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HomeMy WebLinkAboutZBA-09/17/1981Southold Town Board of Appeals MAIN RriAD- STATE ROAD 25 SOUTHEILD. L.l.. N.Y. lll:::J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., C ['tAIRMAN SERGE DOYEN. JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI MINUTES REGULAR MEETING SEPTEMBER 17, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, September 17, 1981 at 7:15 o'clock p.m. at the $outhold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonls, Jr., Chairman; Serge J. Doyen, Jr.; Robert J. Douglass; Gerard P. Goehringer; Joseph H. Sawicki. PUBLIC HEARING: Appeal No. 2881. Application of James V. Righter Architects, 58 Winter Street, Boston, Mass 02108 (as agent for Jeremiah Bogert), for a Variance to New York Town Law, Section 280-A for approval of access. Location of Property: Clay Point (private) Road, Fishers Island, NY; bQunded north by F.I. Sound; west by Kelsey; south by Private Road; ~east by Bogert and Vanatta; County Tax Map Parcel Item No. 1000-3-1-8 and 9. The Chairman read the legal notice and the appeal application pertaining to reasons for this appeal. MR. CHAIRMAN: is there anyone here to speak for this? MEMBER DOYEN: I spoke with the applicant this afternoon and told him that there was really no reason to appear, that the same reasons apply to this as apply to the Fransson Case, except that it being a better road it's the same condition. MR. CHAIRMAN: Ok. I'll make a motion closing the hearing and reserving decision. MEMBER DOYEN: Seconded. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to close the hearing and reserve decision in the matter of AppEal No. 2881, application for Jeremiah Bogert. Southold Town Board of Appeals -2- September 17, 1981 Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. * * * PUBLIC HEARING: Appeal No. 2846. Application of Patricia A. Bailey, RR ~1, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient road frontage of proposed Parcel 3 and insufficient area of proposed Parcel 2. Location of Property: Northwest side of Leslie Road and east side of Bay Avenue, Cutchogue, NY, (1000-97-4-11, 12 & 17). The Chairman read the legal notice in its entirety and the appeal application pertaining to reasons for appeal. MR. CHAIRMAN: Mrs. Bailey? PATRICIA BAILEY: I would just like to say I feel I would be better able to respond to any questions that you may put to me if I were better acquainted with the law. I have requested that the law be sent to me but I haven't received it. Could I have the law read if possible? (At this point an inquiry was passed to the secretary with reference to~ the 'Bulk Schedule o~!th~ Code~) MEMBER GOEHRINGER: We can show it to you Mrs. Bailey if you would like to look at it. This is the bulk schedule as I mentioned in here. MRS. BAILEY: Well, I'd like to know where they say that all land becomes one big lot. MEMBER GOEHRINGER: This co-mingled lot? MRS. BAILEY: I mean they were three lots. I want to know why they are now considered one lot. I understand that was the change in the taw. MEMBER GOEHRINGER: What page is the.excepted.~i~izt? SECRETARY: Section 100-12, I believe. MR. CHAIRMAN: This is based on the Building Inspector's disapproval, as follows: ...Please take notice that your application dated March 27, 1981 for a permit to subdivide three merged lots .... MRS. BAILEY: I want to know why they were ~erged. That's the question I'm putting to you. I had purchased three lots in different years, and when I went to get my will written out, I had found that I had one lot. MR. CHAIRMAN: That's because it was all in one name. MRS. BAILEY: I went down to the town when my husband was ~ Southold Town Board of Appeals -3- September 17, 1981 deceased; and asked to have them put in separate names and was told it was not necessary. MEMBER GOEHRINGER: What date was that? MRS. BAILEY: 1973. I was not notified. Would you like to hear the rest of my-- I want to know, what is the law? MEMBER GOEHRINGER: Mrs. Bailey, in 1971 we have under 100-12, on page 10006 an excepted list. And the excepted list starts out, I won't read the whole thing, it says: ...Ail ~f[~the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements ... I just showed you, which called for 40,000 square feet and 150 feet of lot width. Ok? And it mentioned all of the sub- divisions that were excepted from that particular area. Now your property is not part of a subdivision, so therefore it's co-mingled, and therefore that's the reason why you're here tonight. ~I~dib~very]happy to show you this area that's affected if you want to write it down, and look at it. MRS. BAILEY: Ok. Now may I go on? MEMBER GOEHRINGER: Sure. MRS. BAILEY: Ail right. I feel that since my land was bought prior to the law change, that the law should not be retro- active. Ok? My land was bought at three different times and over a period of 10 years. And also stated now that I went down to the town office and my husband, and I asked if I could have it in separate names. I was told it was not necessary. Ok? I did not know the law changed because of extenuating circumstances. At the time the law changed, my husband had kidney failure, therefore I was unable to read any papers. He was rushed to the hospital from Long Island, Eastern Long Island, with four days to live. Ok? The last year that he was alive, he was in a wheelchair totally paralyzed and I was putting him on the kidney machine twice a week, holding down a full-time job, taking care of him paralyzed, washing and bathing, and so on, and he was also holding down a full-time job. Now I really did not have time with all of this to read the news- paper, which I understand was in the newspaper and I should have understood. And I know I was in ignorance of the law. Ok? Accord- ing to your own words, you could not find my property and I waited three weeks for you to come and I would have shown you the property. Ok. According to the paper I received my frontage was 117 feet short, according to this piece of paper? You wrote it down it was 117 feet short. (Mrs. Bailey appeared to be referring to the written findings and decision of the Board made August 26, 1981 and approved by the Chairman 9/1/81~ !~ and the secretary assisted the Chairman in finding a copy of same that was within the file documentation so that ~he-!~ardi!~h~e~sy acces~sibility.) Southold Town Board of Appeals -4- September 17, 1981 MEMBER GOEHRINGER: It doesn't say short. Maybe you, I think we were referring to the 117 feet road frontage on Leslie Road. MRS. BAILEY: It says "short," right? MR. CHAIRMAN: It says, "...Parcel No. 3 would have insuffi- cient road frontage on Leslie Road of approximately 117 feet .... ~ MRS. BAILEY: But didn't you just say you needed 150 feet? MEMBER GOEHRINGER: Yes. 33 feet short. MRS. BAILEY: Approximately, 33 feet short. Ok. According to your estimate of my property, it's supposed to be 30;000 square feet, approximately? Ok, I had a builder draw up some papers and we recalculated, and it comes to 33,000 square feet. (The Secretary to the Chairman: The figures in the findings are approximate and we were off. I-~had~recei~ed' information in the office today that the figures were off, and when I recalculated it seems to be approximately 33,000 and Parcel No. 1 about 50,000. They are approximate.) (Mr. Chairman to Secretary: I think that's what it says here too.) MRS, BAILEY: It comes to over 33,000. I wrote the numbers up myself on the other page, that I had a builder draw up the plan. I feel that by subdividing, b~[~aking my~parcel one huge piece of land, you have devalued my land. Finally and foremost, I am griev- ing my case because I bought three separate pieces of land. I find that there were signatures on a piece of paper I now have one, and as I stated, this has reduced the value of my holding title to the land so that I cannot, if need be, give away a piece of land to any of the children; or in case of disaster and need the money, I could not sell off one piece of it. I feel that the piece of land, I feel that I had three pieces of land, .and he, justified, and happy with three pieces of land again. MR. CHAIRMAN: Well, it's something that we try to h~lp people live with the regulations that were made and not by us. MRS. BAILEY: I think it's only short like 14 feet, that piece of land. When I figured it out. MR. CHAIRMAN: The area will still be below when you have sufficient area to increase the lot. That's where the catch comes in. MRS. BAILEY: If you brought it over to my house it would be up against my barn. (Mrs. Bailey appeared to be speaking about the proposed lot lines between ~roposed Lots 1 and 2. The Chairman pointed out ~amez~o ~the Secretary for the record.) ~ Southold Town Board of Appeals -5- September 17, 1981 MRS. BAILEY: Most of the lots in!~the area 'are much smaller. MR. CHAIRMAN: We would have to have a certified survey of these lots with, the ones that have the buildings, spotted in them too, also and then we could go from there. That's what you need. A certified area of the lots. MEMBER GOEHRINGER: May I ~ay something-- just-- MR. CHAIRMAN: Go ahead. MEMBER GOEHRINGER: The estimates that were placed on the piece of paper that you had received that you were referring to before, Mrs. Bailey, they are of course estimates that were arrived at by this office. They are approximately 10% off one way or another. That's why this is one of the reasons we are asking for a survey. MRS. BAILEY: It's more than 10% off. When it comes to 36. MEMBER GOEHRINGER: But again, you have to understand at times we work on weekends and are unable to secure a telephone call either to Mr. Van Tuyl or Mr. Young in Riverhead and there- fore it's only an estimate when we estimate the square footage of the property. This is the reason ok? One_of the reasons why the Chairman 'iB~ asking for a survey certifying the actual square footage of the three parcels. MRS. BAILEY: That is as near accurate what I gave you as. I mean, even if you take off the 369 it still is as near accurate. It's still 36,000 square feet. (At this point the Chairman was reviewing the square footage calculated in the office and inquired of the secretary.) MRS. BAILEY: I have somebody that would like to speak in my behalf. MR. CHAIRMAN: Go ahead. MRS. FICHT: This lot is directly in back of my property and I have -- SECRETARY: I cannot hear Mrs. Ficht that well. MEMBER GOEHRINGER: May we ask you to use the microphone please? MR. CHAIRMAN: We can't hear up here and it has to go onto the tape, on the record. MRS. FICHT: Is it on? MEMBER GOEHRINGER: Yes. MRS. FICHT: The lot in question is directly in back of my ~ Southold Town Board of Appeals -6- September 17, 1981 MEMBER DOUGLASS: He has to put on the areas and the build- ings. It has to be of present date. MRS. BAILEY: In other words it's going to cost me about $500. Yes, it will. MEMBER DOUGLASS: Inever saw a survey that cost that much yet. MRS. BAILEY: Well, we're doing three pieces of land. MR. CHAIRMAN: Yes, but he has all the measuremenus there now. He just has to put the actual square footage in for each lot. MRS. BAILEY: I had to have one piece surveyed last year in back by Swiatochia. It cost me $125, for one, for 100, 450 feet. One marker. MR. CHAIRMAN: Yeah, but I don't think he should even have to come back for this, except that he wants to, if he doesn't have the buildings spotted on the property. MRS. BAILEY: He doesn't have it spotted. MRS. FICHT: If he would just spot them on the survey, would that be sufficient? MR. CHAIRMAN: Yes. But he would also have to put in the acreage on each, square footage of each lot. The area of each lot. They're of[such an odd shape, you can come close but there is still one of them there that has a kink in the frontyard line. If we do it, it could be way off. MRS. BAILEY: The only one that would have to have square footage on it then would be the side lot with the barns on it? The area in the back is already 5.9 or 5.9 something or other already put on there. MEMBER DOUGLASS: You should still have it put on there. MR. CHAIRMAN: No, I think the Board wants it put on for the other lots. MRS.BA~'EY: Couldn't that all be waived since the lots were purchased individually and before this law was put into effect? MEMBER GOEHRINGER: I just think that, the term arbitrary ~g- comes involved here. If you look at the past decisions Of this Board and the past decisions of the Suffolk County Planning Commission, you will see that everybody is really in the same predicament. We have had in the entire year one particular hear- ing before this Board concerning the same exact thing on Wells Road. And it's very, very important that you understand the way this whole thing came into being. And everybody seems to be in the same predicament. And that's all I'd like to say -- you would be very welcome to look at the file at any time, come into the office and look at the file for the one in question on Wells Road. m Southold Town Board of Appeals -7- September 17, 1981 (Mrs. Ficht continued:) property. I will have no objection to the property being divided. MR. CHAIRMAN: Thank you. SECRETARY: Do you have the lady's name? MEMBER GOEHRINGER: Can we have your name please, ma'am? MRS. FICHT: I'm Marie Ficht. MR. CHAIRMAN: Thank you. SECRETARY: Thank you. MR. FICHT: May I speak? MR. CHAIRMAN: Yes, sir. MR. FIC~T: I'm her husband, and I agree with what my wife says. Ok? MR. CHAIRMAN: Thank you. Is there anyone else to speak for this? Is there anyone here to speak against this? Do any members of the Board have any further questions? (Negative) I'll offer a resolution closing the hearing and reserving decision until a little later. MEMBER GOEHRINGER. Seconded. MR. CHAIRMAN: Regularly moved and seconded. All in favor? (All ayes.) Unanimously approved (to close the hearing). We would still want to have a certified survey of the three parcels~ MRS. BAILEY: Do I understand you have postponed it again? MR. CHAIRMAN: No. If we can get the survey and take a look at it, then we can make, come to a decision. MRS. BAILEY: How long would it take, after you get the survey? MR. CHAIRMAN: To get enough people together to do it. It might be a day or two. MRS. BAILEY: Thank you. MEMBER DOUGLASS: Mrs. Bailey will have to go for the survey. MR. CHAIRMAN: Yes. MEMBER DOUGLASS: She doesn't understand that. Do you under- stand that you have to have a licensed surveyor make the survey? MRS. BAILEY: The land was all surveyed and what you have before you is the survey that I got. ~ Southold Town Board of Appeals -8- September 17, 1981 (Member Goehringer continued): And you will see that these people have the same problem. MRS. BAILEY: If I came to you for the variance asking for five lots to be made in the back, one lot on the side, I woulH probably get that, right? MR. CHAIRMAN: You would have to go to the Planning Board for that. MRS. BAILEY: If I went to the Planning Board and have it done, and what I'm asking for here is just to leave.~it as is, and that's not good enough. I think my next step would be to have five lots made. And an additional lot next to me~~ would give me six building lots that I could sell, which means six more houses; which is what I don't want to do and I don't want anybody else to do it. Which I'm trying to avoid by doing it this way. This is what I am trying to avoid. I am trying to avoid any more houses built around me that we have r~ght now. To protect myself, and my heirs, is to have put down in my will that the land is to go to some, certain people that will not sell the land off. I am trying to avoid more building rather than make building. MEMBER GOEHRINGER: That's why I paralleled the case of the other variance because it's so very close to this one, Mrs. Bailey. And a decision has not yet been made on that one. MRS. FtCHT: But she must still have to have her survey? MR. CHAIRMAN: I beg your pardon? MRS. FICHT: She would still have to have the survey made? MR. CHAIRMAN: She has to have it made. It's a required thing. We couldn't make a decision and put down any set figures. MEMBER DOUGLASS: Where is that sheet that goes with these applications; it tells you right on there that ~ehas to have a survey. (directed to the secretary) (Mrs. Bailey was given a copy of the instruction sheet which shows which documents are required upon filing appeal applications. MRS. BAILEY: I thought this was my survey. So this is what I am asking you. I can go and get this done and this done and don't bother with this (5.9 acre parcel). MR. CHAIRMAN: What we're interested in right now is the area, in these (smaller parcels). MEMBER GOEHRINGER: And where the buildings lie on both of those parcels. ~ Southold Town Board of Appeals -9- September 17, 1981 MRS. BAILEY: Well on this one, the building is right up against it. MEMBER DOYEN: Every determination that we have to make requires an accurate survey certifying the dimensions and area. It's not just this case, but every case, and I don't think-- MRS. BAILEY: I still don't know What-- (remainder of statement was inaudible.) MEMBER DOYEN: It does have to be accurate and the only way we can be sure of that is to ha~e it certified by a sur- veyor. MRS. BAILEY: This is pretty accurate. MEMBER DOYEN: Pretty accurate, yes, but it has to be accurate. Especially when it's part of the record. It has not been done arbitrarily in this case. It's every case we require that an accurate survey for the land in question be made. MRS. BAILEY: I still would appreciate it if I could have a copy of the law, because I still don't know why the law would be retroactive. It's beyond me. MEMBER GOEHRINGER: Let me give you a copy of the "Excepted list." MEMBER DOYEN: When they update the zoning laws, that in effect is what they're doing, for practically every part of the ordinance -- we can understand where you are coming from. We appreciate what you're saying. MRS. BAILEY: Thank you (Member Goehringer gave applicant a copy of the excepted/!ist~of subdivisions from the Code). (A resolution was unanimously passed earlier in the evening that this hearing be closed and decision reserved.) PUBLIC HEARING: Appeal No. 2863. Application of Southold Marine C~n.ter Land Holding Corp., Main Road, Southold, NY (by Edward John Boyd V, Esq.) for a Variance from the deter- mination of the Building Inspector for: (1) insufficient buildable area; (2) proposed easterly lot will have existing buildings with insufficient sideyards, per Bulk and Parking Schedule, Section 100-81. Location of Property: South side of Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; County Tax Map Parcel Item No. 1000-56-6-2 and 3. The Chairman read the legal notice and the appeal application pertaining to reasons for this appeal. ~ Southold Town Board of Appeals -10- September 17, 1981 MR. CHAIRMAN: Do you have anything further to add, Mr. Boyd? EDWARD J. BOYD V, ESQ.: I think I stated the application very correctly. There's really not an awful lot that I can add. You have in front of you a copy of the map that's been drawn for this property with the proposed dividing line. I think you'll find that the dividing line does much more nearly divide the property into two equal portions than where the initial property line was when Mike Morris and Mary Morris owned the premises as individuals. The property was all joined together in 1972 when they formed a corporation for business purposes. What we are seeking to do now is to ~get permission from you gentlemen to sell off the westerly portion of the property to Mr. Wifsky of Albertson Marine. As you have probably noticed over the last couple of months, Mr. Wifsky has been in possession of it through a lease arrangement. I think you noticed there have been some rather improvements down there as well as some improvements on the Fishing Station portion of the property. It certainly looks more attractive than it has for many years, and I'm hoping that if we get permission to make this split, we will be able to con- tinue to improve it; and the entire area will become a credit to the Town. Quite a number of organizations a~e-awaiting decision of this Board -- Chemical Bank is rather heavily committed, very, very anxious to find out what's going to happen. They_~a~e the people who have given us the mortgage commitment, and plus the commitment is going to expire in a couple of days. We don't have an awful lot of time to waste with regard to this particular application. If there are any specific questions that any of you have concerning what we propose to do, I would be happy to address those questions at this time. MEMBER GOEHRINGER: Can you clear up-- MR. BOYD: Sure. MEMBER GOEHRINGER: for me a couple of areas, Mr. Boyd. Number one, we have what appears to be multiple-dwelling units. MR. BOYD: That's right. MEMBER GOEHRINGER: Do you have any idea how many units are in there? MR. BOYD: Uh- MEMBER GOEHRINGER: Maybe you could find out for us. It's not particularly necessary-- MR. BOYD: Twenty in each, I believe. I think it's 40 rooms if I'm not mistaken. May I add, all of this preexisted zoning zn Southold Town. The motel units, the fish business, the marina business~ The only thing that has come in since the zoning mn Southold Town is the large storage building across the way. This building, this property will be sold with the westerly portion of the premises. All of this is going off to Albertson Marine. Southold Town Board of Appeals -11- September 17, 1981 (Mr. Boyd continued): Southold Marine Center Land Holding Corporation is retaining every- thing over this way. MEMBER GOEHRINGER: What about this -- MR. BOYD: That's not a motel. That's a scallop house. It has not been a motel for many, many years. MEMBER GOEHRINGER: And this is a showroom up here? MR. BOYD: That is a showroom, well the westerly portion of it is used as a repair facility for the outboards. The easterly portion is a showroom for outboard boats and motors. MEMBER GOEHRINGER: May I ask you one other question? Why was the division drawn in this particular manner so that really there is very little access. There is actually no road access to this particular part, or'this p&~t of the subdivision? MR. BOYD: Because this particular building, what's labeled "two-story frame motel" on the map is necessary to the retail and wholesale fish business. This is the scallop house (referring to southwesterly structure), and this must go with this (referring to retail fish shop). So the dividing line had to go behind, or to the west of the scallop house, so that the scallop house would remain, the remainder of the fish business. MEMBER GOEHRINGER: Could you also find out how many boats are in berth in this particular area here, because again, I-- MR. BOYD: This, in this tail of land? MEMBER GOEHRINGER: Yes. MR. BOYD: There are no boats berthed on the land itself. MEMBER GOEHRINGER: Some of it's underwater, is it not? MR. BOYD: Not this. MEMBER GOEHRINGER: No? MR. BOYD: No. This is, what you see here is your ordinary highwater mark. There's bulkheading along here. This is above, this is all above. You've got approximately 32,000 square feet upland on the site. You've got another 45,000 square feet in the basin, which gives you about 77,000 square feet all total. MEMBER GOEHRINGER: 32,000 square feet for this piece over here then? MR. BOYD: ~m-hmm. ~ Southold Town Board of Appeals -12- September 17, 1981 MR. BOYD: No, there is nothing berthed here. It is used for some winter storage of stakes, for trap fisherman, and miscellane- ous storage, but that's what was being done when Mr. Morris operated it. I think Mr. Wifsky will probably use it a little bit more aesthetically, if nothing else. As you can see from the map, the former property line cut the piece into much more unequal sections than we have there now. MEMBER COEHRINGER: What's the present zoning on this? MR. BOYD: Business. C. MEMBER GOEHRINGER: C. Light Commercial. MR. BOYD: Light Commercial. Excuse me. I would also like to state that there is really nothing that can be done ~ 'fur%he~develop the area. You have the maximum usage of the buildings there right now. We can't add,anything more here. We can't add anything more on the strip between the marina and the Main Road, and certainly on the part across the way with the large storage building-- that's fully developed. Really, the only thing that this Board is doing is granting approval to sell off a portion of the premises, but you're not changing its usage in any way. MEMBER GOEHRINGER: Again my concern is though, how does one get to this part? MR. BOYD: That is very--it's taken care of at the present time in the lease between Albertson Marine and my client, Southold Marine Center Land Holding Corp. There will be in the deed granted access right-of-way to this portion. It will be speci- fically deeded. There are reasons for that. This portion is important to Mr. Wifsky's operation. It is also important that the small portion here remains With~.SOuthold Fishing & Marine Center. We intend to be able to unload fishing boats, not only on the easterly side there but also on the westerly side. So we will have to have access into this, vehicular traffic, and Budd's Pond Marina, Inc., Mr. Wifsky's operation needed vehicular traffic in here for his patrons to be able to load and unload and to service boats which may be berthed along the bulkhead line. So this has already been addressed in the documents between the two corporations, and when a deed is drawn there will be a deeded right-of-way guaranteeing access at all times for vehicular traf- fic to this and also pedestrian traffic along the side of the marina itself. That's already been taken care of. MEMBER GOEHRINGER: Thank you. MR. BOYD: Any other questions? MR. CHAIRMAN: Bob, did you have any? (Negative) Thank you, Mr. Boyd. Is there anyone else to speak for this? Anyone to speak against the application? (None) If not, I'll offer a Southold Town Board of Appeals -13- September 17, 1981 (Mr. Chairman continued): resolution closing the hearing and reserve decision until a little later on. ~ MEMBERS SAWICKI AND GOEHRINGER: Second. MR. CHAIRMAN: It's been regularly moved and seconded, all in favor? (All ayes) On motion by Mr. Grigonis, seconded by Messrs. Sawicki and Goehringer, it was RESOLVED, to close the hearing and reserved decision in the matter of Southold Marine Center Land Holding Co.rp., Appeal No. 2863. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. PUBLIC HEARING: Appeal No. 2865. Application of John J. Lee, Lakeside Drive, Southold, NY for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30(c) (6) (f) for permission to erect off-premises information at the north side of Main Road (S.R. 25), Southold, NY; (owner: H. Cardinal); bounded north by LIRR; west by Krukowski; south by S.R. 25; east by Zitek; County Tax Map Parcel Item No. 1000-56-2-1. The Chairman read the legal notice in its entirety and read the portion of the appeal application pertaining to reasons. MR. CHAIRMAN: Mr. Lee, do you have anything further to add? JOHN J. LEE: No, I have nothing further to add. MR. CHAIRMAN: You have written permission from the property owner on this? MR. LEE: Yes. I followed, sent the certified copies and I have written permission. It's on file. I filed them. They're from Mrs. Cardinal. MR. CHAIRMAN: Ok. Is there anyone else to speak for this? Anyone to speak against it? (None) MEMBER GOEHRINGER: I'll make a motion approving this Special Exception as applied for, subject to the usual sign conditions and subject to the~County Planning referral. MR. CHAIRMAN: I'll second that. You understand that it's just the usual conditions? MR. LEE: Right, I know. ~ Southold Town Board of Appeals -14- September 17, 1981 MEMBER GOEHRINGER: Do you understand the normal conditions, Mr. Lee? MR. LEE: Well, I have this man, he's taking care of it and knows them. MEMBER GOEHRINGER: Ok, fine. And~size of the sign-- MR. LEE: Yes. MR. CHAIRMAN: All in favor? (Ail ayes) The following are the findings and determination of the Board: Upon inspection of the property, the subject premises was found to contain an area of approximately 2.2 acres with approxi- mately 100' road frontage on State Route 25. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Goehringer, seconded by Mr. Grigonis it is RESOLVED, that John J. Lee, Lakeside Drive, Southold, New York, by Appeal No. 2865, be ~ranted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. Southold Town Board of Appeals -15- September 17, 1981 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said sign shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years~ except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Property: North side of Main Road, Southold, NY; County Tax Map Parcel Item No. 1000- 56-2-1. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, PUBLIC HEARING: Appeal No. 2875. Application of Southold Town Republican Committee, Sunset Laner Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(¢) (6) (f) for permission to erect sign advertising off-premises information at the north side of Middle Road (C.R. 48), Southold, NY [owner: N. Aliano]; bounded north by Latham and others; west by Mudd and Morris; south by C.R. 48; east by Charnews and Perotti;~ County Tax Map Item No. 1000-59-9-30.2. The Chairman read the legal notice in its entirety RENSSELEAR G. TERRY, ESQ.: I appear here on behalf of the Southold Town Republican Southold Town Board of Appeals -16- September 17, 1981 MR. ~CH2tIRMAN: What I would like to ask you, could I waive reading the appeal application and legal notice on each separate application? MR. TERRY: Since you may and you could consider them all at the same time, in the interests of brevity, if you wish, I think they all basically have the same purpose and unless there is some objection or some opposition. Certainly it's all right with me to certainly waive any reading. MR. CHAIRMAN: We don't see too many democrats around, so ~t~will probably be all right. MR. TERRY: Ail right. On behalf of the Committee, I ernestly solicit your approval of each of these applications, and do understand this isa temporary thing, that by the end of the first week in November they would be removed. MR. CHAIRMAN: Thank you~, Mr. Terry. The Chairman then went on to read each of the legal notices for each of the political off-premises-advertising sign applica- tions: PUBLIC HEARING: Appeal No. 2876. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Article IIi, Section 100-30(c) (6) (f) for permission to e'rect sign advertising off- premises information at the south side of Sound Avenue, Laurel, NY; bounded north by Sound Avenue; west, south and east by Reeve; County Tax Map Item No. 1000-120-3-7. PUBLIC HEARING: Appeal No. 2877. Application of Southold Town Rep~.lican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(c) for permission to erect sign advertising off-premises information at the north side of Middle Road, Peconic, NY; bounded north by Soundview Est.; east by Sepenoski; south by Middle Road (C.R. 48); west by Rich and another; County Tax Map Parcel Item No. 1000-74-2-12.2. PUBLIC HEARING: Appeal No. 2878. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to erect sign advertising off-premises information at the south side of Route 25, Greenport, NY; bounded north by S.R. 25; west by Fleet Lumber; south by L.I.R.R.; east by H.X. Construction; County Tax Map Item No. 1000-46-1-2.1. PUBLIC HEARING: Appeal No. 2879. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VI , Section 100-60 for permission to erect sign advertising off-premises information at premises located near the intersection of County ~ Southold Town Board of Appeals -17- September 17, 1981 Road 48 and Sound Avenue, Mattituck, NY~;~ bounded north by C.R. 48; west by C.R. 48 and Sound Avenue; south by Sound Avenue; east by Gilles Estate and LILCO; County Tax Map Parcel Item No. 1000-121- 2-2. PUBLIC HEARING: Appeal No. 2880. Application of.Southold Town Rep.ub!ican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission'to erect sign advertising off-premises information at the south side of Route 25, Cutchogue, NY; bounded north by S.R. 25; east by Nolan; south by Cutchogue Fire District; west by Kaelin; County Tax Map Parcel Item No. 1000-102-6-7. The Chairman read each of the legal notices in its entirety.- MR. CHAIRMAN: Is there anyone opposed to these signs? (There was no objection.) Hearing no objections, I will offer a resolution granting these applications as applied for and subj~C~_t~ the-~ual sign conditions. (A copy of the sign conditions was available for inspection.) APPEAL NO. 2875. ~outhold Town Republican C.ommittee. Upon inspection, the premises in question contains an area of approximately 16.7 acres with road frontage along County Road 48 of approximately 97 feet and approximately 341 feet. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Grigonis , seconded by Mr. Goehringer , it is RESOLVED, that Southold Town Republican Committee, Sunset Lane, Greenport, New York be granted permission ~o erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's Southold Town Board of Appeals -18- September 17, 1981 (Appeal No. 2875 continued:) consent is in effect. 2, Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said sign shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by slx feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years, except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Rropert~: North side of County Road 48, Southold; County Tax Map Parcel Item No. 1000- 59-9-30.2. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, ~ Southold Town Board of Appeals -19- September 17, 1981 APPEAL NO. 2876. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(c)(6) (f) for permission to erect sign advertising off-~ ~ premises information at the south side of Sound Avenue, Laurel. County Tax Map Parcel Item No.-1000-120-3-7. Upon inspection, the premises in question was found to con- tain an area of approximately three acres with approximately 200 feet of road frontage on Sound Avenue,' Laurel, New York. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Grigonis , seconded.by Mr. Goehringer , it is RESOLVED, that Southold Town Republican Committee, Sunset Lane, Greenport, New York be granted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. Southold Town Board of Appeals -20- September 17, 1981 (Appeal No. 2876 continued:) 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of servzces. Accordingly, said smgn shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years, except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Property: South Side of Sound Avenue, Laurel. County Tax Map Parcel Item No. 1000-120-3-7. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, ~ Southold Town Board of Appeals -21- September 17, 1981 APPEAL NO. 2877. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(c) for permission to erect sign advertising off-premises information at the north side of Middle Road, Peconic, NY; County Tax Map Parcel Item No. 1000-74-2-12.1. The following are the findings and determination of the Board: Upon inspection, the premises in,question was found to con- tain an area of approximately 5.3 acres with 370 feet road frontage on County Road 48, Peconic, New York. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or. its location; and ~that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it is RESOLVED, that Southold Town Republican Committee, Sunset Lane, Greenport, New York be g~anted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent iS in effect. Southold Town Board of Appeals (Appeal No. 2877 continued:) -22- September 17, 1981 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said sign shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said~slgn shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years, except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Property: North side of Middle Road, Peconic, NY. County Tax Map Parcel Item No. 1000- 74-2-12.1. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, Southold Town Board of Appeals -23- September 17, 1981 APPEAL NO. 2878. Application of Southold Town Republican Committee, Sunset Lane, Greenportr NY for a Variance to ~he Zoning Ordinance, Article VI , Section 100-60 for permission to erect sign advertising off-premises information at the south side of Route 25, Greenport, NY; County Tax Map Item No. 1000-46-1-2.1. The following are the findings and determination of the Board: Upon inspection, the premises in question was found to con- tarn an area of approximately 3.5 acres with approximately 134 feet road frontage on State Road 25, Greenport, New York. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or. its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion-by Mr. Grigonis , seconded by Mr. Goehringer , it is RESOLVED, that Southold Town Republican Committee, Sunset Lane, Greenport, New York be granted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. Southold Town Board of Appeals -24- September 17, 1981 (Appeal No. 2878 continued): 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said sign shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years, except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Rropert~: South side of Route 25, Greenport, NY. County Tax Map Parcel Item No. 1000- 46-1-2.1. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, Southold Town Board of Appeals -25- September 17, 1981 APPEAL No. 2879. Application of Southold Town Republican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to erect sign advertising off-premises information at premises located near the intersection of County Road 48 and Sound Avenue, Mattituck, New York; County Tax Map Parcel Item No. 1000-121-2-2. The Board made the following findings and determination: Upon inspection, the premises in question was found to con- tain an area of approximately 3.6 acres with approximately 705 feet road frontage on County Road 48, Mattituck, New York. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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, conven- ience and order of the town will not be adversely affected by the proposed use or its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Grigonis , seconded by Mr. Goehringer , it is RESOLVED, that Southold Town-Republican Committee, Sunset Lane, Greenport, New York be qranted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. Southold Town Board of Appeals -26- September 17, 1981 (Appeal No. 2879 continued:) 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said sign shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be mn effect for more than three years~ except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed heremn. Location of Property: Intersection of C.R. 48 & Sound Ave., Matt. County Tax Map Parcel Item No. 1000- 121-2-2. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass~ Goehringer, ~ Southold Town Board of Appeals -27- September 17, 1981 APPEAL NO. 2880. Application of Southold Town ~epublican Committee, Sunset Lane, Greenport, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to erect sign advertising off,premises information at the south side of Route 25, Cutchogue, NY; County Tax Map Parcel Item No. 1000-102-6-7. The Board made the following findings and determination: Upon inspection, the premises in question was found to contain an area of roughly 5,000 square feet with approximately 50' road frontage on Main Road (S.R.~25), Cutchogue, New York. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; that the circumstances herein are unique; that the relief if granted will not change the character of the neighborhood and will observe the spirit of the zoning ordinance; that the relief is not substantial in relation to the code require- ments; that if the relief is granted no adverse effects will be produced on available governmental facilities of any in- creased population; 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 us~ is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, conven- ience and order of the town will not be adversely affected by the proposed use or its location; and that the interests of justice will be served by granting the relief requested, sub- ject to the conditions as listed below. On motion by Mr. Grigonis , seconded by Mr. Goehringer , it is RESOLVED, that Southold Town Republican Committee, Sunset Lane, Greenport, New York be granted permission to erect an off-premises-directional sign, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Written permission of property owner for sign erection. Said sign shall continue only as long as the property owner's consent is in effect. Southold Town Board of Appeals -28- September 17, 1981 (Appeal No. 2880 continued): 2. Said sign permit is terminable at once at the direction of the Board of Appeals. 3. Purpose of sign must be directional in the public interest as distinguished from advertising of services. Accordingly, said smgn shall bear the words as generally indicated in this application and relating to "Election Day." 4. Said sign shall not exceed the size of four feet by six feet (4' by 6'). 5. Said sign shall not be erected prior to receiving Suffolk County Planning Commission recommendations; and after such approval said sign may not be erected prior to 30 days of the event for which it is advertised, and said sign shall be removed within seven days after the date of said event advertised, namely, Election Day. 6. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet (4') above ground. 7. Said sign may not be illuminated. 8. Said sign permit hereby authorized shall in no event be in effect for more than three years, except by approval of this Board after receiving written request no later than September 30th of each year thereafter and in accordance with all the conditions listed herein. Location of Property: South side of Route 25, Cutchogue, NY. County Tax Map Parcel Item No. 1000- 102-6-7. Vote of the Board: Sawicki and Grigonis. Ayes: Messrs. Doyen, Douglass, Goehringer, PUBLIC HEARING: Appeal No. 2874. Application of Matthew McKiernan, 970 Gin Lane, Southold, NY for a Variance to th~ Zoning Ordinance, Art. III, Sec. 100-31 for permission to con- struct new dwelling with an insufficient frontyard setback at premises located at the east side of Beachwood Lane, Southold; bounded north and east by Beachwooa Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel Item No. 1000-70-10-60. The Chairman opened the hearing at 8:17 p.m. a~d .read the legal notice of hearing and appeal application in its entirety. MR. CHAIRMAN: Is there anyone here to speak for this application? MATTHEW McKIERNAN: My name is Matthew McKiernan and it is Southold Town Board of Appeals -29- September 17, 1981 my application. MR. CHAIRMAN: Please speak into the mike so we can pick it up on the tape. MR. McKIERNAN: This lot has water on two sides, and the owner of the lot Mario Guzzaro did have a building permit 'from the Town and did have a DEC approval~to build on that lot~under the old ruleS of 1976. He elected not to build. I applied for a building permit, and I was rejected because we had insufficient front setback, and insufficient side setback. We have since gotten approval from the DEC and we,ve gotten approval from the County Health Department for the septic systems and well. And we're applying for some leeway on the front setback. MR. CHAIRMAN: Thank you. Anyone else to speak for this application? Anyone to speak against the application? EDWARD LADEMANN: Gentlemen. I represent the Southwood Property Owners Association, Incorporated, and would like to present to you a letter (The Chairman read the letter in its entirety, as follows:) ...To Whom It May Concern, The Members of the above-named Association do hereby oppose the granting of any variances for the proposed construction on Lot Number fifty-three, Map of Southwood, Southold, New York, Which directly con- flicts with the Covenants and Restrictions of said property dated November 24, 1953 and extended to June 26, 1983. Section A of said Covenants and~Restrictions specify that a minimum of forty feet frontyard setback be kept and a minimum or-fifteen feet sideline setback be kept. We oppose any variance to these restrictions. We would also oppose any permission to be granted that would allow construction more than the required two feet above the crown of the road. We also respectfully request that any further consideration to the granting of any variances on said Lot 53 be tabled until such a time that full compliance with the regulations of the Department of Environmental Conservation conscerning (sic) the minimum setback of seventy-five feet from the Mean High Water and full compliance of the required distance for the placement of the sewage system of one-hundred feet from mean high water have been met. Prior objections to construction on this property have been filed by the North Fork Environmental Council. This property also adjoins land under control of the Town Trustees and they should also be appraised of the situation. Southold Town Board of Appeals -30- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan continued:) We ask that no variance be granted that is in direct conflict with DEC regulations, Suffolk County Board of Health requirements and the Covenants and Restrictions of the above-named Association. Respectfully submitted, Southwood Property Owners Assn., Inc. /s/ Edward A. Lademann, Jr., President /s/ James Gundersen, Vice President .... MR. CHAIRMAN: Is there anything else? MR. McKIERNAN: I might add that the environmental group mentioned there were part of the D.E.C. hearing that we attended. They along with the D.E.C. hearing officers. MR. LADEMANN: I spoke with the North Fork Environmental Council chairperson on Monday evening and they are strictly against any variances whatsoever regarding the D.E.C. regulations. They filed an objection to this prior to 1976, and unfortunately they could not have a representative here tonight. But they are definitely against it. MR. McKIERNAN: Had a representative at the D.E.C. hearing. The Chairman read the following letter dated August 20, 1981 from the N.Y.S. Department of Environmental Conservation: ...Re: TW 15276-0177"A" Marlo J. Fusaro Dear Mr. McKiernan: N.Y.S. Department of Environmental Conservation staff requests proposed home location be moved 20' closer to the road (Beachwood Lane). This would place proposed home 50~ feet (instead of 30~ feet) from the tidal wetland boundary. Very truly yours, /s/ Charles T. Hamilton (cr) Alternate Regional Permit Admin. by Cathy Russell .... MR. LADEMANN: And they have granted permission for this? MR. McKIERNAN: Yes. MR. CHAIRMAN: Is there anyone else that would like to speak Southold Town Board of Appeals -31- (Appeal No. 2874 - Matthew McKiernan) September 17, 1981 against this? LINDA WISNEWSKI: I am Secretary of the Association and I would just like to know why this man was given permission to build his house closer to wetlands when other people in the last two years have tried to buy the same piece of property and have been told specifically that they would not be able to do so, under any circumstances. MR. CHAIRMAN: That I cannot answer. I don't know. Unless the properties were deeper and more room maybe. MRS. WISNEWSKI: No, it was exactly the same lot. And another -- the septic system that this man proposes to put in, these properties are very low and it borders on a creek that we fish in and we use. He is proposing to put his cesspools in when, we went down and checked this piece of property today. His stakes were at least 10' into the water. I would like to know how the Health Department can possibly approve a cesspool system that all know will seep into our creek? MR. CHAIRMAN: I don't know. It's not our say. Ail we can say is that it has to meet Health Department approvals and that's as far as we can go with it. We're not the experts. MRS. WISNEWSKI: As far as I can gather from the Health Department, they have been given permission as long as their cesspools, the bottom of their cesspools are two feet above the high water mark. That would mean that his cesspools would have to be placed on top of the ground that's now existing. And that fill would have to be put in to cover the cesspool. I want to know how this is possible? MR. CHAIRMAN: I can't explain it. I'm not that expert. MRS. WISNEWSKI: I mean I can understand that the Health Department gave this permzssion to do this, but you have to take it from our standpoint we live mn a community of homes where we have tried to keep the neighborhood and the homes in a fairly consistent manner. We're not trying to be unreasonable about this. But if this man ms planning to build a home that is going to be set on a mountain so that his cesspools and his house can be above the high water mark, what about the neighbors that live by hlm~ or are going to sit lower than him? What about the runoff from his house? And the wetland that are going to sur- round his house on two sides? MR. CHAIRMAN: Do you have any kind of spec's showing how high your dwelling will be? The property. MR. McKIERNAN: The ground is about slx feet (above mean sea level), maybe 5½ at the soil line. I brought the drawings in if you want to see them. Southold Town Board of Appeals -32- (Appeal No. 2874 - Matthew McKiernan) September 17, 1981 MR. LADEMANN: Mr. Grigonis? The information from Mr. McKiernan, ~could it be explained to everybody? MR. McKIERNAN: We applied to the County for the septic system (remainder of statement could not be picked up because Mr. McKiernan had his back to the board and was not using the microphone). MRS. WISNIEWSKI: But that~doesn't answer my question. You know what height!. What do you mean you don't know -- (Mrs. Wisniewski was not~!~peaking t~rough the chair and her entire statements were inaudible.) MR. CHAIRMAN: Let's bring it through the chair because you're going to get into a hustle and nobody will -- MR. McKIERNAN: I thought they just wanted to see it ( survey showing location and elevations.) MR. CHAIRMAN: Ed, you had something else? MR. LADEMANN: You say you have a letter from the D.E.C. giving permission for the setback. Does that D.E.C. approval give permission to stay within 100' for a septic tank, too? That's in the tidal wetlands regulations. I'm quite sure, .they must state their-- MR. CHAIRMAN: Well, I can't speak for the D.E.C., Ed. I don't know what all their requirements are. MR. LADEMANN: I read about their minimum setback. There's a minimum setback (remainder of statement could not be picked up because papers were rustled close to the microphone) .... from 100' landward from the most landward edge of any tidal wetland. They may have given him a variance on placing the building 50' (increased from 30') and it's still in conflict with our covenants and res- trictions. ADAM ZAVESKI: My name is Adam Zaveski, and I represent my daughter. She owns a home on the end of Crittens Lane. What we want to know is, do other rules overrun, if the restrictions abe-~being put on that property-- when we bought that house there before we got, signed any contract or anything, they gave us the restrictions that we would have to live up in the district in order to live there. That was a restriction of the community, of Southwood. Now, the Southold Town Zoning also has certain restrictions, do they not? Have they examined the property? MR. CHAIRMAN: Yeah, we were down there. Saturday morning. MR. ZAVESKI: And did they feel that there's room enough for a house there. I have no objections for a house to go up there absolutely, just as long as it's being lived up to the restrictions of the community and the zoning. I don't feel that Southold Town Board of Appeals -33- (Appeal No. 2874 - Matthew McKiernan) September 17, 1981 (Mr. Zaveski continued:) there should be any ~ariancss given to the property. MEMBER DOUGLASS: May I ask a question? MR. CHAIRMAN: Go ahead, Bob. If nobody has anything else to say, Bob would like to say something. Ks far as the covenants go, myself, I wasn't aware of just what they are down there. All we're concerned with, until we find out the stuff like is coming here now, if we do grant anything in the area like this it has to meet all the requirements -- the D.E.C., the Health Department, the Town ordinance, but the covenants unless we're aware of them we have nothing to say about them. And then even then we have nothing to say about them. Bob? MEMBER DOUGLASS: What he has partially explained to you is what I was going to explain. We cannot act on your covenants. We have to act on the Southold Town zoning. If the Southold Town zoning conflicts with your covenants, it's up to your individual community and their covenants to enforce their cove- nants. Not the zoning board. That has to go between you and the man who is going to build on one of your lots, and if your covenants are in order, he has to follow them. If there has been a violation of your covenants so that they are no longer enforceable, that's something else. But the only thing that we can act on is the Southold Town zoning. It does not work with us acting on your covenants. We have nothing to do with your covenants. That's between you and the property owner. MR. FARRELL (?) : What do you take into consideration when you act on the variance? Just the application itself, the fact that it meets certain requirements, or take the feel- ings in of the community? I keep hearing what you're saying-- it sounds like you're saying, if somebody asks for a variance they get it if they meet certain other requirements. Is that the care? MEMBER DOUGLASS: No. MR. FARRELL: : What do you consider then? MEMBER DOUGLASS: We issue or turn down on the Southold Town zoning part. Then from then on if your covenants are different, if they're stronger than our zoning, it's up to you to take it up with the property owner. MR. FARRELL: it a variance? It's a variance as I understand it. Is MEMBER DOUGLASS: Yes. Setbacks variance. MR. FARRELL: You have a choice. I'm asking you how you Southold Town Board of Appeals -34- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan) Mr. Farrell continued: decide that choice? MEMBER DOUGLASS: Well, we decide it on what the merits ofit are. MR. FARRELL: What are the merits? ALEX PORIANDA: 57 property owners say we have to abide by the regulations. SECRETARY: Excuse me, I cannot get everyone's name. I need the further gentleman's name. MR. FARRELL: My name is Farrell. John Farrell. SECRETARY: F-a-r-r-o-w? MR. FARRELL: E-l-1. SECRETARY: Ok. And the other gentleman's name please, in the blue jacket? You were speaking. ALEX PORIANDA: Alex P-o-r-i-a-n-d-a. MEMBER DOYEN: We take all the input we can get whether it's covenants or whatever, if it directly relates to the law or not. We're governed by the laws of the Town of Southold. We are here to take in all the input that the public wants to give us. MR. CHAIRMAN: Is there anyone else that wants to speak on this? ROBERT CHILTON: My name is Robert Chilton. I'm two pieces of property away from the piece we're talking about over there. I would just like to know before you go ahead on this thing, I'd like to get an idea what the top of his foundation level is going to be compared to the grade of the road. We all down there con- formed with this thing right down the line, and now here comes somebody and they're going to stick something up that's going to look like a castle sticking up on the end of this piece of property. It's not going to conform as far as I go. It can't. MEMBER GOEHRINGER: Mr. Chilton, we can't give you an estimate on that. We could ask Mr. McKiernan, is that correct, McKiernan, to go back to the surveyor and give us an estimate, but when we went down there we did visibly see the lot last Saturday. We did stop the car, got out of the car, we walked on the property. All right. We can't tell you what the eleva- tion is going to be. After some fill is put in, what we can give you is an estimate of what it's going to be. These questions should be addressed to us and possibly we'll try and get the answers for you. But it's very difficult sitting here Southold Town Board of Appeals -35- (Appeal No. 2874 - Matthew McKiernan) September 17, 1981 at a meeting and, you know, pre-supposing something that's down there, and I know it's very important to all of you, but I just wanted you to be aware of that. MR. CHILTON: Well, I can appreciate Mr. McKiernan's wanting the piece of property -- it's a nice spot and all, butto me it just don't look likea house belongs there. I mean plain and simple. And everybody else lis going to have to put up with something that they don't want to look at for him to put a houSe there. I got the same thing next door to me, the Southold Town Board granted a variance next door to me, 9'6" off the property line. And I got a house looking right out my window at me, for no reason whatsoever. The house had 45 feet on the other side it Could have went and they stuck it 9'6" from my property line. No reason for this variance, and it was granted just the same. It's up there. It's something we have to live with now. We don't want to have to live with another mistake. Thank you. MR. FARRELL: May I say something more. I have a contract on the property next door to Mr. McKiernan's, and if this house goes up with a variance against it, I assume you would give me a variance to build a house even higher, wider, I mean, that's how silly it's getting. If we're going to have a house sticking up and~ I'm going to put a house on that property, I would assume you give me the same benefit you gave him. t could move my house in line with his and higher. Even go 10 feet higher. MR. GUNDERSEN: One of the concerns is that by granting the variance to Mr. McKiernan is that there's four or five more lots to be built on within the commuhity. Are we, are you establishing a precedent if you grant the variance for others who come who have the same problems? MR. CHAIRMAN: We have to consider each one separately. And see just what's behind it. MR. ZAVESKI~~ The reasons I'm interested, my daughter's, our-property is an empty'lot right along side of us that's in the same condition as that one there although it does not go to the water. But it is a very low lot. Now if the variance is going to be given to build houses high, somebody might build on their property and go up above my house. You have to because it's very low in there, a very low lot. If them variances are going to be granted why it's going to ruin the community. SECRETARY: Your name, sir? MR. GUNDERSEN: Jim Gundersen. G-u-n-d-e-r-s-e-n. SECRETARY: Thank you. MR. CHAIRMAN: Chances are when they're building in these Southold Town Board of Appeals -36- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan continued) places they can't have anything, maybe a crawl space in most of them. So they don't raise them as high as you might think. If they're going to try a full cellar under them, because the bottom of the cellar would have to be eight feet above that. GENTLEMAN IN THE AUDIENCE: That would be six foot above my-- Eight feet above high water? MR. LADEMANN~ Can you visualize that on that lot? Eight foot above water? If you walked down there and you walked down to where the monument is on that lot, it's really impru- dent ~to think that such a thing could exist in that area. And based on that as President of this Association, I'm asking you to deny the variance on the grounds of our covenants and restrictions. MR. CHAIRMAN: Well, I don't know, according to the Flood Plain Map, it shows an 8-foot elevation in there. GENTLEMAN IN AUDIENCE: Eight foot? MR. CHAIRMAN: No, I didn't mean that. He's got, he has to be 8 feet above flood, the mean high water. MR. LADEMANN: You would have gotten your feet wet yester- day if you walked down there. ED HEINS: Mr. Grigonis. My name is Ed Heins, past President of Southwood Association. Did you people go down there during a high water flood tide on that to inspect that property, or was it at low tide? MEMBER GOEHRINGER: We were down there last Saturday~ Mr. Heins and at the same time we had seen a prior hearing tonight, which is Southold Marine, and we noticed that when we were at, this was about 10:30 Saturday morning, I thought it was fairly high tide. At Southotd Marine. I can't give you the exact time, we had 12 variances that we were going to inspect for, but it was some time early morning. I'm sorry, it probably wasn't flood high tide. MR. ZAVESKI: I was there yesterday looking over there, and southern boundary marker was at least 10 foot underwater away from the edge of the high'tide and it wasn't full high tide yet. In fact another hour the tide was supposed to be coming in. And on the northeast corner, on the town property I don't see any marker there. I don't know whether' that's been surveyed. I don't see any marker there. MR. LADEMANN: There were two stakes in the water yester- day afternoon at 2:30, and there were two stakes in the water approximately eight feet on the east boundary of that particular lot. Southold Town Board of Appeals -37- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan, continued:) MRS. WISNEWSKI: I would like -- this is the first meeting of this sort that I have come to. I was under the impression that the person applying for the variance has to show sufficient cause to get the variance. From this meeting so far, it seems that the town gives the variance to the person, any person who asks for it. Basically on the grounds that he has asked for it. He's asking for a variance to put the house 36 from the road instead of 50, and you are saying to him, yes you may and there are 30 people here that live adjoining to this man-- MR. CHAIRMAN: No one has said, "Yes you may." We're just taking down all the information. If he meets all the requirements and everything, he can take us to court, the town or you people and have his house put there. MRS. WISNEWSKI: What requirements does he have to meet for the town to allow him to build his house 20 feet closer to the road. MR. CHAIRMAN: The DEC,s permit. One of them. MRS. WISNEWSKI: That's all? MR. CHAIRMAN: Practical difficulties, if he is not able to use his property. MRS. WISNEWSKI: He doesn't own the piece of property. This man does not own this piece of property. MR. : Can the gentleman produce a title to this lot in question? MRS. WISNEWSKI: We would like to see his title that he owns this piece of property, because this man does not own this piece of property. Excuse me, but I just learned that the man does not even have a binder on this piece of property -- no binder, no contract, nothing on the property. He is asking for a variance on a piece of property %hat he does not own. It doesn't matter? I can come in here-- MEMBER DOYEN: Ail zoning matters go with the land. Anyone can ask for anything in the town, and anybody in the town could impose anything in the town. MRS. WISNEWSKI: He can get a variance to build a house-- MEMBER DOYEN: Not he can't get it, the variance goes with the land. A variance goes with the land. Individuals come and go and the variance stays with the land. However, so. He doesn't get the variance. In effect it is a land variance-- not the individual. MR. : Isn't it unusual for an individual-- MEMBER DOYEN: It is very unusual for an individual to ask . Southold Town Board of .Appeals -38- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan) MEMBER DOYEN (continued:) for something on a piece of property he doesn't own, yes. It's very rare, I must admit. But technically, legally, you're talking about the land and it doesn't matter who owned it. Anybody can ask anything as a practical matter. MR. HEINS : On that point then, sir, who then made the appeal for the variance. Was it the land or was it Mr. McKiernan? MEMBER DOYEN: I don't know. Who made this application? MR. CHAIRMAN: Mr. McKiernan. MRS. WISNIEWSKI: He can't. He can't do that. MR. HEINS : Because you're giving the variance on the property and he isn't the property. He's Mr. McKiernan. MEMBER DOYEN: He might never own it, but if the variance is granted on that land, it makes no difference who owned it. That's the point. It's not the individual. MRS. WISNEWSKI: You're trying to say that I could take a piece of property in Southold, any piece of property, and I could him here and ask for a variance? MEMBER DOYEN: Yeah. It's not the individual. The variance goes with the land. You die, or 100 years from now, that variance still goes with the land. It stays with the land. But as a prac- tical matter, only people who have an interest in the land might so apply. MR. where, right? : Meanwhile the property owners can go you know (At this point several persons were speaking at one time, and were out of order. Statements were no~ audible.) MR. CHAIRMAN: The thing is, you want to buy a piece of property and you want to build a house on it. YOU don't know whether you can or no~. You get permission from the landowner to go in and apply for the variance. If you can get the variance, you'll-buy the property. That's the way it comes out. Mr. Goeh- ringer had an idea here, go ahead. MEMBER GOEHRINGER: I'd like to recess this hearing until the next regularly scheduled meeting, at which time when we go out on inspections, and~we'd like to inform the Southwood Associ- ation at wh~ti~time we will arrive at the property site. We will meet you all there. Hopefully you can inform us once you receive our letter what the proper time would be, be it 10:00 in the morning on Saturday or 2:00 in the afternoon on Saturday. MR. : We could arrange for the meeting to be at high tide? Southotd Town Board of Appeals -39- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan, continued:) MR. ~ORIANDA : Can I just ask one question? MEMBER GOEHRINGER: Can I just finish my statement? Who shall we notify? Mr. Lademann? MR. PORIANDA: Mr. Lademann, President. I have just this one question, may I ask? It's economic perhaps or rhetorical-- what if a person is asking for a variance from the road, from the border, and maybe from the side, right? Wouldn't that indicate that there's no business for a house to be built upon that property if all these variances have to be obtained? Some- thing has to be wrong. I think if you look at the property carefully like we're suggesting, you'll see what's wrong. Thank you. MR. CHAIRMAN: Thank you. MRS. LADEMANN: I just wanted to say one thing. If this man does wann to build on the ~property, if you do give him the variance and all the things he does need, would it be possible for him to keep his house the same height as the adjoining houses, so it's of the -- according ~o the land. In other wozds if the house next door is three feet off the ground, then his should be three feet off the ground, so they look the same, so that you don't have to come along and you 'see one house, a three-story house. He's got enough there, a main floor, and if he stays six feet off the ground, he's got a three-story house. And it will not look nice. The same as Mr. Zazeski on the lot next to him, if the house there was kept the same height as the lower part of his property would look nice. But when you start giving people permission to build houses way up off the ground, it looks terrible and it's not going to add anything to the community at all. I mean the house that Mrs. Brown lives a few lots away. C1oseby. Now she's lived on the water, and if he keeps his house according to hers, not the same as mine because naturally the land runs down, but if she has say three feet from the original grade, then he should keep his house three feet from the original grade. It doesn't make sense, if Mrs. Brown keeps her house to look nice and why should he keep his house way up high? It's not right. MEMBER GOEHRINGER: To answer your question, Mrs. Lademann, last year in March the Town Board was forced to adopt a Federal Flood Plain Standard. We have Federal Flood Plain Maps which Mr. Douglass has just brought up here and showed the chairman. They specifically state what the elevation has to be. MRS. LADEMANN: Right, but why flood her house yet he is high and dry? It's not fair. In a new development I could see you doing this where .%here are no other houses. But there's only three lots left on the water. Why make an eyesore for three houses? MR. CHAIRMAN: That's out of our hands from now on. MRS. LADEMANN: Can't he make a variance from whoever made this silly rule? Southold Town Board of Appeals -40- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan, continued:) MR. CHAIRMAN: They're working on them -- some of the maps they claimed have been changed. We don't have copies of them yet. Mr. Tuthill has been fighting, he has gone to Washington I don't know how many times. In some areas they just don't make sense even. There's houses that's been there maybe 100 years and according to the map it should have been flooded every time there was a high tide and yet they never had any water on it. MRS. LADEMANN: Don't they have variances or something where there are bigger houses that originally have been there and all of a sudden a skyscraper has to go up? MEMBER GOEHRINGER: I should also point out to you, Mrs. Lademann, that Mr. McKiernan has the option of going for the Flood Plain variance-- MRS. LADEMANN: That's what I wanted to know. MEMBER GOEHRINGER: To reduce the height of the building in question. MRS. LADEMANN: To conform with what's already there. MR. SCOTT: Has anyone checked the well water for what fresh water is available on the lot? MR. CHAIRMAN: Well, that's the job of the Department of Health, I think. MR. SCOTT: Has it been done then? MR. McKIERNAN: No, I didn't do it because I didn't want to go through the expenses until we went through the variance proceed- ing. But that particular lot has an easement in its deed which allows the owner of lot 53 to go into lot 52 and take water from lot 52, and then the owner of lot 53 can go in and get potable wauer from 52. MRS. LADEMANN: Well how is he going to do it because your cesspool is right on the west corner. MR. McKIERNAN: The Board of Health has already approved the plan, if you go into lot 52 and past the cesspools-- MRS. LADEMANN: And then you would run the far side of his lot. MR. McKIERNAN: Very expensive. MRS. LADEMANN: Way to the left. And where are your cesspools, Mrs. Brown, on the east or the west side? MRS. BROWN: On the east side. MRS. LADEMANN: So in other words, his well is going to be Southold Town Board of Appeals -41- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan, continued:) along side her cesspool. MR. CHAIRMAN: The Board of Health has to clear them on that. EDWARD LADEMANN: Mr. Grigonis? One more question -- a notice is posted when the Department of Environmental Conservation holds their hearings? And these variances? They hold it without notice? MR. McKIERNAN: They'll put a notice in the paper. That's why I said, the Environmental Group, the North Fork Environmental Group lady was part of it. MR.~ LADEMANN: They told me that they opposed it. MR. McKIERNAN: They did oppose it. They came to the variance hearing, and the variance chairman, the DEC chairman of the meeting proposed that they allow me to go into Rizzaro (spelling?) within 50 feet. And she didn't oppose that. MR. LADEMANN: Did you ask for a setback from them on the cesspools less than the required 100 feet? I think that's one of the most important things here. People like Mr. 'zarsski, my- self and Mr. Chilton. We all like to take plans and ( ) I don't want to have to go over there and take things out of the creek that raw sewage is running into. And I think that they have seen certain water running into the creek. (Conversations were being held among the audience, not audible and not through the chairman.) MRS. HARDY: Can I ask Mr. McKiernan a question? Were you aware that we have restrictions and covenants? MR. McKIERNAN: Yes, ma'am. MEMBER GOEHRINGER: Could we have you name, please ma'am? MRS. HARDY: Mrs. Hardy. MR. CHAIRMAN: Now are you people all in favor of us coming down, and we will notify you? MEMBER GOEHRINGER: I'll make that in the form of a motion. MR. CHAIRMAN: Ail right. I'll second it. And we'll recess the hearing now until the next regular meeting, and when we are down there we will tell you what time your~hearing will come back up. By that time we'll have it scheduled so- MR. LADEMANN: What is the night of that meeting, Charlie? MEMBER GOEHRINGER: We'll tell you when we go down for the inspections. Southold Town Board of Appeals -42- September 17, 1981 (Appeal No. 2855, Richard Posselt, continued:) MR. POSSELT: He's calling that the sideyard. MEMBER GOEHRINGER: Rearyard. MR. BATTERSBY: Is this the rear of your house? MR. POSSELT: Yes. MR. BATTERSBY: So I would interpret that as the rearyard then. 15 feet, you wouldn't come any closer than 15 feet to the property line, regardless of which way you turn the house? MR. POSSELT: No, I tried to twist the house to give me a little bit more, this way gives me the most room. MR. CHAIRMAN: If you twist the house then you're going to have a problem with this setback from this corner to the road. MR. POSSELT: Right, right. Too close. It would maybe even be good because that's on a 30-foot width. MR. BATTERSBY: The house, you're saying, is 30 feet deep? Is that what you're saying? MR. POSSELT: Right, but i don't think I want to go for over 28 feet. The extra two feet I'll be taking off the back. MR. BATTERSBY: This I presume is your cesspool then? My water point is here. Where's yours? Same place. MR. POSSELT: Richt here. MR. BATTERSBY: Oh yes. I have nothing further to add, Mr. Chairman. MR. CHAIRMAN: Any questions from anyone ~else? MR. BATTERSBY: May I request a notice of the decision? SECRETARY: You may call the office for the decision. MR. BATTERSBY: In other words, I keep calling, and calling and calling until you've said yes. Is that the idea? SECRETARY: A copy will be available to you at any time after the decision is made. MR. CHAIRMAN: Tonight we may have a decision. It might not be until 2:00 or so. MR. BATTERSBY: I don't envy your job. Thank you. Southold Town Board of Appeals -43- September 17, 1981 (Appeal No. 2855, Richard Posselt, continued:) MR. CHAIRMAN: You're just going to stay with the original plan then? MR. POSSELT: Yes. MR. CHAIRMAN: Is there anybody else to speak for this for any reason? (None) Anyone here to speak against it? MR. BATTERSBY: That's me. I'm Mr. Battersby. At the last meeting you said you were referring that letter to the Town Attorney for an interpretation ruling? MR. CHAIRMAN: Well, we will take it into consideration. MR. BATTERSBY: Yes. MR. CHAIRMAN: We'll have to take it into consideration, and when we do,~we'll make a decision. MR. BATTERSBY: My objection ms still on record, I presume. MR. CHAIRMAN: Right. This is just a recessed hearing to see if any new ideas came up. (Members Sawicki and Goehringer returned.) MR. BATTERSBY: May I ask one question? It seems that the notice in the paper is at odds as to what the actual~ application is. The paper states we're looking for a rearyard setback. You mentioned a couple of weeks ago, you were talking about a frontyard setback. Which is it? MR. POSSELT: Well, I'm going with the ormginal drawing on the thing. And it's just the determination of what you call rearyard or sideyard. That's my understanding. SECRETARY: There's an established frontyard and the building inspector is~saying that he does not need a variance for the frontyard, because it is established. That he needs only a rearyard variance. MR. BATTERSBY: So the variance is a rearyard setback? MEMBER GOEHRINGER: Right. MR. BATTERSBY: line? To what extent? How close to my property MR. POSSELT: Well, this, he says it's just a definition of what you call the rearyard. He can call anything the rearyard, so he's going to call this the rearyard. MR. BATTERSBY: In other words, the closest point, yQu'll be 15 feet away from me, is that correct? Southold Town Board of Appeals -44- September 17, 1981 (Appeal No. 2874 - Matthew McKiernan, continued:) MR. CHAIRMAN: We're not sure yet. MEMBER GOEHRINGER: We'll ~ell you the day we are at the site. MR. CHAIRMAN: It won't be before the 8th and no later than the 15th of next month. It'll be the 8th or the 15th, we're not sure yet. MR. LADEMANN: Who's going to, on this, do you want us to arrange a meeting with you or are you going to- MR. CHAIRMAN: We'd like to meet you people down there at the property, and tell you the time and stuff. MR. LADEMANN: Saturday? MR. CHAIRMAN: Yeah, Saturday morning, or Saturday afternoon depending on the tide. MR. boots. : On high tide if we have to meet, bring your On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess this hearing of Appeal No. 2874, application of Matthew McKiernan until the next regularly scheduled Regular Meeting of this board. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. Members Sawicki and Goehringer lef~ the room briefly. RECESSED HEARING: Appeal No. 2855. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Article III, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 Ole Jule Lane, Mattituck, NY; bounded north by Allsopp; west by Ole Jule Lane; south by Ole Jule Lane; east by Battersby; County Tax Map Item No. 1000-122-5-18. This hearing was recessed from the September 3, 1981 Regular Meeting of this board. The Chairman reconvened the hearing at approximately 9:00' p.m. MR. CHAIRMAN: Do you have anything more? RICHARD POSSELT: I dropped some maps off. go with the original plan. We are going to MR. CHAIRMAN: Bob, did you see the setbacks on the maps? MEMBER DOUGLASS: Down on the turn there, yes. Southold Town Board of Appeals -45- September 17, 1981 (Appeal No. 2855, Richard Posselt, continued:) On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Richard Posselt, Appeal No. 2855. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. The board members reviewed the instructions sheet provided for applicants in obtaining forms for applications to this board and instructed the secretary to re-type same, amended the instruc- tion sheet to include a request for lot coverage, lot area, and indicating ~that all sections on the forms must be filled out by the applicant. On motion by Mr. Goehringer, seconded by Mr. Gr±gonis, it was RESOLVED, that the next regular meeting of this board be and hereby is scheduled for Thursday, October 15, 1981 to be held at the Southold Town Hall, Main Road, Souchold, New York, commencing at 7:15 o'clock p.m. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to approve the Minutes of the June 11, 1981 Regular Meeting of this board. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 2881. Application of James V. Righter Architects (for Jeme~iah Bogert), 58 Winter Street, Boston, Mass. 02108, for a Variance to New York Town Law, Section 280-A for approval of access. The board made the following findings and determination: Southold Town Board of Appeals -46- September 17, 1981 By this appeal, appellant seeks a variance for approval of access, New York Town Law, Section 280-A to premises located on a private road, "Clay Point Road," at Fishers Island, NY. The right~of-way in question is 40 feet wide. It is the fe~ling of the Board that the road is adequate for egress and ingress. The Board finds that the relief requested is not substantial; ~hat.~he'relief~equested~i~ith~n. the spirit of the law; that the variance if granted will not change the character of the neighborhood; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the p~actical difficulties are unique; and that the interests of justice will be served by granting the variance as requested in Appeal No. 2881. On motion by Mr. Doyen, seconded by Mr. Grigonls, it was RESOLVED, that Jeremiah Bogert, by James V. Righter Architects, be granted a variance to New York Town Law, Section 280-A, for approval of access as applied for and SUBJECT TO THE FOLLOWING CONDITION: That the access road,s)be maintained passable at all times for emergency vehicles. Location of Property: Clay Point Road (private), Fishers Island, NY; County Tax Map Parcel Item No. 1000-3-1-8 & 9. Vote of the Board: Ayes: Messrs. Doyen, Sa~icki and Grigonis. Nays: Messrs. Douglass and Goehringer. (Messrs. Douglass and Goehringer felt that the access road should~3be improved to a width of 15 feet and maintained improved to ihsure easy accessibility and safety.) Southold Town Board of Appeals -47- September 17, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2873. Application of Sonny Brown, Box 473, Madison Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Section 100-118D for permission to use existing building as an automobile repair shop (and/or reestablish preexisting use to permit use as an automobile repair shop) at 73225 Main Road, Greenport; bounded north by the Village of Greenport, west by Wardowski, south by Main Road, east by Rutkowski; County Tax Map Item No. 1000-45-3-part of parcel 2. A public hearing was held and closed concerning this appeal on September 3, 1981. The Board made the following findings and determination: Appellant by this appeal seeks permission to operate an automobile repair shop at premises located on the north side of State Route 25, Greenport and zoned B-Light Business. The premises in question contains an area of approximately 5.1 acres and is improved with a concrete block building, a one- story frame building, and two small sheds. The subject premises fronts along the Main Road approximately 147.43 feet. It is the understanding of this Board that these premises have been recently utilized for lawn-mower and automobile repairs and prior to that solely as an automobile repair shop. The Board agrees with the reasoning of the applicant in this appeal. In considering this appeal, 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 this use is to be located, or of permitted or legally estab- lished uses in adjacent use districts; that the safelty, health, welfare, comfort, convenience and order of the Town will not be adversely affected by this proposed use and its location; and that the use will be in harmony with and promote the general purposes and intent of the code. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that a variance to the zoning ordinance as applied for in Appeal No. 2873, application of Sonny Brown, be granted to operate an automobile repair shop, SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals -48- (Sonny Brown Appeal No. 2873 continued:) September 17, 1981 Regular Meeting (1) That appliCant or his successor shall conform with the following prior to the operation of this business: (a) No major repair work is to be done out in the open; (b) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored out in the open. All vehicles to be serviced must be stored in the side or rear yard area and be properly screened (fenced). This storage area may not be forward of the front corner of this concrete building. There shall be no more than five vehicles in this screened storage area at one time. (c) Parking areas shall be laid ou~ as to avoid the necessity of any vehicle backing out across any public right-of- way and shall be located not less than ten feet from any property line. (d) Vehicle lifts or pits, dismantled vehicles, other than such minor servicing such as changing tires, shall be con- ducted within the building. (e) No sales of gasoline, fuel or flammable oils are permitted. (f) No motor vehicle sales are permitted. (2) In the event it is found that the subject premises are being used in a manner other than that permitted by this appeal, or are in violation of these conditions or of the zoning ordi- nance, the Board of Appeals may automatically terminte the relief granted hereunder; and the subject premises would return to its original lawful uses. (3) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: North Side of State Route 25 (Main Road), Greenport, NY; County Tax Map Parcel Item No. 1000-45- 3-part of parcel 2. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. Southold Town Board of Appeals -49- September 17, 1981 RESERVED DECIST©N: Appeal No. 2855. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 01e Jule Lane, Mattituck, NY; bounded north by Allsopp; west by Ole Jule Lane; south by OIe Jule Lane; east by Battersby; County Tax Map Item No. 1000-122-5-18. A public hearing was held on this matter on September 3, 1981 and recessed until September 17, 1981, at which time the hearing was closed after receiving all testimony concerning this apPeal. After investigation and personal inspection, the Board finds and determines as follows: By this appeal, appellant seeks permission to construct new dwelling at the southerly end of Ole Jule Lane, Mattituck, with a rearyard setback of not less than 15 feet, established front- yard setback of approximately 40 feet, and sideyard setback of approximately 50 feet. The premises in question contains an area of 16,120 square feet and has been in single and separate ownership since 1964 per information received from the Assessors' records of the Town of Southold. The Board agrees with the reasoning of appellant. The Board finds that the relief requested is not substantial 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 in- creased population; that the practical difficulties are unique; and that the interests of justice will be served by granting the relief as requested. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Richard Posselt be granted a variance to the zoning ordinance, Article III, Section 100-31 as applied for in Appeal No. 2855, provided that the setback from the easterly property line (currently abutting Battersby) be not less than 15 feet. Location of Property: 3145 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel Item No. 1000-122-5-18. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. Southold Town Board of Appeals -50- September 17, 1981 Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, authorizing the Chairman to respond to Mr. Frank J. Abbadessa's correspondence received September 8, 1981 indicating that the reasons for a rehearing are not sufficient to warrant a motion calling for a rehearing among the members. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. On motion by Mr. Grigonis, seconded by Mr. Goehrlnger, it was RESOLVED, that the following matters be scheduled and adver- tised for public hearings as required by law to be held at the next regular meeting of this board, to wit, October 15, 1981 at the Town Hall, Main Road, Southo!d, NY, as follows: 7:30 p.m. Appeal No. 2884. Virginia L. Wickham. Access approval off Old Harbor Road, New Suffolk, NY. 7:40 p.m. Appeal No. 2882. Toba L. Orro. New dwelling with insufficient front and rear yards at 435 Cleaves Point Road, East Marion. 7:50 p.m. Appeal No. FL-7. Toba L. Orro. Flood Law Variance. 8:10 p.m. Appeal No. 2883. Nina S. Fischer. Addition to dwelling with insufficient sideyard. 7130 Indian Neck Lane, Peconic. 8:20 p.m. Appeal No. 2888. Lenore Adamson. Division of property with insufficient area. Ships Drive, Southold. 8:35 p.m. Appeal No. 2885. Joseph L. Lizewski. To construct professional offices, in an A-Residential Zone and retain present use of one-family dwelling. 8:50 p.m. Appeal No. 2887. Dominick DeMaio. New dwelling with insufficient front and rear yards. Cedar Point Drive West, Southold. 9:00 p.m. Appeal No. 2886. Nicholas D. Yuelys. New accessory building in frontyard area. 56005 C.R. 48, Greenport. 9:25 p.m. Appeal No. 2889. Alan A. Cardinale. Drive-in roof addition with insufficient frontyard setback and reducing landscaped area. Main Road, Mattituck. 9:50 p.m. Appeal No. 2892. Peter and Patricia Lenz. Fence and entrance gate exceeding maximum height. Main Rd, Pec. 9:55 p.m. Appeal No. 2893. Mattituck Air Base. Addition to office building with insuff, frontyard. ~outhold Town Board of Appeals 10:05 p.m. Appeal No. 2895. off Mill Road, Mattituck. Vote of the Board: Ayes: and Sawicki. -52- September 17, 1981 Katherine Ebert.- Access approval Grigonis, Doyen, Douglass', Goehringer ENVIRONMENTAL DECLARATION: Appeal' No. 2884. Virginia L. Wickham. Approval of Access off Old Harbor Road, New Suffolk, NY. On motion by Mr. Grigonis, seconded by Mr. Goehrihger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Vi. rginia L. Wickham: 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 the subject project as proposed in this appeal application is hereby classified as a. Type II.Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessmen~ 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 application in question is only for approval of 'access, not for any new construction or subdivision. This declaration should not be considered a determination made for any other department or agency which may. also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 1000-117-3-1. 105 Old Harbor Road, New Suffolk, NY. Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. M~ssrs. Douglass, Goehringer, Southotd Town Board of Appeals -52- September 17,' 19.8T ' ENVIRONMENTAL DECLARATION: Appeal No. 2882. Toba L. Orro. New dwelling with insufficient fron~ and rear yards at 435 Cleaves Point Road, East Marion.' On motion by Mr. Grigonis, seconded'by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter ~f 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 Southotd Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II.Action, not having a significan~ adverse effect upon t~e 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. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive), East Marion; 1000-38-4-27. Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. M~ssrs. Douglass, Goehringer, - Southold Town Board of Appeals -53- September 17, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2883. Appiication of Nina S. Fischer. Addition to dwelling with insufficient sideyard at 7130 Indian Neck Lane, PeconiC. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Nine S. Fischer: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the-N.Y.S. Department of Environmental Censervation 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 in this appeal application 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 planned. The premises in question is located within 300 feet of tidal wetlands; however the project proposed herein will not be protrusive of the existing dwelling towards the wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 7130 Indian Neck Lane, Peconic, NY; 1000-86-7-8. Vote of the Board: Ayes: Doyen, Grigonis and Sawicki. Messrs. Douglass, Goehringer, Southold Town Board of Appeals -54- September 17,.1981 ENVIRONMENTAL DECLARATION: Appeal No. 2888. Appiication of Lenore Adamson. Division of property with insufficient area at Ships Drive, Southold. On motion by Mr. Grigonis, seconded 'by Mr. -Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Lenore Adamson: 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 the subject project as proposed in this appeal application is hereby c!assified as a Type II.Action, not havi~g a significant adverse effect upon th~ 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 project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Ships Drive, Southol'd; 1000-79-3- 9 and 10. Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -55- September 17, 198i ENVIRONMENTAL DECLARATION: Appeal No. 2885.. Appiicat±on of Joseph Lizewski. Proposed multiple professional offices in an A-Zone at Main Road and Ackerly Pond Lans, Southold.' On motion by Mr. Grigonis, seconded ~by Mr. Goehri~ger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Joseph Lizewski: 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 the subject project as proposed in th!s appeal application is hereby classified as a ~ype 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 planned. The project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Corner of S.R. 25 and Ackerly Pond Lane, Southold; 1000-102-2-12.1 and 11. Vote of the Board: Ayes: Doyen, Grigonis and Sawicki. M~ssrs. Douglass, Goehringer, Southold Town Board of Appeals -56- September 17, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2887. Application of Dominick DeMaio. New dwelling with insufficient front and rear yards at Cedar Point Drive West, Sou~hold. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Dominick DeMaio: 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 Southotd Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon '~h~ 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. This dec!~ration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Cedar Point Drive West, SouthOld; 1000-90-1-4. Vote of the Board: Ayes: Doyen, Grigonis and Sawicki. M~ssrs. Douglass, Goehringer, Southold Town Board of Appeals ~57- September 17, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2886. Application of Nicholas D. Yqelys, New accessory building in frontyard area~ On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Nicholas D. Yuelys:. 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 the subject project as proposed in this appeal application is hereby classified.as aI 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 bee~ submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is located within 300 feet Of tidal wetlands area; however the project in q~estion is not. protrusive of the existing dwelling towards the wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 56005 C.R. 48, Gre~nport; 1000'- 44-1-19. Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -58- September 17, 1981 ENVIRONMENTAL DECLARATION: Appeal No.~ 2889. Application of Alan A. Cardinale. ~Drive-in roof addition with'insufficient. frontyard setback and reduction of landscaped area. On motion by Mr. Grigonis, seconded by Mr. Goehrlnger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Alan A. Cardinale: ENVIRONMENTAL DECLARATION: Pursuant to Section6Ir~.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 in this appeal application is hereby classified-as a Type II.Action, not having a siqnificant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted whick indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: N/s Main Road, Mattituck; 1000- 142-1-26. Vote of the Board: Ayes: Messrs. Douglass, Goehrinqer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -59. September 17,~198i ENVIRONMENTAL DECLARATION: Appeal No. 2892. Appiication of Peter and Patricia Lenz. Fence and entrance gate, exceeding maximum height requirements. On motion by Mr. Grigonis, seconded by Mr. Goehri~ger, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Peter and Patricia Lenz: E~IRONMENTAL 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 the subject project as proposed in this appeal application is hereby classified as a ~ype II' Action, not having a significant adverse effect upon ~he 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 project in question is no~ located Within 300 feet'of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 38350 Main Road, P~c0nic; 1000'- 85-2-17. Vote of the Board: A_yes: Doyen, Grigonis and Sawicki. M~ssrs. Douglass, Goehringer, ~ Southold Town Board of Appeals -60- Sept~mbe~ 17, I981 ENVIRONMENTAL DECLARATION: Appeal No. 289~ Application of Mattituck Air Base. Addition to office building with insufficient frontyard. On motion by Mr. Grigonis, seconded 'by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Mattituck Air Base: 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 Southotd Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application 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 bee~ submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. . The project in question is not located within 300 feet of tidal wetlands area. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 410 Airway Drive, Mattituck; 10002 123-1-2. Vote of the Board: Ayes: Doyen, Grigonis and Sawicki. M~.ssrs. Douglass, Goehringer, -~ Southold Town Board of Appeals -61- September 17, 198! ENVIRONMENTAL DECLARATION: Appeal No.-2895 of Katherine Ebert for Mattituck Holding co.rp. approval of access. · Application Variance for On motion by Mr. Grigonis, seconded by Mrl Goehringer, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of 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 the subject project as proposed in this appeal application is hereby classified.as a Type II.Action, not having a significant adverse effect upon the environmen= 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 application is for approval of access, not for new construction or new subdivision of propertY, which will not have any adverse effects upon the environment in any matter. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: Right-of-way off West Mill Road, Mattituck; 1000-106-6-part of 13.3. Vote of the Board: Ayes: MEssrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. ~ Southold Town Board of Appeals -62- September 17, 1981 APPEAL NO. 2784. Request for REHEARING. ROBERT T. BAYLEY. WHEREAS, on May 14, 1981 this board received written communications from Mr. Robert T. Bayley stating reasons that he was unable to comply with the board's decision rendered April 2, 1981, and WHEREAS, at a Special Meeting held May 22, 1981, this board unanimously granted Mr. Bayley a rehearing on his Appeal No. 2784, without date, NOW, THEREFORE, on Motion by Mr. Grigonms, seconded by Goehringer, it was RESOLVED, that a Rehearing of Appeal N~. 2784, applica- tion of Robert T. Bayley be scheduled and a~vertised pursuant to law, which rehearing is to be held at the next regular meeting of this board, to wit, October 15, 1981 at 7:55 p.m. at the Town Hall, Main Road, Southold, NY. Vote of the Board: Ayes: Gr±gonls, Dpyen, Douglass, Goeh- ringer and Sawicki. This resolution was unanimously adopted. Being there was no further business to come before the board at this time, the Chairman declared the meeting closed. APPROVED Cllairman Board of Appea~ Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals RECEIVED AND FILED BY ~ SOUTHO~ TO%tN CLERK .ow._ C_erk, Town~~old