take as many
precautions as possible and the risk is minimal.
When there is a fire, the boats don't explode.
They burn and the building collapses on top of
the boats -and it's a big mess. That's one of
the risks we take in the business. In this case
we propose to erect the building in an area not
adjoining dwellings. There's a 60 foot buffer
to the marina on the west and over 60 feet to
the chicken restaurant and offices to the east
with a septic system in between. So nothing
would ever be built there. So it would appear
to be as safe a place as one could find in the
area.
On Page 98 Mr. Flynn gets into a lengthy
analysis of parking. It is my understanding
that that question is in the hands of the
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planning board. However, I'd like to address
for the record. Based on our experience over
the past 20 years, we never have had even 50%
86
it
of
our boats in use on any given day. In our
proposal to the planning board, we have
dedicated all our land on the north side of
Route 25 to parking. We don't anticipate that
we'll ever need this area and, in fact, we hope
that in the future a realistic figure will be
placed on parking requirements, which will allow
us to use that land for something else.
We would like to point out that on an
occasion when parking requirements were in
excess of spaces shown on the plot plan, we
could park cars in the bottom bays of the
building which would take care of 40 cars
instantly. And we could always resort to
stacking the cars in the boat racks or use valet
parking inside.
As the board probably knows, Southold Town
conducted a survey this summer at all the
marinas-in town to see what parking requirements
really were. The results of the survey showed
that even on the busiest weekends, requirements
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were only about one car for three boats.
Our application is before this board for a
ruling on three variances. We need the side
yard variance so as to allow the maximum parking
on the west side of the new building. This will
also minimize the reduction of the view towards
the water from the road and the existing
restaurant, Armando's.
We need the front yard setback to give the
most maneuvering area on the south side of the
building by the water. The building will be
further off the road than existing buildings
on the property and its location will not change
the character of the neighborhood.
Gentlemen, we have tried to analyze all
the various calculations of Mr. Flynn from Page
92 through 101 unsuccessfully. We certainly
could not see why the concrete washing pad in
front of the building would be considered a
building by Mr. Flynn, I'm referring to Page 96.
There is no attempt at segmentation of our
property. We had Van Tuyl Surveyors calculate
the area o fall the land belonging to Port of
Egypt Enterprises on teh south side of Route 25
87
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and that area is 216,058 square feet. It does
not take into account the basin. The actual
area of each building was also calculated and
the total is 66,498 square feet. The total
building are is 30.78% of the total land area.
Since this is only slightly over the limit of
30% we ask for the waiver on that percentage
coverage also.
We would like to add that we are presently
negotiating with the New York State Department
of Transportation to purchase or lease, at a
minimum, the area directly in front of the
restaurant. If and when that occurs, we will
have at least 9240 square feet of additional
land which will reduce our lot coverage to
29.5%. It certainly appears likely that this
will occur since the Department of
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Transportation in its letter to the planning
board dated June 29th 1989 says that they will
require us to lease the land.
As stated above, it's a fairly simple
are and
calculation of land area and building
the figures speak for themselves.
We thank the board for taking the time to
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allow us to respond to Mr. Flynn's comments. If
as a result of any further comments made by Mr.
Flynn or anyone else, the board needs further
information from us, we will be happy to provide
it. We have with us the deeds requested at the
last hearing. We ask that the board review the
facts and make a decision on our request as soon
as possible.
Sincerely, William H. Lieblein,
President, Port of Egypt.
MR. GOEHRINGER: The only question I want
to ask you is do you own the title to the basin,
the under water lands?
MR. LIEBLEIN: Good question. We own the
land and we dug the hole. If you dig a hole and
let the water in, I don't know if that means you
don't own the land anymore. I think you still
own it.
MR. GOEHRINGER:
That doesn't mean that
it, as you know,
have title to the
you have exclusive control over
but you probably feel that you
land?
MR. LIEBLEIN: Yes.
MR. GOEHRINGER: Thank you
very much.
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I just wanted to mention to you what we
will do is we won't be closing this hearing and
more or less a proformer act at the next
regularly scheduled meeting and we'll be doing
that in case there's anything forth coming.
MR. LIEBLEIN: I understand and I didn't
expect a decision tonight.
MR. GOEHRINGER: Well, we have a quarum.
here.
MR. LIEBLEIN: Ail your members aren't
MR. GOEHRINGER: No. We don't know if Mr.
Flynn is going to come in and ask for a copy of
this which you have supplied us with and he may
make a comment or two and at that time you may
want to make a following comment, and if we
close the hearing we can't take anymore
comments.
MR. LIEBLEIN: So you can't close the
hearing tonight?
MR. GOEHRINGER: I want to close it at the
next regularly scheduled meeting which is
Novembe~ 30th.
MR. LIEBLEIN: Okay. I don't have any
control. You ran an ad and you said we're going
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to have a meeting.
I'm asking that you
your decision.
MR. GOEHRINGER:
board.
If you have any questions.
close the hearing and make
Well, let me ask the
MR. DINIZIO:
MR. LIEBLEIN:
who wanted to come
and it's page 92 to 112.
chance to say everything
don't know.
I'm for closing the meeting.
We ran an ad and everyone
had an opportunity to speak
Maybe he didn't get a
at that meeting. I
MR. GOEHRINGER: Let's see if there's
anybody else who wants to speak.
MR. LIEBLEIN: Fine. Thank you.
MR. GOEHRINGER: Is there anybody else who
would like to speak either in favor or against
this application, this is Port of Egypt. It is
a building 25,000 square feet.
MR. LIEBLEIN: No, 27,000 square feet.
It's a big building for storing boats.
MR. GOEHRINGER: Bearing no further
comment, I make a motion to close the hearing.
All in favor?
TEE BOARD:
Aye.
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MR.
thank you
MR.
patience.
MR.
trip
GOEHRINGER: Thank you very
for coming.
LIEBLEIN: Thank you for your
GOEHRINGER: No problem.
home.
(TIME NOTED: 9:25 P.M.)
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much and I
Have a safe
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CERTIFICATION
I, BARBARA J. ZILNICKI a Shorthand
Reporter and Notary Public in and for the
of New York, do hereby certify:
THAT the foregoing is a true and
transcript of my stenographic notes.
IN WITNESS WHEREOF, I have hereunto
hand this /~ day of ~)a'C¢7;7~, 1989.
BARBARA J. ~ILNICKI
State
accurate
set my
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