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HomeMy WebLinkAboutZBA-02/12/1981Southold Town Board o£Appeals MAIN RE]AD-STATE RE]AD ~-5 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR. CHAIRMAN SERGE DOYEN .JR. T£7, R',' TUT;',:LL ROBERT J. DOUGLASS GERARD P. GOEHRINGEE doseph Iq. Sa~ck~ MINUTES REGULAR MEETING HELD FEBRUARY 12, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, February 12, 1981 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Jr., Chairman; Robert J. Douglass; Gerard P. Goehringer; and Joseph H. Sawicki. Absent was: Serge Doyen, Jr. (Fishers Island). Also present were Mike Stahl (Suffolk Times), Mrs. Shirley Bachrach (League of Women Voters), Mrs. Ruth Oliver (North Fork Environmental Council) and Mr. Henry Lytle (Southold-Peconic Civic Association). PUBLIC HEARING: Appeal No. 2777. Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, New York for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insbfficient frontyard setback at 2850 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown; County Tax Map ID No. 1000-91-1-3.2. The Chairman opened the hearing at 7:35 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. MR. CHAIRMAN: We have a section of the County Tax Map showing this property and the surrounding properties, and a survey of the property. ~i~t is a long, long parcel" and it's really limited. Is there anyone that would like to add anything furth6r to the application? Page 2 ~- Southold Town Board of Appeals February 12, 1981 Regular ~eeting MR. ROBERT GAZZA: I have nothing further unless there are any questions. MR. CHAIRMAN: We have here a note dated 2/5/81 from Bob Gazza: ...On 2/4/81 the DEC sent me a letter stating there was a possible wetlands violation on the lot next to this one which is owned by my wife, and that they were holding off on any decision concerning the garage until the above matter was settled. On 2/5/81 at a meeting in the DEC offices between Charles Hamilton of the DEC and myself, it was agreed that the wetlands were not infringed upon but that the upland grading did not meet their requirements. I was told that if I paid a no lo contende penalty o~ $100.00 and shortened the garage by four feet, they would drop the violation and approve the garage. I agreed to do this. I now have to resubmit the application on 2/6/81 with the garage shortened by four feet which I will do. Mr. Hamilton said I can expect approval in a few weeks. Signed Bob Gazza .... MR. CHAIRMAN: Have they indicated how long it would be until you would hear from them (DEC)? MRS. GAZZA: They said in a few weeks. On motion by Ur. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of the Appeal of Robert and Diane Gazza, ~2777. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. RECESSED HEARING: Appeal No. 2684. Application of North Fork Motel, Inc., by William H. Price, Jr., Esq. as attorney, 828 Front Street, Greenport, NY 11944 for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70 for permission to change existing motel use to privately-owned units (or condominium-type) use in a B-Zone, located at the North Side of North Road C.R. 27), Southold, NY, County Tax Map ID No. 1000-135-2-23. The Chairman announced tha~ the hearing will be further recessed until the next regular meeting of this Board, to wit, March 5, 1981. Page 3 Southold Town Board of Appeals February 12, 1981 Regular Meeting She~'~resolution recessing North Fork Motel, Inc. was passed on January 28, 1981 scheduling same for March 5, 1981 at 8:35 p.m. at the Southold Town Hall. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the Minutes of the Regular Meeting held January 22, 1981 as submitted. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the sign renewal request of the North Fork Lions Club, Appeal No. 1150 for a period of one year from the date of expiration noted thereof, SUBJECT TO the Federal Highway Beautification Act and Fundings Laws for Highways, if applicable. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. The Chairman called a 10-minute recess being there was no further business to come before the Board until 8:00 p.m. The meeting reconvened at 8:00 p.m. PUBLIC HEARING: Appeal No. 2780. Application of Albertson and Katz, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Art. VI, Sec. lO0-70A(1)(d) and Art. VI, Sec. 100-62F for permission to construct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S.R. 25), Southold, NY; bounded north by Main Road; west by Mullen; south by Finne and Lucey; east by Locust Avenue; County Tax Map ID No. 1000-62-3-21 and 22. The Chairman opened the hearing at 8:00 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. Page 4 - Southold Town Board of Appeals February 12, 1981 Regular Meeting MR. CHAIRMAN: We have a map of the property and a section of the tax map showing this property and the adjoining properties and the addition would wind up about three feet from the rear property line as near as I can understand it. Do you gentlemen have anything you would like to add, Mr. Albertson or Mr. Price? MR. ALBERTSON: I feel it's pretty well self explained-- the application. If there are any questions from anybody. But the piece of proper~y that we want to build on isn't used for anything--it's almost impossible to get to it. It would be not very much of an advantage if we couldn't put this added space there. MR. CHAIRMAN: Thank you. Is there anyone else to speak for it? Anyone ~o speak against this? Do any of the Board members have any questions they would like to ask? (Negative) MR. CHAIRMAN: If there are no further que~tions~ anyone else wants to speak for it, maybe Joe would offer a resolution for it? MEMBER SAWICKI: I'll move that it be granted as applied for. MEMBER GOEHRINGER: Seconded. After investigation and personal inspe~tion,.-.the~Board finds as follows: APPellant has appealed to this Board seeking a Variance to construct a 40' by 14' rear addition to an existing framed build- ing, leaving a rearyard setback of approximately three feet at the west end. Upon making a personal inspection, the Board had asked Mr. Albertson where he would agree to leaving a minimum setback of three feet in the rearyard area, and he concurred, saying he probably wouldn't need ~o construct the whole 40' in length. The Board finds that the relief requested in the within application is not substantial in relation to the Code require- ments; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect will be produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighborhood; that the hardship is unique; and that the interests of justice will be served by granting the variance as applied for. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that Albertson and Katz, Main Road, Southold, NY Page 5 Southold Town Board of Appeals February 12, 1981 Regular Meeting be granted a variance to the zoning ordinance, Art. VI Sec. lO0-70A(1)(d) and Art. VI, Sec. 100-62F as applied for. Location of Property: South Side of Main Road (S.R. 25), Southold, NY; bounded north by Main Road; west by Mullen; south by Finne and Lucey; east by Locust Avenue; County Tax Map Item No. 1000-62-3-21 and 22. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. MR. CHAIRMAN: This will be subject to Site Plan Approval by the Planning Board. The C~qnty,will also be in on it. PUBLIC HEARING: Appeal No, 2781. Application of James D'Aquisto, by R.B. Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in frontyard at 3235 Manhasset Avenue, Greenport, NY; bounded north by Reinfurt; west by Sorden; south by Manhasset Avenue; east by Pell; County Tax Map Item No. 1000-43-1-8. The Chairman opened the hearing at 8:15 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 newsoapers, letters of Disapproval ~rom the Building Inspector, and letter from the Town Clerk that notification to adjoining oroperty owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey of the property and section of the County Tax Map showing this property and the surrounding areas. Is there anything you would like to add to this, Mr. Hudson? REG HUDSON: Well, when I filed with Mr. D'Aquisto everything was all right, but then some friends wanted to be helpful, so they went over and built the garage for him without -- this was the shape of the lot -- you see, what they did to be helpful, they paralleled the garage; ~ have the garage paralleled to the side and they made it parallel to the house on your map, so if you want to just look --that's how it happened. The garage is all built, but there's one, on the front side on the Pell side which is a right-of-way or it showed on the original map from Van Tuyl as a vacant lot, but it's a right-of-way and I've noticed~since that it is in his deed. He has a right. Pell gave us permission to face the garage door on that side, but in the meantime I've checked up, and he has a right-of-way--what is known as Gull Pond Lane on some old survey-~maps, so it's an existing map that goes all the way back into Pell's house. And what happens now is, you'd have to, in one corner, it's two foot off-- it's on his~own property. It doesn't encroach. But it's two foot when it should Page 6 Southold Town Board of Appeals February 12, 1981 Regular Meeting (Mr. Hudson continued:) have been three foot. And from the northeast corner, oh we're about, if we come over four foot and chop a corner of the build- ing out, it complies. In other words he feels it would spoil the looks of the building and it's not a big item there. And the other items, original plans, he didn't put in that he was going to put in a garage. His friends said, well, they'd put the pipes in, and then they put in plastic pipe in concrete instead of cast iron. That was one of the-- but these, we're not concerned about that so much as the fact that rather than choo the building in the front--the other, he could knock that Pipe out. I'm trying to help him out now because, why the friends have taken off and he's left whole in the bag sort to speak. MR CHAIRMAN: Is there anyone else to speak for this? MR HUDSON: The garage is already built though. MR SAWICKI: Yes, we were down there. MR HUDSON: Oh, you looked at it? MR SAWICKI: Yes. MR CHAIRMAN: Is there anyone else that would like to speak in favor of this? Anyone to speak to against this? WILLIAM R. PELL, III: I am William Pell. I do not object to the l. ocation of the garage. I do not object to him having access to the right-of-way to get in and out of it. MR. CHAIRMAN: Thank you, Bill. Anyone else to speak against this? Yes, sir, your name, please, and use the mike, please? We're trying to get it on tape. MR. REINFURT: I'll speak loud. We're the adjoining pcoperty and the name is Reinfurt. First off, to be an accessory building sounds like a shed or whatever. This building is as big as the house, and it's, first of all, the property is pretty small. I think they needed a variance to build the house ~n the first place. And now you have two buildings the same size on a very small lot. And to me I'd like to see it moved. MR. CHAIRMAN: Thank you. Anyone else? (Negative). MR. HUDSON: I think the building department checked it out for size from the regulations. MR. CHAIRMAN: We got some figures to see what we could find out because we were guessing. And we called Van Tuyl (surveyor) and the Van Tuyl sunvey shows 6,922 square feet and 18% of the lot Page 7 Southold Town Boaro-~-of Appeals February 12~ 1981 is covered by the house and garage, but then the deck is not included in the 18%, and roughly there's about 385 to 390 square feet of deck, which would bring the structures on the property up about 3, 3½ percent over what is permitted on the property. You're allowed 20% and this comes up somewhere about 23%. MR. HUDSON: That's including the deck? MR. CHAIRMAN: Yes. There are other violations there that we don't get into, but it took a chance I wouldn't even want to be working on the roof up there--w/th those LILCO wires a couple of feet off the peak of it. MR. HUDSON: That s Long Island -- Greenport, I think, MR. CHAIRMAN: It s a rough situation. And the Dlumbing-- I don't know, if it s supposed ~o be a two-car garage you've got one door just about big enough for one car to get in and it would be a rough deal to get-- Your name, sir? MR. D'AQUISTO: tt s my garage, and I plan to live there all year round. These people are there for the summertime, and I did use it for a little bit of a workshop, too, I'm a hobbyist. MR. CHAIRMAN: You re Mr. D'Aquisto? MR. D'AQUISTO: Yes, I am. I'm living there all year round and intend to, and like I said, I'm using it for a one-car garage and the other half of it I'm using for a workshop, for a hobbyist. And the reason why I put a washer and dryer in is because there's no room in the house for a washer and dryer, and I don't intend to keep going to the laudromat, so I thought I would put a washer and dryer in my garage so I could do my laundry there rather than my house. And I'm not using the olace for a summer home. MR. CHAIRMAN: Thank you. MRS. REINFURT: My name is Reinfurt. We have used that same right-of-way--that's our only access to the property--to the front of our property, and we intend to have that as an all year round house eventually. We've been at that property for more than 13 years. MR. CHAIRMAN: Thank you. Is there anyone else? HENRY LYTLE: What I'm curious about is, who was the builder? MR. CHAIRMAN: Mr. Hudson~ can you answer that question? MR. HUDSON: I don't know. ~ got the original permits and Page 8 .... Southold Town Board of Appeals February 12, 1981 Regular Meeting (Mr. Hudson continued:) things for them, and then I didn't know any more about it and didn't see it until Jimmy asked me ~o help him. Some friends of his, from -- I don't know the names of the builders. It was not a local builder. MR. LYTLE: It's all a mystery to me as to how these things get built without a permit. MR. HUDSON: We got a permit. MR. CHAIRMAN: MRS. REINFURT: MR. CHAIRMAN: They got a permit. What is the date of the permit? I have a copy of it in here somewhere. The permit was issued September 25, 1979. It was applied for on September 24, 1979. MR. LYTLE: But it wasn't built completely in compliance with the permit. Is that why Mr. Hindermann picked it up? MR. CHAIRMAN: That's why he found it too close to the right-of-way line. And I guess it actually wound up a little bigger than what they applied for. MR. HUDSON: Well it was a 24 by 24 garage when I filed, and they added two feet on, on the back end of the property. I told you, the deck isn't that important--that could be taken out of there, so we would be in the zoning. MR. CHAIRMAN: The Building Inspector in his revocation or denial, it says .... structure is not being constructed as applied for in that the size has been increased, the plumbing facilities for bathroom, laundry room have been added and building setback from property boundaries have been reduced .... So that's why it was picked up. Do any of the Board members have any questions? MEMBER DOUGLASS: Yes, I would like to ask Mr. D'Aauisto a question. How did it happen tha~ when you constructed the deck you didn't have a permit? MR. D'AQUISTO: I didn't own-- MR. HUDSON: That was there from when he bought the house. The Previous owner., Mrs. KevneY built that deck out there. MEMBER DOUGLASS: How come the surveyor didn't pick it up then? MR. HUDSON: I don't know. Page 9 ~ Southold Town Board of Appeals February 12, 1981 Regular Meeting MR. D'AQUISTO: Who surveyed it then, I don't understand? MR. HUDSON: Van Tuyl. He surveyed the property. MR. D'AQUISTO: Whe~ I bought the house? MEMBER DOUGLASS: No, it should have been picked up when you applied for this garage or whatever. MR. D'AQUISTO: I have no idea. It should have been picked even before I bought the house. MEMBER DOUGLASS: Yes, but the area should have been picked up. up. MR. D'AQUISTO: Sure. Even the shape of the lot. MEMBER DOUGLASS: Because it becomes covered area. MR. D'AQUISTO: I don't know why the rest of it wasn't picked I don't know. MR. CHAIRMAN: I have an idea sometimes. I know so~e~of these things are done when properties are transferred, they just go t6~their maps, and it's the quickest way .for them to do it, I guess. MR. HUDSON: Even when Van Tuyl did his latest survey, it's not on there. MR, CHAIRMAN: The original survey was made May 13, 1976 and then it's amended October 14, 1980. MR. HUDSON: The deck is not that great a thing that it couldn't be taken up, and that would make it comply with any reg-- you say it's 300 feet over by having the deck there. MR. CHAIRMAN: Well., three percent, somewhere in there. I haven't figured it out with the computer on it. MR. HUDSON: Because he doesn't have to have a deck. He could put a patio down there, Ct~wouldn't be a wooden structure. MR. CHAIRMAN: Do you have any questions, Joe? MEMBER SAWICKI. No, sir. MR. CHAIRMAN: Do you have any further questions, Bob? (Negative) No one else have anything further to add or detract from this? (Negative) I'll offer a resolution closing the hearing and reserving decision until we get a chance to sit and find out just how far off they are with everything. Page l0 Southold Town Board of Appeals February 12, 1981 Regular Meeting MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED that the hearing be declared closed and decision reserved in Appeal No. 2781, application of James D'Aquisto. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2784. Application of Robert T. Bay]ey, 55 West 16 Street, New York, NY 10011, by Robert W. Gillispie III as agent, for a Variance to New York Town Law, Section 280-A for approval of access to property located on a private right-of-way off South Harbor Road, Southo~d, NY; bounded north by Stewart and Blake; west by Paul; south by Bay; east by Ballenger; County Tax Map Item No. 1000-87-1-21. The Chairman opened the hearing at 8:40 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. MR~ CHAIRMAN: We have a survey of the property and section of the County Tax Map .of the area showing this property and the surrounding properties, and this is a long piece of property which is a long way from South Harbor Road. Is there anyone here, Mr. GillispJe, do you have something you would like to say to this, Bob, more to it? ROBERT W. G'ILLISPIE III: Not at this time, Mr. Chairman. I think I rather covered everything in the application. MR. CHAIRMAN: Is there anyone else that wishes to speak for it? ROBERT PAUL: MR. CHAIRMAN: your name-- ROBERT PAUL: Robert Paul, and I'm against it. I guess it's your turn now then, sir. State My name is Paul, Robert Paul. I bound the property on his west side. He is on my east. We're adjoining property. Well, I take exception to begin with that ~t wilt no~ change the character of the land. I believe it will change it drastically. It will invade on my privacy, and I'm afraid of Page ll Southold Town Board of Appeals February 12, 1981 Regular Meeting (Mr. Paul continued:) a future health problem as the water, the whole land slopes down toward the Bay from there, and hSs cesspools will be north of my drinking water, and mainly, the road that is presently serving as access is a little narrow dirt road. Now presently it's serving nine families and is in constant state of disrepair. I understand there have been four lots on the north side of the orivate road already sold and waitirg for occupancy or future building. This will add to 13 people to that same little dirt road. Now Mr. Bayley wants to add two more, to 15. The road by then will be impassible at times with the traffic it has to support, that it's not supporting now with nine. Now I don't like getting into this dispute with my neighbor -- I don't like relationships like this, but I feel it's encroaching uoon me enough to'warrant my objection to this granting of the right-of-way so he can build his lots. As for the hardship, I don't know how Mr. Bayley is involved in this financially, but he bought the property as one piece of property. And I believe that understanding. And anyway it was bought as that. I have offered to buy 20 feet on my line on a sum that we would have to agree upon, this hasn't been discussed yet, I have offered to buy 20 feet running from the Bay up to the private road which he has turned me down on. Again I think it's going to jeopardize the~whole character of the land, and second my privacy. I believe that states my case. Thank you. MR. CHAIRMAn: Thank you, Mr. Paul. Anyone else to speak against it? Yes, sir. ROBERT BAYLEY: My name is Robert Bayley, and I'm the owner of the property in question. I'd just like to say in answer to the Board and~also to my neighbor that if I chose to se~l this property, which I probably will do, he's welcome to buy it, and I'd be happy to sell it to him. In. fact I'd be even more happy if he bought it and nobody built on it, because I too would like to see this property stas~-u~dev61oped, or should we say in the state it's in right now. If my neighbor does not care to buy it and if I do sell its I do plan to restrict the location of the house for several reasons: one, that I think the house that was built on this property should be at more than the minimal distance from both my house and my neighbors Mr. Paul, and I also think that with two acres, this is 1.9s I think that within two acres there's enQugh leeway so that we can locate the house wi%~ sQffi- cient clearance from the other houses which is just the two of US. MR. CHAIRMAN: Thank you, Mr. Bayley. Yes? ROBERT W. GILLISPIE, III: I would like to add that this proposed lot, which is almost 1.9 acres is more than twice the minimum requirements of seuare footage for a building lot in this Town, and I think the Board of Health would bear up the fact that Page 12 "~ Southold Town Board of Appeals February 12, 1981 Regular Meeting (Mr. Gillispie continued:) that would be more than sufficient area in which to filtrate waste from any dwelling-so that it shouldn't bother Mr. Paul's drinking water. MR. CHAIRMAN: Thahk~yau. MR. PAUL: I would like to add I believe that's an assumption and not proven info,this case where there is such a downhill area. He's assuming that it will not bother my drinking water, or even his as far as that goes. MR. CHAIRMAN: Well that's something I don't think any of us in here can-- MR. PAUL: I'm not arguing that point, but as far as my buying that piece of property, I would assume that it would ~ork on the direction of widening my line, which is a very narrow lot -- I guess only about eight feet wide. I have more to gain myself by widening of the 100' lot. MR. CHAIRMAN: Does anyone else have anything they would like to say on this? Board members? (Negative). Well, I'd like to offer a resolution to~c~oSeF~tHe~hearing and reserve deci- sion until we can study this a little bit more. MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Robert T. Bayl.eY, Appeal No. 2784. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. After the hearing, Mr. Robert Paul asked whether he was required to sign a "Return Receipt" from the post office ~o~' acknowledge receipt of Mr. Bayley's Notice of Variance; and Mr. Paul was advised that it was not required by the Code regu- lations. PUBLIC HEARING: Appeal No. 2779. Application of Michael Caprise, No. 8 the Pines, Old Westbury, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in frontyard area at 345 North View Drive (a/k/a 37Qi~$oUth View Drive), Orient, NY; bounded north by North View Drive; west by Robertson; south by South Page 13 Southold Town Board of Appeals February 12, 1981 Regular Meeting View Drive; east by Wilson; County Tax Map Item No. 1000-13-1-9. The Chairman opened the hearing at 8:57 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. MR. CHAIRMAN: We have a survey showing the property in question and County Tax Map showing this and the surrounding properties. This prooerty is one of the biggest once in the area down there. They are putting in a little shed 60' back from North View Drive, from the side 60 or 70' Is there any- one here to speak against this application? Is there anyone wishing to speak at all? (Negative) After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct an eight-foo~ by eigh~-foo~ storage shed in an area interpreted to be frontyard area, with a setback off North View Drive of not less than 60 feet~ and a setback off the east property line approximately 70 feet. Appe.llant's property fronts on both the north and south sides by a Town approved road and is 2.37 acres in area. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining properties will be created; that no adverse effect is produced on avail- able governmental facilities of any increased population; that no substantial change will be produced in the character of the neighborhood; that the circumstances present in this case are unique; that strict application of the ordinance would produce unnecessary hardship or practical difficulty for applicant; and that the interests of justice will be served by granting the within variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Michael Caprise'~ No. 8 the Pines, Old Westbury, NY be .granted a variance as applied for, for permis- sion to construct storage shed in the frontyard area. Location of Property: 345 North View D~ve (a/k/a 370 South View Drive), Orient, NY; bounded north by North View Drive; west by Robertson; south by South View Drive; east by Wilson; County Tax Map Ir'em No. 1000-13-1-9. Page 14 - Soutbold Town Board of ApPeals February 12, 1981 Regular Meeting Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. The Board deliberated in closed session between 9:03 p.m. and 9:35 p.m. The Chairman reconvened the regular open meeting at 9:35 p.m. RESERVED DECISION: Appeal No. 2781. Application of James D'Aquisto, by R.B. Hudson as agent, 136 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in frontyard at 3235 Manhasset Avenue, Greenport, NY; bounded north by Reinfurt; west by Sorden; south by Manhasset Avenue; east by Pell; County Tax Map Item No. 1000-43-1-8. After investigation and personal inspections the Board finds and determines as follows: Appellant has appealed to ~his Board seeking a variance to permit the construction of a proposed two-car garage, 24-foot by 26-foot in the frontyard area with a setback of two feet from ~he easterly proper~y line and four feet to the northerly property line. The premises in question is a ~arcel of land located on the northerly side of Manhasset Avenues Green~ort (County Tax Map District 1000 Section 43 Block 1 Lot 18), having an area of 6s922 square fee~ and bounded northerly by Reinfurt; west by Sorden; south by Manhasset Avenue; east by Pell. There are pre- sently existing on the lot a private one-family, one and one-half story dwelling, with an attached deck ha~ing a minimum area of 350 sq. ft.; and the new structure applied for herein. The dwelling is set back 35 feet from Manhasset Avenbe. The subject premises fronts along Manhasset Avenue 90 feet and is an average of 144.84 feet in death. On September 25, 1979 aDpellant's agent was issued a build- ing permit to construct a 24' by 24' two-car garage parallel ~o the easterly property line and with a setback of approximately eight feet from the easterly side and approximately three feet from the westerly side and three feet from the northerly proper~y line. On October 23, 1980 the Building Inspector revoked the build- ing permit upon finding that the abutting property on the east side was a private right-of-way, placing the structure in the frontyard area which is not permitted under Art. IIIs Sec. 100-32 of the Code, and also upon finding that the structure had not been Page 15 '~ Southold Town Board of Appeals February 12, 1981 Regular Meeting constructed in accordance with the approved building permit for the following reasons: (a) the structure had been increased in size; (b) the property setbacks were reduced; (c) plumbing facilities for bathroom and laundryroom were added; (d) the location of the structure was changed. Upon inspection and investigations the Board found all of the above to be true, and that also existing on the premises was a deck substantial in size approximately 1z feet above ground which ap parantly was constructed without a building permit, which was not shown on any of the surveys submitted with either the application for a building permit or variance herein, and which does cause the structures to exceed the maximum permitted lot coverage of 20%, Art. III, Sec. 100-31. The Board has also found that the new struc- ture does not appear to meet the definition of a two-car garage as applied for, in that the structure has: (1) one door opening approximately six by six feet in size, rather than two openings; (2) several window openings; (3) a skylight dome; (4) access for connection into the existing septic system for which an open trench leading from the septic system to the new structure has been dug; (5) plumbing facilities ready for use. The Board finds and determines that the variance requested in relation to the Code requirements is substantial; that if the variance is granted a substantial detriment to adjoining properties will be created; that a substantial change will be produced in the character of the neighborhood; and that the interests of justice will be served by denying the variance requested. On motion by Mr. Grigonis, seconded oy Mr. Goehringer, it was RESOLVED, that James D'Aquisto, by R.B. Hudson as agent, be denied a variance to the Zoning Ordinance as applied for in Appeal No. 2781. Location of Property: 3235 Manhasset Avenue, Greengort, NY. Vote of the Board: ~11 A~es. ,/Absent was: Mr. Doyen). RESERVED DECISION: Appeal No. 2777. Application of Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, New York for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to construct attached garage with an insufficient frontyard setback at 2850 Cedar Beach Road, Southold, NY; bounded north by Cedar Beach Road; west by D. Gazza; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown; County Tax Map Item No. 1000-91-1-3.2. After investigation and personal inspection, the Board finds and determines as follows: Appellants have appealed to this Board seeking a variance for permission to construct a two-car garage with a frontyard setback off Cedar Beach Road of 37 feet and a $ideyard setback off the easterly line of 15 feet, due to the closeness of the buildable area to tidal wetlands. Appellants have appealed previously to this Board in Appeal Page 16 Southold Town Board ~f Appeals February 12, 1981 Regular Meeting No. 2591 on August 16, 1979 to construct a non-farm barn storage building on the adjacent parcel to the west of the property in Question herein, which was approved on Septem- ber 6, 1979 with conditions, and with a frontyard setback of approximately 45' off Cedar Beach Road. The Board also finds and determines that the relief requested is no~ substantial in relation to the Code require- ments; that if the variance is granted no substantial detri- ment to adjoining properties will be created; that no adverse effect will be produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighborhood; that the hardship is unique; and that the interests of justice will be served by granting the variance subject to the below sDecifi6d conditions. On motion by Mr. Goehringer, seconded by Mr. Douglass, was RESOLVED, that Robert and Diane Gazza, 2850 Cedar Beach Road, Southold, New York be granted permission to construct garage as applied for SUBJECT TO THE FOLLOWING CONDITIONS: (1) The proposed garage shall not be closer than 15' to the easterly property line; (2) The proposed garage be a one-story structure~ (3) There be no living quarters within the garage; (4) There be no plumbing facilities within the garage~ (5) The applicant must have received Department of Environ- mental Conservation approvals pri-or to the construction of the proposed' garage. Location of Property: 2850 Cedar Beach Road, Southold, NY; County Tax Map Item No. 1000-91-1-3.2. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Upon again discussing the matter of Robert T. Bayley, Appeal No. 2784 for approval of access to property located off the east side of South Harbor Road, Southold, it was the consen- sus of the members that a d6¢ision not be made until further research of the ownership of the right-of-way has been made, among other items. Page 17 Southold Town Board of Appeals February 12, 1981 Regular Meeting Matter of Emanuel M. Kontokosta, by Richard F. LarK, Esq., Appeal No. 2772. WHEREAS, this Board has under consideration an application of Emanuel M. Kontokosta dated December 23, 1980 requesting per- mission to: (1) construct a 58 boat man-made marina approxi- mately 420~ by 120' and 9' deep; (2) construct 20 additional residential units rather than the 21 motel units which had originally been granted during January 1980 by this Board; (3) amend site plan as submitted herein; all to be located at the west side of Shipyard Lane, East Marion, New York; WHEREAS, a large portion of the property in question is located in a V-5 Flood area and a large portion of the property in question is located in an A-5 Flood area and accordingly this Board makes the following determinations: On motion by Mr. Grigonis, seconded by Mr. Douglass, NOW, THEREFORE, be it RESOLVED, that the Board of Appeals of the Town of Southold hereby declares itself lead agency in the subject aoDlication dated December 23, 1980 and determines that this project is a Type I Action as proposed herein and thereby subject to the requirements of the State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the Clerk of this Board is hereby directed and authorized to coordinate review with any and all other agencies which may be involved. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Matter of Robert J. Piscioneri, Appeal No. 2696, Application dated April 18, 1980. WHEREAS, this Board has received correspondence from Mr. Robert Piscioneri for R.J. Piscioneri and S. Goldman concerning the above appeal, requesting that their application be withdrawn, NOW, THEREFORE, BE IT RESOLVED, that the application of R. Piscioneri and S. Goldman, Appeal No. 2696, be withdrawn without prejudice. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Page 18 Southold Town Board of Appeals February 12, 1981~-Regular Meeting On motion by Mr. Douglass, seconded by Mr. ~rigonis~ it was RESOLVED, that the following appeals be scheduled and adver- tised for public hearings to be held at the next regular meeting of this Board, to wit, Thursday, March 5, 1981 at the Southold Town Halls Main Road, Southold, New York: 7:30 p.m Appeal No. 2782 7:45 p.m Appeal No. 2786 7:55 p.m Appeal No. 2783 ~eBorger, Thomas J. 8:05 p.m Appeal No. 2787 Frederick Cowan & Co. 8:20 p.m Appeal No. 2785 - Brac, Leo and Lillian 8:30 p.m Appeal No. 2776 - Rich, Frederic P. 8:35 p.m. Appeal No. 2684 North Fork Motel, Inc. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. ~ietrodangelo, John & Mary. Schlumpf, Richard A. & Janet J, Appeal No. 2782 - Pietrodangelo, John and Mary. WHEREAS, applicant(s) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment if this project is imple- mented as planned; and WHEREAS, the property in question is not located within 300 feet of tidal wetlands; On mot.ior by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE, be it RESOLVED, that in Appeal No. 2782, application of John and Mary Pietrodangelo for a Variance for oermission to operate a retail flower shop on first floor of existing building in an A-Res. and Agr. District located at 52340 Main Road, (S.R. 25) Southold, Town of Southcld, New York, this Board determines that this project if implemented as olanned herein is classified as a Type II Action, not having a significant effect upon the environment; and oursuant to the Ni¥.S. Environ- mental Quality Review Act (SEQRA)~ Sections 617.13 and 617.5(a), and the Sobthold Town Code, Section 44-4, no further determination or procedure is required by this department concerning the SEQRA standards of process. [This declaration should not be considered a determination made for any other department or agency which may also be involved, or any other project not covered by the within application.] Page 19 '~ SoUthold Town Board of Appeals February 12, 1981 Regular Meeting Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Appeal No. 2783 - Thomas. J. DeBorger. WHEREAS, applicant(s) have submitted an environmental assess- ment in the Short form which indicates that no adverse effects were likely to occur to the environment; and WHEREAS~ the property in question is separated from tidal wetlands area by approximately 300 feet oflland area and a 50-ft. private town-approved road. and the N.Y.S. Department of Environ- mental Conservation advises that it would not fall within their jurisdiction and therefore comments were not solicited; On motion by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE, be it RESOLVED, that in Appeal No. 2783, application of ~homas J. DeBorger for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south rather than present east and west direction at 945 Broadwa~ers]~Rd. (a/k/a 100 Wunneweta Road)~ Cutchogue, NY; Nass. Pt. Prop. Subd. Map No. 156, Lots 295 and 296, County Tax Map No. 1000-104-11-9, this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44.-4, no further determination or procedure is required by this department concerning the SEQRA standards of process. [This declaration should not be considered a determination made for any other department or agency which may also be involved, or any other project not covered by the within application.] Vote of the Board: Ayes: Messrs. Grigonis, DoUglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Appeal No. 2786 - Richard A. and Janet J. Schlump.f. WHEREAS, applicant(s) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment if this project is imple- mented as planned; On motion by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE, be it RESOLVED, that in Appeal No. 2786, Page 20 Southold Town Board of Apoeals February 12, 1981 Regular Meeting aoolication of Richard A. and Janet J. Schlumpf, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land, to provide additional access to a second (rear) parcel of land located at the east side of Indian Neck Lane, Peconic, Town of Southold, New York, this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a significant effect uoon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5Ca), and the Southold Town Code, Section 44-4, no further determination or procedure is required by this department concerning the SEQRA standards of process. [This declaration should not be considered a determination made for any other deoartment or agency which may also be involved, or any other project not covered by the within aoplication.] Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Appeal No. 2787. Apolication of Frederick Cowan & Co., Inc. WHEREAS, applicant(s) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment; and WHEREAS, the property in question is not located within 200 feet of tidal wetlands area~ On motion by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE~ be it RESOLVED, that in Aopeal No. 2787, application of Frederick Cowan and Company, Inc., for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-I Business District at the northwest corner of North Street and School House Road, Cutchogue, New York, this Board determines that this project if implemented as planned herein is classified as a Type II Act/on, not having a significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5Ca), and the Southold Town Codes Section 44-4~ no further determination or procedure is required by this department concerning the SEQRA standards of process, [This declaration should not be considered a determination made for any other department or agency which may also be involved, or any other project not covered by the within application.] Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Page 21 Southold Town Board of Appeals February 12, 1981 Regular Meeting Appeal No. 2785 Leo and Lillian Brac. WHEREAS, applicant(s) have submitted an env~'ronmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment; On motion by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE, be it RESOLVED, that in Appeal No. 2785, application of Leo F. and Lillian Brac, for a Variance to change lot line between Lots 49 and 50 at Nassau Point, filed Map No. 806, this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is required by this department concerning the SEQRA standards of process. [This declaration should not be considered a determination made for any other department or agency which may also be involved, or any other project not covered by the within application.] Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. Appeal No. 2776~- Frederic P. Rich. WHEREAS~ applicant(s) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment if this project is imple- mented as planned herein~ On motion by Mr. Douglass, seconded by Mr. Grigonis, NOW, THEREFORE, be it RESOLVED, that in Appeal No. 2776, application of Frederic P. Rich for a Variance to the Zoning Ordinance, A~t. iIII, Sec. 100-31 for app~oval]of~nsufficient area and width of two proposed marcels each with a residence located at Hobart Road, Southold, NY (1000-64-3-2), this Board determines that this project if implemented as planned herein is classified as a Type II Action, not having a significant effect upon the environment; and pursuant to the N.Y.S. Environ- mental Quality Review Act (SEQRA), Sections 617.13 and 617.5(a), and the Southold Town Code, Section 44-4, no further determination or procedure is required by this department concerning the SEQRA standards of process. [This declaration should not be considered a determination made for any other department or agency which may also be involved, or any other project not covered by the within application.] Page 22 Southold Town Board of Appeals February 12, 1981 Regular Meeting Vote of the Board: Ayes: ringer and Sawicki. Absent was: Messrs, Grigonis, Douglass, Goeh- Mr. Doyen. Being there was no further business to come before the Board at this time, motion was made by Mr. Douglass, seconded by Mr. Grigonis, and carried, to declare the meeting adjourned at approxi- mately 10:05 o'clock p.m. Respectfully submitted, Linda F. Kowalski Secretary Southold Town Board of Appeals APPROVED Chairman ~rd