Loading...
HomeMy WebLinkAboutZBA-03/02/1984 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2=` SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GR, IGONIS. JR. SERGE DOYEN. JR. [~ I N U T £ S ROBERT J. DOUGLASS REGULAR MEETING JOSEPH H. SAWlCKI MARCH 2, 1984 A Regular Meeting of the Southold Town Board of Appeals was held on Friday, March 2, 1984 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen; Charles Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were Victor Lessard, Administrator (Building Depart- ment) and approximately 18 other persons in the audience at the opening of the meeting. The Chairman called the meeting to order at 7:30 p.m. APPEAL NO. 3195 - FRANK SIMON and GEORGE SANBORN. A few moments prior to the Chairman opening the public hearing on this application, Irving L. Price, Jr., Esq. appeared in behalf of the applicants as attorney requesting that the application be withdrawn without prejudice. The following action was taken: NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Douglass, IT IS RESOLVED, that Appeal No. 3195, application for FRANK SIMON and GEORGE SANBORN (by Irving L. Price, Jr., Esq. as attorney), BE AND HEREBY IS WITHDRAWN WITHOUT PREJUDICE to reapply. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. APPROVAL OF MINUTES: On motion by Mr. Sawicki, seconded by Mr. Doyen, it was ~ Southold Town Board or'Appeals -2- March 2,~1984 Regular Meeting RESOLVED, to approve the minutes of the following meetings as submitted: January 25, 1984 Regular Meeting, February ll, 1984 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Thursday., March 29, 1984 be and hereby is set as the date for the next Regular Meeting of this board to commence at 7-:30 o'clock p.m. and to be held at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3213. Upon application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rear- yard setback and (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5 (now 12.10). The Chairman opened the hearing at 7:36 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have also-a 1.6tter from Williamk W. Schriever, concerning this property, and a copy of the County Tax Map. We also have a copy of a survey prepared January 7, 1983 indicating the proposed placement of this particular extension and the approximate placement of the garage approximately five feet off of both lines, toward the north side. Mr. Price, would you like to be heard in behalf of this application? IRVING L. PRICE, JR., ESQ.: I would. Mr. Chairman. Members of the board. I have some pictures of the front of the ho~se as it is erected and in back of that car is where the garage would go; and this is one row of houses over east from Bay Avenue in East Marion, so the houses that you see in the background backing up - to this house are actually the backs of the houses that are facing on Bay Avenue. So, Mr. and Mrs. St. George's house already backs Southold Town Board o~Appeals -3- March 2,'~1984 Regular Meeting (Appeal No. 3213 - HENRY AND DOROTHY ST.GEORGE, cohtinued:) MR. PRICE continued: up to garages, and another garage, and really as far as I~m concerned is the side yard of the way this lot is laid out would be completely consistent with the general layout of other garages. That's as to the garage. And as to the extension, it is wished to place that on the south side of the house because it's a natural extension of the way the house is already laid out with the dining room and the family room, is coming out there. And it would only be nine feet short of the 50 feet required for a front setback, and as far as I'm concerned it's a side setback. If you approach the house coming down this way and here's the front of the house, there's the garage in the back. I know there's technicalities, but from the way I had been brought up believe houses are built--that's the way you'd come in, the side of the house, and there's the front of the house, and that's the back. Here's the back of these houses. It all coincides and I say maintains the spirit of the ordinance and the character of the neighborhood. MR. CHAIRMAN GOEHRINGER: May I ask you a couple of questions? MR. PRICE: You certainly may. And that is Mr. St. George in back if you have any questions I can't answer. MR. CHAIRMAN: I was wondering how tall the garage was going to be. MR. ST.GEORGE: It would be like a small salt box. MR. CHAIRMAN..: So the rear of the salt box would be-- MR. ST. GEORGE: Toward the back of the property~ MR. CHAIRMAN: That will be a one-story building with a little bit of storage up above? MR. ST. GEORGE: Yes-with a little bit of storage up above. Yes. MR. CHAIRMAN: And the addition would be a one-story structure? MR. ST. GEORGE: One-story. MR. PRICE: With a more or less continuation of the building, the house's roof line. MR. CHAIRMAN: What is the timeliness involved in this application-- are you ready to get started on this now or-- MR. ST. GEORGE: I'm going into closing o~ my house where I live now on the 15th of the month and I've got to be out, you know. MR. CHAIRMAN: Well, we had a little problem with this applica- tion in the respect that this was the lass application that we were going to view when we were out on inspections on that very bleek Southold Town Board o~Appeals -4- March 2,~1984 Regular Meeting (Appeal No. 3213 - HENRY AND DOROTHY ST.GEORGE, continued:) MR. CHAIRMAN continued: Saturday approximately two Saturdays ago; and it started raining profusely and we decided that not all of us have seen this parti- cular site and we all would like to see it, so I would assume there would be no acti.on on your application tonight, but hopefully within the next two or three weeks we would have a determination for you. Is that all right with you, Mr~ St. George? MR. ST. GEORGE: Sure. If it has to be, it has to be. MR. PRICE: Could we keep it open? In case there is anything I would like to add to the decision it could be added. MR. CHAIRMAN: The only way we could do that is if we recessed the hearing until the next Regular monthly meeting. Is that what you mean? MR. PRICE: I'm not saying that it would, but if you came in with obvious misconceptions, then I would want to have the oppor- tunity to correct it, if I could. MR. CHAIRMAN: Oh, yes. MR. PRICE: That's all I meant. That it wouldn't be so final that I couldn't correct anything that I thought possibly was an obvious mistake. MR. CHAIRMAN: Oh, yes. Do you have any building plan, Mr. St. G6orge - excuse me for readdressing him all the time. MR. PRICE: That's all right. MR. CHAIRMAN: Do you have any building plan on the garage? MR. ST. GEORGE: No, I only have a plan of what I Showed the builder approximately what we would like. But we're very flexible about what the garage would be. MR. CHAIRMAN: Because we would like to know the height from the existing grade to the top of the peak on the salt box. MR. ST. GEORGE: I would say probably no more than 12 feet if it is that high. It would be lower than the present existing house right now. MR. PRICE: There's one additional matter I would like to bring uputo the board. MR. CHAIRMAN: Go ahead. MR. PRICE: This property is~encumbered with a condition that in the covena, nts and restrictions that the front of the house can't Sou,thold Town Board o~Appeals -5- March 2,--1984 Regular Meeting (Appeal No. 3213 - HENRY AND'DOROTHY ST.'GEOrGe, continued:) MR. PRICE continued:' be any further west than Pohlig's property, and that prevents us from putting any extension out in the front so it has to be on one of the sides or the rear. As I said before, it's a natural -- dining room and a family room to have it over on that side. MR. CHAIRMAN: Is this what you're referring to--this letter. I don't know if you're aware of that and I did want to make you~. aware of it. (M~r. Price read the letter from William W. Schriever received for the record February 8, 1984.) MR. PRICE: Yes. That's it. MR. CHAIRMAN: Is there anybody else wishing'~to speak in behalf of this application? Is there anyone wishing to speak against this application? (No one). Hearing no further comments, I'll make a motion closing the hearing subject to any changes that might occur when we go out on inspection as Mr. Price so noted. MEMBER DOUGLASS: Second. MR. CHAIRMAN: Thank you very much for coming in, gentlemen, and have a good night. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing Subject to any changes that might occur ~s.a ~esutt..of the~board!.s.s~te inspection of the subject premises. Vote of the Board: Ayes: . Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3210. Upon application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Article XI, Section lO0-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-013. The Chairman opened the hearing at 7:45 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated November 2, 1981, and a copy of the Suffolk County Tax Map indicating this and surround- Southold Town Board o7 Appeals -6- March 2,~f984 Regular Meeting (Appeal No. 3210 - JAMES F. DRUCK III, continued:) MR. CHAIRMAN continued: lng properties. The proposed addition is approximately 33.9 feet by 19 feet. Mr. Druck, would you like to be heard in behalf of this? Mr. Druck, I have to swear you in on this particular testimony. There are certain reservations this board has. So would you raise your right hand, please? Do you solemnly swear that the statements that you are about to give us in this proceeding are the truth, the whole truth, and nothing but the truth so help you God? MR. DRUCK: Yes. MR. CHAIRMAN: What would you like to say, sir? MR. DRUCK: Well, we moved into the house in 1981 in the Fall, and our family is growing--our boys are getting older and we would like to create more space. That's basically the reason behind our proposal. MR. CHAIRMAN: When you had purchased the property, what was the nature -- when you said you moved in -- did you move into the front house or the rear house? MR. DRUCK: The rear house. MR. CHAIRMAN: The rear house. Ok. How was that house heated a% that particular time? MR. DRUCK: It was a gas heater in the house at that time. MR. CHAIRMAN: Was that heat sufficient enough to heat the entire structure? MR. DRUCK: We lived there the first winter. Yes. MR. CHAIRMAN: You did, only with that heating system? MR. DRUCK: Yes. We moved in in November and we heated it through the Winter of 1981 and the Spring of 1982 with that. MR. CHAIRMAN: What kind of heating system do you presently have? MR. DRUCK: The same. MR. CHAIRMAN: The same heating system? MR. DRUCK: Yes. MR. CHAIRMAN: Is that a sophisticated system or is that particular system just a central system? MR. DRUCK: Central system. Southold Town Board o~Appeals -7- March 2,'1984 Regular Meeting (Appeal No~ 3210 - JAMES F~ DRUCK III, continued:) MR. CHAIRMAN: Is there any basement under this structure? MR, DRUCK: No, there is not. That's part of our problem. There is obviously notrenou§h storage and with the sloped roof on the present house it eliminates much of the second story living space and the bed- rooms are extremely small. MR. CHAIRMAN: To your knowledge, was this structure ever rented by the prior owners? MR. DRUCK: Rented? MR. CHAIRMAN: Yes. I mean, did they live in this structure or did they live in the front structure or what have they done? MR. DRUCK: They were seasonal people also and to my knowledge it was rented--both houses were rented out, but what period, I do not know. When we purchased the house, I lived Upstate New York and was never in the house prior to my purchasing it. MR, CHAIRMAN: What type of C/O did you get when you purchased the house from the Building Department? Did you receive a Certificate of Occupancy? MR, DRUCK: I'm not sure if we ever did. I'm having my lawyer cheCk'that out. We have a private mortgage with the previous owners, and that was not a stipulation when we purchased it, and I'm not sure that e~ther house had a C/O at that time. MR. CHAIRMAN: It is usually not' the nature of this board to grant any additions as close as 1.69 feet to any property line. We want to make sure that a person has access to at least a portion of the sideyard of this structure -- in this particular case, this particular structure, so we're not in favor of the fact that it's a dwelling. Ok? So I'll refer to it as a structure, ok? MR. DRUCK: (Nodded yes.) MR. CHAIRMAN: So I could not see this board granting any addi- tion that w.ould be~any closer than maybe five feet and that has nothing to do with the existing structure. We're talking about the proposed addition. Because we think it would only worsen the sideyard at that particular point. Is this entire proposed addition a two-story additions extensively two-story throughout? MR. DRUCK: Yes. MR. CHAIRMAN: It is. What would be the nature of the foundation underneath that? Would there be a basement under it? MR. DRUCK: No. No. MR. CHAIRMAN: It would be a slab? Southold Town Board of Appeals -8- March 2, ~984 Regular Meeting (Appeal No. 3210 - JAMES F. DRUCK III, continued:) MR. DRUCK: A slab. I made an intent on going back close to the property line. I had an architect come in and look at it. It's a fact that that is a southwest facing wall, and our hope was to put a glass wall in there to get the maximum out for solar radiation. BY setting that back you would be creating a shadow line from the exist- ing house. And it would be kind of difficult to do. That was the reason we were requesting that~to extend the existing line back from basically in a northward direction. MR, CHAIRMAN: When you had purchased the houses was there any insulation in the structure? MR. DRUCK: Only in the ceiling. I discovered that after I purchased it. MR. CHAIRMAN: Were there any storm windows on the wall at all? MR. DRUCK: There were some on the second story which I have since removed and replaced those windows with more modern-type ones. MR, CHAIRMAN: And certainly it's a definite improvement. The structure is beautiful. It really is. MR, DRUCK: Thank you. We have a sort of a unique reason why we ended up with that particular house. I.was involved with a company Upstate New York, and we sold and moved down~.to this area. In the process myself and another gentleman came down with our families and con'tacted a real estate agent to took for look for property with two houses on it, and we got a call that this was available and we basically bought it over the telephone. I did. see it briefly about l0 minutes before-- we were very desparate at that point ~n time to find something. MR. CHAIRMAN: Do you think it would be possible for you to supply us with a copy of a C~of 0 on at least the rear struct, ure or whatever you have, whatever your. attorney can find; possibly an affidavit from the prior property owners that th~s particular structure was used as a habitable dwelling, yearround, and we can do one of two things: we c-an either recess this hearing until the next regularly scheduled meeting, or I can close the hearing. What do you suggest (to board members). Close it? MEMBER DOUGLASS: Yes. MR. CHAIRMAN: Well, this gent~6man may want to add something else, or his attorney may want to come down and represent him-- it's entirely up to you at this p~rticular point' We still have to go through and see if there is anybody that is against this application, but what is your feeling on this? Do you understand that if we close the hearing, there is no additional information except for the information I ask for that you will be allowed to present.and'this hearing. If I recess the hearing, you will be allowed to add additional comments. What would you like? Southold Town Board o~Appeals -9- March 2~Y1984 Regular Meeting (Appeal No. 3210 - JAMES F. DRUCK III, continued:) MR. DRUCK: I would like to have it recessed. Thank you. MR. CHAIRMAN: Recessed. Ok. Do you have any questions of the board at this particular point? MR. DRUCK: No, I don't. MR. CHAIRMAN: Well, I thank you very much. Would anybody else like to be heard in behalf of this application? (No one) Would anybody like to speak against the application? (No one) Questions from board members? (None) Hearing no questions, I'll make a motion recessing the hearing until the next regularly schedu.ted Regular Meeting. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess Appeal No. 3210, matter of JAMES F. DRUCK III until the next Regular Meeting of this board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ Doyen, Doug'lass and Sawicki. This resolution was unanimously adopted. MR. CHAIRMAN: Will that date be all right with you, Mr. Druck-- it appears it will be the 29th of March. MR. DRUCK nodded affirmatively. PUBLIC HEARING: Appeal No. 3212. Upon application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section t00-51 and Article III, Section 100-31, Bulk & Parking Schedule for approval of insufficient anea and width of two proposed parcels, and for permis- sion to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. The Chairman opened the hearing at 8:00 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a County Tax Map and a copy of a map dated June 14, 1983 indicating parcel "A" with 22,029 sq. ft. or .506 acre, and parcel "B" of .897 acre or 39,106 sq. ft. Mr. Tasker, would you like to be heard in behalf of the application? ROBERT W. TASKER, ESQ.: For the record, my name i.s Robert Tasker. I'm the Town Attorney representing the applicant which is the Town of Southold. I believe that the application speaks for itself. Essentially the Town of Southold has put in a bid with the United States Government to purchase property at Fishers Island consisting of two tracts. And this is being purchased for the benefit and use of the Ferry District of Fishers Island. Under the %erms of the offer to sell, the Town must buy everything that Southold Town Board of Appeals -10- March 2,-t1984 Regular Meeting (Appeal No. 3212 T~N. OF SOUTHOLD/VARTANIAN, continued:) MR. TASKER continued: is being offered by the Federal Government. We cannot buy that which we wish to use, We must buy it all. So consequently the town put in a bid for $695,0.00 to buy both tracts, one tract which is down near the ferry terminal will be used for 'Ferry District purposes, parking, traffic and storage. The tract, the parcel which is the subject of this application, is up on Whistler Avenue, adjacent to the~airfield. It consists of a parcel of about 1.4 acres. It has two buildings. Both of them are brick, very solid residential buildings. One building is a one-family building, which the Ferry District is in- terested in acquiring. The other building is a six-family brick building which they have no use for. So in order to obtain the properti'eS which they are interested in, they must buy them all. The Town has entered into a contract with Mr. Vartanian, who will purchase the six-family multi-residence parcel for $150,765.00. The waterfront parcel, and this is rather unique, is being purchased and the total cost of that acquisition is being donated by many of the taxpayers and residents of Fishers Island. The waterfront parcel, which has a value of $465,000 is being paid for ~y contributions by the residents of Fishers Island. I believe that this particular application is unique ..... The property by way of history was acquired by the United States Government in 1908 and they had built a fort there and they have held title to this parcel ever since. It has been used for residential purposes for military personnel and others. So there will be no change in the use of either of these parcels. There will be no ~ddit~onal person~people occupying the buildings. The buildings have municipal water and sewage systems servicing them. The two parcels after the division will be of a size similar to or greater in area than surrounding parcels. For all of these reasons, we believe that the case has been demonstrated for the grant of area variances to permit the reduction of the area of the multiple-dwelling unit. As to the parcel being retained, since it's in governmental ownership, it will be used for governmental purposes. It is not subject to the zoning code of the Town of Southold in any event, so we're really talking about the parcel to be sold by the town to Mr. Vartanian. And I respectfully request that this variance request be granted. If there are any questions, I'll answer them. MR. CHAIRMAN: Thank you, sir. Hopefully the questions that will be forthcoming will be from our representative from Fishers Island. So we'll wait and see. MEMBER DOYEN: It is very complete. There's nothing more to add. Southold Town Board o~/Appeals -ll- March 2,'-~984 Regular Meeting (Appeal No. 3212 - TOWN OF SOUTHOLD/VARTANIAN~ continued:) MR. CHAIRMAN: Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? Questions from board members? (None.) Just as a matter of statement, Mr. Tasker, as you know, this Board along with the Town Board every summer goes over to Fishers Island and every summer goes by these two structures, two dwellings, and we're extremely well aware of where they are, what their position is with the town, and so on and so forth. Bearing that in mind, I have no objection, as the chairman of this partiCular board con- cerning this application, but I will ask Mr. Doyen if he would like to offer a motion? MEMBER DOYEN: I'll make that motion approving this application. The board made the following findings and determination: By %.his ap.plication, appellant proposes a dj.vision of approxi- mately~l.4 adre~_gf land ~oca~e~on the north side of Whistler Avenue at Fish~rs Island. The division is a set-off of a parcel of land containing an_.area of .897 of an acre, or 39,106 sq. ft. with frontage along Whistler Avenue of approximately 312 feet, which is depicted as Parcel "B" on survey p~.epa~red June 1~, 1983 by Chandler, Palmer and King._ Th~ tract shown as 'Parcel "A" will contain an area of .506 of an acre, or 22,029 sq. ft, with 170+ frontage al'ong Whistler Avenue and-will be retained 'by the Town of Southold for use by the Fishers Island Fer'ry District. Parcel "A" is not subject to.the Town's Zoning Code. " Existing on proposed Parcel "B" are a 25' by 25' accessory build- ing and a brick si..x-f.amily dWelling, which has continuously been used as such prior to the enactment__of the Zoning Code. Existing on Parcel "A" are a 20' by 25' accessory building and a brick one-family dwelling. ThE premises are served by communal sewer and water systems. The board members h"ave personally visited the site in question and are familiar with the surrounding neighborhood. The entire premises in question are and have been owned since World War t by the United States Government ano formed a part of former Fort H. G. Wright. The premises on the westerly side are zoned "M" Multiple Residence and are owned by~th6.~,FSs~ers Island Union Free School DiStrict. The premises to the_9outh of Whistler Avenue is zoned "B-I" Business and consists of the Fishers Island Ainyield. For the record it is noted that the followi.ng documents hawe been filed suppor, ting this application: (a) Letter of Acceptance dated December 21, 1983 from the U.S. Government, General Services Administration to the Town; (b) September 14, 1983 Offer to Pur- chase; (c) January 12, 1984 Contract of Sale between the Town of Southold and Paul D. Vartanian. In cons'~dering this appeal, the board determines: (a) that in .~ granting the relief requestgd, no adverse effects will be produced on Southold Town Board ~f Appeals -12- March 2,'1984 Regular Meeting (Appeal No.. 3212 TOWN OF SOUTHOLD/VARTANIAN, continued:) available governmental facilities of any increased population since the uses are not to be greater in number than exists~ (b) that the abutting premises are also being used for multiple-dwelling purposes and therefore the relief requested will not produce a change in the character of the neighborhood or produce a substantial detriment to adjoining properties; (c) that the difficulty cannot be obviated by some method which might be feasible to appellant other than by the grant of this application; (d) the lot area of Parcel "A" will have 55.07% of the requirements of the Bulk Schedule applicable to the "M" Light District and 81.48% of the required width; the lot area of Parcel "B" will have 97.78% of the required 40~000 sq. ft. applicable to the "M" Light Multiple-Residence District, therefore the relief requested is not substantial, especially when compared with those parcels in the immediate neighborhood; (e) that the circumstances are unique; (f) that the relief requested will be in harmony with and promote the general purposes of zoning; and (g) that the inter- ests of justice will be served by granting the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it is RESOLVED, that the application for PAUL D. VARTANIAN and the TOWN OF SOUTHO. LD, BE AND HEREBY IS APPROVED AS APPLIED FOR in Appeal No. 3212. Location of Property: North Side of Whistler Avenue, Fishers Island, NY; County Tax Map Parcel District 1000, Section 009, Block 10, Lot 009. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3174. Upon application for PATRICIA STEGNER, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law, Article 16, Section 280(A)[3] concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. The Chairman opened the hearing at 8:15 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map show- ing this property and the parcels in the immediate area. We also Southold Town Board o~Appeals -13- March 2~1984 Regular Meeting (Appeal No. 3174 - PATRICIA STEGNER, continued:) MR. CHAIRMAN continued:) have a copy of a survey dated April 28, 197,6 (updated March 4, 1983) indicating this property of approximately 8,033 sq~ ft. and lot width of approximately 88.92 feet, depth 89.85~feet approximately. Mr. Bruer. RUDOLPH H. BRUER, ESQ.: Rudolph Bruer. Main Road, Southold, New York. I represent Mr. and Mrs. Stegner who purchased this property as stated in the application in 1976. They did so with the idea in their minds that they had three separate pieces of property. I don't know if it's before the board, I didn't hear that it was mentioned. Surveys had been prepared showing the three pieces of proper%y~that they purchased. (Mr. Bruer submitted copies of an updated November 22, 1983 survey prepared by R. VanTuyl, P.C.) As you can see, the property in question where they would like to build is on a canal. They do have a residence which is across a private road as you can see on the map, and is owned by Mr. Stegner. The road is owned by both of them, and I believe the property here is owned by Patricia Stegner. What we would like to do basically is to make the roa~ and the property that we would like to build on into one lot, and to increase the square footage of the subject premises. To document the fact that at the t~i. me they purchased the property, I submit here deeds that con~eyed the three pieces of property to them as separate parcels. The problem that arose ~s that the grantor of thi's property purchased the property on three separate occasions but.took the property in one name as a husband and wife, Thomas and Virginia Rolleston. They purchased the property, the piece where there is presently a house located, on that survey, back in 1966 as you can see by this deed. They purchased the lot across the street with is the subject of this application in 1970, and they got the road from Julius Zebroski also in 1970 but at a different date. So this is mostly to substantiate the fact that when they pur- chased it and up until they went for a building permit, they honestly believed they had three separate lots and had the ability to be able to build on it. As a matter of fact, at the time of purchase and I~guess since the time of the acquisition, they do get three separate tax bills; one for the road, one for the house and one for the lot. As the application states, the Health Department has approved the location of the well. I have a copy of their map showing the pool and the well location. Also you have before you the D.E.C. approval. Granted, there's no question about it--it's a very small lot. But it fits in with the neighborhood. The pr~operty as it is used now is bulkheaded and in the summer they do keep their boat there, but they find that, Number One, it is quite inconvenient because it is across a road, and they also find from their own experiences and from complaints from the neighbors S~uthold Town Board 6~ Appeals -14- March 2,~1'984 Regular Meeting (Appeal No. 3174 - PATRIC'IA~.STE~NE~ co~tinued.:) MR. BRUER con~inu~-~ ........... that the area where the building is proposed has a tendency to be used as a park--people come there using it in the evenings, or trespassers When people are not around~, particularly in the non-summer periods. We feel that this would, by having a building there which would eliminate that problem and eliminate an area that is in a sense a bit 6f a nuisance, to the adjoining landowners. I believe based on the papers submitted there that you will agree that there is no problem of the public, health, safety or welfare created by this. To the contra~ry the Health Department has acquiesed in it as well as the D.E.C. Again, to deny the application you really will be creating a hardship for these people_.because ~_hey will not be able to use the property, a practical difficulty, for the purpose for which they originally bought it. They bought it with the idea as time went on, when they got some mo~ey, they would be able to put a house that they want on this particular lot. Again, they~would be~'very, happy to make the road part of the lot, also~increasing the size of it. And I think this is a situa- tion where it's unique, not found by other properties in the area. The property is cut down based upon the way the canal was cut out. We also happen to have a fresh spring there which eats away at that area, making it much smaller than say the property to the north and a little bit to the south. If you look at the overall tax map of the area, you'll see that most of the houses on the properties to the south are substantially of the same size, maybe a little bit bigger, and I think this would be helpful to the community and the neighborhood. I have here, if the board would like to see it, pictures of the subject property. MR. CHAIRMAN: Mr. Bruer, do you know the approximately square footage of the road? MR. BRUER: Just~by doing a calculation~ it's 50' wide. MR. CHAIRMAN: I can figure it-- MR. BRUER: You'll notice that from these pictures, that the area that is used is only 15 feet, and if I may point out to you, where the proposed-well would be, there is plenty of property in the road. The road consists of all this grass area here plus way over here (referring to pictures). And there is plenty of area here where to place the well. It's 370' long by 50' wide. MR. CHAIRMAN: Do you have any idea how large of a house they - plan to build on this.property? Southold Town Board ~f Appeals -15- March 2~ 1984 Regular Meeting (Appeal No. '3174 - PATRICIA'STEGNER~ continued:) MR, STEGNER: Eleven-hundred square feet. MR. BRUER: This is Mr. and Mrs. Stegner here. It would be 1,100 sq. ft. By the way, here's another picture showing across the way and the .houses ~ex.t door. MR. CHAIRMAN: Mr. Lessard asked me, he said of course, the remaining property owners going out to Bayview Road having a right-of-way over the same. parcel, is that correct? MR. BRUER: Of course, yes. It services the property to the south of us--there's no question about it. MR. CHAIRMAN: The reason why I asked the question about the size of the house normally means would they be returning for a variance for a side or rear, or frontyard, in the near future? MR. STEGNER: The only problem--if we were allowed to use a portion of the road that is not used--let's say, 35' of it, it shouldn't be a problem. MR. CHAIRMAN: The other thing, what's your timeliness involved in-this? Are you starting construction this spring assuming that this application was granted? We have asked our town engineer, Mr. Davis, to go down and inspect the road and he has not gotten back to us. I really hope that he didn't get stuck down there because we sent him down there on the worst day of the year, which was last Tuesday. MRS. STEGNER: And oh was it raining. MR. BRUER: They were.there. Was he there? MR. CHAIRMAN: At the same time we went down there with Mr. Lessard's car and we didn't want any lack of repour, so therefore we didn't venture over the road that very poor day that we were referring to with Mr. Price before. So there is going to be a little time involved hgre in finding out what Mr. Davis would require in his opinion. As you know, we don't necessarily take his opinion all the time. We have modified his opinion. So there will be some time involved here. MR, BRUER: I would be happy to leave the pictures during the term of the board's determination here-for a period of time until you make up your mind, if it might be useful. MR. CHAIRMAN: Yes. Ok. t guess what we would do, after we go through the group of people here and see if anybody ]~s here either pro or con concerning t_his, is close the hearing pending a receipt of an evaluation from Mr. Davis. And he is usually ver.y Southold Town Board o~Appeals -16-~ March 2~-1984 Regular Meeting (Appeal No. 3174 - PATRICIA STEGNER, continued:) MR. CHAIRMAN continued: prompt. And as I said, at this time of the year, sometimes people go on vacations and so on, so it may be a little while before we get to it.~ MR. BRUER: All right. MR. STEGNER: Just to mention one thing--there is no yearround residents off that road, and that if it snows or something, it won't be plowed because there's no one living there. There's no one using the road. MR. CHAIRMAN: What we're primarily interested in, Mr. Stegner, ~is support services like fire vehicles so that they would not be stuck if there was a fire down there--so the road would have to support them minimally. MR. BRUER: TheyJre aware of your preliminary requirements with respect to roads. MR. CHAIRMAN: All right. Does anybody else have any questions of Mr. Bruer? Mr. Douglass? Anybody? (None) Did you want some of these back? MR. BRUER: Leave it here for the file if you want. MR. CHAIRMAN: I think you gave me copies o'f that. Oh, no-- that was the original. Ok. No, I don't have a Health Department stamped copy. MR. BRUER: I don't have an extra one. It must be in my file. I'll make a photocopy for you, in case anyone wants to see it. MR. CHAIRMAN: Wonderful. Is there anything else you would like to say, Mr. Bruer? MR. BRUER: No, I thinks that's it. Unless there are other questions from the board. Thank you for hearing us. MR. CHAIRMAN: Is there anyone else that would like to be heard in behalf of this application? Anybody wishing to speak against the application? (No one). Being no further questions, I'll make a motion closing the hearing and reserving decision until we get an evaluation of the roads, which is the 280-A, subsection 3, part of this application, from Mr. Davis. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision pending receipt of a road evaluation report from Mr. Davis. Southold Town Board o~ Appeals -16-~ March 2,~984 Regular Meeting (Appeal No. 3174 PATRICIA STEGNER, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3209. Upon application of HARRY AND MARIE FAGAN, 52 East Lincoln Ave- nue, Valley Stream, NY 11580 for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. The Chairman opened the hearing at 8:35 o'clock p.m. and read the legal notice of hearing in ~ts entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map and sketch with a deck addition shown on a survey, however it does not show the limitation of the rearyard. HARRY FAGAN: Mr. Chairman, my wife and I have nothing to add to the application. MR. CHAIRMAN: Can you tell me what the approximatele distance would be fr'om the deck and the rear of the property? MR. FAGAN: I'm sorry I don't. MR. CHAIRMAN: Would you measure it for us--go out and take a nine-foot distance from the end of the building and go out to the point where you ~eel the rear property line is, from the point of the corner of the deck, and tell us exactly what that would be? MR. F2GAN: Sure. MR. CHAIRMAN: You could let us know next week some time. Just reiterating this particular addition will be an open deck and will never be enclosed? MR. FAGAN: Right. MR. CHAIRMAN: You have no object, ion to our putting that restriction on this deck? MR. FAGAN: No objection. MR. CHAIRMAN: I hope that you w. ill have no objection to 6ur putting a restriction on it that there will be no further rearyard _ reductions, because we're getting rather limited now in the.rear yard as you know. MR. FAGAN: That's it. Southold Town Board ~f Appeals -17- March 2,~984 Regular Meeting (Appeal No. 3209 ~ARRY AND ~RIE FAGAN, continued:) MR. CHAIRMAN: But we never know with subsequent owners though, and that's the reason we put that restriction. MR. FAGAN: t don't know if anyone else would be able to do anything there. MR. CHAIRMAN: Right. Is there anybody else that would like to be heard-- thank you, Mr. Fagan. Anybody w~shin§.tO~$peak~aga~nst this application? Board members? (Nothing). Hearing no further questions, I'll make a motion closing the hearing pending receipt of the figures that Mr. Fagan will be submitting. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing pending receipt of the figures as to the rearyard setback (at its closest point from the corner of the proposed deck addition). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3193. Upon application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. lO00-54-9-part of 18. The Chairman opened the hearing at 8:40 o~clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map showing this property and the surrounding area. We also have a copy of the original Wesland Subdivision Map indicating the lot in ques- tion, #108, #109, #110, #111, to be set off. Would anybody like to be heard in behalf of this application? CARLISLE COCHRAN,. JR.: The application speaks for itself. MR~ CHAIRMAN: Mrs. Epp, may I ask you a question? MRS. EPP: Yes. MR. CHAIRMAN: What do you. intend to do with the remaining lot? Are you going to come back to this board for another subdi, vision in years to come? MRS. EPP: Well, it remains to be seen what happens with this one. Mr. Cochr~n's family has been so nice to me through the years Southold Town Board ~ Appeals -18- March 2,-i984 Regular Meeting (Appeal No. 3193 - FRANCES D. EPP, continued:) MRS. EPP continued: and to my husband when he was aliveand 1 just thought it was the nicest thing to do~a-nd it's the opposite corner from my house and he's even going to build it if it gets this approval at the same angle as my house so that it would look very nice in the block. MR. CHAIRMAN: The reason why I ask you that question is it has been the nature of this board when we grant undersized lots in a subdivision, because as you know there is two-acre zoning at this particular time, to put restrictions on both parcels that they no longer be subdivided--no further subdivision. Do you have any objection to that particular restriction? MRS. EPPi: I guess not, MR. CHAIRMAN: Ok. Do you have any objection, Mr. Cochran? MR. COCHRAN: No, I do not. MR. CHAIRMAN: All right. Is there anybody else that would like to be~.heard in behalf of this application? Anybody like to speak against the application? Any questions~ from board members? (None) Hearing no further questions, I'll make a motion approving this application bearing in mind that both lots -- that there be no further lot reductions on either lot, no further subdivision. MEMBER SAWICKI: Second~ The board made the following findings and determination: By this appeal, applicant seeks to set-off a 26,200 sq. ft. parcel of vacant land in this block of property situated between Chestnut Road, Birch Road, Pine Road and Maple Road, as shown on a copy of an original Map of "Wesland Subdivision" which was prepared prior to the enactment of zoning. The entire premises is owned by Frances D. Epp, who plans to retain the remaining portion of this block containing approximately 48,000 sq. ft. in area with an existing one-family dwelling. The parcel to be set-off is depicted on the Wesland Map as 108, 109, 110, and 110, with 20D-foot frontage along Maple Road. The board members are ~mi~l~i~r.w~the property in question and With the surrounding neighbor~.~~ ~har'acter of the~ ~-~i~h-~ borhood is lots substantially smaller than that proposed and therefore under the circumstances lends it.self to the practical difficulties to the applicant. A majority of the surrounding parcels has been improved with one-family dwellings. In considering this appeal, the board determines: (1) that the practical difficulties are sufficient to warrant the granting of this applicationi (2) that the relief as requested is not substantial in relation to that generally existing in the neighborhood; (3) that the circumstances are unique; (4) that the relief will be in harmony with Southold Town Board ob Appeals -19- March 2,'-i1984 Regular Meeting (Appeal No. 3193 - FRANCES D. EPP, continued:) and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by allowing the variance applied for since there will be no adverse changes to the immediate vicinity of the premises. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3193, application for FRANCES D. EPP for approval of insufficient area as applied for, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That there be no further lot area reduction (or not further subdivided). Location of Property: Corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. lO00-54-9-part of 18. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Informal discussion: The Chairman and the board members discussed the feasibility of computerizing actions of the Zoning Board of Appeals together with the Planning and Building Depart- ments. All actions of the ZBA "go with the land" unless other wise indicated, and alt actions and files prior to 1978 were indexed under the "prior" property owners names--not by property location or County Tax Map number. The Planning Board is also having a problem in identifying the histories of certain parcels and its prior actions. Presently every application that is filed is researched by the ZBA secretary together w}th.~a~'chain of title" search of former owners to determine prior variances, etc. Further research is done by-the secretary with the Planning Board, Building Department and Assessors' files. The board agreed that even a micro-computer could save an enormous amount of time and duplication and triplication of research by other personnel in other departments, pa'rticularly i:f data-processed under the property identification numbers (rather than by property owners' names or file numbers). The board authorized further studies in this area. Southold Town B~ard o~-'Appeals -20- March 2, 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3170. DANIEL SHELLEY: Upon application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY f~-~ a Variance for approval of access, New York Town Law, Section 280-a, and a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two=lot division ~Ocated on a private right- of-way off the north side of Oregon Road, Cutchgoue, NY; County Tax Map Parcel No. 1000-83-2-4. The Chairman opened the hearing at 8:43 o'clock p.m. and read the legal notice of hearing in its entirety and .appeal application. MR. CHAIRMAN (GOEHRINGER): We have a copy of the Suffolk County Tax Map and a copy of the map amended October 18, 1982 indicating the right-of-way of some 3,078.08 feet to a jog in the road of approximately 100 feet to the subject premises. Lot No. 1 of the area of 1.766 acres and Lot No. 2, 2.106 acres. Mr. Olsen, would you like to be heard in behalf of this application? GARY FLANNER OLSEN, ESQ.: Yes, for the record, my name is Gary Olsen, an attorney having offices at Main Road, Mattituck. I'm representing the Estate of Daniel Shelley. In taking the average of the north line and the south line of Parcel #1 and multiplying it by the average of the easterly and westerly sides of Parcel #1, it appears that the Parcel #1 has an area of about 83,000 square feet. Ih doing the same type of mathmatical computation on Lot #2, the area is about 98,000 square feet. So it would appear that these parcels do meet the town requirements as far as area. If you take a look at the tax map, you can see that the surrounding parcels in the area would be generally the same size and shape as the parcels to be created. Simultaneously w~th this applica- tion, I have an application pending before the Southold Town Planning Board. Also, I sent your office a copy of the decision that was granted to a Murray Klapper, or Constance Klapper, or owns property to the east that contains access to her property over the same right-of-way and an access variance to Section 280-A of the Town Law was granted, Appeal No. 2232 back on December 6, 1976. Also there is a letter from Howard Terry dated June 14, 1977, who was then the Building Inspector of the Town of Southold who indicated that the road meets the requirements set by the Southold Town Board O~J~Appeals -21- March 2, 1~4 Regular Meeting (Appeal No. 3170- DANIEL SHELLEY, continued;) Board of Appeals for access to private dwellings and meets the intent of Section 280A of the Town Law. Also, I do have, I've submitted an application to the Department of Environmental Conservation and have a favorable decision and permit, Permit No. 10-83-0145, approving the subdivision. As I indicated in the application, this is a waterfront piece of property. The house that's presently on the property has been there for a long time. I believe the house predates the zoning ordinance. It's far to the east of the property and this is a natural setoff of one piece from another . It!~s not going to violate the intent of the present zoning rules and regulations and the only access this piece has is via right-of-way. I would be wil'ling to answer any questions you man have, if I can. MR. CHAIRMAN (GOEHRINGER).: After exami'ning the parcels we have no basic objection to the division, we do however, fee! that a very minimum amount of improvements and I use that term -- very minimum -- in certain areas, we did not ask for an evaluation from the Town Engineer. We rode over the entire right-of-way and pending the nature of any decision would be mini- mum imorovements to the right-of-way. And, again, based upon the time of the year and probably the worst conditions the right-of-way will freeze up. Thank you very much. Is there~anybody ellse who would like to be heard on behalf of this application. Anybody like to speak against the application? Hearing no further comments, I make a motion closing the hearing, reserving decision until later. Motion was madebyMr. Goehringer~ ~econde.d. by Mr.~Gr~gonis, a~d duly_c~rried to close the hearing.' V~te ~f th~ ~n~'~ NORTH FORK BAPTIST CHURCH., County Road 48, Mattituck, New York Appeal #~2~8: Hearing was opened at 8:52 p.m., legal notice read in its entirety. MR. CHAIRMAN (GOEHRINGER): I have three letters of objection and a group of fourteen names of people who had written Letters of objection on this statement, indicating objection to this change. Mr. Horton, would you L'ike to be heard? MR. HORTON: We, our reasons are stated in ther.e. The place we are asking to locat~ this house is reasonably sized as to the rest¥o~ the lots in the area~ and the setbacks would conform with no problem at all, until the advent of two acre zoning. Also, one thing I don~t kno~ if it's mentioned in there, if we are given permission to move the house, we would destroy the existing foundation, where the other house, so we would never come back and ask to rebuild that. MR. CHAIRMAN (GOEHRINGER) I forgot to ask you in the last hearing, be- cause, of course, you were placing this one over the top of the other one, what were y-o~ going to do with that structure, assuming this is granted? MR. HORTON: It will be bulLdozed away and taken away. Southold Town Board o~Appeals -22- March 2, 19~4 Regular Meeting (Appeal #3218 - NORTH FORK BAPTIST CHURCH , continued) MR. CHAIRMAN (GOEHRINGER): Is there any reason you sought that lo- cation as opposed to any other? MR. HORTON: It was wooded and off the side of the property. We had approached the Town Planning Board for a subdivision a few months ago~ which again, we got hit with this two acre zoning thing, and we backed off that and we saw the property and said, gee, it would'be a nice location for the pastor, who has a location in the back of the church in the woods, and we figured we could separate them from the church facilities proper. It is a nice looking piece of property. Thank you. MR. CHAIRMAN (GOEHRINGER): Okay, I thank you. Is th.ere anybody else who would like to be heard on behalf of this application? Anybody like to speak against the application? Questions from Board Members? We haven't discussed this, so I am going to have to close the hearing. MR. HORTON: Could you tell us what your objections were? MR. CHAIRMAN (GOEHRINGER): Well, ever since we had the windmill appli- cation, Mr. Horton, which was out in East Mar-ion, we had about 200 objections, whi. ch would have taken 2 hours to read, we have gotten counsel an~ we are not reading objections a'nymore, we are placing them in the file and telling people that they are there and they are welcome to read them. I wouLd be very happy, once I close this hearing to give you the file and let you read them. I don't want to destroy pre- cedence here. Is there anybody else who ~ould like to say anything else concerning thi.s application? Hearing no further comments, I make a motion closing this hearing, reserving decision until later. On motion by Mr. Goehringer, seconded 'by Mr, 'Douglass, it .was RESOLVED, to declare the hearing closed~pen, ding'~'e.liber'ati.ons in the Matter of Appeal No. 3218, for the NORTH E.ORK_. ~A~'IST CHURCH. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. Southold Town Board o~J<Appeals -._23-~_ March 2, 19~8~Z~ Regular Meeting RESERVED DECISION: Appeal No. 3204. Upon application of DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule for permission to construct addition to restaurant leaving an insufficient frontyard setback on Kenney's Road and North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-22 (Beachwood Cafe). The public hearing on this matter was held on January 25, 1984, at which time the hearing was ~losed after receiving testimony. The board made the following findings and determination: By this appeal, appellant seeks to construct: (a) a 12' by 35.5' addition along the westerly side of the existing restaurant leaving an insufficient setback at its nearest point from Kenney's Road property line approximately 14 feet; and (b) a 7.5' by 8' vestibule which would leave an insufficient setback from North Sea Drive at 22.8 feet. The entrance of the restaurant is off of North Sea Drive and also contains a wooden walkway at ground level which is set back 22.8 feet from North Sea Drive. For the record it is noted that the restaurant has been in existence since prior to the enactment of the zoning code (1957). Also, the westerly-side addition is proposed for additional seating and is to be a greenhouse-type construction. It is the opinion of the board that the variance be granted with the restrictions that the westerly-side addition not extend further than 10' to the west (rather than the 12~ proposed) leaving a setback of approximately 16' at its nearest point with Kenney's Road, and that a barrier be erected along the west side to the front of the building to help prevent, accidents into this glass construction. In considering this appeal, the board determines: (1) that the practical difficulties are sufficient to warrant the granting of this application; (2) that the relief as requested is not substantial in relation to that generally existing in the neighborhood; (3) that the circumstances are unique in that the parcel in question is a corner lot; (4) that the relief will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by allowing the variance applied for since there will be no adverse changes affecting the vicinity of this project. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3204, application Of DOUGLAS CASTOLDI, Southold. Town Board o-f Appeals -24- March 2,~984 Regular Meeting (Appeal No. 3204 - DOUGLAS CASTOLDI, continued:) be and hereby IS APPROVED~SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the westerly addition not extend more t~an 10 feet to the west (rather than the 12! as proposed); 2. That a barrier be erected from the rear of the building along the property line of Kenney's Road to the front of the building (to prevent possible accidents into the glass construction). Location of Property: Kenney's Road and North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-22 (Beachwood Cafe). Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3170~ Upon application for'DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance ~or approval of access, New York Town Law, Section 280(A), and a Var'lance to the Zoning Ordinance, Article III, Section 100~31, for approval of insufficient area of one parcel in this proposed two-lot division located on a private right- of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2=4. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed after.receiving testi- mony pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks: (a) approval of access over an existing, traveled right-of-way as indicated on the January 26, 1984 survey prepared by Young & YQ.ung havi'ng a length commen_cing at a point at the nort.h.~ide of ~regon Road 370.8.08 feet to the southerly line of land now or formerly of Klapper, thence westerly lO0' to the premises in question; and (b) approval of two proposed lots from the requirements of the B~lk Schedule. In researching the history of the parcel and right-of-way in question, a variance for approv~al of access was granted over this same right-of-way for a width of 15 feet on December 22, 1976 under Appeal No. 2232 to premises now or formerly of C. Klapper, County Tax Map District lO00, Section 83, Block 2, Lots 5 and 6. On June 14, 1977, the Building Department accepted the improvements to the right-of-way in accordance with the prior decision of the Z.B.A. The August 30, 1983 Notice of Disapproval from the Building Inspector has further required an "updated'~ review under New York Town Law since the right-of-way is in need of minor repairs and has also determined that variances from the bulk schedule are required. Southold Town Board ¢ Appeals -25-March 2, l~ ~ Regular Meeting (Appeal No. 3170 - DANIEL SHELLEY, continued:) In reviewing the survey submitted with the application, the board finds that Lot 1 would contain an area of 1.766 sq. ft. or a minimum of 80,000 Sqo ft. with 187.57' lot width, and Lot 2 would contain an area of 2.106 acres, which is more than the required 80,000 sq. ft. and 187.0' lot width. The survey shows an existing dwelling set back 209.8' from the southeasterly property line, approximately 184 feet from the proposed right-of-way within the subdivision boundaries, and having mo~e than the required rear and side yard setbacks. There appears to be compliance with the list of requirements under the bulk schedule and therefore variances from same in the board's opinion are not necessary under the circumstances. For the record it is noted that Local Law 7-1983 was passed May 20, 1983 requiring a minimum lot width of 270 feet; however Local Law 9-1983 was adopted and made effective August 16, 1983 which amended the lot width requirement to 175 feet. The board members have visited the right-of-way in question and find the right-of-way to be in good condition requiring only minor improvements. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the application for DANIEL SHELLEY for approval of access, Appeal No. 3170, be and hereby IS APPROVED SUBJECT. TO THE FOLLOWING REQUIREMENTS: That the potholes and ruts be filled and that the right-of-way be regraded its entire length and improved with 20% stone concentra- tion and 80% sand-loam mixture ~t a minimum width of 15 feet. Location of Property: Right-of=Way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000~83-2-4. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Gri§onis and Sawicki. Chairman Goehringer abstained. This resolution was adopted by majority vote. Southold Town Board o~/Appeals -26- March 2, 11984 Regular Meeting RECENT APPLICATION: Appeal No. 3222 JOHN WICKHAM, et al. Variance application for permission to use premises zoned "B-Light Business" at Main Road and Albertson Lane, Greenport, NY, as a marine contractor office and storage and repair of contractor's vehicles and equipment. In briefly reviewing the site plan filed today concerning this project, the board asked that the applicant and/or his attorney submit a statement certifying the activities and uses to be conducted on this parcel and within each building and the extent thereof, and that an application be made and comments received from the Southold Town Planning Board in accord- ance with Article VI, Section lO0-60(A) for site plan approval. On motion by Mr. Douglass, seconded by Mr. Goe'hringer, it was RESOLVED, that Appeal No. 3222, application for JOHN WICKHAM be and hereby is scheduled for public hearing to be held at the next Regular Meeting of the board provided that a statement certifying the activities and uses to be conducted on this parcel and the extent thereof, and comments from the Southold Town Planning Board concerning the site plan [Article VI, Section lO0-60(A)] be received by our off~ce prior to submission of our legal notice for the newspapers concerning hearings to be held at the next Regular Meeting (tentatively March 29, 1984). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. P.UBLIC'HEAR.INGS ~FOR NEXT REGULAR M.EETING: On motion by Mr.-1)-6-O-~-se~onded 'b~. Mr. ]_~nger-i-t was RESOLVED,.that the following matters be and hereby are scheduled for PUBLICHEARINGS to be held at the next R~.gular Meeting of this Board,?(tentati~y set.for March 29,.19'84 commencing at 7:30 p.m., and that the secret~y is authori'zed and diYected to publish notice of same pursuant to law .in ~he local ~n~--~6~-~-Tcial newspapers of the town accordingly: Appeal No. 3210 James F. Dru.ck III Appeal No. 3208 Oames A'. 'and Edna'-Mae Christis (if Planning Board comments are received 'by advertising date); Appeal No. 3224 Robert A. Campbell; Appeal No. 3192 Linda Miller Faul"kner; Appeal No. 3176 -Carol Plock~ Appeal No. 3224 - George and Natalie Wieser; ApDea't No. 3221 - Robe.rt Brown; Appeal No. '3228~- ~homas R~ and Barbara D. 'Mercier; (continued on next page)- Southold Town Board ~.-'Appeals -27- March 2, 19~ ~ Regular Meeting (Set-Ups continued:) Appeal No. 3184 - Peter and Pat~icia Lenz, provided DEC approval or letter of nonjurisdiction is received'p~ior to advertising)~ Appeal No. 3219 - Cross Sound Ferry Servi-ces, Inc., provided DEC comments are received prior to advertising; Appeal No. 3211 Mary Gri-gonis, provided Planning Board comments are received prior to advertising._ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by Knanimous vote of all the members.. NEW APPLICATION: Appeal No, 3225: JOSE V.''RODRIGUEZ. The documents in this file we~ ~viewed and i.% W~_s _~h~.co.Esensus of the board that this matter be held temporarily in abeyance pending comments from the Planning Board being_ that this premises is located in the B-1 General Bus~ness Zoning District ~equ~ing their perusal. The board also asked that research be done con- cerning an existing Certifi,~ate of Occupancy, if any, and the existing building(s) an~!~ts use(s)~ - ~. ..... NEW APPLICATION: Appeal No. 3206 -'HENRY P, SMITH, In reviewing the file in this matter, it w~ the .~.E~sen~u$ of the board to request an off-street-parking plan for e~ch of the multiple uses on this .property under .con_sideration prior to scheduling this matter for public hearing in order that it may be ascertained by the Planning Board that this project will be within those requirements of Section 100~134 and parking... NEW APPLICATION: Appeal No. 3220 -'GEOR.G~ R. T.UTHILL. In reviewing the file of this proposed divi~siQn Q~'land.~ 'i~T-~-~s the consensus of the board that this matter be referred to the Planning Board for their comments concerning the layout ~nd other elements of the "subdivision, NEW APPLICATION: Appeal No. 3222 JOHN WICKHAM, et al. In reviewing this file, it was the consens.~s Qf the'.board that this project will require review and approVals_from the Planning Board in several areas, and the Secretary was instructed to send a letter requesting a review and a repl%.accOrdingly before scheduling same for public hearing. . .... Southold Town Board of Appeals -28- March 2, 1984 Regular Meeting The following matters were also awaiting review or applications to the Planning Board for coordination with our office prior to scheduling for public hearin§s: Appeal No. 3196 - Walter Hairston. Appeal No. 3200 - Robert Entenmann. Appeal No. 3207 - Winds Way Building Corp. Appeal No~ 3183 - Mary N. Code. Appeal No~ 3217 - Joseph A. Wanat. 'NEXT SPECIAL'M.EETIN~] It was agreed that the next Special Meeting of the bo_a~~_be held on _Om about March 17, 1984 at the Town Hall for an up,ate prio~ to the Regular Mee~]ngL field inspections to follow~. NEXT REGUL'AR]~MEETING: On motion by Mr. Douglass, seconded by Mr. Sa~icki, it was' RESOLVED, that the date of the~next Regular-Meeting of this board be and hereby is set fo~ THURSDAY, MARCH 29~,'1'984 commencing at 7:30 p.m. at the Town Hall, Vote of the Board: 'Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resol~ti~on_wa~ adopted ~by unanimous vote of all the members. ELI KAM~PGROUNDS MATTER: Correspondence was received and discussed concerni, ng the E.L.I. Kampgrounds at 'C~'R. 48, Greenpor't. Although the board members con. cur with the Village of G~eenport's analysis that there were violations existing ~f this board's requirements of a prior appeal dated July 22, ]976, No. 2147, this request is not a matter which can be enforced 'by the..Zoning Board of Appeals. The SecretaWy was authorized and instructed to refer this complaint to the _~uilding Department for consideration and action as he deems necessary, .~nd that Mayor Hubbard be notified of this referral~ Th~ complaint concerns placement of a fence along the ~un'dary line with_ th~ Village o~.~reenport~ NEW APPLICATION: Appeal No. 3914 - HANAUER AND BAGLEY. In reviewi.ng this file, it was the consensus of~the ~oar~t following a field inspection, the board would-like to con'~ult with the Town Attorney concerning his Febru~r~ 7, 1984 opinion before scheduling this matter for. public hearing. Southold Town Board o~T/Appeals -29-March 2, 198~Regular Meeting ENVIRONMENTAL DECLARATIONS: After reviewing each of the follow- ing files, motion was made by Mr. Douglass, seconded by Mr. Goehringer, to declare Negative EnvirOnmental assessments pursuant to the New York State Environmental Quality R~-~ ~ ~SEQRA) and Local Law #44-4, as noted below: APPEAL NO.: 3219 PROJECT NAME: CROSS SOUND FERRY SERVICES, INC. This notice is issued pursuant to Part 617 (and Local Law ~44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, plea'se-take notice that this declaration should not be considered a determination made for any other depar~men~ or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) Construct principal building to be for ferry terminal use with insufficient frontyard setback from easterly line, (b) establish ferry-terminal use ]n this B-1 Zo567~ -- LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 42175 Main Road, Orient, NY; ]000-015-09-]1. REASON(S) SUPPORTING THIS DETEP~4INATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environmenc are likely to occur should this pro]ec~ be implemented as planned. (2) The project is not ]0cared within 300 feet of tidal wet]ands or other critical environmental area; (3) Proposed building is landward of existing ticket booth building. Southold Town Board ~,~Appeals -30-March 2, 198~/Regular Meeting APPEAL NO.: 3223 PROJECT NAME: THOMAS R AND BARBARA D. MERCIER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board detezznines the within project not to have a significant adverse effect on the environment. A~so, pteas-~--take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [_ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION: To convert existing single-family dwelling use into professional offices in this A-Residential Zoning District. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ~905 Middle Road, C.R. 48, Mattituck; ]000-]4]=]-2l. REASON(.S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- ~ mitred which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Building is existing and is landward of other principal buildings on adjoining--?ands~ - -- APPE?uL NO,: 3176 ....... PROJECT NkM~: CAROL PLOCK This notice is issued pursuan~ to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project~ TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Re-separate two 10ts which have become merged. LOCATION OF PROJECT: Town of Southold~ County of Suffolk, more particularly known as: R-0-W off n0rth~de 6f B'ayview Avenue; two parcels identified as CTM #]_000-79~5-]'7 and 2]. REASON (S) SUPPORTING THIS DETErmINATION: ~ (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the envlronmen5 are likely to occur should this project be implemented as planned. (2) Subject premises is not located in a critical environmental area. · Southold Town Board ~._ Appeals -31- March 2, 19 Regular Meeting APPEAL NO.: '3]84 PROJECT N~34E: PETER AND PATRICI~ LENZ This notice is issued pursuant to Part 617 (and Local Law of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board dete~n~ines the within project not to have a significant adverse effect on the environment. A~so, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) appr0va] of insufficient width and (b) approval of access LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more particularly known as: R-0-W off north side of Sound ^venue, Mattituck; 1000~ll2-l-ll and 12. REASON(~S) SUPPORTING THi~ DETERMINATION: (i) An Environmental Assessment in the Short Fo~n~. has been sub- mitted which indicates tha~ no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (b) Lot line variances do not require f~rther_~rocessing; (c) Prem]ses is located t0 or more above mean sea level. APPEAL NO.: 3221 PROJECT NA~E: ROBERT BROWN This notice is issued pursuant to Part 617 (and Local Law ~44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board detez~ines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project' TYPE OF ACTION: IX] Type II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: To construct addition with an insufficient frontyard setback. LOCATION OF PROJECT: Town of Southotd, County of Suffolk~ more particularly known as: 74450 Main Road, Greenp0rt, NY; 1000-45-6-6. REASON(S) SUPPORTING THIS DETERMINATION: (1) A3~ Environmental Assessment in the Short Fo~ has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned~ (2) Premises is not ]0cared near an envir0nmenta]]y sensitive area or wetlands. Southold Town Board ~jAppeals -32-March 2, 198~. ~egular Meeting APPEAL NO.~: 3211 PROJECT NAME: MARY GRIGONIS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. A~so, pleas'~L-take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for appr0va] of insufficient area in this proposed division of land. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: W/s Wells Avenue, S0uth0]d; ]000-6]-03-08. REASON(.S) SUPPORTING THIS DETEP~INATION: (1) ?un Environmental Assessment in the Short Forum has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Premises is not located near wetlands or other critical environmental ~,-~. ~ - APPEAL NO.: 3208 PROJECT N~2~E: JAMES AND EDNA-MAE CHRISTIE This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Enviror~nental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project~ TYPE OF ACTION: IX] ~pe II [ ~ Unlisted [ ] DESCRIPTION OF ACTION: For permission to re=separate Lots 3,] and 32, Map of Laurel Park which would have insuffi"cient area, width and sideyard setback required under the current zoning ordin%'h~e.- LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly k~own as: North 0akw00d Road, Laurel Park Subdivision Lots 3] and 32, Map 2]2; 1000-]27-7-]5 and ]6. REASON (S) SUPPORTING THIS DETErmINATION: (I) ~-n Environmental Assessment in the Short Fo~ has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imp!~mented as planned. (2) The project involved is a lot-line variance and is not directly related to new construction. (3) A 50-foot road separates premises from wetlands area. ~ Southold Town Board Appeals -33-March 2, 19~ Regular Meeting APPEAL NO.: 3224 PROJECT NAME: GEORGE AND NATALIE WIESER This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project no~ to have a significant adverse effect on the environment. Also, please-take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Accessory swimmingp001 in an area other than the required rearyard area. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: ]4]5 Harbor Lane, Cutch0gue; ]000-97-6-]0. REASON(_S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environmen~ are likely to occur should this project be imple~uented as plann~) Proposed pool is landward of existing principal building. APPE~_L NO.: 3226 PROJECT NA/~E: ROBERT A. CA'MPBELL This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar projectJ TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Fr0ntyard setback of proposed dwel]i.n§. LOCATION OF PROJECT: Town of Southo!d, County of Suffolk, more particularly known as: Corner of Midd]et0n Road Extension and Washington Avenue, Greenport; 1000~41-02-00l. REASON(S) SUPPORTING THIS DETERMINATION: (t) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as plann~-~ Premises is not located near wetlands or other critical environmental area. Southold Town Board of Appeals -34- March 2, 1984 Regular Meeting (Environmental Declarations, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. There being no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned at 10:15 p.m. Respectfully submitted, L-iffda F. Kowalski, Secretary ~Southold Town Board of Appeals ~ Z ~--~'-~ ~. ' -- Chairman Approved Gerard P Goehr]nger, CEIVED AND FILED BY THE SOUTHOLD TOWN DATE ~- V-F~- HOUR/~: Town C~erk, T*wn of 8outhold _