HomeMy WebLinkAboutZBA-01/11/1991 HEARING - TRANSCRIPT OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
FRIDAY, JANUARY 11, 1991
Board Members Present: Chairman, Gerard P. goehringer
Members: Doyen, Grigonis and Dinizio
Absent: Charles grigonis Jr
Linda Kowalski, Z.B.A. Secretary and approximately 45
persons in the audience.
Appl. No. 3699
Appticant(s~: Gregory Fegos
Location of Property: S/S Naugtes Drive, Mattituck
County Tax Map iD No.: 1000-99-5-17
The Chairman opened the hearing at 7:30 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: Indicating the approximate placement
- of the house which is scad more toward the westerly side of
the property at approximately 42.2 feet from Nuagles Drive
and it appears to be 27.2 feet from the rear property line.
I have a copy of the Suffolk County Tax Hap indicating this
and surrounding properties in the area. Is there somebody
who would like to be heard on behalf of this application?
~ This is appeal ~3995. Hearing no co~ent from the audience I
make a mocion recessing this until the next regularly
..... scheduled meeting.
Appl.No. 3989
Applicants: Robert J and Norma E. Sieber
Location of Property: Main Bayview Road
County Tax Map ID No. 1000-76-2-20
The chairman opened the meeting at 7:32 p.m, and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a sketch and copy of the survey.
The survey was ~roduced by Augus~ P. Knapp dated 5/16/83
mentioning the house which is somewhat centered in the center
of the property. The nature of this application is a patio
which faces Bayview Avenue and which I assume protrudes into
front yard area and I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area.
is there somebody who would like to be heard on behalf of
Page 2 - January it, 1991
Public Hearing -Robert J and Norma E Sieber
Southold Z.B.A.
this one?
SR. BRUER: This is a piece Of properEy and a deck that
was actually the prior deck was created prior ro zoning
and there is a 1983 pre-existing certificate of occupancy
fox the house and ~ believe it did include the deck since
the deck was there when they gave ~his pre c/o. It f~onts on
two s=reeEs as I think you observed and what the applicant
did was he reade a mistake and took down the old deck which
was existing and was prope~ at the time. He created,
actually what he did was he eliminated 80% of the non-
conforming use and just left a reconstruction. He
reconstructed the deck a little bit in the front leaving less
then what was there before. He moved tile decking that was on
the Smith Drive North and put out a patio in the rear which
is acceptable under the ordinance. This is a small lot that
was created well before the present zoning requirements of
lots these days and the house was built back at that time.
This is the old Smithfield Park area. Considering the fact
that what was done by the applicant was to reduce the non-
conforming use by over 80% we would respectfully request that
the Board grant the application as asked for. I think the
papers pretty well spell it out, The deck on the front that
is there doesn't go out really any further then what was
there originally. The area as I said has been reduced and we
would ask that you would please 9ran~ it. It would be a
hardship, it is unique and its really not changing the
character of the neighborhood,
CHAIRMAN GOEHRINGER: The gentlemen is selling this house?
Is that the reason you need the c/o?
HR BRUER: Yes, actually he sold it, with the condition that
we get the c/o.
CHAIRMAN GOEHRINGER: We will vote on it as quickly as we
can ,
MR BRUER: We appreciate that because he loses a large escrow
deposit if it is not granted.
CHAIRMAN GOEHRINGER: We will do the best we can for you as
quickly as possible.
MR BRUER: When do you think you might know?
CHAIRMAN GOEHRINGER: We~l, we have one more to make tonight
Mr.Bruer and we may be able to gee To this one. We will see
what we can do.
Page 3 January i1, 1991
Public Hearing Robert J and Norma E Sieber
Southold
MR BRUER: Thank you very much.
CHAIRMAN GOEHRiNGER: Is there anybody else who would like to
speak on behalf of this application? Is there anybody who
would like to speak against the application?
CHAIRMAN GOEHRINGER: Questions from Board Members?
I make a motion granting this as applied for provided that
the existing deck remains open and unmoved. Hearing no
further comment I make a motion, Seconded by Jim Dinizio,
All in favor AYE.
App1.No. 3991
Applicant(s): Grace & John Fiore
Location of Property: 150 Sunset Way, Southold
County Tax Map ID No. i000-
The Chairman opened the hearing at 7:35 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a survey done by Roderick
Van Tuyl P.C. dated June 4, 1990 indicating a one story frame
home, built within 12 feet of the bulkhead. I have a copy of
the Suffolk County Tax Map indicating this and surrounding
properties in the area. Is there somebody here to represent
the Fiore application.
MR CAMINITI: Since the application was filed I have a
more current survey which shows the actual distances if you
like.
CHAIRMAN GOEHRINGER: Surely that would be grea~ I
appreciate it.
MR CA~!NITI: I also have some photographs you can have.
This is somewhat similar to the previous applications Mr.
Chairman. Although the parcel is a ra~her good size for the
scenic beach area, the house itself was constructed only
within.Il feet of the bulkhead. The bulkhead existed prior
to i976 and my clients purchased the property in 1976 from a
Judge Vurgio who has been the owner for over 25 years. We
have a letter of waiver of jurisdiction from the Town
Trustees and there is one pending now from the DEC. What
happened here %;as since the people owned the property since
1976 and we weren't under any regulations at that time as to
setback. They constructed a deck that completely surrounds
the house.
Page 4 - January 11, 1991
Public Hearing - Grace and John Fiore
Southold Z.B.A.
It surrounds the house on the north, east and west side. We
have a stop work order from the Town Building Department
to okay a variance. In conjunction with the application ~;e
are asking for permission to screen in the patio which is on
the south side of the house. Basically the people just were
not aware of the ~act that they needed a permit to construct
it. He built it himself with his neighbor and as you see
it's a pre-existing use, that shows itself on the c/o. All
houses are built that way in the area and it's not unique and
it certainly is a hardship if we could not maintain this. We
are asking for a variance on the setback for this.
CHAIRMAN GOEHRINGER: He does not want to do any screening
on the portion of [he deck that is facing the water~ only on
the cement portios. For the record after viewing it i don't
have a particular problem with it, I did have a problem if
there was going to be any screening of the existing wood
deck. We will discuss it and certainly it is nothing he is
going to screen tomorrow anyway, so we will have the decision
for you in a short period of time.
MR DINIZIO: Can I 3us~ ask a question? On my copy of the
survey on the patio it has like a dotted line that comes out
by 5 or 10 feet. Is that an addition 5o that patio? On this
one h'ere~ I noticed 'it's not. It says like 5 feet.
MR CAMiNITI: There is an application pending by it. His
application was to ex~end the patio by an additional 5 feet.
MR DiNIZIO: But that's not the case right?
MR CAMINITi: I would not like to p~ess my luck at this
point.
CHAIRMAN GOEHRINGER: You can let us know.
MR CAMINITI: If possible we would like to enlarge the patio
by 5 feet.
CHAIRMAN GOEHRINGER: will you give us a setback on that side
and include the 5 feet, with the 5 feet what the distance is
to the
MR CAMINtTi: Do you want a new survey?
CHAIRMAN GOEHRINGER: NO, just give ~ figure, give a call.
Also find out from the contractor how high the walls will be
that is proposed on the application ~or that particular area
which is the flag zone patio. Is there anybody else who
Page 5 - January 11, 1991
Public Hearing - Grace & John Fiore
Southold Z.B.A,
would like to speak on behalf of this application? Anybody
like to speak against the application? Questions from Board
Members? Hearing no further questions, I make a motion to
close the hearing reserving the decision until later.
All in favor AYE.
App!. No. 3992
Applicant(s): Pamela Ann Conlon
Location of Property: 1765 Peconic Bay Blvd~ Laurel
County Tax Map ID No. 1000-
The Chairman opened the hearing aT 7:49 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a survey from Peconic Surveyors
dated 6/10/86 revised 10/24/90 indicating a proposed house
for the rear of the property this is a corner lot
approximately 35 feet from the rear of the property 8 feet
from the other rear yard and 24 feet from North Oakwood Road.
I have a copy of the Suffolk County Tax Map indicating this
and surrounding properties in the arem. Is there somebody
who would like to speak on the Conlon application?
MR CONLON: Mr. Chairman the applicant is present~ with your
permission I will speak on her behalf. The lot admittedly is
a narrow lot. What we propose no de there is in the same
chazacter as the neighborhood. It's a small new residence
that we will place on there. The area~ the property is deep
it is 200 feet by 60 feet, as are many of the lots in Laurel
Park. I trust that this committee and the Town will look
favorable on the application,
CHAIRMAN GOEHRiNGER; Can ! ask you also why you chose to
build a house which is approximately 3I feet in depth in
opposed to 27 or 28.
MR CONLON: To be honest with you~ the builder that we are
dealing with. The particular builder~ this is a model that
they are offering.
CHAIRMAN GOEHRINGER: The only thing that I cannot live with
is the 5 ~oot setback. If we want to construe that to be the
rear yard. It could be the side yard depending upon what you
chose. I would propose the minimum would be approximately 8
feet.
MR CONLON: I can live with that.
CHAIRMAN GOEHRINGER: That is what i woul~ be able ~o deal
Page 6 - ~anuary !!, 1991
Public Hearing - Pamela Ann Conlon
Southold Z.B.A.
with, which may require you to shrink the depth of the house.
MR CONLON: Shall we talk to the builder about procedures or
contact-yo~ lat'er as ~ what we should in order to accomplish
that? Do you give us an approval?
CHAIRMAN GOEHRINGER: We could give you a conditionel
approval based upon a minimum rear yard of 8 feet and a
minimum front yard, yes or we could push it forward by ~ feet
which~ Would be instead of 24 and 8, 24 and 5, it would ba 21
and 8. Something of that nature. That may require us to go
down and remeasure the area however. The house to the north
I can recollect, but it's set bank pretty far it's almost
down to the ~a~er i think.
MR CONLON: Yes it is. We~ve had discussions with the
neighbors in the subdivision.
CHAIRM~N GOEHRINGER: There will be some variation. Is there
anybody else who would llke uo ~pmak on behalf of this
application? is there anybody who would like to speak
against the applica'tion? Seeing no hands, any quesnions
from Board Members?
MR DINiZIO: NO. I think you covered it, making the house a
little smaller.
CHAIRMAN GOEHRINGER: I{earin~ no further comment I make a
motion closing the hearing reserving decision until later.
All in favor AYE.
Appl. No. 3984
Applicant(s]: Pudge Corp.
Location of property: 1040 Hortons Lane, Southold
County Tax Map iD No. 1000-
The Chairman opened the hearing a5 7:54 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have copy of the site plan produced
by John A. Gramis dated 7/24/86 revised 9/1/87. 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. Gray.
MR GRAY: Thank you very much. On the building itself, when
we originally applied for the permit to put a mini storage
there we were allowed somewhere around 30 feet in height and
Ben Orlowski from the Planning Board said that he would like
Page 7 January I1, 1991
Public Hearing Pudge Corp.
Southo!d Z.B.A.
to have it reduced somewhat. So we reviewed the plan and
decided to make it a one story building. Now they asked me
how high would it be and I told them I don't know 13, !~ , t5
feet in height. Everything was agree upon know when w~ declde
to put an office in the front to accommodate all the storage
buildings there we never went up 18 feet in heiqht knowing we
were violating anything at all. We just raised up to that
height so that it would look nice. Namely to accommodate the
air conditioning and heating units behind the roof rather
than on the ground. The area is not used fox storage, the
height is just for the air conditioning units behind the
roof.
CHAIRMAN GOEHRINGER: How high is the roof?
MR GRAY: i think it's just 18 feet.
CHAIRMAN GOEHRINGER: It's still a one story building as you
mentioned.
MR GRAY: Yes it is still a one s~o~y building.
CHAIRMAN GOEHRINGER: Did you dismantle amy of the storage
areas oz anything for the construction of this? This was
placed in between the other ones right?
MR GRAY: That's righT.
CHAIRMAN OOEHRINGER: Everything is pretty much the same
except for the erection of this particular building, it's
really an office use.
MR GRAY: It's in the original site plan. There were 5
buildings proposed two were built than 3 were added, with the
office in the front.
CHAIRM~/'~ GOEHRINGER: How big is that bul!dlng approximately.
MR GRAY: The office is only 15 feet by 50 feet.
CHAIRMRN GOEHRiNGER: The rest of it ls storage. It is a
nice looking building. I thank you very much for presenting
that to us. We will definitely deal with it very shortly as
quickly as we can get to it. What would you. like to say?
MR MCCARTHY: We don't have a truck renting agency there at
all we drive the trucks and we go with the mini storage
operation. We do not solicit people to come and rent trucks,
kids leaving college, going to coltege, people come from
Louisiana, California come in there with their merchandise
Page 8 - January i1, 1991
Public Hearing - Pudge Corp.
Southo!d Z.B.A.
they store it. There.are no more then 5 trucks there at a
time.. We keep them all hidden and then they take them away
afte~ they are used. tf we accumulate coo many our agency
takes-them_away._ ~ nev~ ~ava~moze hh~n 5 ~ucks maximum.
CHA~RkC~N GOEHRINGER: Let t~ understand this~ somebody would
actually bring a truck load of merchandise~ they would then
probably store in you~ building and then they wsuld leave the
truck there-:_.~hen t~ezagencywould send somebody out two
people out and they %¢eu!d take the trucks back.
MR-~MCCARTHY: They would take them back unless we had room
for them or leave them there, somebody leaving would take it
to Louisiana or California.
CHAIRMAN GOEHRiNGER: Where would those trucks De stored?
MR MCCARTHY: They would be stored right on the premises.
Right behind the fence.
CHAIRMAN GOEHRINGER: So it's no5 really not a truck ren~a]
agency o~ anything.
MR MCCARTHY: Definitely not,
~HAIRMAN GOEHRINGER: You manage this enuire-portion in the
back of the fence. So you are actually managing this
particular building along with the temporary storage of these
vehicles. Yeu are not rentin9 this in any way? You are only
renting the buildings that are forward of the fence?
MR MCCARTHY: That's right.
CHAI~,~J~ GOEHRINGER:~ We thank youa~ain. Is the~e
else who would like to speak on behalf of this application?
Anybody like to speak against the application?
MR DIN!ZIO: Will there be any sign for these Rider trucks
or a~ything~
MR MCCARTHY: There probably would be a sign up there for a
Rider truck to let them knew when they come in. It wouldn't
be a public sign. It wouldn't be a great neon sign flashing.
MR DINIZIO: Who renEs these than you? They will come
your office?
MR MCCARTHY: Yes. They can come for the mini. storage and
the rental at the same time. People come in and fill out the
application and they would leave the truck there, then
Page 9 - January I1, 1991
Public Hearing - Pudge Corp
Southold Z.B.A.
somebody would Dick up the truck and bring it back. The
people would use the mini storage.
MR DINIZIO: It's incidental to the storage as opposed to
just renting trucks?
MR MCCARTHY: Yes. It's not a typical rental. We come in and
pick up the truck.
CHAIRMAN GOEHRINGER: Hearing no further comment I make a
motion closing the hearing, reserving decision until later.
Ail in favor - AYE.
Appl No. 3699
Applicant[s): Mitchell Marks
Location of P~operty: 29829 Main Road, Orient
County Tax Map ID No. 1000-
The Chairman postponed the hearing until the next
regularly scheduled meeting.
Appl No. 3996
Applicant(s): Stanley Wernick
Location of Property: 200 Private Rd ~5, Cutchogue
County Tax Map iD No. 1000-72-1-1.6
The Chaizr~mn opened the hearing at 8:02 p.m. and read
the noEice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a survey with a most recent date
of 12/19/88 from Roderick Van Tuyl P.C. It is a survey
indicating a one and a half story or two story frame house.
Constructed a little closer to the easterly or northeasterly
property line theu it is any other portion of property with a
in the ground swimming poo!, inclosure area attached to it.
The nature of this application is out of a site plan produced
by Ward Assoc[ates which shows that the new deck and new
addition which is to be conetructed on the easterly side
again northeasterly. Shows a setback of approximately 15
feet 5 'inches to a variable of 18 feet 5 inches toward the
private zd ~5 and approximately 70 feet for the deck 80 feet
for the proposed addition of the existing two story frame
residence. It is a rather extensive addition, which is the
nature of this application. Is there somebody who would like
to be heard for Ward Associates?
MR FEELEY: I'm the architect on record for Ward Associates
speaking on behalf of the Wernicks. The first issue I would
just like to bring to your attention that we received
Page 10 January I1, 1991
Public Hearing - Stanley Wernick
Southold Z.B.A.
notification in the mail. They hadn'~ made any [ssue of it.
We did send it to the address that is noted 9n the Assessors
records.
CHAIRMAN GOEHRiNGER: Are ~' ~= p~o~±~ to .....
_no~ the .... '- the west s~a~
on this. The one issue is that the poe! and~,~'-- ~x~ng ~
residence both c/o's existing in place. The addition itself
due to its limited nature of the existin~ design only allows
us to attach on certain location and therefore that dec~ded
where we put this addition. Being that we were locked ,-~ by
the pool and the facility itself. The side addition is
~Le bluff addition is what we are seeking a
conforming~
variance as you know'. The design is bringing everything ~o a
single level looklng down the road Eowazds a future
· ~e ex!st[~ig master
retirement residence They are moving
bedroom which is on the second floor into this addition,
CHAIRMAN GOEHRINGER: Will this be a one or a two story
addition?
MR FEELEY: On story addition, Other then that there
discrepancy on one of the surveys that we did have which is
previous survey which had 91 foot setback from the bluff. We
don't know how that comes into play but the new survey had a
77 foot setback. Also we would like Eo show by this map is
~o~o~nmn~ ~.luence= have setbacks of 77 on the west
side and 35 on the east. So we ~
~ea~y are nee infringing on
anything as far as the character of the setbacks in the area.
CHAIRMAN GOEn~N~ ..... apologize, z was down to see tn~
one and I don't remember if there was a bulkhead along the
Sound down below. A retainingw~.'~ Is there a retaining
wall?
MR FEELEY: Yes ~_e is.
CHAIRMAN GOEHRiNGER: It kind of limits the erosion factor on
the bluff. This bluff is in relatively good shape because
it is a really high hazard erosion area. In reference ~o top
side erosion. Because of the great !a'wn that is in the rear
of this house ~ .
~ seems to be very little erosion at all The
only restriction that the Board was so incli-ned to grant this
would be thah leaders and gutters be placed on the premises
and that they be placed in a holding container, or that they
be drained to~,~mrd the private road and away from the blu~.
That is the main concern I have at this point snd of course
there would be no construction any closer then 70 feet to the
top of the hill. This should be a concern. Sometimes we
Page 11 - January 11, 1991
Public Hearing - Stanley Wernick
Southold Z.B.A.
require hay bails or straw bails but in this particular case
where the property falls away I don't think it is actually
necessary because you couldn't possibly have
that amount of rain water that would actually cause that
height to spill over the top because of the way it is graded.
MR FEELEY: Also the design of the roof will help that. It
is going to shed off to the side, majority of it. Only the
northerly end would be shedding toward the bluff and with the
gutters it could be prevented.
CHAIRMAN GOEHRINGER: We thank you very much. Is there
anybody else who would like to speak in favor of this
application? Is there anybody who would like to speak
against this application? Questions from Hoard Members?
Hearing no further co~ents I make amocion closing the
hearing reserving decision until later.
All in favor AYE.
App! Nc. 3998
Applicant(s): Henry ~
uno Mary Raynor
Location of Property: Peconic Bay B!vd, Laurel
County Tax Map ID No. 1000-126-4-1,2,4,5.
The Chairman opened the hearing a5 8:10 p.m. and read
the notice of hearing and application fo~ the record.
CHAIRMAN bOE~RING~.: I have survey a produced by Peconic
Surveyors most recent date is 10/14/90 indicating two rights
of way. One walking path and the other a ~oauway, driveway
dirt ..... ~ ·
cono~ruc~on primarily. I have a copy of the Suffolk
County Tax Map indicating 'this and surrounding properties ~n
the area. Would you like to be heard Mr. Raynor?
MR ~A~OR. Basically we are working w~uh an old filed
subdivision map x==9 A.L. Downs. There are 4 rijhts o~ way
involved The one before you on so~tne~.~r portion extending
~o~o 28 and 30. They were
over lots 31 and !0 going through
originally deeded as access to lots 28, 29 and 30 however, on
a physical review of the site to develop a lot out of those 9
lots on the A.L. Downs subdivision which we propose to do
would bee-~xtr~mely~ - environmentally u~o~nd~-' '~ ~ re try and follow
this right of way as it exists. The second right of way
exists from Peuo~ic Bay Blvd along the boundary running north
to lots 24,25,26 and 27 there is also a developers map right
of way which he is had that westerly right of way to the ease
in a dog like fork. We presume that it would be better to
condition to corse up the westerly as described by deed then
to proceed through the developers right of way to the east
Page 12 January II, 1991
Public Hearing Henry and Mary Raynoz
Southo!d Z.B.A.
and then again to the north. The property in question exists
on town maps as 3 separate tax deeds and I am trying to
procure for the Board a single and separate title search for
each one of those.
CHAIRMAN GOEHRINGER: You will be back with that right? At
another hearing~
MR RAYNOR: If it is required. Yes I will. To date in the
deed transfers that t have brought to your office lot 24 was
deeded to the Estate which we are contract vendees in 1952.
Lots-25 and 27 were deeded from in 1950. Lots
28 - 30 were deeded from Arthur Downs son in 1965. i will
leave with the discretion of the Board to decide whether or
not we should com~ back and whether or not they are merged~
because they do p~e-exist zoning ordinances in the Town of
Southold. I hope ! haven't confused the Board any.
CHAIRMAN GOEHRtNGER: No. We will wait until we get that
single and separate search. You are having one done at this
time?
MR RAYNOR: We are having one prepared.
CHAIRMAN GOEHRiNGER: Can I lust ask you a question, when one
goes to the site and one Eides down ~he road through the
caverns there appear Lo be two rights of wcy there. Are they
encompassing one right of way?
MR RAYNOR: They are not.
CHAIRMAN GOEHRINGER: We are only talking about the easterly
right of way which is the nature of this application. You
are also proposing that area which then basically
approximately to the rear of thc house that is on the corner
of this right of way }n Peconic Bay Blvd. You are prcposing
that we run an alternate right of way through lots 24,25~26,
and 27 to the back lot rather then usinc that existing dog
leg which goes to the east and then to the north.
MR RAYNOR: That is correct.
CHAIRMAn[ GOEHRINGER: To what extent would you be considering
conventing that lot , 20 foot access, 15 foot access.
MR RAYNOR: i would leave it at the discretion of the Board,
however, the 4 lots to the north goes with the 24,25,26 and
27 we have proposed to make a single driveway. 28-30 would
use the first part of that driveway in co~nmon usage.
Whatever the criteria would be set by your Board. It's very
Page 13 Janoary 11, 1991
Public Hearing Henry and Mary Raynor
Southotd Z.B.A.
wooded and we would !ike to disturb as little as possible.
CHAIRMAN GOEHR[NGER: As you are aware the5 I don't know
whether we are under contract with Sidney Srown or not but we
do have a gentlemen that has now come to the Town and it has
been the suggestion of this Board in the past to have the
Town Engineer look at this right of way, existing right of
way. We will have this gentlemen go down or at least a
member of the highway department go down and take a look
it.
~R RAYNOR: The existing right of way on The westerly side is
in very bad shape.
CHAIRMAN GOEHRINGER: We will see what his suggestion is in
reference to enhancing it at this point. How many houses use
that existing right of way.
MR RAYNOR: At least 3.
CHAIRHA~ GOEHRtNGER: I thi~k toward the rear that also
becomes a common right of way it appears that when~ goes
around the trees again, does it not?
MR RAYNOR: It appears that ,-~"~ on tax ~aps. it doesn't_
reflect.
CHAIRMAN ~O~H~N~ .... you don't
.....
recess this hearing to the next regularly scheduled hearing
and have the Town Engineer or a member of the Town Highway
Department go out and take a look at the right of way and let
them make some suggestions. In the interim I will go and
take a look at the alternative access that you are requesting
through lots 24. 25, 26 and 27 ~ ~
..... ~ .a sketch of that but I
wrote in the other one I forgot about ~,~e other access, which
is a better idea probably.
MR RAYNOR: If you look at the access from the southeast of
the properties in the described deeds you can see it's
prohibited the driveway.
CHAIRMAN GOEHRINGER: I drove in there with my four wheel
drive and got about 3/4 of the way through, then turned
around and came back out. That was my concern because access
flor fire vehicles would be very difficult without taking a
substantial amount of trees down. I do concur on that basis.
rs there anybody else who woald like to speak on behalf of
this application? Is there anybody who would like to speak
against the application?~eing no hands I make~ a motion
recessing this hearing zo the next regularly scheduled
Page 14 - January !1, 1991
Public Hearing - Frank Sawick]
Southold
meeting. The next regularly scheduled monthly meeting.
Ail in favor - AYE.
Ap~l No. 3999
Applicanf[s): Frank Saw£cki
Location of Property: N/S
County Tax Map ID No. 1000-51-3-5
The Chairman opened the hearing at 8:19 p.m, and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: The proposed building ~o be used, iL is
a building of approximately 70 feet in width and 90 feet in
depth. I have copy of the Suffolk County Tax Map indicating
this and surrounding pzopertles in the area. Would any of
you gentlemen like to be heard?
MR SAWiCKt: Good eveni:~g Members of the Board. I would like
to thank you for the opportunity to appear before you and
presenu the case ~o you on behalf of my Uncle Frank who is
hear tonight and my Aunt Mrs. Walter Sawicki who asked me
to represent her. i brought you up a letter as she Rs out of
state for this hearing this evening~ The letter is for your
files. The basis of this appeal centers around the fact that
their potato barns are no longer able to be used for
agricultural storage purposes. Frank and his brother Walter
used these potato barn£ quite extensively throughout the many
decades that the family farm was in business. Walter Sawicki
passed away more than ~wo_years ago and even before he passed
away the barns really weren't used fez real active
agricultural purposes for ~pproximauely three years prior to
his passing away. With the exception of partial leasing to
other potato farms who would use it for potato storage there
has been little or no agricultural use enjoyed by these
buildings for the last 5 uo 6 years. Please understand that
after a brother of Frank and Walter Sawi~k] passed away the
family farm has been totally dissolved, retired and
unfortunately I personally must add there will probably be
never be another Sawicki farm again. Where does that leave
them wi.th the potato barns? Under current zoning use they
can legally be converted of course to a residential building
but you know as well as we do how costly that would be. Even
if it is at a!! possible. You are probably l~terally
speaking enormous sums of money to converu a potato barn into
a residential building. They have been trying in earnest to
rent these building for other agricultural uses but to no
avail. As a matter of fact the current tenant Steve Doroski
who leases only part of the building for potato storage and
has been fez a number of years now. He has already provided
Page 15 - January 11, 1991
Public Hearing - Frank Sawicki
Southotd Z.B.A.
notification that they will no longer be using the potato
barns since they too are discontinuing potato farming after
this winter storage season is oyez. With the dramatic decline
in Southold Town it's basically and virtually impossible to
find any type of tenant under the current a~ricuttural
restrictions. The hardship arises to them when you consider
the costs involved to continue to own and maintain these
buildings and not be able to generate any rental income to
cover any of these costs. Annual ~ixed costs alone include
property taxes over $2100.00, insurance over $3100.00,
electric bills over $3050,00. Hence you can see that these
barns cost over $8000.00 a year just to own without including
the variable expenses fez maintenance and repairs which are
quite costly as Ye know ~oz large buildings, I will be happy
to provide you later with documentation o~ these costs on an
annual basis again for your files. Uncle Frank and Aunt Mrs.
Walter Sawicki ! respectfully request that a variance for
permission to utilize these existing potato barns for inside
storage of general miscellaneous items other then presently
permitted as agricultural storage uses. Such examples of
these miscellaneous items might include boats, trailers,
various equ~pment, cons5ruction materials, and even perhaps
household items~ and autique cars. Certain!y the required
loading and unloading of such items would be infrequent.
Generating little or no change in adjacent parking areas and
no change in tzaff!c on ~ear by roads. They are requesting
strictly inside storage which would not be visible ~rom any
neighbors or neighboring areas. Basically such newly
permitted use w~uld be no different than currently allowed
under agriculture. Only the storage item itself would be
different. If such variance was granted then it is felt that
Frank and Mrs. Sawicki could much more easily ten5 or lease
these buildings thereby making ownership of the buildings
affordable. There is no other way that we know of to be able
to derive income ~rom these buildings to meet such limed and
variable costs associated with them as I have outlined. I
would like to point out ~urther to you that other then Mrs.
Sawicki living several hundred feet to the east of these
buildings there are no other residences closer then
approximately two to three tenths of a mile to the west down
the road. It is fully intended that the permission to store
such general and miscellaneous items is granted would in no
way harm the current landscape of the area since no storage
or continuous activities would be permitted to take place
outside the building~ No commercial business at all would be
permitted in or around the building, Again the surrounding
neighborhood would notice absolutely nothing different from
outside the buildings as we see currently. We would oppose
any efforts to erect signs and generate any additional
traffic in that vicinity. All we are asking is permission
Page 15 - January 1!, 1991
Public Hearing Frank Sawicki
So~thold Z.B.A.
for again strict inside storage only. Any activities not be
repetitive but to reiterate any activities in the vicinity
would be no different then we see currently now allowed under
agriculture except it wouidn',t be ag£i. culture s~rictly ~ny
longer. Frank and Mrs. Walter Sawlohi also wish to offer you
formally or any Town department to the right to inspect at
any time these buildings. To insure that the proper storage
is in fact being conducted if you so find it proper to grant
this variance, In summary, unless this appeal and variance
is permitted such buildings will not only be rendered useless
but they will cost well in excess of $8000.00 a year to own
while remaining vacant. That is my for~i presentation.
CHAIRMAN GOEHRiNGER: We have two buildings here is that
correct?
MR SAWICKI: Right.
CHAIRMAN GOERRINGER: What is the actual con~t/uction o~
those buildings? The roofs are woo{.
MR SIJ~iCKI: The roofs are wood and the walls are cement
block.
CHAIRMAN COEHRiNGER: As I think you are aware we did render
a decision to two brothers in Cutchogue for a similar types
of buildings. One was steel and one was wood and one was
some other composite material. They are presently renting
those. That decision was rendered sometime in 1988. We of
course have placed a restriction on that. That it be of dead
or inactive sEorage and I think that we concur in that
particular aspect. The one problem that we do have however,
we did have Mr. Gray here tonight who owns Pudge Corp. who
owns mini storage, in fact, it's right Jn hack of us right
over here. We asked him ar the Lime tha~ there be no suorage
of --turned tape eve5 -- gasoline tanks. It has been the
procedure of most everyone who owns ~ boat of that nature to
fill a tank up for the winter so that there is less
condensation. This Board may restrict ~f ~t so deszres to
grant this application that it be limited to any type of dead
storage' that not contain any nocuous or flammable material.
That is what we are primarily concerned ~bout.
MR SAWICKi: That would be no problem what so ever.
CHAIRMAN GOEHRINGER: There are many many boats out there
that the motors are extricated from and then of course the
boat ~s then stored for the winter. That is something you
will have to deal with. We are concerned with flammable
mmteria!.
Page 17 January i1, 1991
Pubiic Hearing - Frank Sawicki
Southold Z.B.A.
MR SAWICKI: That would be no prcb!em. We were Just trying
to provide examples of different types of basic what we
thought would be very safe types of storage.
CHAIRMAN GOEHRINGER: Thank you very much for youz
presentation and we will do the best we possible can. Say
hello to your father.
MR SAWICKI: Thanks very much and enjoy the snowstorm.
CHAIRMAN GOEHRINGER: Is there anybody else who would like ~o
speak in favor of this application? Is there anybody who
would like to speak against the application? Questions from
Board Members? Hearing no further questions I make a monion
closing the hearing reservlng the decision until iater=
All in favor -- AYE.
Appl No. 3995
Applicant(s): Gregory Fegos
Location of Property: S/S Nau]les Drive, Mattituck
County Tax Map iD No~ 10-00-99-5-17
The Chairman opened the hearing at $:37 p.m~ and read
the notice of hcaz!ng and application for the record.
CHAIRMAN GOEHRiNCER: The first application of the evening,
the gentlemen was a little late because of the weather and I
did promise him that we would take care of his application
first. So we will ask Mr. Fegos if he would use the
microphone.
MR FEGOS: Good Evening M~- chairman i would like to
apologize for the inconvenience. What I am requesting from
the rear view of the house from the site oz to connect the
rear deck to the side door. There is a 5 foot deck going I
have a stoop 5 x ~ so I am 5rying to connect that to the rear
deck which was a mistake on the original plan presented to
you. That is why it was basically there.
CHAIRMAN GOEHRINGER: Is this deck roofed in any way.
MR FEGOS: No it is not.
CHAIRMAN GOEHRiNGER: Do you have a plan to roof it in any
way?
MR FEGOS: No~
Page 18 January 11, 199i
Public Hearing - Gregory Fegos
Southold
CHAIRMAN GOEHRINGER: We thank you very much for driving all
the way out here.
MR FEGOS: i thank you and I apologize again.
CHAIRMAN GOEHRINGER: Nc problem. Good night. I make a
motion reserving my decision of recessing it to the ~e×t
regularly scheduled meeting and closing the hearing at this
point. I want ~o withdraw it. I make a motion withdrawing
ray first decision, i'~mke a motion closing this hearing and
reserving decision until later.
All in favor - AYE.
App!. No. 3990
Applicant(s): Cho!{~wsky/Caso!a
Location of Property: 3340 [{orton's Lane, Southold
County Tax Map ID No. 1000-55-i-9
The Chairman opened the hearing at 8:40 p.m. and read
the notice of hearing and application for the record.
CHAIRMAN GOEHRiNGER: have copy of the si/e plan produced
by Fairweather and Brown ArchitecEs Designers from 122 Front
St. Greenport, NY dated i~/15/9~ irldlcating this particular
site plan. Are there people in the audience who would llke
to see this site plan prior to the discussion of this
hearing?
AUDIENCE: Can I ask a question? is that similar to the map
that appeared in Thursday's suffolk Times?
C~{AIRMAN GOEHRINGER: I think it is. Of course it's reduced
a great amouns.
AUDIENCE: Yes.
CHAIRM~N GOEHRINGER: That's why I asked you are welcome to.~
Yes sir.
AUDIENGE: I would like to see it.
CHAIRMAN GOEHRINGER: Sure. What we will do here at this
particular point then is just allow anybody that would like
to take a look for a couple minutes. Who would like to be
heard on behalf of the applicant? ~r. McLaughlin?
MR MCLAUGHLIN: Thank you Mr. Chairman and Members of the
Board~ i'm here on behalf of the applicant Michae! Cho!owsky.
Basically what we-have here is an approximately 17 acre
Page 19 - January 11, 1991
Public Hearing - Cholowsky/Casola
Southold
parcel of property on Horton's Lane which is almost directly
across the street from existing Lucas Ford facility. What
the applicant proposes to do is erect a driving range
miniature golf and related building and facilities, What we
are here for this evening is a very ! ~ '
lmlue~ ISSUe. The
zoning code of this Town has a regulation as far as this
special exception use and tile -.'~
~gr~c=~u~ conservation
district which makes it a requirement that any type of
facility like this must be operated as a not-for-profit type
of business. I have submieted to
_ ~ . ~.1o Board a memorandum of
law and I think it's very clear in my mind from my research
that the courts of this state will not allow such a provision
to prevail. It's the province of ........
=analog .... planning to
limit and control the uses to which a property is put. It is
not the province of zoning or p!anRing 'to attempt to dictate
who can use the property and what ~-~ ' '
.~[~ ~OVl'~lOn of the
special exception usc douu ls try ~o limit that type of
entity which can operate this,,!~ ~n~ of ~ '~'~ ~ ~
.X~h CS~. think if
you have had a chance to rev!ow my ~"~ ...... ,~'~ '
....... anu~m you 11 see that
all the courts ~f the state i: ....
~cl~,ing the highest court ,
Court of Appeals, have ruled [hat such limitations are
illegal nul!ify basically. ~,~ w~.~= ~u are here for this
evening is simply that variance. Tc allow us to go forward
with an application for a special exception and a site plan
~ro~. the ~] ~
approval = ~ :_~:nn=~,g Board on betel== sf a operation
that is going to be run as a ~s~,~s profit operation.
CHAIRMAN .... ~r~u. · ·
HR HCLAUGHLiN: That is correct. Any of the ' ~
con~=r ..... g the manner in which this operation shall be
conducted or how it shall be built and operated really I
think should more proper!~ reflected ~n =u~u~= hearings
regarding special exception use and or ...... ..... plat' approve±.
This again is a very liraited ~ssue that we are here before
this Board tonight. We are ceItainly happy to discuss the
project, to answer any questions ~-.~ ~
relation to the project and Hike .... ~ '~ h~s~
~=ow~ky and father
here and if there any questions we wo_~d be happy to address
them.
CHAIRMAN GOEHRINGER: Will there bo any li§htin9 on the
driving range?
MR MCLAUGHLI'-N. Yes I bel=eve' that shows on the site plan.
The lighting ~' = wi~ '
be dizected oasically outward
tee area to the landing area fo~ the golf balls.
CHAIRHAN GOEHRINQER: The only other '- ~ -
question I have is
issue that you are actually looking for. i assume what you
Page 20 - January %1, i991
Public F!ear Ing Cholow~ky/~aoo m~
Southold
are ,_ook~n~ and correct me if i'm wrong, ~%r. McLaughlin,
are looking for either r~lze~ from that number which is
number 7C at i00-31 page 1041 which says "such use shall no5
be conducted [o~ profit as a business enterprise."
MR H~AU~HL~N. I am looking ~or~--~ .... ~om that and
allowing ~ to ~ we can obtain ~ ........ '
~em hh~s ~oard in the way efa special exception and ~rem
the Planning Board a site plan ~ppro~'~ uo be able to ~rate
fo~ ' ' ~ ~ou----~,_~ ~i~ type
Du~iness purpose. Not as a '- ~ ~-~--~'e of
operation.
CHAIRMAN GO~H,.INu~R. ~.-t' only c~ u .... is .~ a~ ~ ~um
we have pre-exiting solf .... ~-~ and
c ........ we :nye a pre-existing
miniature ~ '~ = '- ~ ...... ~ e ~--ve - o'~e-oxistins
driving ~an~e in the Town of ="~+~''~ ~c
this condition~ o~ to vary ~u ~ ...... ~ ,, t.n~s ~ .... u ca,sc
p~ecedent, so to speak, wie' ~ ~'~- . That '
concern a[ this k~oint. ~t ...... ~ ~ y this
particu!a~ ~ct but many '-~' ~p~o~ects and ~"' "
ultimate concern, I have heard of discussions of
construction Df a 200 ~c~' ~a -~ ~ cou~s~ ~n' Laurel, which'
certainly not operate unless it was o~cratad
MR ~C~A~.GH~IL: Un~,~ z~ was a p~v=t~ club.
C,~AIR~A~ uOE,~R~NG~R. Snnzlar to No~th~,,~-~'.~, Country Club. i
have also heard discussions -'¥
~su~ Islands End being profit or
not-profit I really don't have that at this particular point
and it is probably ~ -~ '~= ~
p=e ~x~o~ zoning anyway. ~ha= ~ my main
to say in that area?
HR ,.C~AUGH~ .... Well I thln~ obviously ~,~=2 ~p. pll~,~lo~
legitimacy to your concern and people .....
....... certainly come
back and point to this. If t'm ~ ~ '~ :-= '~,
~en~e~ t .... relief at
' ' ~ ' ,z~e= ~=~,~ but to go
pointODVlO~lSly I think I nave no o~e ....
forward and again I think the precedents that I have provided
to you in ~,v memorandum of law we'~-~ indicane that i will
~h=~ were true i= I ha-~ to
ultimately prevail probably, if ~ -~
c~c prevail then that portion of
go that route and i ~ ~
~o ..... ~ ordinance wo~id then be gone ~ ...... ~-
would t~e~ not be limited with my application,
u -~ ~ unln,. '" ~ b~'+~'~ let
C,,AI~HAN SOEHRINGER: r ~, -
~ ~n,~.~ yOU h~d ........ ~s do
~s recess this hearing to the nex~ r~la~y scheduled
~ ,, ~ will discuss your
monthly meeting and in the .nt_r.m we
.~.mo~andum of the law with out Town Attorney anu we will go
from there. Now that is not meaning that we will have it
Page 21 - January 11, 1991
Public Hearing Cholowsky/Caso!a
Southold Z.B.A.
tha early part o~ F~bru_~-v ..... ~.~ ----
part of February.
this along as expeditiously as Dessible b~cause ........ y
do have other, assuming that w~ get beyond this stage~ we do
have othe~ ~lurdl~ ~o ovcza:um~ c~u we w~,~izu zi~ to progress
as e~k~y as
CHAI RM~-~ ....... =~ ...... v~n=e~ or
uOEnRlz{~b'_. Are your c~ppzicants contract -a ~
do they own the property?
MR MCLAUQHLIN: They nz~J ]~g ~ ...... ~a.~'~' -~- nrtlnn to
purchase.
CHAIRMAN ~u~a~J~,~: i _~-~n ~- ~
honest with you~ coa~inue this ~o any great dec.eec~ what i
want to do Is ~u~,~ _~,~,~,~. ~z*.~= tile ~"~ .... At~ c,:-~ We
have been ....... ~,~r..~_~ .... h~ SV= un- ~,~.~--,.~,s~"~,+'~'%~' n~.,J- ,:,z~=~ ~ ~.-h,=' '= -'-~=~,~ of '~ '- ....
not 9otten chance ~-~ d: ............ this · '~
~u ,- ~ ........ wl~,. =~,um. I should point
out ~or the audience ~hat it is the nature of this Board that
when a person b~inqs a heartng be~.re our calendar that we do
hear the case and we io appreciate everybody comin~ out here.
I just want to mention for the audience again that you have
the perfect right vn ';p~sak ~:onight that this is a preliminary
meeting fox that sol~=-~.~_~o.,~""~,_~ o= dealing w~th' the issue
~ ~'"=:~ ' ~z~ in the
not-for-profit as opposed mo D~ whlch a~'~° code.
the previous speaker~ this point of law would allow him to
build a fat rendering pzan~ for any pair .... ar bus!ness
decided to build. I'm i correct in that.
CHAiRHAN__ ~OEHRiNCER: i a_~-t, know because .r .~,~e~ ..... no5
completely' rev~ewea the m...o=and~_~m of law. That is a
question however though. After we give the To~n ~e~ ~y
copy 3f this that you might ask the Town Attorney.
~HNoON. I~ it seems so unusually wrong to be able to do
thaz.
CHAIRMAN GOEHRINGER: There is no eu .... on that when I sat
with the gentlemen who immediately sits ho my ~ , ~
~ef~ and shoui{
mentior_ this gentlemen has been on this Boasd for 35 years
along with gentlemen that is lust in the hospital. I asked
him uniquely, az a joint raectinq_ with the Board u=~= App,~a~o, '~ ~
from the Inc. Village of Greonport and
~-.- State came down
and we were dealing with a training session. I said to him
Cn,_~_=e~ grigonis tell me why what b~t zon to the Town
~'- ' ~'~ ~" ~,a~ somebody wanted to build a
of ~u~t. old. He told me ~-~.
Page 22 - January ii, 1991
Public Hearing Cholowsky/Casola
Southold Z.B.A.
sauerkraut factory in a residential district. That is
basically, if that answered your question, fine.
HR JOHNSON: Thank you very much:
HR MCLAUGHLIN: I~ I could ~us'~ briefly respond ~o that- i{!'
application is not to allow us ~o do any kind of profit
business that we want to do hheze~ My application is
simply to allow us ~o operate, in our particular instance,
the golf driving range and miniature golf for profit as
opposed not-for-profit. As far as thc public would b~
concerned, there ~ould be absolutely no difference between
the two operations. To walk upon the site you would sec
absolutely no difference between a profit and a not-profit.
We are no~ proposing to do anytnin9 other then what is
allowable as a special excopuion in the AC District. We are
merely asking that as opposed to having to form a not-for-
profit corporation and operate a business without making a
profit. That we will be able to do it as a regular busine~s
corporation~ partnership or individual ownership.
CHAIRMAN GOEHRiNGER: Please understand that I am not
comparing your clients projec5 Eo a sauerkraut factory or
anything of that nature because am ~ct.
MR MCLAUGHL!N: was basically responding co the question
and we are limited ~o what we could ever hope to be able to
do under a special exception co those uses that are allowable
for special exceptions.
MR WINTERS: i live on Hortons Lane. I would llke to address
instead of going into my feeling about whether oz not ~
driving range constitutes a golf course and speak to the
question brought up by counsel of the applicant and due
respect to Lawyer HcLaughlia. The wording on this i went
back to the zoning book and when you get lnto a AC District
it talks about prcservation~ it talks abo~r occident!at
development with a minimum of two acres. It talks about
certain exceptions, maybe a two family ~ome, possibly a
nursery, a church, things like that. A golf driving range
seems a far cry, to me, from being anything with any kind of
agricultural or conservation orientation. It's a business
pure and simple and it belongs in the business district, net
in a residential distric~ which AC is. In f'act AC is
probably more restricted in terms of reuidentia! zoning then
is a pure RE. Because it addresses the wide open ranges and
the preservation of the flavor of the Town. The agricultural
flavor of the Town. In any event, getting down to the
possible exception uses, one of them refers to and I'm going
to read if r may~ beach clubs, tennis clubs, country clubs,
Page 23 January 11, 1991
Public Hearing - Cho!owsky/Casola
Southold Z.B.A.
golf clubs, public golf courses, I presume that would be
something like the county course in Riverhead, an annual
membership clubs ~ ~
ca~e=~ng exclusively to members and their
guests. When the conditions of that, I'm trying to get to
Lawyer McLaughlin's point. Is that such use shall not be
conducted = ' ~'
,_or profit as a DUoln~SS enterprise. It's my gtless
in reading this and thinking about it a little bit, ~chat the
authors of the zonin~ law pus that in there for very a
specific purpose because they knew that beach clubs, tennis
clubs, country clubs, goi~ clubs, public golf courses that
wouldn't apply, but that's s little different. An annual
membership clubs are not-for-profit. There maybe some
exceptions to that ~"~.,~. Islands End which you said pxe-
existed zoning anyway. A private membership only exc!ustve
membership only North Fork Country ~zun. For example:
Developers flock to these clubs to build residential axcas~
residential ~ ...... ~'
~u~.~n~ Lhcm~ because enh~n~z the
value of a residence rather tigon retracting ~rom it. Au I
suspect that a golf or irivinq range and ~.' '-'~
~iRi~ eu~ golf
that you probably would with ~ ~ , e=
~gn~ and this type of thinj.
don't ~ ~
an~o~uy ~s going to flock to put in a
residential subdivision surrounding a golf or driving ~ange.
I believe that to ~'.~,~.c thc.~:..¥'...~ pro{it or the not-for profit
~ oeoalace~y and try Lo deal with it alone is
issue pull ie out ~ . - ~ '
not the intent of she way ,~:- ~,~.~.g by %t's ~uthors i
' Is ~,~a.~ co ~c '?'-~ whole to try to
fracture what was originally ~:et out. =T+~ iS in there a~-$
condition to make sure that if ~ golf club does go in to a AC
area, a residential area, it is in indeed a private,
exclusive golf c=u~ that zs going to enhance the residential
area, blend !n with the residential area and not be something
z~erent issue from
other then that. Not-for-profit iN: a dl~
that and = don't think ~ -' ' _~ =~, ~-
= ~h~,t ~- can be d~a~ with separately.
it is the only thing tn.~ .... e ....... allowed to ~=~ about
tonight You can't do that ~=,~,~ ~ /o's '
. ~ec .... e i~ we mo ~ just w~ong.
This is not the way this was written, rt can't be done that
way,
CH~R~AN GOEHRINGER: Thank you.
~O~o~R. I owe property on North Sea Drive and I Second
his ~' ~
MS ~ .~o[~E~.' ~ i live at ~he' very end of Hortons Lane and I
would like 5o say that I ngree with everything ,.nat
Winters jesu said.
MR BOOS: Horton's Lane. Considering the situation here and
I'm no5 going to say very much except that I consl=er the
fact that Lucas Ford is across the street is pretty
Page 24 January Ii, 1991
Public Hearing - Cholowsky/Caoola
Southold Z.B.A.
distressing already and I don't feet that more distress is
necessary.
MR PATAGLIA: I live on Horton's Lane, I agree with Mr.
Winters. In addition we, there ~re many people in this area
that don't, haven't heard about this plan going in. Haven't
been advised and haven't had a chance to come up here and
oppose it. If we could ge'u a continuance.
CHAIRMAN GOEHRiNGER: That is what we are going to do
tonight. Thank you.
MR REGAin: I also li~e on Hortons Lane. We feel ver~
strongly about this. F[£st of all there will be a greau dca!
of traffic~ there will bc lights. Wh~t wc ar~ really
concerned about is that it could turn into a- like it
did in Farmlngda!e some y.~azs ago. We ars very much upset
over the idea of cot having a continuance until al! of
people are avaiiab!e to come here and talk about it.
CHAIRMAN GOEHRiXGER: Thank you.
MR STOLLMEYER: I live on Soundv!ew Ave near the cerne~ of
Horton's Lane and want ~o agree ~ith all of the former
speakers.
CHAIRMAN GOEHRiNGER: Thank you sir.
MS LEPRESTI: - also live on ilorton's Lane and ara very much
opposed to this whole proposition. We are very worried,
CHAIRMAN OOEHRINGER: Thank you.
MR MCLAUGULiN: Jtlst ~ cosp!e of points to ~eltezate.
Whether this operation is dona as a not-for-profit }pez~tlon
or whether it is done as a profit operation it's ~he same
facility. ~-~ ·~ ' ~ ' on,- ~ ~
~e~oo~,y lz LtIS' - no~ a ~c~a, ixceptiofl
this district the~e is no other district within the Town of
Southo!d in which it falls. This is the specific district in
which an operation such as this sort was put into the zoning
ordinance and it's my position to this Board that the attempt
within that ordinance to limit it to a type of person that
can own and operate that business is illegal, It cannot be
done lewd!fy, That is thc ~ole point that I want to make to
the Board this evening. Again assuming that we go on to the
next step a~y and all questions regard[ns the ~ctuai
operation of the facility will be open again to public
common5 as well an continuation of this hearing. We are
happy to sit down and talk to people about this at any point
in time and see if we can overlay some fears.
Page 25 - January 11,
Public Hearing - ~ho~o~ky/Caso~
Southold Z.B.A.
~ - = ' you. ~ co~ing
CHAIRMAN GOEHRiNG~R. Thank We thank you all
in. We will continue this hearing around mid February.
will readvertise it in the interim. Everybody thank you for
your courtesy and have a ~afe trip home. Hearing no further
co,aunt I make a motion to recessing it to the next regularly
scheduled monthlym,~.~,~.
Ail in favor Aye.
Appl. No. 3993
Applicant(s): Kenneth ~ ....
Location of Prol}erty: ~b,- ~ '
..... ,~zoa~l~g, Fishors islan~]
County Tax Map iD No.
The Cha { ~n + ~
..... =n opened the bearing at 9:05 p.m. ,_~3
the notice of hearing and nppllc<~tion fo~ thc
MR DOYEN; I ~-"a ' ~w~ ~ ~- ''
~ecau~,, topography
this is the unty ?~ ~r'~% ~ ~
~-a,-,,1, a .... ~, on this lot for an occcssory
building.
CnAIRMAJ uO~H~u~: Is ,~ a one s~ozy building?
h~ DOYEN: it ~-'{]~,~ ~ ,~_~ ~,~ ..... snory building.
CHAIRMAN Go~HR!~,Gma.~o~ + ~'~-~ exceed how
MR D0~E~,. Less t:~en 5he ordinance limit.
~,~R,~,~R. be used strictly for s~orage?
MR ~Y~N. ~t~,ct~2 -e .....'e~ garage for .~n ,.~ ......
~A~:~A~ GQEHRINGEE: W~at ~ype of utilities?
MR DOYEN: Possiblye~ec,~rlui~ -'~ '~"ty but no 'wa,,ez,~' - no u~-~' ~r ~
uti~ -e.
C~{AIr~MA~ COEHRINGER: No heat?
HR DOYEN: No beat.
CHAIRMAN GOEHRINGER: I have no other questions. No further
~-~R DOYEN: ~ ~ ~. ~' ~ it
~ ~n .... ly thing ~ ,1 add ceztalnly can't be
objectionable to anybody e~ ~ ~' ~ ~'-,
~_se D~CG~S~ ofz~ ~ location.
more or ~s~ ~n ~he ce~rhez o~~=' lot as it works out.
Page 26 - January i1, 1991
Public Hearing Kenneth L.
Southold Z.B.A.
CHAiRM~N GOEHRINGER: Fo~ the people in the audience you
should be~aware that we are discussing an application which
Is the last one of the evening ~oz Ken Edwards who is a
F~hers ~t~n~ Member ~n~. ~ ~ ........ ~ Board and an a~?~_~an~
at this pazt~cula_ hca .... g. ~ ..... ~oyc~ has personally ,~w~
the premises and he is ~ ~
. d~ to a~ ~' '
this premises Which w~ ~,~ ne~ ~.~y ove~ look
point. Merely because ic [~ ~n accessory building in the
side yard area. We ~ ~r,- _ ,_~ ..... Mr- ~-e~ for your
testimony.
MR DOYEN: My pleasure H~
CHAIRMAN GOEHRINGER: We ....., u~ chat you have come a 'z~h9- w~y
~oz this. Hearing no~s'~'+~,~.~... sk~estions. Is thence a~f~,~-~'~-~,~" in
the =us~ence tha= would ~ ~kn ~., speak =~=n=t this
application? Anybody ~ ~ ....
.......... up~3dk in favor of the
n"'t~t~o~t? Seeing n~ hanes i .... '" a
,~a .... u reserving decision ~,i-~7
Ail in favor - AYE.