HomeMy WebLinkAboutZBA-05/15/1990 HEARING 1
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TOWN OF SOUTHOLD
COUNTY OF SUFFOLK : STATE OF NEW YORK
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS HEARING :
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York
May 15, 1990
7:37 P.M.
BEFORE :
GERARD P. GOEHRINGER,
Chairman.
BOARD MEMBERS:
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Doree.~Ferwerda,
Secretary to Board
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THE CHAIRMAN:
monthly meeting of
Board of Appeals.
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This is the regular
the Southold Town Zoning
The first hearing on the
agenda is Appeal Number 3940,
Harold and Sara Taubin.
reads as follows:
Appeal Number
in behalf of
The legal notice
3940, Harold and Sara
Taubin, Variance to the Zoning Ordinance,
Article IliA, Section 100-30A.4 (100-33) for
permission to construct an accessory
building in front yard area. Accessory
buildings may be located in the required
rear yard. Property Location: 625 Terry
Lane, Southold, County Tax Map No. 1000,
Section 65, Block 1, Lot 23.
I have a copy of the survey.
Actually, it is a sketch of the building
indicating a site plan of the approximate
size and location of the primary structure
and an indication of the accessory
structure, which is the nature of this
application, which is approximately 12 by
14, located approximately 150 feet, plus or
minus, from Terry Lane, about 16 feet from
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the east property line. I have a copy of
the Suffolk County Tax Map indicating this
and surrounding properties in the area. For
the record, this lot is approximately 100 by
239 variable.
Would somebody like to be heard in
behalf of the application? This is the
first appeal.
Would you like to be heard, sir?
MEMBER OF THE AUDIENCE: No.
MR. HELINSKI: Peter Helinski.
THE CHAIRMAN: Will this building be
direction on the ground or will there be
cement block underneath it? What type will
it be?
MR. HELINSKI: It will be set on
cement blocks but the wood that will be
touching the ground or near the ground will
be CCA. It will be treated material.
THE CHAIRMAN: The purpose of the
building is merely for storage. Will it
have any utilities?
MR. HELINSKI: No. Strictly for
storage.
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THE CHAIRMAN: No utilities? No
plumbing?
MR. HELINSKI: No, nothing.
THE CHAIRMAN: All right. ! think
that pretty much answers my question. We
will see if anything else develops. We
thank you for coming in.
MR. HELINSKI: Thank you.
THE CHAIRMAN: Is there anybody else
that would like to speak in favor of the
application?
Anybody that would like to speak
against the application?
Any questions from Board members?
Hearing no further questions,
motion.
MR. SAWICKI: Second.
THE CHAIRMAN:
MR. GRIGONIS:
MR. DOYEN:
MR. SAWICKI:
MR. DINIZIO:
THE CHAIRMAN:
decision for
make a
All in favor?
Aye.
Aye.
Aye.
Aye.
I hope to have a
you in a couple of weeks.
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Thank you for coming in.
The next appeal is in behalf of
Patrick Lohn. This is Appeal Number 3937,
in behalf of Patrick Lohn. The legal notice
reads as follows:
Appeal Number 3937, Patrick Lohn.
Variance to the Zoning Ordinance, Article
XXIII, Section 100-239.4B, for permission to
construct a deck. Proposed construction
will be less than 75 feet from the bulkhead.
Property Location: 2480 Minnehana Boule-
vard, Southold, County Tax Map Ntmlber 1000,
Section 87, Block 3, Lot 57.
I have a copy of the sketch of the
site plan. The application before us is for
... it appears to he a 6 by 12 storage
building approximately 13 feet from ...
referred to as a cove, but it is also a boat
slip similar to what is also cut in the
property on the other side and a deck of 13
by 14 which appears to be ground level
adjacent to the bulkhead. And a copy of the
Suffolk County Tax Map indicating this and
surrounding properties in the area. For the
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record, this lot is Parcel Number 57.
Is there somebody that would like to
be heard in behalf of this application?
MR. McVANN: My name is Tom McVann
and I am an attorney here representing the
owners of the property who are here in the
front row, as well.
This case has a little bit of a
history to it. I don't know how much the
current Board is aware of. Back in 1989,
the Board of Trustees inspected the site and
wrote a letter to the environmental
consultants saying they waived any further
review as long as he could get permits from
the Department of Environmental Conserva-
tion, which, in fact, were granted.
The Building Inspector issued a
permit to build a shed and the Lohns started
the shed, and when they came back to get the
building permit to complete the deck,
because they had let the winter go by, they
were told there was another variance
required. The variance from this body,
because it was left 75 feet from the
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existing bulkhead. In fact, the lot is less
than 75 feet wide from the road to the
water.
The lot has no building on it at all,
other than a little accessory building.
Whether or not the lot is a building lot in
modern times, I don't know. But it
certainly is not a very substantial use for
this particular piece of property.
Mr. Lohn has a house across the
street and his children like to play on this
particular piece, and he would like to keep
his boat there. The reason that he wants to
build a deck is so that the children are not
on the ground. The grass won't grow
correctly there and there is dirt, and there
is nothing of any environmental value and he
wants to put a smooth wooden deck over it to
keep his kids clean in the summer. That is
why we are here.
THE CHAIRMAN: To answer your
question, at one time there was a question
of overlapping jurisdiction between the Town
Trustees and the Zoning Board of Appeals.
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It was at that particular time, that's when
I say ... and I am trying to give you some
timeliness involved here ... I would say
between the last year there was a change and
basically what developed was the Zoning
Board of Appeals had jurisdiction where
there was a bulkhead or some sort of
fragmentation of the bulkhead and the
Trustees had jurisdiqtion when there was no
bulkhead. So in this particular case they
were probably correct in granting a waiver,
notwithstanding the fact that the Zoning
Board of Appeals came in and had other
jurisdictions within the 75 feet.
MR. McVANN: I don't have any problem
with that. I appreciate your explanation.
You have to wonder. Mr. Lohn is amused that
it took 19 months from start to finish
between the agencies involved to keep his
kids o~f the dirt.
THE CHAIRMAN:
questions?
Can I ask you two
MR. McVANN: Sure.
THE CHAIRMAN:
The storage building
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will only be used to store furniture or
related items?
MR. McVANN: That is correct. It
will have no electricity, no plumbing or
anything of that nature.
THE CHAIRMAN: The deck will remain
its present size, 13 by 147
MR. McVANN: The size that is shown
is ...
MR. LOHN: ... on the sketch. Can !
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boat
come forward and show you?
The deck area will be roughly 13 by
14 to the little skirting in front of the
shed. I have it all staked out down there.
I wasn't sure if anybody got down there.
This little thing referred to as a cove is
what we use for the bathing area. There are
no boats kept down there or anything, and
the main reason we wanted to do the deck is
that is where the bulkheading comes in.
There is a lot of ... as you know,
when you get a bulkhead you have a lot of
dripping going down and we are also afraid
the kids are going to stick their legs down.
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We couldn't get grass to grow. We didn't
want to put chemicals and pesticides. We
worry about ticks and other stuff. We
figured a deck would be a nice compromise
for it.
The only problem right now, I can't
use the property the way it is until we can
get it finished. So, but as far as the shed
is concerned ... because that is basically
storage. That's all it is going to be and
that has already been framed. I guess you
saw it when you were down there.
THE CHAIRMAN: Do you want to give me
a guesstimate of how much deck you are going
to put on in front of the shed? We have to
reduce this to writing. I would hate like
beck to have the Board grant that and ...
MR. LOHN: I hear you. I have it as
five feet in front and the reason I just ...
it was just a subjective number so I
wouldn't fall off when I opened the door.
The 14 is from the edge to here
(indicating). This whole area here
measures approximately 25 feet (indicating).
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I think it is.
MR. McVANN: Why don't you add a foot
to your guesstimate?
MR. LOHN:
14. That's 25.
where it is.
MR. McVANN:
MR. LOHN:
to be.
THE CHAIRMAN:
or minus.
MR. LOHN:
You've got six, five, and
I would have to say that is
Why don't we say 27?
Whatever it's staked out
We'll make it 25, plus
On the other thing, on the
dimensions, we had to have the front of the
bulkhead redone and everything got moved
forward a foot. So all my great math went
out the window when that happened. Like I
said, it is since October 1988 it started.
It's driving me crazy at this point.
THE CHAIRMAN: We apologize for this.
MR. LOHN: It wasn't you guys. The
Department of Environmental Conservation, I
blame it on them. As far as the deck is
concerned, it is going to be basically a
ground level type of structure. It is not
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going to be some humongous thing with steps.
THE CHAIRMAN: You want to give me an
idea as to the elevation?
MR. LOHN: ! would say less than a
foot, because what we are trying to do is
make the deck level with the entry door to
the shed and that has been framed. So
whatever that is, that is what it is going
to be, a flush fit,
won't get paid.
THE CHAIRMAN:
MR. McVANN:
or else the carpenters
Very good.
Thank you. I certainly
don't mean to complain, but you are here
working. You put in your time to the
community. It is just unfortunate that
bureaucratic things can kind of grind along.
In this case it did.
THE CHAIRMAN: I couldn't agree with
yOU more.
Is there anybody else that would like
to speak in favor of the application?
Anybody that would like to speak
against?
Any question from the Board members?
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Hearing no further questions, I make
a motion closing this hearing and reserving
decision until later.
MR. SAWICKI: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: .Aye.
MR. LOHN: One last question for me.
When will you let me know?
THE CHAIRMAN: The next meeting is
scheduled for the 30th. So hopefully, we
will deal with most of the issues tonight.
Call us on the 31st, the morning of the
31st.
Thank you, gentlemen, we appreciate.
it.
The next
Sales and Leasing.
as follows:
Appeal Number 3935, JCM Sales and
Leasing. Variance to the Zoning Ordinance,
Article XXIII, Section 239.4, for permission
appeal is in behalf of JCM
The legal notice reads
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to construct an accessory deck, proposed
construction will be less than 100 feet from
the top of the bluff. Property Location:
62825 North Road, Greenport, County Tax Map
Number 1000, Section 40, Block 01, Lot 11.1.
I have a copy of the survey produced
by Roderick Van Tuyl, P.C., dated February
16, 1984, indicating a one and a half story
frame house. It aPPears to be 96 feet from
the top of the bluf~ or lift of the bluff.
The nature of this application is a platform
to be constructed almost even with the width
o~ the bluff, approximately 14 feet by 14
feet, as basically an observation deck or
sun deck, somewhat similar to what the
neighbors in the area have.
For the record, we did observe the
Stern property, which is the nature of the
application tonight before us, and the
Sterns have an observation or sun deck also,
assuming it is a similar type use. I have a
copy of the Suffolk County Tax Map
indicating this and surrounding properties
in the area.
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Would anybody like to be heard?
Sir,
MR.
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state your name for the record.
BERARDINO: Joseph Berardino.
would just like to mention that the plans,
when we presented them, we did get a letter
from the Department of Environmental
Conservation approving it. We had gotten a
permit from the Trustees Department, but a
year and a half ago Qther things came about
that we didn't have the chance to construct
the deck. By the time we got around to
constructing, we were told that the permit
had run out of time.
We applied for an extension and
received the extension, but then were told
by the Building Department that the Trustees
did not have jurisdiction any longer. They
said in that interim period, I guess, is
where the transition took place and that we
would have to reapply to the Building
Department which we did. We had to pay
another fee of $150.00, and we are at this
point now.
THE CHAIRMAN:
Right. You want to
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12 feet,
BERARDINO: Let me see if I have
give me a best estimate on this survey
possibly and, of course, I have seen the
site twice; once from your side and once
from the neighbor's side. Can you give me
an estimate of how far the platform, you
think this would be constructed, so when we
reduce it %o writing ...
MR. BERARDINO: This platform where
the stairs go down?
THE CHAIRMAN: Yes. How far to the
east would you say?
MR. BERARDINO: Twelve feet.
THE CHAIRMAN: Approximately
if I draw a box in there you ...
MR. BERARDINO: I have given you a
copy of one from the Department of
Environmental Conservation.
THE CHAIRMAN: I remember looking at
one, but I did not see when I did the
search. No, I didn't see it. We might
have ... on the morning we discussed this, I
thought you had shown me another copy. You
don't have it?
MR,
!
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it
in my papers.
THE CHAIRMAN:
MR. BERARDIN0:
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Sure, take your time.
It doesn't give you a
distance, but about that far (indicating).
THE CHAIRMAN: From actually the top
of the bluff, it is going to be pretty much
even with it.
MR. BERARDINO: Yes, but the posts
are back further. There will be an overhang
from the posts, but it is not going to
overhang the bluffs.
THE CHAIRMAN: What do you think the
elevation factor above the ground would be?
MR. BERARDINO: The ground slopes
away towards this little deck. So here it
is going to be, you know, four or five or
six inches above the ground, but here it
would be better than 12 to 18 inches above
the ground.
THE CHAIRMAN: The top of the bluffs
as indicated here is never as straight as it
is shown. You just draw a line straight
across. This one is a little more
irregular. We thank you so much.
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MR. BERARDINO: Okay.
THE CHAIRMAN: Of course, it will
remain unroofed?
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for coming in.
The next
Second.
All in favor?
Aye.
MR. DINIZIO:
THE CHAIRMAN:
MR. GRIGONIS:
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: Thank you very much
appeal is in behalf of
MR. BERARDINO: Yes. You have the
plans. There will be a railing around it.
THE CHAIRMAN: Okay. Thank you.
Is there anybody else that would like
to speak in favor of this application?
Is there anybody else that would like
to speak against the application?
Are there any questions from Board
members?
Hearing no further questions, I make
a motion closing the hearing and reserving
decision until a later time.
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Joylon Stern, Appeal Number
notice reads as follows:
Appeal Number 3934,
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3934. The legal
Joylon Stern.
Variance to the Zoning Ordinance, Article
XXIII, Section 100-239.4 A (1), for
permission to construct addition to one
family dwelling. Proposed construction will
be less than 100 feet from the top of the
bluff. Property Location: 63035 County
Road 48, Greenport, County Tax Map Number
1000, Section 40, Block 01, Lot 13.
I have a copy of the survey dated,
Peconic Surveyors, most recent date October
31, 1989, indicating a two and a half story
frame house presently and almost in the
center of the property, 48 feet at its
closest point to the top of the bluff. The
nature of this application is an addition to
the west side of it, approximately 14 by 20,
reflected on the plans and pencilled in is a
proposed two story addition. I have a copy
of the Suffolk County Tax Map indicating
this and surrounding properties in the area.
Is there anybody that would like to
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be heard?
MR.
burgh.
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I am basically here to answer questions if
there are any.
THE CHAIRMAN: We had met Mr. Stern
at the site; Serge, myself and Mr. Dinizio,
and our main concern was ingress and egress
the rear yard area. Mr. Stern had told us
that he did have significant area on the
east side of his house. He did not like to
basically remove the vegetation, but ii he
had to for any particular reason he could do
so because, in effect, the nature of this
application and granting of this variance,
if the Board so sees to do,
that right on that side.
MR. STOUTENBURGH:
him. Actually, there was.
it is shown on that survey,
would take away
I would agree with
I am not sure if
but land was
purchased on that east side some years ago
and added to it. So it is a wider lot that
those, so that the equipment could be moved
around.
STOUTENBURGH: Peter Stouten-
Mr. Chairman, Members of the Board,
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there is no disruption of a retaining wall
on the one side. Are you going to try not
to disrupt that in any way?
MR. STOUTENBURGH: Yes. All the work
will be done between the addition and
parking area, the access.
THE CHAIRMAN: And the full two
stories will be habitable.
garaging placed on this.
MR. STOUTENBURGH:
THE CHAIRMAN: It
There is no
No.
is strictly for
THE CHAIRMAN: What about ... ! see
THE CHAIRMAN: This will have a
conventional foundation, Peter?
MR. STOUTENBURGH: It may. May I ...
because of the nature of the soil, there
being clay, it may be more pier putting on
the two outer points and the foundation to
enclose that, because there is so much clay
up there a normal foundation wouldn't work
as well. And that would be under the two
outer corners, under the two outer corners
here (indicating) where the main supports
are.
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habitation?
MR. STOUTENBURGH: Yes.
THE CHAIRMAN: We thank you very
much,
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Thank you.
that would like to speak
MR. STOUTENBURGH: Thank you.
THE CHAIRMAN: Peter, Mr. Doyen has
indicated to me that we do have a
recommendation from the Soil and Water
Conservation that anl runoff from the roof
be contained in storm drains or deflected to
the rear of the property.
MR. STOUTENBURGH: I don't think that
is a problem at all. The property does
pitch to the rear area.
THE CHAIRMAN: It pitches to the
front.
MR. STOUTENBURGH: Away from the salt
water. No problem.
THE CHAIRMAN:
Anybody else
in favor of this application?
Anybody that would like to speak
against the application?
Any questions from Board members?
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Hearing no further questions, I make
a motion to close the hearing and reserve
decision until later.
MR. SAWICKI: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: .Aye.
THE CHAIRMAN: Appeal Number
3933, in
behalf of Pamela Valentine. The legal
notice reads as follows:
Appeal Number 3933, Pamela Valentine.
Variance to the Zoning Ordinance, Article
XXIII, Section 100-231 A, for permission to
construct an 8 foot fence in front yard
area. Fence in the front
exceed 4 feet in height.
34655 Main Road, Orient,
Number 1000,
and 6.
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yard area not to
Property Location:
County Tax Map
Section 019, Block 01, Lot 5
have a copy of a survey dated
February 4, 1986, indicating Lots 5 and 6,
and a one and a half story frame house and a
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garage indicated on the parcel along with
other buildings ... outbuildings, and I have
a copy of the Suffolk County Tax Map
indicating this and surrounding properties
in the area.
Are any of the Valentines here or are
they represented by someone?
(No response.
THE CHAIRMAN: Okay. Is there
anybody that would like to speak concerning
this application?
(No response.)
THE CHAIRMAN: We have significant
questions. For the record, this Board has
never granted an 8 foot fence in the front
yard area. So we have a possibility,
guess, of readdressing this sometime in the
future. They really should have someone
here or their agents. So I make a motion we
recess the hearing until the June hearing.
MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
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MR. SAWICKI:
MR. DINIZIO:
THE CHAIRMAN:
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Aye.
Aye.
I specifically said
not the next hearing scheduled because that
is a special hearing
you.
on the 30th. Thank
Our next appeal is Appeal Number 3936
in behalf of 5ucas Ford.
reads as follows:
Special Exception
Ordinance, Article III,
(E), for permission to
premises sign.
County Road 48,
The legal notice
to the Zoning
Section 100-31 C.9
install an off-
Property Location: 43600
Southold, County Tax Map
Number 1000, Section 063, Block 01, Lot 1.6.
The nature of this application is a
four by six directional sign. I assume it
is double-faced indicating Lucas Ford
Mercury Lincoln, with an arrow point. The
approximate location is 15 feet inside the
property line from County Road 48, on the
northeast corner of County Road 48 and
Hortons Lane. I have a copy of the Suffolk
County Tax Map indicating this and
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surrounding properties in the area.
Is there anybody that would like to
be heard?
How do you do, sir?
MR. LUCAS: Howard Lucas. That
direction was wrong. It is a southwest
corner, not the northeast.
THE CHAIRMAN: You are absolutely
correct. I am looking at the north side.
It was put in the file upside down. Would
you be upset if you got a decision that said
you could put your sign on the northeast
corner? Come over here and look at this,
Mr. Lucas. It was put in my file this way
and I looked at it this way, to the north,
the way it is shown. Basically, it looks
like this (indicating). We are talking
about the southwest ...
MR. LUCAS: Southwest corner.
THE CHAIRMAN:
approximate location?
from County Road 48.
location on distance
this might be placed.
Can you give me an
I have 15 feet in
Give me an approximate
from Horton Lane that
You don't have to do
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THE CHAIRMAN: I am going to put 30
feet down, plus or minus. Give us a oall.
MR. LUCAS: Seventy-five.
THE CHAIRMAN: Okay. That is the
best way to deal with it. It is going down
there. This sign will not be lit?
MR. LUCAS: Will not be lit.
THE CHAIRMAN: And the height is
above-ground height?
MR. LUCAS: The sign is six feet. It
is going to stand up,
total.
THE CHAIRMAN:
I would say, eight
Eight total. So it is
two feet above the ground?
MR. LUCAS: Yes.
it right now. You can oall us.
MR. LUCAS: Fifteen ... 20 feet,
whatever you would desire.
THE CHAIRMAN: You mean on this
property you just have permission from this
person to put the sign up?
MR. LUCAS: Yes. It can be more than
that. In fact, it will he more than 30
feet.
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THE CHAIRMAN: Are there any other
requirements we should know concerning the
sign?
MR. LUCAS: No. It is going to be a
directional sign. The reason the sign is
going to conform with all regulations set
forth in the sign chapter, and I want to put
it in there, is I think it is a safety
factor because I have tractor-trailers
hauling trucks and cars which sometimes
there is like seven cars or trucks on it.
They have gone as far as Greenport without
realizing I was back four or five miles, and
had to turn around, and the convoy companies
asked me to do something about getting a
sign there because their drivers are there
first thing in the morning.
turn around on Route 48,
tell you it is not easy.
For them to
I don't have to
Having been here
in the summertime, I understand there is a
lot more traffic out there.
When they turn left onto Horton Lane
and onto my property, there is plenty of
room for them to turn around and unload in
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the back. There is no street loading. They
asked, and also customers have just gone by;
people knowing where my address is, not
being able to realize that the place was
there because it is set back and is hidden a
little bit by the house on the corner and by
Luvs.
Also,
are and don't
putting it in
are located.
were there,
people that don't know where we
look at the local maps,
the papers showing where we
They said they didn't know we
and they found out we are a Ford
Mercury dealer set up in Southold here. I
think it is something we needed for a long
time ... not a long time ... but since we
opened, to show people we are there, and I
think that is the best bet. The biggest
thing is the safety,
THE CHAIRMAN: We will go down and
recheck the location, because I actually
looked on the other side based on the survey
I had, or the site plan I had.
MR. LUCAS: It is the same sign that
we actually have not gotten permission to
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put on the property. It is the same sign
one. It is just going to be relocated with
two arrows and it is double-faced, as you
said. It is the same sign. We have just a
relocation to let people know where we are.
THE CHAIRMAN: If, for some reason,
we feel there is any obstruction in
reference to the height, we may require the
height to be heightened a little more. In
other words, you may have to go up a little
more with it so it doesn't obstruct any
visibility in making a left-hand turn.
MR. LUCAS: I think the 75 feet ...
if you look at the land, the land also goes
up there. It starts rising up. It is
approximately four feet, maybe five feet
higher than the road itself. I don't think
that ... whatever.
be glad to put it
THE CHAIRMAN:
I think the request
take a look at it.
MR. LUCAS: It
THE CHAIRMAN:
If you want it up, I'll
up 15 feet.
It won't be that high.
is four feet. We will
is on four by four.
Thank you very much.
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MR. LUCA$: Okay.
THE CHAIRMAN: Is there anybody else
that would like to speak in favor of this
application?
Anybody that would like to speak
against the application?
Any question from Board members?
Hearing no further questions, I make
a motion closing this hearing, reserving
decision until later.
MR. SAWICKI:
THE CHAIRMAN:
MR. GRIGONIS:
MR. DOYEN:
MR. SAWICKI:
MR. DINIZIO:
THE CHAIRMAN:
Second.
All in favor?
Aye.
Aye.
Aye.
Aye.
I thank you very much
for coming in.
for you shortly.
The next appeal is in behalf of
Greg's Seafood Dock and Marketing,
legal notice reads as follows:
hope to have a decision
Inc. The
Appeal Number 3943, Greg's Seafood
Dock and Marketing, Inc. Special Exception
!
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to the Zoning Ordinance,
Section 100-30 A.2 C(1)
permission to construct
Article III A,
(100-31C), for
an off-premises
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sign. Off-premises signs are not a
permitted use in this district. Property
Location: 69435 Route 48 and 55 Sound Road,
Greenport, County Tax Map Number 1000,
Section 35, Block 1, Lot 8.
I have a copy.of a survey of that
parcel. The nature of this application is a
triangular sign, approximately 25 feet from
County Road 48 on State Highway 25, and 25
feet from Sound Road, reflected on that
corner parcel. I have a copy of the Suffolk
County Tax Map indicating this and
surrounding properties in the area.
Is there somebody that would like to
be heard in behalf of this application?
How do you do?
MR. REISHE: Greg Reishe. ! own and
operate Greg's Seafood. I am here to answer
any questions you may have.
THE CHAIRMAN: At one time there was
some sort of a stand on the property.
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MR, REISHE: Years ago.
THE CHAIRMAN: That has been taken
down?
MR. REISHE: Yes. There is no
building on the property whatsoever.
THE CHAIRMAN: Would you be taking
any trees down or defoliating this in any
way?
MR. REISHE: Well, there is foliage
about a foot high we may move around, but we
wouldn't be touching any trees.
THE CHAIRMAN: The approximate size
of the sign is how large?
MR. REISHE: We are requesting a four
by eight, but that is negotiable.
THE CHAIRMAN: There is a possibility
that you would agree to a four by six?
MR. REISHE: Yes.
THE CHAIRMAN: Will that sign be
lighted in any way?
MR. REISHE: No, it will not.
THE CHAIRMAN: It is a marquee type,
meaning instead of double-faced.
MR. REISHE: Yes. ! state the reason
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for that is beoause coming ... heading east
there is a lot of trees on the property and
a double-faced sign 25 feet in would be
blocked off by the trees. So we would like
to wrench it off facing oncoming traffic.
THE CHAIRMAN: Okay. Thank you very
much. Anybody else that would like to speak
in favor of this application?
Anybody that Would like to speak
against the application?
Any questions from the Board members?
Hearing no further questions, I make
a motion closing the hearing and reserving
decision until later.
MR. GRIGONIS: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The next appeal
Bidwell Wineries, Appeal Number 3945.
legal notice reads as follows:
Variance to the Zoning Ordinance,
The
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Article III, Section 100-30, for permission
to set up a temporary tent for cultural
events. Proposed tent doesn't address this
condition in A-C Zone District. Property
Location: 18910 County ~48, Cutchogue,
County Tax Map Number 1000, Section 096,
Block 04, Lot 4.3.
I have a copy of a portion of the
property in question adjacent to the L-
shaped building. The "L" extends towards
County Road 48. There is a masonry-type of
building. The proposed location of the
tent, which used to be 20 by 40, is
approximately 20 feet from that building
extended towards the west,
appears to be 40 feet ...
other dimension ...
and the tent
I can't read the
approximately, in this
case, proposal is 150
48. I have a copy of
Map indicating this and
properties in the area.
feet from County Road
the Suffolk County Tax
surrounding
Is there somebody that would like to
be heard in behalf of the application?
MR. KERRY BIDWELL: My tent is 20
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by 40.
THE CHAIRMAN: Well, you want to give
your reason for requesting a tent?
MS. KOZAKIEWICZ: Diane Kozakiewicz.
Well, I think you will see I submitted to
the Board that because we do not have the
indoor facilities to hold such cultural
events, we are requesting to erect a
temporary 20 by 40 tent on the Bidwell
grounds for the short period of time.
THE CHAIRMAN: What kind of cultural
events are you requesting?
MS. KOZAKIEWICZ: For example, Carol
Palay (phonetic spelling), a Long Island
artist who is going to show her work. We
have Ralph Pugliese
showing his artwork,
have classical recitals
nature.
THE CHAIRMAN:
you that question is
(phonetic spelling)
and we may possibly
and things of that
The reason why I ask
that there was a winery
in Cutchogue that requested the same type of
use, and that was denied.
MS. KOZAKIEWICZ: I think we are
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coming before you because we would like to
have not the events, but I believe the
purpose of this is to define in the variance
or st least have the law interpreted about
the structure. I did speak with Scott
Harris and Mat Kieran (phonetic spelling),
and that as long as the events were
conducted in such a manner that they were
not ... we would be donating it to a
charitable organization, it would be
allowed.
THE CHAIRMAN: So this tent is to be
used for non-profit?
MS. KOZAKIEWICZ: Yes. We are not
making a profit now. We are trying to
enhance the Long Island wine industry by
bringing it to some extent to us on the
North Road, and because we don't have the
indoor facilities we have no choice but to
put up some sort
as a tent.
I went to get
the Town Clerk, who
Building Department,
of temporary structure such
a special permit from
referred me to the
who then denied it and
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had me go to the Zoning Board of Appeals
I filled out such variance application.
are here now.
THE CHAIRMAN:
the Town Clerk?
MS. KOZAKIEWICZ: Because in the
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and
We
Why were you denied by
section it says that this is not permitted
for the zone in which our vineyard is
located and the procedure ... it just pretty
much says that it would be ... it will
require a variance from the Zoning Board of
Appeals. I think we are pioneers with this.
Would you like
THE CHAIRMAN:
rhetorical question.
How can we grant this
zoning laws?
MS. KOZAKIEWICZ:
understand,
the zoning;
to see a copy?
Let me ask a
How can we grant this?
and not violate our
Well, from what I
I think it has to be defined in
is this a permanent structure?
I believe a temporary structure is allowed.
This is temporary. It can be dismantled in
half an hour and erected in exactly that
same period of time.
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THE CHAIRMAN:
the structure itself,
in the nice weather,
39
My question is not to
If you were doing it
and the weather was
like California where you had 347 days of
sunshine, okay. Your best bet would be to
have a nice day, than if you had rain on the
day that you wanted to hold the event,
conceivably.
Our weather is much different than
that. It is not necessarily the nature of
placing the temporary structure there. It
is a specific use of the temporary structure
that is my concern. Rather than give you a
proforma denial, and I am not an attorney,
when do you need the structure by?
MS. KOZAKIEWICZ: We would like to
have the structure for the beginning of
June.
THE CHAIRMAN: Well, it might be
something that we might have to discuss with
the legislative committee, but I think we
should discuss here if we should close this
hearing or recess it to the next scheduled
date.
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MS. KOZAKIEWICZ: Can I address that?
It is very, very temporary, where it can be
taken down within half an hour and if in bad
weather we wouldn't even use it.
THE CHAIRMAN: You must understand it
is not the nature of the structure. I have
no objection to the building. It is not the
nature of this Board to deal with appli-
cations for individual events, which you had
requested for basically. That comes from
the Town Clerk's Office for the one day
events. You are requesting a use, which is
somewhat tantamount to an agricultural piece
of property, and that is what basically my
concern is at this
is basically where I
MR. BIDWELL:
decision in terms of
particular point. That
am.
I am not clear on that
use. In other words,
if we were to put up this temporary
structure for certain specific uses,
be permissible; whereas for
may not be permissible.
THE CHAIRMAN: Kerry,
tell me you were using this
it may
other uses it
if you were to
tent for the
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sole purpose of entertainment for the
persons or people that want to buy your
wine, and you were telling me you were doing
a display of your wine inside this tent and
this was used primarily for that reason,
there would be a temporary permit, so-to-
speak, granted by this Board for three
months, two months, one month of time. What
you are requesting is something over and
above the specific use permit within that
winery district, which is AC Agricultural
District.
MR. BIDWELL: That is precisely what
we have in mind for the tent. Precisely.
You said it much better than I could myself,
what we have in mind for the tent.
THE CHAIRMAN:
intend to do with it?
MS. KOZAKIEWICZ:
THE CHAIRMAN:
outside persons in?
That is what you
Yes.
What about bringing
mean, such as people
who are artists and displaying their work.
Is that a secondary use to this particular
project?
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MR. BIDWELL:
entertain visitors at
THE CHAIRMAN:
That is intended to
the winery.
What about the music
42
end of it, so-to-speak, regardless? I don't
mean to be trite about the way you presented
it.
MS. KOZAKIEWICZ:
entertainment.
Once again, for
THE CHAIRMAN: Strictly entertain-
MR. BIDWELL: There would be no
ment?
charge to winery visitors
entertainment.
to visitors.
for that
It would be an enhancement
THE CHAIRMAN: In that particular
think we could have dealt with it
case,
before, but I am just trying to get ... to
the best of my knowledge ... what exactly
you want to do. Would there be storm flaps
on this tent so as to make it a full
enclosure?
MS. KOZAKIEWICZ: There can be, yes.
THE CHAIRMAN: The sanitary
facilities would be housed within the
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existing building?
MR. BIDWELL:
THE CHAIRMAN:
That is correct.
What is the approxi-
43
mate period of time that you would be
requesting the use of this?
MS. KOZAKIEWICZ: June 1st to
September 1st.
THE CHAIRMAN: Strictly for a 90-day
period?
MS. KOZAKIEWICZ: Yes.
THE CHAIRMAN: What about flooring in
the tent? Would there be a wood floor?
Would there be an earthen floor?
MR. BIDWELL: If there wouldn't be an
objection from you fellows, I would prefer
to put a wooden floor in the tent. If that
would make it too permanent, it can be an
earthen floor. I think it can get messy.
THE CHAIRMAN: The reason why we ask
these questions basically, is we must reduce
this particular application to writing. So
therefore, it makes it easier for us to know
all the factors that are involved within
this particular application, so-to-speak.
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So we thank you very much.
see what we can do.
MR. BIDWELL:
THE CHAIRMAN:
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We will
Thank you.
Is there anybody else
that would like to speak in favor of this
application?
Anybody else that would like to speak
against the application?
from the Board members?
I have a question.
I am concerned
too many cars
Any questions
MR. DINIZIO:
What about the parking?
about it being too much,
there.
your site plan?
MR. BIDWELL:
It is
Department.
MS. KOZAKIEWICZ:
our
it?
And is there anything allowed in
We have our site plan.
currently with the Building
site plan here.
THE CHAIRMAN:
MR. BIDWELL:
THE CHAIRMAN:
I have a copy of
Great. Could we see
It has parking outlined
This is the site plan,
on it.
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45,
a proof that we are subjecting you to,
so-to-speak, before we grant it.
MR. BIDWELL:
THE CHAIRMAN:
you before but Mr.
many, many times.
site plan.
That is right.
We have not met with
Bidwell has been here
So that basically is the
Now are you going to bluestone
this?
MR. BIDWELL:
THE CHAIRMAN:
That is the plan.
This will be done in
current with this project.
MR. BIDWELL:
little as possible. In
... of, course this site
I prefer to do as
the meantime,.this
plan, as I was
recommended by the people down here, is for
the future construction of the winery. So
if you folks were to say in order to
accommodate this new temporary structure you
need to include this part of the parking, go
ahead and do that. I have plans to enhance
my parking along this line this year.
wasn't going to go quite this far, but if
have to, I will.
THE CHAIRMAN: What does the Planning
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Board say about this,
MR. BIDWELL:
that, either way.
THE CHAIRMAN:
under advisement.
MR. DINIZIO:
this tent hold?
MR. BIDWELL: A
MS. KOZAKIEWIqZ:
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at this point?
So far I haven't heard
Well, I'll take that
How many people does
20 by 40 tent ...
Ten feet of space
to
people.
MR. DINIZIO:
and assuming this is
there Monday ...
MR. BIDWELL:
each person; it can hold up to 300
You can see my concern,
the same type that was
That was a rented tent.
That was the same size.
MR. DINIZIO: You wouldn't have any
objection to putting in parking?
If we need to do it, we
MR. BIDWELL:
will do it.
MR. DINIZIO:
THE CHAIRMAN:
copies can we keep?
MS.
That's all
Which one
KOZAKIEWICZ: I have
have.
of these
given nine
(
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to the Planning Board,
one more you can keep.
MR. BIDWELL:
two.
much.
THE CHAIRMAN:
but I
47
think we have
If you need two, keep
Thank you so very
Is there anybody that would like to
speak in favor of this application?
Against the application?
Hearing no further comments, I make a
motion closing this hearing and reserving
decision until later.
MR. DINIZIO: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The next appeal
is in
behalf of Vincent Annabel.
reads as follows:
Appeal Number 3929,
The legal notice
Vincent Annabel.
Special Exception to the Zoning Ordinance,
Article III, Section 100-31, for permission
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to have an accessory apartment. Property
Location: 4300 S%illwater Avenue,
Cutchogue, County Tax Map Number 1000,
Section 137, Block 2, Lot 21.
From the plan indicated, this is a
two story cape style house. It appears most
of the second floor is going to be used for
this proposed apartment. ! have a copy of
the Suffolk County Tax Map indicating this
and surrounding properties in the area.
Is there something you would like to
say, Mr. Annabel?
MR. ANNABEL: Vincent Annabel.
! am
here to answer any questions you may have.
THE CHAIRMAN: How do you get up into
this apartment? Is there an existing
stairway?
MR. ANNABEL: No. There is going to
be a new stairway put in.
THE CHAIRMAN: Where is that going to
be?
MR. ANNABEL: It is in the back of
the house, in the back yard. Can I show you
there?
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THE CHAIRMAN: Sure.
(Whereupon, a discussion was held off
the record, after which the following
occurred:)
THE CHAIRMAN: Is there anything else
you would like to say for the record? As a
matter of right you are permitted to have
it, and you know we are happy it is in the
code and we will do the best we can to grant
it in the near future.
anything else in that?
MR. ANNABEL:
else to say.
THE CHAIRMAN:
really not necessary
Can you ask for
Well, I don't know what
I understand. It is
to say anything else
because you gave us everything we have
required. We'll deal with this on the 30th,
and hopefully have a decision for you around
then.
MR. ANNABEL:
reasons for doing it
Possibly one of my
is my wife has either
Alzheimer's or one of the related diseases.
I am looking forward to the future. I don't
want to put her in a nursing home. If
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possible, it might be a way out for me to
have somebody, to have a separate bathroom
and a separate kitchen, that could possibly
help me take care of her when ! can't do as
well as ! am doing now.
reason.
THE CHAIRMAN:
That is part of my
Is the entire upstairs
of the house finished at this time?
MR. ANNABEL: Yes, it is.
THE CHAIRMAN: It is finished.
Okay.
And the size of this is approximately what,
the entire upstairs of the house?
MR. ANNABEL: It is equal to the
upstairs, but I am only using one of the
upstairs rooms on the house. The other
ki~ehen and bathroom is going to be upstairs
over the garage. It is an attached garage.
much.
THE CHAIRMAN:
We thank you very
MR. ANNABEL: Thank you.
THE CHAIRMAN: Is there anybody else
that would like to speak in behalf of the
application?
Is there anybody that would like to
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speak against the application?
Are there any questions from the
Board members?
Hearing no further questions, I make
a motion closing this hearing and reserving
decision until later.
MR. DINIZIO: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: . Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN:
The next appeal is in
behalf of Appeal Number 3932, Mathias and
Maureen Mone. The legal notice reads as
follows:
Application for a variance to the
Zoning Ordinance, Article XXIII, Section
100-239.4 A, for permission to construct a
swimming pool, proposed construction will be
within 100 feet of Long Island Sound Cliff.
Property Location: 2830 Grandview Drive,
Orient, County Tax Map Number 1000, Section
014, Block 02, Lot 3.5.
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December.
March 12,
The parcel in question is
approximately 120 by 370, and I have a
survey from Roderick Van Tuyl, P.C.
indicating the approximate placement of the
pool. The most recent date on the survey is
I'm sorry, it was updated on
1990. The pool is approximately
58 feet plus or minus to its closest point
to the top of the bank, and I have a copy
the Suffolk County Tax Map indicating this
and surrounding properties in the area.
Would you like to be heard, sir?
MR. WILLIAMS: Sumner Williams.
represent the contractor, as well as the
Mones. If there are any questions ... ?
THE CHAIRMAN: What is the
approximate size of the pool?
MR. WILLIAMS: Twelve by fifty, a lap
pool, five feet deep.
THE CHAIRMAN: Will this pool be
enclosed at any time?
MR. WILLIAMS: No, other than to
cover it in the wintertime. It will have a
... I guess, four foot patio ... brick
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patio, which is integrated with the
existing patio now around it and it will
have the required fence of four feet around
that patio.
THE CHAIRMAN: And that patio should
be pretty much ground level?
MR. WILLIAMS: Yes. It will be at
ground level. Yes.
?HE CHAIRMAN: I did want to say, for
the record, I thought it was a great spot
for the pool, really, in the existing lawn
so there is no digging other than of the
lawn itself. The bank is really used as a
protection for the pool,
MR. WILLIAMS: Yes.
THE CHAIRMAN: We thank you very
much.
Is there anybody else that would like
to speak in favor of this application?
Is there anybody that would like to
speak against the application?
Are there any questions from Board
members?
Hearing no further questions, I make
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a motion closing the hearing and reserving
decision until a later time.
MR. DOYEN: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: ~ The next appeal is
Number 3939, in behalf of George
Variance to the Zoning
Article III, Section 100-32, for
assume it was map
1989, and revised
The nature of this application is a
is mapped on the 18th. I
prepared on September 18,
on February 28, 1990.
Appeal
Schneider.
Ordinance,
permission to construct a one family
dwelling, Bulk, Area and Parking Regulations
and insufficient side yard setback.
Property Location: 800 Sterling Road,
Cutchogue, County Tax Map Number 1000,
Section 104, Block 01, Lot 29.
I have a copy of the survey produced
by Roderick Van Tuyl, P.C., dated ... which
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side yard setback for the attached garage
which at it closest point is two feet three
inches from the east property line and at
its furthest point, three feet nine inches.
The front of the house is three foot nine.
The rear of the house, with the garage
attached, is two feet three. 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.
Schneider?
MR. SCHNEIDER: George Schneider.
am the property owner. I can answer any
questions you may have.
THE CHAIRMAN: How did you get that
piece, George?
MR. SCHNEIDER: Well, the people who
owned the property are people I have known
for a while, and when I found out about the
property I approached one of the daughters
and she told me, and this is Ms. Cruz
(phonetic spelling), that her father was
very ill and they had power of attorney to
sell the property.
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We agreed on the piece and we even
walked on the property and were shown some
monuments where the three corners were. The
one corner is still in an overgrown area and
I still haven't found it, but the three
monuments are there and until I got the
second survey, Ms. Cruz was under the
impression this particular monument was in
fact the corner of the property.
I also found out, when ! requested
the first survey for the Building Permit,
that I got a copy of an older survey that
they, in fact, didn't come down and survey
the property and marked it, but I got the
survey and I went over to the property and
saw no new markers and assumed the monuments
remark
I used
to lay out the location of the house.
THE CHAIRMAN: What did you think you
were there. So there is no reason to
the corner with the monuments on it.
these
when you originally laid
As far as what?
The side yard.
had on that side,
out the house?
MR. SCHNEIDER:
THE CHAIRMAN:
(
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MR. SCHNEIDER: The limit is 15.
wanted 15 1/2, just to be on the safe side.
I wanted to favor that side.
side with the garage on it.
THE CHAIRMAN: Okay.
That is the
You thought you
had 15 1/2 is what you are saying.
MR. SCHNEIDER: Correct.
THE CHAIRMAN: When did you detect
that you really only had about three ...
three and a half?
MR. SCHNEIDER: I got the survey back
March 4 and I saw the distances, and went
back to the property and there was still no
markers except for a little nail and the red
tape I guess they used for centering the
transit. And I contacted the neighbors and
told them and they were still under the
impression that the monuments were the posts
and there was a ribbon around the fencepost
on the corner. They always thought that was
the corner of the property, and I broke the
news to them and told them that I would have
to file for a variance and see what could be
done.
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THE CHAIRMAN: I don't have any
further questions at this point, unless
James does or anybody else on the Board.
Do you have any questions concerning
this?
58
MR. DINIZIO: Well, other than how
did 40 feet get on the other side? I am
having a hard time understanding.
MR. SCHNEIDER: All right. There is
a monument at each front corner, and on the
property line in question there is a
monument in the rear which everyone involved
thought that that was, in fact, the corner
of the property. The fourth corner is in an
overgrown area that still hasn't been
cleared out, and I never considered it
necessary to
three, I could plot
I wanted to
find that corner. If I had
the house.
flavor this side. ! had
the side line. I went back
came off to that line to
How much distance do
your garage and
the front line,
off the street and
place the house.
MR. DINIZIO:
you have between now
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the house?
MR. WILLIAMS:
measure it.
... 45 feet.
and on road
MR. DINIZIO: Thank you.
THE CHAIRMAN: Thank you.
59
I would have to
I would say it is at least 40
Each piece was divided equally
frontage they are each 133 feet.
there anybqdy else that
see whatever develops.
Is
We will
would like
to speak in favor of this application?
MS. CRUZ: Dillaye Cruz. I am the
neighbor that he is speaking of, and it is
the house that is in estate form. It is my
father's estate. My sister and I are the
owners of it now. We have no objection to
George's house being that close, and we are
in favor of him getting a variance.
THE CHAIRMAN: Is there anybody else
that would like to speak against the
application?
Any further questions from any Board
members?
George, what is the overhang on that
side of the house?
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MR. SCHNEIDER:
soffit.
THE CHAIRMAN:
-¢6-
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There is a one-foot
Basically, that
encroachment, that measurement of two foot
three inches does not include that overhang;
is
that correct?
MR. SCHNEIDER:
THE CHAIRMAN:
I don't know.
We will go down and
remeasure it. Thank.you.
Is there anybody else that would like
to speak in favor of this application?
make a motion closing the hearing and
reserving decision until later.
MR. DINIZIO:
THE CHAIRMAN:
MR. GRIGONIS:
MR. DOYEN:
Second.
All in favor?
Aye.
Aye.
MR. SAWICKI:
MR. DINIZIO:
THE CHAIRMAN:
for coming in.
The next appeal
in behalf of Robert Gredick.
notice reads as follows:
Aye.
Aye.
Thank you very much
is Appeal Number 3932
The legal
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of
Upon Appeal Number 3932, in behalf
Robert Oredick. Variance to the Zoning
Ordinance, Article IIIA, Section 100-30A.3,
Article IIIA, Section 100-30A.4 (100-33),
for permission to construct addition to
dwelling and accessory garage in front yard
area. Proposed construction will have
insufficient front yard setback and
accessory buildings may be located in the
required rear yard. Property Location:
7825 Nassau Point Road and Clearwater Lane,
Cutchogue, County Tax Map Number 1000,
Section 118, Block 04, Lot 06.
I have a copy of a survey produced by
Philip Monastero, dated 2/2/90, indicating
the proposed two story addition which is not
necessarily the ... well, I guess it really
is to a certain degree except the residence
is forward of it anyway, and a proposed
three car garage which is centered and
equally distanced between the bulkhead and
the front yard area, and actually the rear
yard area and Nassau Point Road ... proposed
garage. I have a copy of the Suffolk County
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62
and surrounding
Tax Map indicating this
properties in the area.
Is there somebody that would like to
be heard?
How do you do, sir?
MR. GREDICK: Robert Gredick.
guess basically I am here to answer
questions.
THE CHAIRMAN: When we had discussed
this with you on Saturday morning, some time
ago our discussion centered around the fact
that you really had, I think, at that time
two front yards. They are reflecting that
street which is on the one side of your
Right.
Is that correct? Of
property.
MR. GREDICK:
THE CHAIRMAN:
course, the proposed three car garage in the
front yard area which is ... just so I get
this correct, is that the reason why you
were denied for the addition to the dwelling
also because of that road?
MR. GREDICK: Because they basically
... there is a sandy type of driveway and
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both the Frasiers (phonetic
use it as a driveway.
THE CHAIRMAN:
the garage plus the addition on the
side really is the nature of your
application at this point.
63
spelling) and we
So basically you had
opposite
MR. GREDICK: That is right.
THE CHAIRMAN: Could you give me
an
Yes.
And the nature of that
I really don't know
I have no
approximate location.of the garage from
Nassau Point Road in reference to distance?
MR. GREDICK: It is probably in the
neighborhood of 175 feet from Nassau Point
Road.
THE CHAIRMAN:
of the garage?
MR. GREDICK: I think it is about 23
feet.
THE CHAIRMAN:
up above?
MR. GREDICK:
THE CHAIRMAN:
storage is what?
MR. GREDICK:
what I am going to put up there.
So you put the storage
The approximate height
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intention to live up there,
you are looking at.
THE CHAIRMAN:
to conform at all
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if that is what
Just for storage.
Is the structure going
to the house or be a cape
style garage or ... ?
MR. GREDICK: We are looking into a
sort of Victorian style addition onto what
we have. I would like to keep the overhang
and shapes similar and all the decor that is
going with it. The outer shell should be
the same, yes.
THE CHAIRMAN: That is the reason why
I asked the question, because 23 feet is
fairly high for a two story garage.
MR. GREDICK: The pitch is going to
be 12 by 12, and it is 24 feet wide. I am
not one hundred percent sure if it is that
high. My neighbors right to the north of us
is probably ... would be maybe ... I think
we would be less than that.
THE CHAIRMAN: You want to give us
measurements and give us a call so we know
exactly?
MR. GREDICK: I think I have it here.
t
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THE CHAIRMAN:
MR. GREDICK:
Would you like that?
THE CHAIRMAN:
great.
MR. GREDICK:
Great.
Two hundred eighteen.
Yes. That would be
Of course this is not
exactly what we are going to do, but it is
pretty close.
THE CHAIRMAN: So what you have in
the garage would be electrical in reference
to utilities, or would you have water?
MR. GREDICK: The
have is for washing cars.
THE CHAIRMAN:
MR. GREDICK:
THE CHAIRMAN:
only water I would
You might have water?
Yes.
You have no objection
to us placing restrictions on the garage?
It is only used for storage purposes.
MR. GREDICK: None whatsoever.
THE CHAIRMAN: Thank you very much.
Anybody else that would like to speak
in favor of this application?
Is there anybody that would like to
speak against the application?
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Are there any questions
Board members?
Hearing no further questions,
66
from any
we make
a motion closing this hearing and reserving
decision until later.
MR. SAWICKI: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: Thank you very much
for coming in.
MR. GREDICK: Thank you.
THE CHAIRMAN: The next appeal is in
behalf of Joseph Shipman. The legal notice
reads as follows:
Appeal Number 3931, Joseph Shipman.
Variance to the Zoning Ordinance, Article X,
Section 100-102, for permission to institute
a second business, Bulk,
Requirements. Property
required business area.
Area and Parking
contains less than
Property Location:
6619 Main Road, Laurel, County Tax Map
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Number 1000, Section 125,
19.7.
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Block 01, Lot
We have a survey produced by Roderick
Van Tuyl, P.C., dated December 22, 1987.
The nature of this application is a one
story frame building in the rear of the
property, approximately 9 1/2 feet from the
east property line,
feet from the Long
reason for getting
approximately 12 1/2
Island Railroad, and the
a denial is the second
business in this particular building.
We have copies of the Suffolk County
Tax Map indicating this and surrounding
properties in the area.
Would you like to be heard, sir?
MR. SHIPMAN: Joseph Shipman.
supplied the variance. I would be happy to
answer any questions the Board has at this
time.
THE CHAIRMAN: Presently you are
renting the building to another person other
than your own business?
MR. SHIPMAN: That is correct.
THE CHAIRMAN: What type of business?
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MR. SHIPMAN:
business.
THE CHAIRMAN:
think, there is about
MR. SHIPMAN: Yes.
trucks to deliver produce.
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Storage for produce
We noticed that,
five trucks involved.
Well, we use the
a pretty good
THE CHAIRMAN: He does
job parallel parking in one specific rear
the propertY.
SHIPMAN: He is a neat person.
THE CHAIRMAN: We certainly can't put
corner of
MR.
restrictions on where trucks go. My only
concern is that originally when we dealt
with this applicant next-door, we requested
that the garage doors on that particular
building be placed other than facing the
of the property. In this particular
I believe you have one door, which is a
is that one
front
case
loading dock, which faces ...
Two doors.
I notice that you have
in the center of
door or two doors?
MR. SHIPMAN:
THE CHAIRMAN:
a landscaping plant area
the property.
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MR. SHIPMAN: The landscaping was put
there with the intention of trying to break
up the monotony of the building, so-to-
speak.
THE CHAIRMAN: Is there any way you
can screen those trucks from the road other
than not ... what would you suggest?
MR. SHIPMAN: I could run a screening
run of plant material., running from west to
east, and he could turn the trucks and park
them ,.. instead of facing the road, they
would be sideways to the road ... and the
plant material could probably screen them
very well, but it wouldn't be instantly
It would take a few years. But if I did
that, if I put the screening line where I
think ... from west to east ... there is
already a screening line already there that
the trucks couldn't see from the Main Road
between myself and the car wash.
There is a row of evergreens running
right down the line and, if I am correct, I
have driven it many times and you really
couldn't see the truck from the Main Road,
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70
coming from west to east.
THE CHAIRMAN: But you could see them
coming from east to west, because of the
height of the property.
MR. SHIPMAN: Because of the height
of the trucks as well. Something could be
I don't see the problem with
done there.
that.
of
THE CHAIRMAN: Do you have any plans
expanding this building, in any way?
MR. SHIPMAN: No.
THE CHAIRMAN: The approximate size
of the building is how big at this point?
MR. SHIPMAN: Thirty-five by 40 ...
35 by 50.
THE CHAIRMAN:
heated?
MR. SHIPMAN:
THE CHAIRMAN:
questions.
members?
MR. DOYEN: No.
THE CHAIRMAN: We will
develops. Thank you.
Is that building
Partially.
I don't have any other
Any question from the Board
see what else
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MR. SHIPMAN:
THE CHAIRMAN:
would like to speak in favor
application?
Is there anybody that would
speak against the application?
Are there any questions
the Board members?
I 'make
Thank you.
Anybody else that
of the
like to
from any of
Again, hearing no further questions,
a motion closing the hearing and
reserving decision until later.
MR. DOYEN: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO:
THE CHAIRMAN:
for coming in.
MR. SHIPMAN:
Aye.
Thank you very much
Thank you.
THE CHAIRMAN: The next appeal is
Appeal Number 3942 in behalf of David and
Mary Ann Creato. The legal notice reads as
follows:
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MR. RAYNOR: Henry Raynor, in behalf
of the applicants. Basically this is a
request to legalize the existing second
dwelling which exists on the property. This
structure, as noted on the property, pre-
exists the Town ordinance and has been
utilized in its present time since then. I
Appeal Number 3942, David and Mary
Ann Creato. Variance to the Zoning
Ordinance, Article III, Section 100-31 (A)I,
for permission to have a second dwelling,
only (1) family dwelling permitted on each
lot. Property Location: 3539 (ROW) Cox
Neck Road, Mattituck, County Tax Map Number
1000, Section 106, Block 08, Lot 51.
I have a copy.of the survey
indicating length of the right-of-way from
Cox Neck Road and the side of the parcel,
which I think it is pretty close to 3.16
acres, and the survey is dated February 23,
1990. I have a copy of the Suffolk County
Tax Map indicating this and surrounding
properties in the area.
Would you like to be heard?
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have for the Board, also, a former owner's
affidavit, if they do not have one in the
file, which predates this Zoning Ordinance
as to the use of a second dwelling.
This Board is well aware in January
of 1989 the Town Board changed the zoning on
this parcel to R40. This parcel contains
3.16 acres. There is more than sufficient
area for the two dwellings.
THE CHAIRMAN: The second dwelling
will be in excess of 850 square feet of
living area as called for in all of the Town
codes.
MR. RAYNOR: Finally, the applicant
intends to have no visual changes to what
exists there today but is desiring in
keeping the character with the existing
neighborhood, and respectfully requests
approval. We will be happy to answer any
questions the Board may have.
THE CHAIRMAN: It is my
understanding, Mr. Raynor, that there is a
portion of the rear barn that is used as a
cottage, and that is the portion that you
£
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are referring to?
MR. RAYNOR: It is.
THE CHAIRMAN: The cottage is
approximately one and a half stories, with
an open vaulted ceiling on one side of the
building and the remaining portion of the
barn is utilized as a storage shed or barn?
MR. RAYNOR: Yes.
THE CHAIRMAN: . If the Board denied
this applioation, it would require this
applicant very simply to subdivide the
property, ii he or she so wishes.
MR. RAYNOR: That is an option they
are not desirous of doing. That is because
they would like to maintain the character
and nature and true beauty of the property
as it exists.
THE CHAIRMAN: The building itself
contains its own sanitary facilities and its
own well.
MR. RAYNOR:
as its own electrical
THE CHAIRMAN:
That is correct, as well
services.
And access is through
the right-of-way to the parcel.
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MR. RAYNOR: That is also correct.
THE CHAIRMAN: I think those are all
the questions I have. Are there any
questions from any Board members?
Let's see what develops. Thank you
very much.
Is there anybody else that would like
to speak in favor of this application?
Is there anybody that would like to
speak against the application?
MR. McLAUGHLIN: Kevin McLaughlin. I
am here representing Barbara Roesch.
don't think there is a factual or legal
basis presented to the Board to grant the
relief that they are requesting. The fact
that there has been a legal use of this
property for some period of time certainly
does not form the basis for granting a
variance application.
Certainly I don't think there has
been or should be whatsoever any practical
difficulty or unnecessary hardship placed
upon the applicants upon the denial of this
variance application. Other remedies are
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available to the applicants if they so deem
that they should follow these, such as what
has been discussed; the property of the
subdivision.
I think this would set a very
dangerous precedent there throughout the
Town of Southold and that anyone with a
structure of sufficient size on the property
can come in and make a similar application
and refer the Board to an approval of this
variance application in support of any
further applications.
And for all those reasons I would
respectfully request the Board deny the
pending application.
THE CHAIRMAN: Can I ask you, Kevin,
where Ms, Roesch lives? I have a name on
here I haven't seen in a long time.
MR. McLAUGHLIN: She has two parcels;
one of which borders on Luthers Road, and
the second one we have on the first parcel,
and that's the second parcel, the parcel
that is actually adjoining the applicant's
parcel.
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THE CHAIRMAN:
the barn on it?
MR. McLAUGHLIN:
THE CHAIRMAN:
Raynor?
MR. RAYNOR:
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Is that the one with
Yes.
Any rebuttal, Mr.
Only to mention that I
believe the existence of the two dwelling
concept on the parcel largely enough has
already had a precedent set in the Township
and I believe that that, in fact, has
already been something that has come before
this Board a number of times. Also, I don't
believe there exists any parcels in the
immediate neighborhood in excess of 3 plus
acres.
THE CHAIRMAN: Thank you. Is there
anybody else that would like to speak,
either pro or con, on this application?
Are there any questions from Board
members?
Hearing no further questions, I make
a motion closing this hearing and reserving
decision until later.
MR. SAWICKI: Second.
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THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. SAWICKI: Aye.
MR. DOYEN:
MR. DINIZIO:
THE CHAIRMAN:
for coming in.
Aye.
Aye.
Thank you very much
Village Marine will not be here
tonight. Before we hear the last two
hearings, we will take a three minute
recess. I make a motion.
MR. SAWICKI: Second.
THE CHAIRMAN: All in favor?
MR. GRIGONIS: Aye.
MR. SAWICKI: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
(WhereuDon, a brief
at 9:10 p.m. and the
p.m.)
THE CHAIRMAN:
reconvene.
MR. SAWICKI:
THE CHAIRMAN:
recess was taken
hearing resumed at 9:13
I need a motion to
So move.
All in favor?
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MR. GRIGONIS: Aye.
MR. SAWICKI: Aye.
MR. DOYEN: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The next appeal is in
behalf of Constantine Georgipoulos.
legal notice reads as follows:
Appeal
Georgipoulos.
The
Number 3941, Constantine
Variance to the Zoning
Ordinance, Article IIIA, Section 100-30 A.3,
for permission to construct a one family
dwelling. Proposed construction will have
insufficient front yard setback. Property
Location: 1300 Lake Drive, Southold, County
Tax Map Number 1000, Section 59, Block 1,
Lot 21.6 and 21.7.
I have a copy of a survey dated
February 20, 1980, in behalf of Roderick Van
Tuyl, P.O., and indicating this proposed
dwelling, and in this particular case it
doesn't coincide with the application.
have a copy of the Suffolk County Tax Map
indicating this and surrounding properties
in the area.
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MR. BOWMA: Bob Bowma,
representing Ms. Georgipoulos.
we are here before the Board is
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land use
The reason
at the
request of the New York State Department of
Environmental Conservation. As you can see
from the survey, there are some freshwater
wetlands on the property. Ms. Georgipoulos
has agreed to merge two lots, two 40,000
square foot lots. SO this lot would be
80,000 square feet.
Because of configuration of the
wetlands, the Department of Environmental
Conservation has asked us to move the house
as close as possible to the road and they
have asked that we seek a variance to move
it closer than the requested 50 feet. I
don't know if I have submitted a letter from
the Department of Environmental
requesting that as part of the
have that with me.
THE CHAIRMAN: I
it. Yes, I do have it.
concerns me is that my survey reads 40
and you are talking about 10, and that
Conservation
record, but I
don't know ii I have
The thing that
feet
is
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what I don't understand.
cesspool, but I don't
construction.
MR, BOWMA:
back 40 feet.
THE CHAIRMAN:
back 40 feet?
MR. BOWMA:
than the 50 feet
THE CHAIRMAN:
10 foot reduction?
MR. BOWMA:
THE CHAIRMAN: All
where the problem is.
MR. BOWMA: That
Department of
the house 67
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I see 10 for the
see 10 for the actual
The house would be set
The house would be set
That's correct, rather
it requires.
You are asking for a
That is correct.
right. That is
will satisfy the
Conservation. We will push
feet and 68 feet from the
wetlands, and they will be willing to go
along with those setbacks. So we hope you
would consider this in a favorable light.
Ms. Georgipoulos certainly doesn't have any
choice in this case.
THE CHAIRMAN: We thank you very
much.
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Is there anybody else that would like
to speak in favor of the application?
Is there anybody that would like to
speak against the application?
Are there any questions from any
Board members?
MR. DOYEN: No.
THE CHAIRMAN: Hearing no further
questions, I make a motion closing the
hearing and reserving decision until later.
MR. DOYEN: Second.
THE CHAIRMAN:
MR. GRIGONIS: Aye.
MR. DOYEN: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The
All in favor?
last hearing is a
recessed hearing from March 15, 1990, and we
will open up that since we had read the
legal notice. We will ask Brooke Travis if
she would like to continue with her
presentation.
MS. TRAVIS: I don't know where to
begin, but I guess there are two issues
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involved. One is to reinstate the non-
conforming use and then after we reinstate
the non-conforming use, then we are going to
ask if we can add, alter and change the non-
conforming building.
I think that we have found that there
is considerable precedence of two dwellings
on a parcel on Fishers Island. To our
knowledge, all of the abutting neighbors
have at least one other dwelling on the
site. Very few houses on the Island have
parcels of this size. This is approximately
6.2 acres, and those who do have parcels
this size have at least one or two other
accessory buildings on the site.
We do realize that there might be
alternatives to granting this variance, such
as subdivisions, but this case has been in
our architectural office for almost three
years at a considerable expense to the
clients. I am just concerned that going
through and applying for a subdivision will
increase that in addition to a considerable
increase in property taxes.
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So we hope that we can resolve
through variances and not through the
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this
subdivision, again, because there is a
precedent of this kind all over the Island.
THE CHAIRMAN: What is the zoning in
80,000 square feet?
I think it is three
that area? Is it
MS. TRAVIS:
acres.
have a total
THE CHAIRMAN: Three acres, and we
of what? Approximately 6.2
acres, okay.
MS. TRAVIS:
I mean, I don't even
know if it is necessary to go through all
the things that we do during construction
... after construction, maintaining the
quality and integrity of the site, and also
John Thatcher (phonetic spelling) sent a
letter.
We are building away from the
wetlands. Again, we are taking all the
necessary precautions during construction.
We used two rows of hay bales during
construction. There is an existing one
foot wall which will help with the runoff.
of
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We are not using piers. We are using
the foundation wall. We feel that using
piers would not allow for the growth to be
continuous underneath the house. So, we
will use the foundation instead as a
barrier. We have all the approvals from
the agencies, the health conservancy,
Department of Environmental Conservation,
and the Trustees.
THE CHAIRMAN: Can I ask you what the
purpose of this second dwelling is?
MS. TRAVIS: The purpose is that Mrs.
Rafferty has five children. All of her
children have grandchildren at this time
and, frankly, when the family gets together
on the Island, they can't fit in the house.
Now, I guess they could put five or six
people in a room, but it's simply for that
purpose and not for guests, but really the
immediate family. Every child has, I think,
a minimum of two children. So she does have
quite a large family.
THE CHAIRMAN: Is the main house
heated?
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MS. TRAVIS: I believe it is heated,
but I don't know. So I would have to
determine that for you.
THE CHAIRMAN: Is the proposed
structure, and I am referring to it as a
structure because it is not a dwelling yet
and it may not be a dwelling ... okay? Is
that going to be heated?
MS. TRAVIS: ~t doesn't have to be.
I mean, typically we don't heat buildings.
We have small wall unit
forced air.
THE CHAIRMAN:
kind of heaters,
We didn't receive a
letter from Mrs. Rafferty. ! believe it
says that this letter had been used for
overnight sleeping arrangements by some of
the children.
MS. TRAVIS: Right.
THE CHAIRMAN: Does she have any
indication on how long ago that was?
MS. TRAVIS: Well, she did indicate
to me it was within the past two years.
However, we realize that these are isolated
moments within the last two years and not
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But
continuous stays for long durations.
she did indicate, as I said, that the
children did stay inside this dwelling ...
structure.
THE CHAIRMAN: For the record and
continue the record, upon this investigation
of this premises, we did indicate that the
lower floor of the building was used
apparently as a carriage house, so-to-speak,
which probably either housed a carriage at
one time, or an automobile. There was an
old, very old kitchen with an existing stove
which is vented through a chimney and has at
least two bedrooms and an antiquated bed or
fragments of those antiquated beds in the
building itself.
The request of this Board and of Ms.
Travis as agent for the Raffertys, was a
former denial of the Building Inspector who
denied the property and that was basically
what we were looking for between the last
hearing and this hearing. Our question is
that there is definitely an establishment of
the pre-existing use of the dwelling
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referred to on the survey as an existing
garage apartment, and there is concurrence
with that at this particular point by either
the application ... maybe just the applicant
and not necessarily the agent for the
applicant.
MS. TRAVIS: Well,
you define that and if it is
stays obviously we couldn't
it depends on how
defined by long
... neither the
agent nor Mrs. Rafferty would indicate that
that has occurred. But as I said in the
letter and Mrs. Rafferty did indicate that
the house would ... someone did stay.
THE CHAIRMAN: Is there any
electrical service that is in operating
condition to that structure?
MS. TRAVIS: I don't know.
THE CHAIRMAN: It certainly didn't
appear so when I looked at it, All right, I
guess we can wrap it up at that point.
Is there anybody in the audience that
would like to say anything concerning this?
For the record, it is a beautiful spot. It
is adjacent to a reservoir area used by the
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people of Fishers Island.
nestled in somewhat of a
the parking area and ...
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The building is
ravine adjacent to
al though separated
fairly close to the existing lot, two story
dwelling which sits approximately in the
center of the property.
Hearing no further questions and
statements, I make a motion closing the
hearing and reserving decision until later.
MR. GRIGONIS: Second.
THE CHAIRMAN: I thank
the applicants for coming down here.
favor?
MR. DOYEN: Aye.
MR. GRIGONIS: Aye.
MR. SAWICKI: Aye.
MR. DINIZIO: Aye.
THE CHAIRMAN: The
the agency and
All in
last hearing, for
the reco~d, Village Marine, we received a
letter from Mr. Cuddy requesting that it be
recessed and I am going to recess without a
date.
MR. DOYEN: Second.
THE CHAIRMAN: All in favor?
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MR. DOYEN: Aye.
MR. GRIGONIS:
MR. SAWICKI:
MR. DINIZIO:
(Time noted:
Aye.
Aye.
Aye.
9:27 p.m.)
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I, GAIL ROSCHEN, do hereby certify that I am
an Official Court Reporter and that the foregoing
constitutes a true and accurate transcript according to my
official stenographic notes.
Official Court Reporter