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HomeMy WebLinkAboutZBA-06/11/1981 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN. JR. T-E-~ RY- T-U-T-14 ~-L4= ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING JUNE 11, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, June 11, 1981 at 7:15 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Serge Doyen, Jr.; Gerard P. Goehringer; Joseph H. Sawicki. Absent was: Robert J. Douglass , until 7:42 o'clock p.m. The Chairman opened the meeting at 7:15 o'clock p.m. PUBLIC HEARING: Appeal No. 2828. Application of Edward P. Bertero, 1240 Inlet Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of Insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-6. The Chairman opened the hearing at 7:18 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR CHAIRMAN: We have a survey of the property and a section of the County Tax Map showing this property and the surrounding properties. Is there anyone here who wishes to speak for this application? WILLIAM J. CLARK: the petitioner. MEMBER GOEHRINGER: WILLIAM J. CLARK: My name is William J. Clark; I am representing Would you speak into the microphone? I am representing the petitioner and I ask Southold Town Board of Appeals -2- June 11, 1981 that you grant the petition on the grounds that granting the petition would not change the character of the neighborhood as it will conform to the'original development of the site and as he has pointed out in his application that if it is not granted it will have no economic value and become worthless as far as he is concerned. We respectfully request that you do grant the request. MR CHAIRMAN: Thank you. Is there anyone else to speak for it? Anyone to speak against it? Do any Board members have any question? I'll offer a resolution closing the hearing and reserving decision. MEMBER SAWICKI: Second~ On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the hearing be declared closed, Appeal 2828. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer and Sawicki. (Mr. Douglass was absent.) At this point, Mr. Goehringer left the meeting hall. On motion by Mr. Gr±gonis, seconded by Mr. Sawicki, it was RESOLVED, that the minutes of the Regular Meeting of this Board held April 2, 1981 by approved. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Sawicki. (Messrs. Goehringer and Douglass were absent.) On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the minutes of the Special Meeting of this Board held April 16, 1981 be approved. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Sawicki. (Messrs. Goehringer and Douglass were absent.) On motion by Mr. Gr±gonis, seconded by Mr. Sawicki , it was RESOLVED, that the minutes of the Regular Meeting of this Board held April 23, 1981 be approved. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Sawicki. (Messrs. Goehringer and Douglass were absent.) ~outhold Town Board of ~ppeals June 11, 1981 At this time, Mr. Goehringer returned to the meeting hall. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the minutes of the Special Meeting of this Board held May 4, 1981 be approved. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer and Sawicki. (Mr. Douglass was absent.) On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the minutes of the Special Meeting 6f this Board held June 1, 1981 be approved. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Goehringer and Sawicki. (Mr. Douglass was absent.) PUBLIC HEARING: Appeal No. 2827. Application of Anna L. Bertero, 955 Inlet Drive, P.O. Box 977, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of in- sufficient area of three proposed parcels known as Capt. Kidd Estates Subd. Lots 74, 75 and 76, Filed Map #1672; also known as 955 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-8 and 14. The Chairman opened the hearing at 7:31 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to ad- joining property owners was made; fee paid $15.00. MR CHAIRMAN: We have a survey and a section of the County Tax Map showing this and the surrounding properties. Is there anyone here who wishes to speak for this application? WILLIAM J. CLARK: Yes, I am representing the petitioner, and I also request that you grant the variance. In subdividing the property the remaining two lots will be almost three times as large as the lot that's facing on Summit Drive, which has the approved (remainder of statement was inaudible). It will not change the char- acter of the neighborhood and will conform to the original design of the development. I urge that you grant the variance. MR. CHAIRMAN: Thank you. Is there anyone else who wishes to speak for it? Anyone to speak against it? ROBERT PIKE: My name is Robert Pike; I'm an attorney in Riverhead with the firm of Twomey, Latham & Schmitt. We represent Mrs. Rossi, who, if you look at the map of the Captain Kidd Estates, owns Lot 9 73 which is immediately to the north of the two lots that they're Southold Town Board of~ppeals June 11, 1981 asking to subdivide away. I don't ask specifically that you deny the application; Mrs. Rossi's concern is this--if you stand on lot number 73 and walk south you will descend a very, very large number of steps. There is a hill there, and that hill is partially held there by a re- taining wall, but it is also partially held there by a continuing incline on the northern half of lot 74, which provides lateral support to hold the whole piece of land that comprises lot 73 and allows it to hold there. Our specific request is that any grant of a variance would specifically require that there be a thirty foot setback from the property line so that her right to lateral support would not be in any way overcome by a decision of this Board. That is our specific request and the reason that I rise tonight. Just one thought, I'm not a surveyor, but it might be that an alternative method for the applicant to proceed in this case would be to consider dividing the lot in half thereby lessening the pressure to build closer to the hill, also lessening the area problems that they are currently being faced with. Again, I don't know whether that would specifically solve their problem but it would seem to lessen it. That's j~ust a thought. Again, our particular request is that there be a setback of thirty feet away from the property line so that the retaining wall of the hill that holds Mrs. Rossi's property up is not interfered with. Thank you. MR CHAIRMAN: Thank you. Is there anyone else to speak? MEMBER GOEHRINGER: Mr. Pike, concerning the area of discussion which is the retaining wall, we do have pictures of the property from the back of Mrs. Zaenker or Mrs. Bertero's garage. I do not have a copy. The night we were there, it was ]ust about to rain, and we do not have a copy of the retaining wall, but we all did see the retain- ing wall so we are aware of your request. Okay? ROBERT PIKE: Very good. Thank you. MR CHAIRMAN: We have some color pictures. ROBERT PIKE: Terrific. MR CHAIRMAN: I'll offer a resolution closing the hearing and reserving decision. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed, Appeal 2827. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Geohringer and Sawicki. ( Mr. Douglass was absent.) Mr. Douglass arrived at 7:42 p.m. Southold Town Board of'.~peals -5- ~ze 11, 1981 PUBLIC HEARING: Appeal No. 2826. Application of Herbert Hoffman by Mrs. Jules Adriaenssens, Box 76F, R.R.~2, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insufficient front and rear yard setbacks at Smith Drive, Southold, NY; also known as Goose Neck Subd. Lots 106, 107, 113 and part of 114, Filed Map #1663; County Tax Map Item No. 1000-76-2-34.1. The Chairman opened the hearing at 7:42 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR CHAIRMAN: We have a section of the County Tax Map showing this and the area surrounding this property and we have a survey of the property itself. Is there someone here who wishes to add or say something for the application? MRS. JULES ADRIAENSSENS: I'm Mrs. Jules Adriaenssens and I made the application for my husband who will be the builder. Mr. and Mrs. Hoffman are here as well. If you look at the survey you will see it's just a very small portion that we really run into that backyard prob- lem, just the shape of the property. I thought I'd just say that Mr. Hoffman has owned the land for many years and he and his wife would like to build a house there to retire. If there is any questions. MR CHAIRMAN: Is there anyone else to speak for this? Anyone to speak against this? BOB GRIMM: My name is Bob Grimm. I'm one of the owners of the house immediately behind this parcel. I'm not necessarily here to speak against, but I don't know how else to make the points that I need to make. I came to the Town Hall and looked at the documents that are here and there are a number of things that don't seem to make a whole lot of sense to me. This variance that's being requested is sixteen feet from what is the rear property line of our property, which is a parcel 67 by 100. The rear of our house, the bedroom in the back, is, I have not been able to measure it, but I approximate it as about twenty to twenty-five feet from that line, which means that the house would be very close to our house, and yet there is a very large parcel of land that's involved here, and we find it difficult to understand why, with all of the square footage, it's necessary to put a house up that comes within sixteen feet of our line right where our house is. A couple of points that I couldn't under- stand in looking at the documents--the only diagram that was in the record is a survey and on the survey;'is drawn in an L shaped house in pencil, but when you look at the other document that's there which is, I guess, the Buitding.'Inspector's report it says that the house will be something in the nature of 50 feet by 50 feet or very close to that which is a square rather than an L shape, and, in addition to that, the original survey shows the well and the cesspool being lo- cated up in the front of the land, near Smith Drive North, but those were crossed out in pencil on the documents in Town Hall here and Southold Town Board of~ppeals -6- o~ne 11, 1981 something else was sketched in which looked like it was right at the very back of the house in that 16 foot stretch between the rear of the house and the line. I'm not quite sure of that. I guess the major point that I'd like to make is that we don't object to the people being able to build on their land; it's their land and they have a right to build. But we couldn't understand the need to position the house in such a way that there's a 45 foot setback on the side from the next parcel of land to the east, but only 16 feet from where there is no house located, by the way, and only 16 feet from the rear of the parcel where there is a house located. It just didn't seem to make sense;from what the documents that were available we could not tell where a garage was going to be or where the front door was going to be or anything else about how the house was going to be located. Our only request, I guess, is that we could have some of these points cleared up. Perhaps this could be recessed until we could get a more specific diagram or architectural drawing or something of that sort that would help us to see why the house had to be located so close to US, MR CHAIRMAN: Thank you. Can you answer? MRS. JULES ADRIAENSSENS: I can answer some of them. MR. CHAIRMAN: Whatever you could. MRS. JULES ADRIAENSSENS: Can I answer them from here? Do I have to stand up? MR. CHAIRMAN: Well, we could hear better, maybe, if you spoke into that over there. MEMBER GOEHRINGER: We're taping this, that's the purpose of (the rest of statement was inaudible.) MRS. JULES ADRIAENSSENS: The crossed out, about the well and cesspool, that was the Board of Health. Originally when the Hoffman's had the plans drawn up for the house, the architect put on there where he thought the well and cesspool should be, but when I went to the Board of Health in Riverhead, they said they can't be there because of where some other people have. it, so they moved them , and where they are now is where the Board of Health said I have to have them. That L shaped house is, you looked at a survey that is very, very old and it's not an L shaped house and so that's (section of statement was inaudible). There's no 45 foot on one side. I don't know. BOB GRIMM: Ail I could look at was what was in Town Hall records. MRS. JULES ADRIAENSSENS: I wish you would have called us because I could have showed you, you know, I have it. I don't know what you're supposed to do on this. I have the stuff here. MEMBER GOEHRINGER: Could you bring it up to us? MRS. JULES ADRIAENSSENS: I think you have it too. Southold Town Board et Appeals -7- June 11, 1981 MEMBER GOEHRINGER: We show an L. (Mrs. Adriaenssens brought her copy of the survey to the Board members. Mr. Grimm approached the dias to see the survey. The next statements refer to building plans of the applicant which were not provided to %he secretary for reference at the time of testimony.) MEMBER GOEHRINGER: We're showing an L though. MRS. ADRIAENSSENS: Well, yeah, it is kind of an L. This is the garage. MEMBER GOEHRINGER: What this gentleman is alluding to is the fact that the L's pushing the thing back so far to the rear of the property. Okay? MRS. ADRIAENSSENS: Well we had to come over this way to get the cesspool. (Remainder of the statement was inaudible.) MEMBER GOEHRINGER: This is what I assume you have seen, right? BOB GRIMM: Yes. (At this time, Mr. & Mrs. Adriaenssens, Mr. & Mrs. Hoffman and Mr. Grimm discussed the survey and placement of the house with Board members.) MRS. ADRIAENSSENS: This is the 30 foot se%back that we were asking for to go back from the front of the house. MEMBER GOEHRINGER: Right. MRS. ADRIAENSSENS: We couldn't move it any other way, see the house runs roughly 53 feet square, and no matter how we put it, this was the only way we could get it where it was just ~hat little bit close. 'Cause we go through all the way here, but there was just no other way. We tried everything. MEMBER GOEHRINGER: There's no way of shortening up on this L at all? MRS. ADRIAENSSENS: No. MEMBER GOEHRINGER: Oh. This is the garage. The garage is here and this is the living area of the house here? Oh. I see. MR. ADRIAENSSENS: They want to face the water. (Remainder of statement was inaudible.)...This gentleman knows the area. The only thing is the garage, there's no other way they could put it without coming into the bedrooms from the garage and you don't want to come from your garage into your bedroom. .iMRS. ADRIAENSSENS: They've had the property for a long, long time and they've had this house planned in their head for a long, long time and then they went to the architect and he made up the plans, never really trying to get it on here. There is just no other way, believe me. You don't know how many times we've done it. This was the, like, you know, to make it look the nicest. If you go up any ~outhold Town Board of~ppe~ls 8 June 11, 1981 further than this, frontwise, you,re not going to be able to get i~ here, okay? And you can't go over this way any more because the Board of Health wants the cesspools there, and we had plenty of room here, and we thought it looked the best, and would keep everybody the happiest this way. It was the only way we could come up with. MEMBER GOEHRINGER: Do you have any suggestions, Robert? BOB GRIMM: Our house is an L as well, and it runs, the broad part of the house faces the street, and the narrow part comes back like this and it runs right back here to where they're within 16, 20 to 25 feet or whatever it is of the line so we're going to be. MRS. ADRIAENSSENS: Here there will only by 16 feet and here there will be 25 feet between, so you'll have 41 feet between here and here, but it's only a small area of their house. MEMBER GOEHRINGER: There's no other way; you couldn't move the houSe over this way because the Health Department wants the well and cesspools over there. MRS. ADRIAENSSENS: There. They said they have to be there. As it is we got them to. BOB GRIMM: Originally they were up here. MRS. ADRIAENSSENS: Yeah, but they wouldn't let them be there. See, this red stuff is the Board of Health. They said we can't be- cause somebody else's pool is here. And they weren't on the original survey, but they are here now, so they said what we can do-- put the house here, and then we could take one (word was inaudible) and put it here because they have to be five foot from the foundation of the house. SECRETARY: What about putting the pools back here? MRS. ADRIAENSSENS: No, we couldn't because these ~are affected. That was the only place they said we could put them. MEMBER DOUGLASS: Who owns these? MRS. ADRIAENSSENS: The Hoffman's do, That will just be vacant land that they'll ~se, you know. MEMBER DOUGLASS: They own this. Do they own this? MRS. ADRIAENSSENS: No. MR.CHAIRMAN: Just these two. MR. GRIMM: Three lots and a half a lot here. MRS. ADRIAENSSENS: But see, this comes in the same, you know, there's just, you keep ending up in the same crazy shape. MEMBER DOUGLASS: Why can't these be put over here? Southold Town Board of ~ppeals -9- -~ June 11, 1981 MRS. ADRIAENSSENS: What? The pools? The Board of Health said no. MEMBER DOUGLASS: They can't be put on this lot? MRS. ADRIAENSSENS: No, because apparently where these two houses have their pools and wells make it that there's a'house here and a house here and'that because of those, I don't know where they are. (At this time there was more than one person speaking.) MRS. ADRIAENSSENS: I honestly don't know why, it's just that I do know that they told me that was it. JOHN CARWAY: You realize that's just a lot and a half. MR~ CHAIRMAN: Yeah, we see that. SECRETARY: We need a few names here. May we have your name for the record please? JULES ADRIAENSSENS: Jules Adriaenssens. .SECRETARY : Okay, and your name please? JOHN CARWAY: I'm John Carway, co-owner of the house with Mr. Grimm. Mr. Chairman, I'd like to just make one additional comment, that when we first saw the, what appeared to be the size Of the house, it seemed to be a very, very large imposing structure to our (word was inaudible) which was why we came down, and, taking a look at all of the other houses in the area, I think the house next door, as I was able to pace it back, appeared to be somewhere about thirty foot, the setback appeared to be about the same, but the rear setback was considerably less, so the other houses seem to be, you know, smaller. We haven't seen any of the other drawings but the. MEMBER GOEHRINGER: Do you have a drawing of the house, a sketch of the house? JOHN CARWAY: The other thing that we heard, the way the land is situated, I guess you call it topographically, it that that land is higher, and it comes down to a slope, all the way down to the end, to the tip, which is the beach (remainder of sentence was inaudible.) Again, I'm not an environmentalist or anything else but it would seem that that kind of controls the water situation for all land that's below and beside that and I don't know exactly what the effect of foundations and walls and everything else would have. I'm not simply objecting to that I just want to ask the questions that the. (At this time there was more than one person speaking.) JULES ADIRAENSSENS: See, this is the part, this garage here determines the difference in your front and your back and to put the garage over here, you don't want to walk throug~iyour bedrooms. I'll give you another. Southold Town Board of kppeals -10- June 1t, 1981 MEMBER GOEHRINGER: Just before you put that away, this couldn't be put here? Could it? JULES ADRIAENSSENS: Yeah, but what they want to do is to see the water. This is the water down here, this land would verify that, and the water here, so when they look out their kitchen, which I'll show you on the other plans, they can see the water. See, they got a porch back here which faces the water. Taking this garage, and putting it here, you would have to come in the bedrooms. MEMBER GOEHRINGER: Alright. JOHN CARWAY: This is a deck? JULES ADRIAENSSENS: Yeah, that's a deck out there. JOHN CARWAY: That's beyond that other side here. JULES ADRIAENSSENS: Yeah, this here. JOHN CARWAY: That sticks out in addition to (remainder of statement was inaudible.) MEMBER GOEHRINGER: Would we gain anything if they stuck the garage here, up to the edge of the deck? JULES ADRIAENSSENS: Set the garage back here you would, you gain- MEMBER GOEHRINGER: No, no. This way. Vertically- MRS. JULES ADRIAENSSENS: Then we have worse problems with depth. JULES ADRIAENSSENS: Then we have worse--you have the depth coming into there. Then I have less room from frontage. MRS. JULES ADRIAENSSENS: Yeah, then we're stuck with worse thirty and . seventeen. Believe me, you don't know how many nights we tried- (At this time there was more than one person speaking.) JULES ADRIAENSSENS: The only way would be, the suggestion isjtake, I told Mr. Hoffman, is to try to bring it here, but then it would off- set the look of the house. MRS. JULES ADRIAENSSENS: This is what they've wanted for so long, you know? MEMBER DOUGLASS: Why cannot you take--this is what you've got for the design of the house. JULES ADRIAENSSENS: That's right. It's just like this here. MEMBER DOUGLASS: Alright, you'd have your kitchen and stuff over here, but there's no reason you can't redesign and put it over here. JULES ADRIAENSSENS: Yeah, but they want to look at the water. Southold Town Board of Appeals -11- ~une 11, 1981 MEMBER DOUGLASS: Wait a minute, and turn this house so that you use this for your entrance off of South Drive, coming in here, so that you set in this angle here. MRS. JULES ADRIAENSSENS: You mean so that his driveway, wo~uid be through here? MEMBER DOUGLASS: Yes. MRS. ADRIAENSSENS: But then every winter when it snows he's got to shovel a hundre~ and some odd feet to get to the road. MEMBER DOUGLASS: Oh- MRS. ADRIAENSSENS: For one thing. MR. ADRIAENSSENS: And for another thing, he's (remainder of statement was inaudible.) MEMBER DOUGLASS: No, I say you change that, you would move your rooms and put the rooms you want to face the water over here 'cause that would be the part that would be facing the water and this would be down in here. MRS. ADRIAENSSENS: MEMBER GOEHRINGER: I don't get that. Flipping the whole house right around. (At this time there was more than one person speaking.) BOB GRIMM: Is it possible that the frontyard variance can be. MEMBER GOEHRINGER: BOB GRIMM: Reduced. MEMBER GOEHRtNGER: Reduced? Not less than thirty feet, it's not likely. I'm talking as an individual, not as a member of the board. MR. CHAIRMAN: We have to check the three hundred feet either way to see what the setback MEMBER GOEHRINGER: I think what you have to give us is a little bit, somewhere along the line, because sixteen feet is a substantial rearyard variance. MRS.ADRIAENSSENS: We tried to do that; to go for less than thirty. I measured it; I couldn't do that either. BOB GRIMM: Could I ask what the elevation of the house is going to be in the back where that friction is going to be here? How high up from the ground the dimension or, I assume, the ground level on here? (At this time, more than one person was speaking.) BOB GRIMM: And then the house itself is going to be how high? Southold Town Board of ~ppeals -12- June 11, 1981 MEMBER DOUGLASS: MR. ADRIAENSSENS: MEMBER DOUGLASS: MR ADRIAENSSENS: the top of that. MEMBER DOUGLASS: MR. ADRIAENSSENS: MR.ADRIAENSSENS: Just a typical ranch type. MR. CHAIRMAN: Fifteen feet? MR. ~DRIAENSSENS: Here it is here--elevation (word was inaudible) the foundation, so we're talking eight foot plus (remainder of statement was inaudible.) MEMBER DOUGLASS: No, it's more than that, that's not 'til you peak. MR ADRIAENSSENS: 'Til you peak, (remainder of statement was in- audible.) What's the pitch? Four and a half? Yeah, four. Four to one? Yeah. Four twelve. So you got four foot to Or a little more. And eight, and about a foot to here and a foot to that, the grade. You've got pretty near fifteen feet to the MEMBER DOUGLASS: peak. MR. ADRIAENSSENS: MEMBER DOUGLASS: Right. The top of the peak. (More than one person was speaking at this time.) MEMBER GOEHRINGER: that sketch? MRS. ADRIAENSSENS: MEMBER GOEHRINGER: Do we have any reason to have a copy of Yeah, they have a set of plans. Do we have a set of plans? SECRETARY: Building plans? No, in the BOard of Appeals file we don't. MRS. ADRIAENSSENS: I can give you one. I think that maybe they don't have an extra one. MEMBER GOEHRINGER: If not we can give it back to you and copy just what we need out of it. MRS. ADRIAENSSENS: Okay? MEMBER GOEHRINGER: Let me give you a set that doesn't have a seal. Okay. ~outhold Town Board of ~ppeals -13- June 11, 1981 (Mrs. Adriaenssens brought a set of building plans to the dias to be entered into Appeal file 2826.) MEMBER GOEHRINGER:~ Thank you very much. MR. CHAIRMAN: Does that answer any questions? MR. GRIMM: Well, I certainly don't know what the answer is but we appreciate the . MRS. ADRIAENSSENS: If there were any way that we could come up with ho~nestly changing it, you know, that was the way it looked best on the land, the way the Board of Health was only willing to go along with it and the way that we got the least amount of footage, you see, on your particular property. Yours was the one that we kept, you~know, trying to .. MR.ADRIAENSSENS: Back 'away from. MR. GRIMM: The one that happens to be the most on you, I know. MRS. ADRIAENSSENS: And it's a shame because next to you is all that land that they own, but that doesn!t help us. There's no way to do it. MR. CHAIRMAN: Anyone else have anything that they want to bring up on it? BOB GRIMM: Is it possible to recess it and see what we can do? Exactly, I don't know what's open to us to do. MR. CHAIRMAN: How much of a hurry are you to get going with this? I suppose, yesterday. MRS. MARIAN HOFFMAN: We've been anxious. CoSts keep going up. MR. CHAIRMAN: I know. MR. CARWAY: Is it possible that we could , you know, maybe.take a half an hour, and you know, go outside or talk. having just been presented with the plans, I did try to call M~s. Adriaenssens on one occasion, andl I didn't get an answer. (At this time the tape was replaced. The recording resumed with the following:) MR. CARWAY: Maybe we could come up with some sort of combination. MR. CHAIRMAN: Well, we were trying the idea up here to that, maybe, either recess this or hold it off for a few days, we're going to have a special meeting sometime next weeki,~ and everybody get together down there and take a good look and see what could be done with it, if there~!~s anything that could be done. MR. CARWAY: I don't want to unreasonably delay the Hoffman's from bUilding. We want to be good neighbors; we,re not trying to stop them from building a house. Now is the time to resolve any difficulties, you Southold Town Board of-~peals -14- June 11, 1981 know, or else forever we... MR. CHAIRMAN: Yeah. BOB GRIMM: Monday or Tuesday of next week, which would be fine with us, if that's what you're thinking. MEMBER GOEHRINGER: Certainly if we recess it until July 9, it's too far in the future right? MRS. MARIAN HOFFMAN: Oh yes. MRS. ADRIAENSSENS: Cause I can't get any contractors to lock in, you know, you know how... MR. CHAIRMAN: Can any of you fellows be available sometime... MEMBER DOYEN: Charles, what!s your name (Mr. Carway), probably wanted only a half an hour more tonight, if we could reach-- MEMBER GOEHRINGER: Oh sure. MEMBER DOYEN: After the last hearing tonight, would give you an hour or two to look at it tonight. MR. CHAIRMAN: We'll recess this right now. (At this time more than one person was speaking, and individual voices were impossible to discern.) MR. CHAIRMAN: I'll offer a resolution recessing this for the time being, until the end of the hearings, then we can do something. Okay? MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared recessed until the end of the hearings, Appeal 2826. Vote of the Board: Goehringer, and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, PUBLIC HEARING: Appeal No. 2829. Application of Susan C. Trentalange, 124 Cherry Valley Avenue, Garden City, NY 11530 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck with insufficient front yard setback at 90 Haywaters Road, Cutchogue, NY; also known as Nassau Point Subd. Filed Map 9156 Lot 272; County Tax Map Item No. 1000-111-2-4. The Chairman opened the hearing at 8:13 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. SOuthold Town Board of ~ppeals -15- ~ June 11, 1981 MR. CHAIRMAN: We have a copy of the County Tax Map showing this property and property surrounding it; we ha~e a survey, or map of the property Showing the house and the proposed sun deck. We were a little confused, it says existing deck on one side, proposed on.~the ~ther, when we were down there, it looked like it was all there. Anyone here to speak for this application? SUSAN TRENTALANGE: I'm Susan Trentalange. We did proceed with the deck. We did not know that we needed a permit for it and when Mr. Hindermann notified us of that fact we came and followed the procedures that we were~told were necessary, and we don't feel that it affects the neighborhood at all; it's much safer for the children. There a quite a few children in the Fisherman's Beach area and the number of children we have, most of them tend to flock to our yard, and there's.a road in front of the house, and it's much easier if we have som~i.place for them to, so to speak, hang out rather than the middle of the road. If you have any questions, I'll be happy to answer them. MR. CHAIRMAN: Thank you. Anyone else to speak for it? Anyone to speak against it? Any members on the Board have some questions they'd like to ask? MEMBER SAWICKI: Yes, was there a contract on that or- SUSAN TRENTALANGE: No, it was done by one of my husband's relatives. But it was built, you know, for his family and specifications. MR. CHAIRMAN: Anyone else? ~I'll offer a resolution closing the hearing and reserving decision. MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it Was RESOLVED, that the hearing be declared closed, Appeal 2829. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2830. Application of Keith and Arden Scott McCamy, 76375 Main Road, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100'-32 for permission to build garage in sideyard area at 76375 Main Road, Greenport, NY; bounded north by Levine, Mazzaferro and Corwin; west by Union Free School Dist. No. 10 and Mazzaferro; south by Main Road; east by Levine; County Tax Map Item No. 1000'48-1-2. The Chairman opened the hearing at 8:22 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. Southold Town Board of<~ppeals -16- '" June 11, 1981 MR. CHAIRMAN: We have a section of the County Tax Map showing the area, we have a survey of the property showing the location of the prop- osed garage. Is there anyone here to speak for this application? ARDEN McCAMY: Arden McCamy,.to speak for my application. The only thing on the drawing there, when the Board came, they mentioned that I had actually drawn it a little forward of the house,-which technically puts it in the frontyard but I don't mean it that way, so it would be actually built where the line is, where Mr. Douglass pointed out to me taking a line from the front of the house, would be in back of that. in the sideyard, which in case there's confusion on that. So it would be set back further from th~ road about ten more feet. MEMBER GOEHRINGER: When you say from the front, you~%~e talking about from the front porch. ARDEN McCAMY: Yes, or the corner of the house, it, ten feet either way makes no difference, whichever falls within the technicality of keeping it in the side yard. The porch is only about five feet wide, it's only a matter of five feet, whether I keep it. . whichever (word was inaudible) is technically correct. MEMBER GOEHRINGER: Thank you. MR. CHAIRMAN: Thank you. Anyone else to speak for it? Anyone to speak against it? Any questions? So the intentions are to set the front of the garage on the same line as the front of the' house. ARDEN McCAMY: Right. (Remainder of statement was inaudible.) MR. CHAIRMAN: I'll offer a resolution granting this as applied for providing that, stipulating that the front of the garage be set in line with the front of the house. MEMBER DOUGLASS: Not the porch. MR. CHAIRMAN: Front of the house. MEMBER DOUGLASS: Yeah, not the porch. MR. CHAIRMAN: Right. MEMBER DOUGLASS: Seconded. Southold Town Board of Appeals -17- June tl, 1981 The following resolution was unanimously adopted: By this appeal, appellants seek permission to construct accessory~building (garage) in the westerly sideyard area with a sideyard setback of approxim'ately 15 feet. The premises con- rains an area of approximately 1.95 acres; and existing on the premises is a two-story frame house with two porches, set back approximately 80 feet from Front Street. The Board agrees with reasoning of applicants. The Board finds that the relief requested is not substan- tial in relation to the Code requirements; that the relief would not change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any increased population; that the hardship/practical difficulty is unique; and that the interests of justice will be served by granting the relief requested in this application. On motion by Mr. Grigonis, seconded by Mr. Douglass, it wa s RESOLVED, that Keith and Arden S. McCam¥, 76375 Main Road, Greenport, NY be granted a variance to the zoning ordinance, Art. III, Sec. 100-32 as applied for and SUBJECT TO THE FOLLOW- ING CONDITIONS: (1) That the subject garage be in line with the front of the existing house, but not the front porch; (2) That there be a minimum westerly sideyard setback of 15 feet; (3) That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter. Location of Property: 76375 Main Road (Front Street), Greenport, NY; bounded north by Levine, Mazzaferro and Corwin; west by Union Free School District No. 10 and Mazzaferro; south by Main Road (Front Street); east by Levine; County Tax Map Item No. 1000-48-1-2. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. Messrs. Doyen, Douglass, Goeh- Southold Town Board off, peals -18- June 11, 1981 PUBLIC HEARING: Appeal No. 2831. Application of Frank J. Abbadessa, 14 Walden Place, Great Neck, NY 11020 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to con- struct addition to dwelling with insufficient sideyard area at 1200 Maple Lane & 55' Snug Harbor Road~ Greenport, NY; Cleaves Point Sec. II Subd. Filed Map ~3521, Lot 40; County Tax Map Item No. 1000-35-6-1. The Chairman opened the hearing at 8:30 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map showing this property and the adjoining properties in the area; we have a sketch of the area or a map of the property rather, showing the existing house and the area where th~ proposed garage would be put on. Is there anyone here to speak for this application? FRANK ABBADESSA: I'm Frank Abbadessa. I took the liberty of preparing a couple of drawings to show why I require a variance. I laid out, I hope you can see these, I laid out- MR. CHAIRMAN: Yeah. FRANK ABBADESSA: I laid out a garage; this is the back side view of the property, this is the back, this is the living area. If I con- struct a garage in this location within the ordinance, it will block off approximately 35 percent of my view from back here. To construct a driveway off Snug Harbor Road, it would mean cutting down all these trees and this beautiful 20 inch weeping willow tree. The angle of the driveway would be very difficult to get into this garage. It would also necessitate taking down the storage shed, which is the only storage I have. There's no basement in this house. The other lay-out, staying within the ordinance, that is ten feet from the side- yard and thirty-five feet from the road, would put the garage this way, which would block off about 50 percent of the view, and just taking down a couple of shrubs here. Of course, this would just des- troy the whole back part of it. Now this, is the lay-out of the garage I propose with the breezeway. I'm asking for a three foot variance off the sideyard, by the, in other words, you require ten feet, I'm asking for seven feet. The reason I'd put a breezeway in is that the master bedroom is ~n this corner. This is the master bedroom in this corner. There's a window here and a window here. If I understand correctly, the code requires the residents, that when you have a bed- room, you must have a window or light equal to ten percent of the floor area. The floor area is 144 square feet. The glass area of one window 10 square feet so if I block off this window, putting the garage against the house, I'll have an illegal bedroom, and the breezeway,will, of course, will allow exit from this kitchen out to the yard and the, giving light into the bedroom. So I hope you grant my request to have a se~en foot sideyard instead of three feet (remainder of statement was inaudible). If I don't have that I can't build a garage, and if I can't build a garage, I can't appreciate the full value of my capital investment in this property. Thank you. Sir. Southold Town ~oard of~ppeals -19 June 11, 1981 MEMBER DOUGLASS: To come into this garage from Maple Lane, the way you are now suggesting, on that last one, the way you suggest coming into Maple Lane, does that not involve one of Maple Lane's big trees? FRANK ABBADESSA: No. MEMBER DOUGLASS: And one on your property? FRANK ABBADESSA: There's a tree, the tree that's on my property now is dead, it's half dead. It has to come down anyway. It's a small tree. There's a tree in this corner on Maple Lane that won't be affected. MEMBER DOUGLASS: It's down farther than that. FRANK ABBADESSA: Well, it's beyond my property line. Beyond my property[ line. I checked that out. The next tree is somewhere down here. I didn't show the trees here, but this tree ~would not be affected; this tree will be, and it's coming down anyway. It's just not a good tree. But the tree that's over here, this is a beautiful tree and it would be a shame to cut this one down. But this will keep the integrity of the house, and keep the desire of the house, add to the house in fact. It will be built and designed to match the existing house. MEMBER GOEHRINGER: Is there any possibility, Mr. Abbadessa, about making the breezeway a little bit smaller? In reference to three foot six? FRANK ABBADESSA: No, t thought of that. The house has a two foot overhang,:~and the garage will have a one foot overhang, and that, if I make it smaller that will block off the lighting from that bedroom. MEMBER GOEHRINGER: Oh, I see. So in other words the garage and the house won't be attached. FRANK ABBADESSA: Right. MEMBER GOEHRINGER: There'll be a three--there'lt be a hip roof. FRANK ABBADESSA: It'll be separated. MEMBER GOEHRINGER: It'll be separated rather. There'll be a hip- roof on the garage then also. FRANK ABBADESSA: Right. It will be very similar to the house. The house has the hip ~roof, this will have a gable roof. MEMBER GOEHRINGER: I can't see it. I can just barely see it from here. Oh, I see. Okay, now I can see it. MEMBER DOUGLASS: It's straight gable. Southold Town Board of 3peals -20- _. June 11, 1981 MEMBER GOEHRINGER: Yeah. FRANK ABBADESSA: See? Like if the garage wo~td-bei.%oo short to make it a hip roof like the house. I hope to do that, but, with the breezeway and the shortness of the house, ( the remainder of the statement was inaudible.) MEMBER GOEHRINGER: So you say that the- FRANK ABBADESSA: But I'm having an overhang- MEMBER GOEHRINGER: Right. FRANK ABBADESSA: On the garage which will be half the size of the overhang of the house because of the scale. MEMBER GOEHRINGER: So basically between the house and the garage you'll have a three foot overhang. Two foot on the house, one foot on the .... FRANK ABBADESSA: Two--yes, two foot on the house, and two feet, one foot on the garage and the space between the two roofs will be approximately a foot and a half, roughly. And when the house is set back, about three feet from this line of the house, the garage is set back, so the light will come into the bedroom. So I could go out, but it would block off the light into that bedroom in here. This breeze- way is set here to pick up the back door (remainder of statement was inaudible.) See, this is the back door of the kitchen. I can't move that door because of the counter across here, so this breezeway picks up the door, faces out this way, through our entrance this way. This way, you know, it will keep the house, fine, I can keep my shed, which I really need for storage because I have no basement. MEMBER DOUGLASS: What's the measurements on that garage? FRANK ABBADESSA: It's 22, 10 and the inside is roughly 13 feet. Roughly, I'm not - MEMBER DOUGLASS: Thirteen feet wide and twenty-two ten long? FRANK ABBADESSA: Yeah. (At this time more than one person was speaking and individual voices were impossible to discern.) FRANK ABBADESSA: 'Cause I've got twenty, twenty five, here. MEMBER DOUGLASS: What's the length of the peak on your hip, on your house? FRANK ABBADESSA: You mean with, from here to here? MEMBER DOUGLASS: Between hips. FRANK ABBADESSA: Gee, I don't know. I really don't know. I don't...I don't have the dimensions on. Southold Town Board of 3peals -21- June 11, 1981 MEMBER DOUGLASS: FRANK ABBADESSA: MEMBER DOUGLASS: FRANK ABBADESSA: Is that to scale? Yes, you got a scale? I don't have a scale. No, I don't have a ruler with me. This, this, the width of the house is roughly twenty-two feet, the living area. MEMBER DOUGLASS: FRANK ABBADESSA: MEMBER DOUGLASS: FRANK ABBADESSA: MEMBER DOUGLASS: FRANK ABBADESSA: This is the whole- Yeah, but what I'm after is the- From here to here? Yeah, on this one, right there, from hip to hip. Oh, here? Right there, yeah. Yeah. I say, t think, I think the (remainder of MEMBER DOUGLASS: FRANK ABBADESSA: MEMBER DOUGLASS: FRANK ABBADESSA: MEMBER DOUGLASS: go from that one, FRANK ABBADESSA: statement was inaudible.) No, not that. Here? Yeah. Across here? Yeah. Just goes from them two points; it doesn't It's twenty, twenty-eight feet. This picture will give you an idea of what it looks like. MEMBER DOUGLASS: Oh, I know what it looks like. FRANK ABBADESSA: I'd like to make the garage the same as this; I'm afraid that its not long enough. (Remainder of statement was not audible.) You see, the other, I need this access down to the crawl space to get down underneath the house and throw all my (remainder of statement was inaudible.) MR. CHAIRMAN: Thank you. FRANK ABBADESSA: Okay? MR. CHAIRMAN: Thank you, Mr. Abbadessa. Is there anyone else to speak for this? (THERE WAS NO RESPONSE.) Anyone to speak against this? (THERE WAS NO RESPONSE.) Southold Town Board of<~Ppeals -22- June 11, 1981 MR. CHAIRMAN (CONT.): Do you fellows have any further questions? MEMBER SAWICKI: No. MEMBERGOEHRINGER: No. MR. CHAIRMAN: I'll offer a resolution closing the hearing and reserving deciSion on this. M_EMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the hearing be declared closed, Appeal 2831. Vote of the Bdard: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. (Mr. Abbadessa offered four plans to the Board to use to make copies and to be returned to him.) Mr. Grigonis abstained from the hearing of Mobil Oil Corporation (and left the meeting room until the following hearing) and requested that Member Goehringer act as Chairman in his place. PUBLIC HEARING: Appeal No. 2832. Application of Mobil Oil Corp., 464 Doughty Boulevard, Inwood, NY 11696 for a Special Exception to the Zoning Ordinance Art. VII, Sec. 100-70B & Art.~ XI, Sec.100-118E for permisSion to replace existing nonconforming tanks at the S/W corner of Main Road & Youngs Avenue, Southold; bounded north by S.R. 25; west by Frohnhoefer; south by Sullivan; east by Youngs Avenue; County Tax Map Item No. 1000-61-4-23. Member Goehringer opened the hearing at 8:47 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MEMBER GOEHRINGER: We have a copy of the Count~ Tax Map showing the surrounding area and a page of the plans as per the new placement of the tanks. Is there anybody who would liketo speak in favor of this Special Exception? MURRAY DUTZMAN: My name is Murray Dutzman; I'm the engineer empioyed as a consultant by Mobil to draw the permit drawings and work out the problems on each site. Mr. Wheeler asked me to come in case there are any questions by the Board. In laying this out, I believe that the Town would like a fifteen foot setback wherever~ they could get it from the property line, so we placed the new tanks so they were fifteen foot off the rear yard. However, the side yard, just in between the sideyard and the building is so small that we had to hold the old line of about three foot off the property line. .The three foot dim- ension confOrms with the National Fire Protection Association Code; it's Southold Town Board of ~Hpeals -23- June 11, 1981 perfectly safe, it's just a matter of that it disagrees with the Town Ordinance. MEMBER GOEHRINGER: Thank you. Is ~here anybody else who would like to speak in favor of this variance, special exception? (THERE WAS NO RESPONSE.) Anybody have any questions here? (Question was addressed to Board members.) (THERE WAS NO RESPONSE.) Would anybody like to speak against this variance, special exception? (THERE WAS NO RESPONSE.) Anybody have any questions? (THERE WAS NO RESPONSE.) Hearing no questions, I'll make a motion .to approve this variance subject to the two following conditions, subject to the County Planning and subject to the Planning Board site plan approval. MEMBER DOUGLASS: Seconded. ~By this appeal, appellant seeks permission to replace exist- ing under~round steel storage tanks with new fiberglass underground storage tanks at premises located at the southwest corner of Main Road and Youngs Avenue, Southold, zoned B-1 General Business. Premises is presently used as a gasoline service and automobile repair station. The Board agrees with reasoning of the applicant. The Board finds that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the use will be in harmony with and promote the general purposes and intent of this chapter. On motion by Fir. Goehringer, seconded by Mr. Douglass, it was ~outhold Town Board of ~peals -24- June 11, 1981 RESOLVED, that Mobil Oil Corporation, in its Appeal No. 2832, be 'granted a Special Exception to the Zoning Ordinance, as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter (2) Southold Town Planning Board site plan approval pur- suant to the Southold Town Code. Location of Property: Southwest corner of Main Road and Youngs Avenue, Southold, NY; County Tax Map Parcel Item No. 1000-61-4-23. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer and Sawicki. (Mr. Grigonis abstained.) The Acting Chairman called a recess from 8:57 p.m. to 9:10 p.m. APPEAL NO. 2836. Application of Nicholas W. Ippolito, 36 Gehrig Street, Commack, NY 11725 for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient front, side, and rear yard setbacks at 230 Carol Road, Southold, NY; bounded north by Stachtiaris; west by Carole Road; south by Hass; east by Arshamomaque Pond; County Tax Map Item No. 1000-52-2-7. MR. CHAIRMAN: The applicant wishes to withdraw his application. So, I'll offer a resolution withdrawing appeal number 2836. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, ~t was RESOLVED, that the application be declared withdrawn without prejudice, as requested, Appeal 2836. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. Southold Town Board of ~peals -25- June 11, 1981 PUBLIC-HEARING: Appeal No. 2835. Application of Peconic Corp., c/o Norris Grain Co., Box 1058, Ocala, FL 32670 for a Special Exception to the Zoning Ordinance Art. III, Sec. 100-30 for permission to convert barn with existing one-family use to a two-family dwelling use at the south side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, Cichanowicz, Dove, Reeve and Brooks; west by Camp Mineola Road, Reeve, Murphy, Peters, Kirchgessner, Haberman, Smith, Norris and ors.; south by the bay; east by Wickham, Bagshaw and Park AVenue; County Tax Map Item No. 1000-115-9-4, (by A. A. Wickham, Esq. as attorney). The Chairman opened the hearing at 9:11 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map showing the area and surrounding areas. We have a map of the property showing the location of the building and surrounding buildings on the property. Is there anyone here who wishes to speak or add anything to the application? ABIGAIL WICKHAM: Yeah, Abigail Wickham. I just want to make sure you're looking at the right map. That's it, okay. MR. CHAIRMAN: Yeah, I was looking for it down in the back and those are the old ones that are in there. ABIGAIL WICKHAM: Okay. I just want to,basically, the same things I said last time I was here apply. I just want to repeat that the purpose of this application is to provide an additional residence, or additional dwelling in this carriage house. The applicant, as I stated before, has forty-five acres of property and we're setting offf the two acres here to accommodate this two-family dwelling. The existing apartment on the second floor contains three bedrooms now and that apartment would be reduced to two bedrooms, kitchen, bath, and living area. And an additional apartment added with one bedroom, kitchen, bath and living area. The size of the dwellings will conform to the zoning ordinance in terms of square feet, footage and subject to the approval of the Building Inspector as far as that goes. So the net result will not be any more bedrooms; it will just be two separate apartments with the same number of total bedrooms. The reason the applicant wants to add the additional apartment is because he uses that building quite frequently now for guests and help around the farm and would like to have two separate units rather than one so that he can accommoda~S people more conveniently. The building is not particularly close to many other buildings; we're going to.have adequate setbacks in~tsrms 6f the zoning code and most of the property which is zoned multiple residence is going to continue in agricultural usage so I don't think that this ~s going adversely affect the neighborhood in any way. If you have any questions, perhaps I can answer them or Mr. Norris's architect, Mr. Herlon, is also here. MR. CHAIRMAN: Thank you. Is there anyone else to speak for this? (THERE WAS NO RESPONSE.) Southold Town Board of Appeals -26- June 11, 1981 MR. CHAIRMAN (continued): Anyone to speak against it? (THERE WAS NO RESPONSE). MEMBER GOEHRINGER: I'll make a motion to approve this applica- tion as applied for subject to two things, actually subject to three: that the property that's so indicated here is at least 80,000 square feet, and two, subject to the County Planning Commission, and subject to the Planning Board's approval. MR. CHAIRMAN: I'll second it. By this application, applicant seeks permission to convert an existing barn containing a preexisting one-family apartment into two one-family apartments on the second floor. Also existing on the premises are several accessory buildings. The entire premises in question contain approximately 45.3 acres. The Board finds that the use will no~ prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Peconic Corporation, by Abigail A. Wickham, Esq. as attorney, be granted a Special Exception to the Zoning Ordinance, Article III, Sec. 100-30 pe'rmitting the converSion of existing barn with existing one-family use to a two-family use, SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board oral,peals -27- June 11, 1981 (1) That a minimum of 80,000 square feet of land area be applied to this building/use as shown on the plot plan submitted to this Board June 10, 1981; (2) That pursuant to Article III, Section 100-30B(1) of the Southold Town Code, applicant must obtain Southold Town Planning Board site plan approval; (3) That pursuant to the rules and regulations of the Suffolk County Charter, this matter be referred to the Suffolk County Planning Commission. Location of Property: South side of New Suffolk Avenue, Matti- tuck, NY; Suffolk County Tax Map Parcel Item No. 1000-115-9-4. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehring~r, PUBLIC HEARING: Appeal No. 2834. Application of Charles Bocklet, 1295 Robinson Lane, Peconic, NY, (by Peter R. Stoutenburgh as agent) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimming pool with fence in front ( and/or sideyard ) area at 1295 Robinson Lane, Peconic, NY; bounded north by Suskevich; west by Robinson Lane and McQueen; south by the bay; east by Wood; County Tax Map Item No. 1000-98-5-2, 3, 4. The Chairman opened the hearing at 9:19 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a section of the County Tax Map showing the surrounding properties and we have a sketch, or map of this property showing the house and location of the pool. Is Mr. Stoutenburgh here to say something to add to this? PETER STOUTENBURGH: I think it's pretty clear, similar to a lot of situations where years ago when they set the house on the property, there wasn't a consideration for front and rear yards for such things as accessory buildings, and such as what this pool is going to be con- sidered. There's plenty of room there; all the neighbors, wsre nhtified, not o~ly by mail but in person. None of them will even be able to see the pool from their place, and there seems to be no concern at all. Southold Town Board of'-~Ppeals -28- ~ ~. June 11, 1981 PETER STOUTENBURGH (CONT.): The setback off the road is quite considerable although the determination for front and rear yard was made due to which side of the building had the access to the road. So, I think the rest of it is stated as it is on the form. If there is any questions i'd be more than willing to answer them, or attempt to. MR. CHAIRMAN: Thank you. Any members of the Board have any questions? MEMBER SAWICKI: Is there an electrical3wire running across where- PETER STOUTENBURGH: Yes, that will, by code, when we file the building permit be (word was inaudible) a minimum of fifteenfeet from~ ? the water, and the present plans are to put that underground, ~it~i!~h underground circuit. The fence itself Will have to be, if it's met&l type, a mimimum of, I think it's five feet back from the pooll line is all, but ( remainder of sentence was inaudible).~ I know it's all set out'and in order to get a permit we have to comply by those as well. MR. CHAIRMAN: Thank you Peter. PETER STOUTENBURGH: Thankyou. ~M~ CHAIRMAN: Is there anyone else to speak for it? (THERE WAS NO RESPONSE.) Anybody to speak against it? (THERE WAS NO RESPONSE.) I'll offer a resolution granting this as applied for. MEMBER SAWICKI: Second. MR. CHAIRMAN: Resolution moved and seconded. Some of the conditions will be that the nearest part of the pool will be fifteen ~feet from the westerly property line and subject to County Planning. After inveStigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant seeks permission to construct a swimmingpool with four-foot high fence in the front and side yard areas, with a minimum setback from the westerly property line of 15 feet. The premises in question is located at the southerly end of Robinson Lane, Peconic and contains an area of approximately 80,000 square feet. The premises are improved with a 1-½ story frame house and accessory buildings. The Board does agree with reasoning of the applicant. The Board finds that the relief requested is not substantial in relation to the Code requirements; that the relief would not Southold Town Board of~ppeals -29- June 11, 1981 change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any in- creased population; that the hardship or practical difficulty is unique and not self-imposed; and that the interests of justice will be served by granting the relief as requested. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Charles Bocklet, 1295 Robinson Lane, Peconic, NY be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct swimmingpool with fence in the front and side yard areas as applied for in Appeal No. 2834 and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the structures be located not closer than 15 feet from the westerly property line; (2) That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. * * * PUBLIC HEARING: Appeal No. 2772. Application of Emanuel M. Kontokosta, 43 West 54th Street, New York NY 10019 (by Richard F. Lark, Esq.) for a Special Exception (as amended) to the Zoning Ordinance, Art. V, Section 100-50 for permission to construct additional residential units, a coffee shop, administration office and swimming pool in an M-1 Zoned District ( and deleting the 21 motel units as previously granted 1/17/80). Location of property; West side of Shipyard Lane, East Marion, NY; bounded north by Parkside Heights Co.; east by Shipyard Lane; south by Gardiners Bay; west by Parkside Heights Co.; County Tax Map Item No. 1000-38-7-part of Lot 4. The Chairman opened the hearing at 9:29 p.m. by reading the appeal application and related documents, legal notice of hearing and noting affidavits attesting to publication in both the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a County Tax Map showing this property and the surrounding properties in the area. Is there anyone here that wishes to speak for this? Mr. Kontokosta. EMANUEL KONTOKOSTA: Yes, Mr. Chairman, for the record, my name is Emanuel Kontokosta. I'm the owner of the property in question; I'm also the principal partner of the engineering and architectural design firm that did the work. Basically, this final site plan is a final revised plan of the one that was initially approved back on December 17, 1979. The original plan was for 21 motel units, 28 garden apartments Southold Town Board o£~ Appeals -30- June 11, 1981 EMANUEL KONTOKOSTA (CONT.): plus a hundred seat restaurant. I'm sorry,-a hundred seat coffee shop. This one reduces everything down to 45 c~ndomin±~m residential units plus a 50 seat coffee shop with swimming pool. I think that covers it, unless there are any questions I'll be glad to answer them. MR. CHAIRMAN: Thank you, Mr. Kontokosta. ~nybody have any questions? (THERE WAS NO RESPONSE.) Anyone who wants to speak against this application? (THERE WAS NO RESPONSE.) I'll offer a resolution closing the hearing and reserving decision. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed, Appeal 2772. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, GOehringer, and Sawicki. RECESSED HEARING: Appeal No. 2826. Application of Herbert ~offman & wf. This hearing was reconvened at 9:40 p.m. It had been recessed earlier this evening, to be continued at the end of the hearings. ¥~_. CHAIR~%N: W~. have a recessed hearing from earlier tonight. MR. GRIM~: There's a question that I would like to have an answer to if it's at all possible and I don't know if there is. I have been told in,he past that the subdivision that we're in, Goose Creek, is a subdivision that pre-dates the zoning ordinance and that as a result, the lots which are on the side of us now, to the back of the property on which they are planning on building, one full lot and a half lot, that those lots are not subject to the current zoning and that there would be nothing required for the current owners or any owners to sell those lots off to someone else. ~ER GOEHRINGER: They would need approval from the Board of Appeals for insufficient area~ Do we have, what does it look like in the excepted list? SECR~.~y : It's right here. ~ERGOEHRINGER: The book, on the excepted list is, this is called the Goose Creek Sub- MR. CARWAY: Goose Neck Estates. ~iiSECRETkRY~: This is not on the excePted list. Southold Town Board of'~peals -31 ..... June 11, 1981 ~BER GO~2~ING~R: It's not on the excepted list? MR. CHAIP~MAN: No, I didn't find it. SECRETARY : No, it's merged. ~ GOEHRINGER: So, for it to be cut off, we would~ass~e, it it has to go to the Zoning Board of Appeals, which is this Board, for insufficient area. ~R. GRI~M: That's the only way that it could be partitioned? (The responses were inaudible.) MR. CHAIPd~AN: The Planning Board gets involved, but they can't, if we grant a variance, then they, it becomes a legal lot, the Planning Board couldn't set it off for you~ :~ MRS. ADRIAENSSENS: Excuse me, it seems that we discovered after we were outside that ~. Grimm, his concern is certainly the bloseness here, okay?- The (word is inaudible) concern is that when he looked at this and saw where the Board of Health chose to put the cesspools, that we had chosen to put them there, and that the forethought for the future was that the Hoffman's olanned on selling this off, which was n_bt true. The Board of Health tells you, as you gentlemen certainly know, where you put your cesspools; you don't tell them. And they don't intend to, however, we can't prove that... MR GRIMM: There's no way we clan have, I know you can't have cer- ta~uty for all time, or for any time for that matter, but our house on our land is so situated on a small parcel of land, that not only are we close on the back, but we only have three or four feet on the side. So, that l&nd not being used, if' it could be sold off, or if the Hoffman's themselves chose to put a swimming pool on it, then our ability to sell our house, the value of our house, with their house behind us sixteen foot from the line and then something else on the side of us three or four feet from our bedroom windows on that side, we've got very little left, in the way of marketability for the house of any ~Ort. And that was the question that I was concerned about from the veNy beginning, was whether we could protect ourselves. And frankly, not to keep any of the cardsturned down on the table, one of the questions we asked the Hoffman's was whether or not there would be any willingness on their part to sell us some of that land on the side so that we would have a buffer, and the question arises obviously, to whether they would be permitted, ever, to do that. They are not preparedtto do so now, they waut to see how the house looks when it's up on the land and all that sort of thing, but I need to know whether or not that's an eventual possibility. If you grant the variance s~d they put the house up, the~ it's unlikely that they'.Board will'ever, in the future allow them to sell off that land in the back. MEMBER G0~RINGER: We've adjustedprOperty lines, before. MR. cHAIR~gLN: Yeah, any time you increase the size of a lot, it's the favor of zoning, it's ~ograding that, upgrading the lot and Southold Town Board of~Ppeals June 11, 1981 ~. CHAIPJ~3~ (CONT.): wherever we can, we do that. it's, see your lot right now, are smaller than most of the lots in the area~ and if you got some of that, you'd bring yours up to the size of the others. MRS. ADRIAENSSENS: But Mr. Hoffman doesn't want to make that guarantee. MR. CHA!RM3~N: No. MRS. ADRIAENSSENS: If he doesn't sell them their land, you know. (At this time, more than one person was speaking .) ME~ER GOEHRINGER: All we're saying is that we have a~usted ~rOpertY lines before, case closed in that respect. ~. GR~: Yeah, I'm not trying to strike that bargain here now, because I uuderstand. The only thing that we can see here is whether the Board would agree to allow them a little bit more flexibility in the front, if they could bring their house up ~uother five foot to 25 or perhaps even 20 feet from the front, Since~'s just a garage and it's relatively narrow in width, and there is little or nothing across the street from them that it would cause problems for, that would give us a little bit more room in theback. ~{S. ADRIAENSSENS: They're asking for this here. ~q. CHAIRF~J~: Yeah, I understand. ~. ADRiAFiNSSF~NS: That thirty feet here, make it 20~feet so that they would get 26 feet here instead of 16',~ I don't know if, how... MR. CFD~IPdWk~M: We'd have to take a look and see where these other places, take a look and see how far the houses are located from the street. ~. ADRI~ENssENs: There is none here within 300 feet. There's one here that I k~ow is 50 foot back 6ause we taped it. This one is 50 foot, and that's the only house within 300 feet in either direction. MR. GRIMM: There's no other house that fronts on this. Well, I shouldn't say that, across from them, one house~ faces on~a side street. So,.that would be there but there is another house over- (At this time more than one person was speaking.) MB.. GRIMM: With the design of the house there really isn't any combination that can be arrived at other thegn this one. Otherwise, they don't have the house that they want. MR. CHAIR~MAN: But where there's only just a couple of houses there, we'd have to kind of, go a little further around the area. MEMBER GOEHRINGER: I can't see twenty feet, that's very close. MR. CHAIRMAN: Yeah, and I don't think there's anything that close dov~ there. Southold Town Board o~ppeals -33- June ~l, 1981 _~.$. ADRIA~SSF~S: No, there isn't. We !ooked~t~That,s how' we came'~O the 30, that's the happiest medium we could find. We really tried to please, you know. MR. CARWAY: Thirty (the~,~ext word was inaudible) used to be what the house next door is. ~S. _~DRIAENSSENS: No, tl~ house next door is 50'~ We taped it; they weren't home, we knocked. ~. GRI~: Yeah_, but it may appear to be more than it really is because a lot of that land is part of the roadway and it really isn't theirs. It could be ten feet or so that's part of the road~ so their setback may be thirty but it may appear fifty from the actual road, 'cause I know our sur~ey for ours shows that the road really is, comes, right of way to fifty- M~=~ GOEB~INGER: Well, the road is a fifty foot road, ~ud the way she sits right there is probably only 28 feet wide. MR. CH~IP~N: Yeah. ~ER GO~iNGER: So you only have, you got eighteen feet to Play~-~.whatever the difference is, 22 feet. You got eleven feet on both sides. We're going to have to get together next week anyway, for a Special Meeting. %%%en do you~ant to go, Thursday? Do you want to quit until Thursday and go out and do an inspection? Recess it with a date, and open it back up on Thursday. I can't make it Wednesday, I have a Regents. 'We can make it Monday or Thursday. MR. CHAIRNJLN: Do you want these people down there when we make the inspection? N~ER GOEB2qtNGER: '~hy not? E. C~~: They're here just- ~. C~RWAY: We'll be here tomorrow. N~qS. ADRI~SSENS: They (the Hoffmann) live in the city, in Manhatten. ~R. GRIi~: I'll be here through, probably until Tuesday. M~ER GOEb~.IMGER: ~y don't we go out Monday afternoon? MRS.ADRIAENSSENS: ~d that's, yeah, we're there Friday afternoon. M~E~IBFZQ GOE~R!NG~: Do you want to go Friday afternoon? ~R. CHAIP~%L~J: i c~u go any time. It's when you cs~n get most people to fit it in, I'll be there. N~ER GOEPP~ING~: You want to make it four-thirty, quarter to f£ve? Southold To%~ Board of~.~peals -34- June 11, 1981 MR. C~IRNAN: Yeah, a!right. SECRETARY: Thursday' s the eighteenth. ~iEMBER GOA~qRINGER: That' s the eighteenth. Right. ?IR. CHAIRNL~N: I'll offer a resolution that' we have a Special Meeting four-thirty or four-fifteen. ~ust both MRS. B/DRIAENSSEMS: M~MBER GOEHRINGER: MRS. ADRIA~SSENS: Now, are we supposed to come to that? 0nly if you want to~ We want to if we can. MR. CHAIRMAN: We'll go down and look around before that somehow.~ SECRETARY: You're going to re-open the hearing on Thursday~ ~ER GOEHRING~R: Right° SECRETARY: So tha~ eve~jbody can come back. ~IBER GOE?2qINGF~R: Right. ~. ADRIAENSSENS: Is it better if I came--I have to take off from work, is it better if I came on Monday or Thursday? ~Cause if I take off two days, I'll be in u~nemployment. Nd~4BER GOE~INGER: W~at time do you get off of work? MRS. ADRIA~SSENS: Five-fifteen. But i'll, you know, I can, I'll leave, like, at three o'clock. But I just wouldn't want to do that days. ~iB~ GOEHRINGER: MRS. ADRIAENSSENS: ~ER GOF~MRL~GER: MR. CF~ IR~5~.N: Right. So which is better for me to come, Thursday? I would sa}- Thursday. Yeah_. ME~IBER GOEHRINGER: MRS. ADRiAE~SSENS: nothing I can do-- F~MBER GOEHRINGER: Yeah, we'll go out and do-- 'Cause when you go Monday, it's there, there's There isn't.any poison ivy on that lot is there? (At this time more than one person was speaking and no clear voices were picked up by the tape.) M~MBER G0~INGER: Don't put that in the minutes either, Missy. T~RY SECRETARY: Okay. Southold Town Board of~ppeals -35- '-~' June 11, 1981 ~ER GOEH~qINGER: Okay, second. On motion by Mr. Grigonis, seconded by ~. Goeb~inger, it was ~ESOLVED, that the hearing be declared recessed until June 18, 1981, Appeal 2826. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. Motion was made by Mr. Grigonis, seconded by Mr. Goeb~inger and carried, to ~ecess the regular meeting in order to go into "Closed session for ~eliberations" at 10:00 o'clock p.m. (~pprox.). ~ Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and carried, to reconvene the regular meeting at 10:15 o'clock p.m. (approx.). Motion was made by N~. Grigonis, seconded by Mr. Goo_bringer, and unanimously carried, to schedule a special meeting of this Board to be held on Thursday, June 18, 1981 at &:$5 ~'clock p.m. to be held at the Southold Town Hall, Main Road, Southold, New York. Motion was made by M~. Grigonis, seconded by Mr. Goehringer, and unanimously carried, to set the next regular meeting of this Board to be Thursday, July 9, 1981 at 7:15 o'clock p.m. to be held at the Southold Town Hall, Main Road, Southold, New York. Motion was made byMr~ Grigonis, seconded byMr. Goehringer, that the following appeal be scheduled and advertised for public rehearing to be held at the next regular meeting Of this Board, to wit, July 9, 1981 at the Southold Town Hall, Main Road, Southold, New York: 8:55 p.m. Appeal of Rose D~nsker. Approval of insufficient area and width of two proposed parcels. Wells Road, Peconic, ~_u~. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. RESERVED DECISION: Appeal No. 2818. Application of Herbert Wo Davi~s, by Stanley S. Corwin, Esq., 634 First Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels known as Seawoo~ Acres Subd. Lots 25, 26, and 27, Filed Map #2575; bounded north and west by Reese; south by McDermott; east ~y Seawood Drive; County Tax Map Item No. 1000-79-7-64, 65 and 66. ~outhold Town Board oz. ~,ppeals -36- .lane 11, 1981 On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Herbert W. Davids, 634 First Street, Greenport, NY (by Stanley S. Corwin, Esq.) be granted a variance to the zoning ordinance, Article III, Section 100-31 for approval of insufficient area and width of three proposed parcels known as Seawood Acres Subdivision Lots No. 25, 26 and 27, in Appeal No. 2818. Location of Property: Seawood Acres Subdivision Map No. 2575; Subdivision Lots No. 25, 26 and 27; bounded north and west by Reese; south by McDermott; east by Seawood Drive. County Tax Map Parcels No. 1000-79-7-64, 65 and 66. Vote of the Board: Ayes: Messrs. Grigonis and Sawicki. Nays: Messrs. Douglass and Goehringer. Member Doyen abstained until he was able to inspect the property in question. This resolution was lost because of a tie vote, and was RESCINDED with the following RESOLUTION: (Verbatim as follows:) MEMBER SAWICKI: I rescind my motion. MR. CHAIRMAN: I rescind my second of the motion. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to RESCIND the previous resolution concerning the matter of Herbert W. Davids, Appeal No. 2818. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Member Doyen abstained. It was agreed that this matter would again be attempted to be resolved after Mr. Doyen has been able to inspect the premises in question. Southold Town Board of Appeals -37- June 11, 1981 RESERVED DECISION: Appeal No. 2827. Application of Anna L. Bertero, 955 Inlet Drive, P.O. Box 977, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of three proposed parcels, known as Capt. Kidd Estates Subdivision Lots No. 74, 75 and 76, Subdivision Map No. 1672; County Tax Map Parcels No. 1000-99-2- 8 and 14. After investigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant proposes to divide premises into three parcels, containing areas of approximately 12,000, 11,000 and 9,000 square feet. Existing on the southerly proposed parcel (approx. 9,000 sq. ft.) is an existing one-family dwellinq with garage. It is the opinion of the Board that the en~i~ p~emises is not buildable, in effect, for three dwellings. The Board finds that the relief requested is substantial in relation to the Code requirements of 40,000 square feet; that the relief requested is not unique; that the spirit of the zoning ordinance would not be observed if this relief were granted; that a hardship or practical difficulty has not been shown; and that the interests of justice would best be served by denying the variance requested herein. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Anna L. Bertero be denied a variance to the zoning ordinance without prejudice for approval of insufficient area of three proposed parcels as applied for in Appeal No. 2827. Location of Property: Westerly side of Inlet Drive, Mattituck, NY; County Tax Map Parcels No. 1000-99-2-8 and 14; Capt. Kidd Estates Subdivision Lots No. 74, 75 and 76; Subdivision Filed Map No. 1672. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, Southold Town Board of Appeals -38- June 11, 1981 RESERVED DECISION: Appeal No. 2828. Application of Edward P. ~ertero, 1240 Inlet Drive, Mattituck, kY for a Variance to the Zoning Ordinance, ~t. III, Sec. 100-31 for approval of insufficient area of two proposed parcels known as Capt. Kidd Estates Subd. Lots 97 and 98, Filed Map #1672; also known as 1240 Inlet Drive, Mattituck, ~?£; Co~auty Tax Map item No. 1000-99-2-6. After investigation and personal inspection, the Board finds as Eollows: By this appeal, appellant Reeks permission to divide property located at the east side of Inlet Drive and the south side of Miriam Road, Mattituck, New York, into two parcels with insuffi- cient area of approximately 20,000 square feet and 16,750 square feet, and insufficient road frontage for Parcel No. 97 of 75 feet. It is the consensus of opinion of the Board members that the topography of this property is only suitable for one one-family dwelling, which already exists. The Board finds that the relief requested is substantial in relation to the Code requirements; that the relief requested is not unique; that the spirit of the zoning ordinance would not be observed if this variance were granted; thatno substantial hard- ship has been shown; and that the interests of justice would best be served by denying the variance requested herein. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Edward P. Bertero, be denied a variance to the zoning ordinance, as requested in Appeal No. 2828. Location of Property: Cpt. Kidd's Estates Subdivision Lots No. 97 and 98; filed Map $1672; also known as 1240 Inlet Drive, Mattituck, NY; County Tax Map Item No. 1000-99-2-6. Vote of the Board: Ayes: MesSrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. Southold Town Board of Appeals -39- June 11, 1981 RESERVED DECISION: Appeal No. 2829. Ao°lication of Susan C. Trenta!ange, 124 Cherry Valley Avenue, Garden ~ty, 5Ur 11530 ~or a Variance to the Zoning Ordinance, Art. iii, Sect 100-51 for Dermission to construct deck with insufficient front yard setback at 90 Haywaters Road, Cutchogme, ~f; also known as Nassau Point Subd. Filed Map #156, Lot 272; Co~uty Tax Map Item No. 1000-111-2-4. ~'~:After investigation and personal inspection, the Board finds as follows: By this appeal, appellants seek a variance for approval of the construction of a 40' long by 13'6" deep deck, leaving an insufficient frontyard setbackiof 26 feet, which deck was ap- parently built without obtaining permission from the Building Department. The Board finds that the dwellings in the neigh- borhood ha~e a mi~imUm!frontyard.setback of approximately 40 feet. The Board finds that a minimum setback requirement of 35 feet would not be substantial in relation to the Code re- quirements; that this relief would not change the character of the neighborhood; that no adverse effect will be produced on available governmental facilities of any increased population; that the hardship/practical difficulty is unique; and that the interests of justice will be served by granting this relief as specified below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Susan C. Trentalanqe, 124 Cherry Valley Avenue, Garden City, NY 11530, be granted a variance to the zoning ordinance, Article III, Section 100-31 for ~pproval of an insufficient frontyard setback of this deck addition, SUBJECT TO THE FOLLOWING CONDITION: That the deck addition have a minimum frontyard setback of not less than 35 feet at its closest point with the front property line. Location of Property: 90 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision Map No. 156, Subdivision Lot No. 272; County Tax Map Item No. 1000-111-2-4. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. Southold Town Board o~peals -40- June 11, 1981 Motion was made by M~. Goehringer, seconded by N~. Grigonis, that ~he following ~opeals be scheduled and advertised for public hearings to be held at the next regular meeting of this Board, to wit, July 9, 1981 at the Southold Town Hall, Main Road, Southold, New York: p.mo Appeal of Amelia Vaskelis. To construct dwelling with insufficient rear yard area at corner of Jernick Lane & Oaklawn Avenue, Southold. 7:25 p.m. Appeal of Tom Crow!e~ & wfo, (by Peter Stoutenburgh~ To construct addition to dwelling with insufficient sideward area. 745 Cedar Drive, East Marion. 7:35 p.m. Appel! of Frank A~ Battel (by Richard ~. Cron). For approval o~ insuff~e~ area~nd/or width of five proposed parcels. Shorecrest Subd. South side of Bayberry Lsne, Greenport. 7:55 p.m. Appeal of James Coooer. To construct deck addition to dwelling with insufficient slide yard setback at 865 Lo~e Lane, Mattituck. 8:05 p.m. Appeal of Phebe M. B~i~$e Estate, by Robert Wo Giltispie, III. For approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed ~arcel #2~ approval of access of proposed parcel #3 of three proposed parcels at south side of Main Road, Southold. 8:20 pom. Appeal of C~0~lonialCorners, Inc., by William B. Smith. Fox.approval of insufficient area and yard setback ef two ~r0~$Sed parcels. South side of Main Road, Southold, (east parcel to Dubovick). · 0 8.3 p.m. Appeal of David L. Mudd. To construct accessory shed with insufficient side & rear yard setbacks. North side of C.R. 48, Southotd. 8:40 p.m~ Appeal of Mark & Frances C. SQuires.. To extend existing fence (6') into '~r0n~yard'area. 2~95 Vanston Road, Cutchogue. Vote of t~Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative EnVironmental Decl~ation concerning the matter of ~elia Vaskelis, Appeal No. 28~2: ENVIRO55~ENTAL DECLARAT!ON~,, Pursuant to Section 617.13 of the N.Y~S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section &&-4 of the Southold To~m Code, notice is hereby given that the Southol~LTown Board of~-~ppeals -41- ' ~ june Southo~d Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type Ii Action not having a significant adverse effect upon the environment for the following reason(s): An EnviroDnnental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved~ nor for any other project not covered by the subject appeal application. Vote of the Beard: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawickio On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declarmtion concerning the matter of Tom Crowley &,~f., Appeal No, 28~1: Eh~ IROS~TAL DECLIRATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law~ and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project~ as proposed herein is hereby classified as a Type ii Action not having a significant adverse effect uuon the environment for the following reason(s): ~ Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occu~ should this project be implemented as planned. The property in question is not located within ~00 fe~t of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal~ application.. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. Southoid Town Board off-Appeals -42- ~ ~ June 11, 1981 On motion by Mr. Goeb~inger, seconded by Mr. Grigonis, it was RESOL~, to declare the following Negative Environmental Declaration concerning the matter of FrankA. Barrel, Appeal No. 2837: EI~YlRO~4ENT~ DE~CLkR_~.T ION: Pursuant to Section 617,13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conse~ation Law, and Section ~4-4 of the Southold Town Code, notice is hereby given that the S~uthold Town Board of Appeals has determined that the subject pro~ect as proposed herein is hereby classified as a T~Te II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should ~his project be implemented as p~uned. The proper~ in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covere8 by the subject appeal application. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer~ and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, ~o declare the following Negative Environmental Declaration concerning the matter of James Cooper, Appeal No. 2838: E~YYiR0~E~ENTAL DECLARATION: ~mrsuant to S~ction 617.13 of the NoY.S. Department of Environmental Conmervation Act, Article 8 of the Environmental Conservation Law, and Section 44-~ of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed Herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that ~o si~ificant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands~ This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for other project not covered by the subject appeal ~nplication. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. Southo!d Town Board of'-~ppeals -43- , / june 11, 1981 On motion by~. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Phe~e M. Bridge E.~t~te, by Robert W. Gillispie, III, Appeal No. 2843: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given thatthe Southold Town Board of Appeals has determined that the subject project as proposed.herein is hereby classified as a Type Ii Action not having a signific~ut adverse effect upon the environment for the following reasons(s): Am Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any oth~rdepartment or agency which may al~o be involved~ nor for any other project not covered by the subject appeal application. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Grigonis, i~ was RESOLVED, to declare the following Nega~ive Environmental Declaration concerning the matter of Colonial Corners~ Inc., by William B. Smith, Appeal No. 2839: ENVIRONMENTAL DECLARATION: Pursuant to Section 6t7.13 of the N.Y.S. Department of Environmental~ Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects w~me likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This deOiaration should not be considered a determination made for any other department or agency which may also be involved, nor for any Southold Town Board o~ppeals -44- June 11, 1981 other project not covered by the subject appeal application. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. On motion by Mr. Goehringer, seconded by Mm. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of David L. Mudd, Appeal No. 2840: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Chde, notice is hereby given that the Southold Town Board of Appeals has determined that the subject oroject as proposed herein is hereby classified as a Type II Action not'~having asignificant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be involved, nos for~muy other project not covered by the subject appeal application. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. On motion by Mr. Goehringer, seconded by M~. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Mark & Frances C. SGuires, Appeal No. 2844: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that t~ subject project as orooosed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur Should this project be implemented as p~anned. Southold Town Board of k'~peals June 11, 1981 The property in question is not located within 300 fleet ofl tidal wetla~.ds. This declaration should not be considered a determination ~ade flor any other department or agency Which may also be involved, nor £6r any other project not covered by the subject appeal application. Vote o£ the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. Appeal No. 2143~ Donald Ao Arcuri, decision rendered June 10, 1976. Mr. Arcuri verbally requested that the setbacks that were granted in the subject a~plication be more speciflic. The Board reviewed the flile and the Chairman said he would re-inspect the ~romerty and call Mr. Arcuri to request that he florward a written explanation ofl his proposed work to the Board o£ Appeals. It was the opinion off the Board that a Long Environmental Assessment Eorm should be prepared and filed with our oflflice concerning Appeal No. 2833, Northville Industries Oorvoration. Being there was no £urther business vo come beflore the Board, the Chairman declared the meeting adjourned at approximately 10:50 o'clock Respectflul!y submitted, Eiteen M. Carey, Secretary Sout~old Town Board o£ Appeals , q APPROVED Chairman Board ~ Appea~ ~inSa F. Kowalski, Secretary Southo!d Town Board o£ A~eals