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HomeMy WebLinkAboutZBA-01/25/1984 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 13¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS M I N U T E S JOSEPH H. SAWICKI QANUARY 25, 1984 REGULAR MEETING A Regular Meeting of the Southold Town Board of Appeals was held on Wednesday, January 25, 1984 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Pyesent were: Gerard P. Goehringer, Chairman; Serge Doyen; Charles Grigonis; Robert J. Douglass; and Joseph H. Sawicki. Also present were Victor Lessard, Administrator (Building Department) and approximately 15 persons in the audience at the opening of the meeting. The Chairman called the meeting to order at 7:30 p.m. PUBLIC HEARING: Appeal No. 3197. Upon application of the NORTH FORK BAPTIST CHURCH, by Gerry L. Horton, Box 21, New Suffolk, NY, for a Variance to the Zoning 'Ordinance, Article III, Sections IO0-30(A)[1], 100-31, and Article XI, Section lO0-118(D) & (E), for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and Agricultural District. Location of Property: North Side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-141-2-16, 17, 19, 18, 21, 21.1. The Chairman opened the hearing at 7:32 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey prepared on December 16, 1981 by Roderick VanTuyl, P.C. and amended April 14, 1983 indicating the approximate placement of this modular home, 16' by 50', adjacent to the concrete basketball court and showing the other existing buildings and 1½-story frame house. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in this area. Is there anyone wishing to be heard in behalf of this application, Mr. Horton? Southold Town Board o~JAppeals -2- January 25, 1984 Regular Meeting (Appeal No. 3197 - NORTH FORK BAPTIST CHURCH, continued:) DAVID HORTON: I am David Horton; Gerry couldn't make it tonight. We certainly would like to have this and would like to remind you that this was a dwelling, a youth hostel with working facilities. The building we would be bringing there is much better condition than the building that was burned down. MR. CHAIRMAN: Your plan shows it to be less than 850 sq. ft. Could you possibly do some carpentry to add another 50 sq. ft. to this building? MR. HORTON: If that is the way we would have to do it to satisfy the board, we would do it. MR. CHAIRMAN: Is there anybody else to speak in behalf of this application? (None) Is there anyone wishing to speak against the application? (None) Any board members have any questions? (None) Hearing no objections or further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. MR. CHAIRMAN: What is your timeliness on this? MR. HORTON: Well, the lady would like to get the modular home off of her property by this Spring, and we'll have to start work in moving the building that's there. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until later in the matter of the application of NORTH FORK BAPTIST CHURCH, Appeal No. 3197. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3199. Application of EMILY P. RIDGWAY, Box 251, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to construct accessory buildin§ for use as a caretaker's cottage with garage in addition to existing dwellings on this 95 acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-1-3. The Chairman opened the hearing at 7:40 o'clock p.m. and read the legal notice of heaning in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a September 1955 survey made by Chandler & Palmer indicating the location of the proposed dwelling Southold Town Board o~-JAppeals. -3- January 25~J1984 Regular Meeting (Appeal No. 3199 - EMILY P. RIDGWAY, continued:) MR~ CHAIRMAN continued: approximately 14 feet from the existing drive, 70' from the farthest corner of the larger dwelling structure. The structure is proposed to be 60' by 24' with a cut out of 20' by 24' for the garage. I also have a copy of the County Tax Map indicating this property and the surrounding properties in this area. Do you have anything to add, Mr. Doyen? MEMBER DOYEN: I believe I understand the analogy of the law. I understand the law doesn't provide for additional living quarters except through a subdivision; however, the law still allows 80,000 sq. ft. (per house). I would like to see them get relief but I don't know how we can render it. Otherwise we know it would have to go through the Planning Board for a subdivision. MR. CHAIRMAN: I will say this--Mr. Grigonis, myself and others were working on the zoning committee and this area did not come up and therefore it was not addressed and I cannot give you an answer at this time. MR. CHAIRMAN: Is there anyone else wishing to speak for this application? Anyone wishing to speak against this application? Board members have questions.? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBERS DOUGLASS AND SAWICKI: Seconded. On motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No, 3199, EMILY P. RIDGWAY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigoni.s, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3198. Application for CHRISTINA M. DINIZIO, by Greenport Housing Alliance, 18 South Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish two-family dwelling use on a parcel of land containing less than the required four acres in this A-Residential and Agricultural District. Loc~t~on of Property: North Side of Flint Street, Greenport, NY; County Tax Map Parcel N6. 1000-48-2-13, and parts of 14, and part of Seventh Street, The Chairman opened the hearing at 7:47 o'clock p.m. and read the legal notice of hearing in its entirety and appeal ~pplication, MR, CHAIRMAN: We have a copy of a sketch prepared! by Peconic Associates, Inc., Consultants, dated 8/18/83 showing the location of the proposed two-family dwelling, vegetation and parking areas. Southold Town Board of~ppeals -4 January~'~5, 1984 Regular Meeting (Appeal No. 3198 CHRISTINA M. DINIZI , continued:) MR. CHAIRMAN continued: We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding propertie in this area. Who would like to speak in behalf of this application MERLON WIGGIN: The lot in questi~ n is about 25,520 sq. ft. in area and of which is covered approximately seven percent which is less than the average of the lots in t~e neighborhood. Lot #2 would contain the one-family unit, and the other one is designated as the two-family unit (Lot #1). The imaller one is on the right side of the map. MR. CHAIRMAN: I read that incorrlctly--it should have been Lot #1. MR. WIGGIN: And the larger one i~; the two-family unit. Both of them size-wise have trouble meeting the square-foot standards for two-family units. That's why the ~maller one is taken for the one-family unit. The larger unit, whe~ you take the living space including the stairway lane of the sec~nd floor you get 857 sq. ft. The second floor living area inside th~8 only comes up to 746 sq. ft. So there's no way to meet the ~ on the second unit without an addition. The reason the f rst one--the lower one is because of the porch on the lower flool'.. And it's not real practical with the funds they have to ;ake an addition for the ot~er 100 sq. ft. MR. CHAIRMAN: You said the secon floor of the proposed two-family dwelling is 746 sq. ft? MR. WIGGIN: 746 sq. ft. MR, CHAIRMAN: Ok. Can I ask you does Mrs. Dinizio plan to sell these, or-- MR. WIGGIN: They're being leased --perhaps you want to explain the technicalities of the lease (to Mr Smith)--. BEVERLY SMITH: My name is Beverl Smith, and I'm with the Greenport Housing Alliance. MR. CHAIRMAN: I remember-- I wil say, Mr. Smith, that I am happy that you acquired them or someho~ have gotten them under lease and moved them (from the East En~ Supply Co. premises). We felt very bad about that situation and that was the reason why at the last hearing I had suggested that ~aybe you could arrange some type of agreement with Eas~ End Supply and I'm happy you did. MR. SMITH: Yes, it worked out fi e, thank you. With the arrangements we had to make i~ order to sell these two houses and to make locations for them, we're trying to enter into a long-term lease agreement with the owner of the property, Christina Dinizio, Southold Town Board off'Appeals -5- January~5, 1984 Regular Meeting (Appeal No. 3198 CHRISTINA M. DINIZIO, continued:) MR. SMITH continued: and our lease agreement would give us a ten-year option for renewal at the end of the 10-year term, and during that period of time we'll be liable for the taxes, upkeep maintenance of the property, et cetera, and at if the owner decides to sell the property within that term, we'll have first option for refusal. We feel that the owner will cooperate and extend the lease an additional five years and continue to do so as long as we upkeep the property and maintain it for low rental--he expressed his interest to just have the property used to help low-income families--so we don't anticipate--we won't be selling the property f~rst of all. The owners will retain the property. MR. CHAIRMAN: Thank you. You gentlemen are aware of our present problem in this town concerning two-family housing, and the four'acre restriction, and so on and so forth placed upon it. I have nothing to add to that other than the fact that I have been to both meetings of the proposed zoning map with the Planning Board, and they did ask at the second meeting which I think was on the 22nd of December, if anything had been done on two-family housing to that particular date, and they did tell us that nothing had been done. Only that they were going to designate certain areas. So it puts us back into the origi- nal position that we were in. I have no idea how this board feels about it--I'm only relating to you the area of the problem that we have in dealing with this particular issue. MR. WIGGIN: The Planning Board is recommending that this be considered, so. MR. CHAIRMAN: The problem that we run into is that it is-- although it's a reinstatement it's really a form of a Special Exception since the property has been severed from the original property that it was placed on, and it became personal property until it's placed back onto the real property again, and that's the position we're in a% this particular time. We will definitely try and do everything we can possibly do. I am happy that you were able to acquire the building because it's a shame to see something bulldozed when there is a tremendous need for this type of housing. MR. WIGGIN: Structurally we will be able to bring it up to the State and energy standards. Originally it was pl~anned to have two, two-family units--but, we thought that we had better back off and compromise and ask for a one-family and a two-family. And HUD felt quite strongly we needed the second family. MR. SMITH: I"ll like to say to the board that we tried to address some of the overcrowded housing conditions that presently exist, but on our plans, if the board does approve the two-family units, we would more or less put probably a senior citizen or a single person, or just so that we accommodate the number of rooms that we have to the number of people that would be occupying-- we wouldn't overcrowd these houses. Southold Town Board of~Appeals -6- Janu~ry~5, 1984 Regular Meeting (Appeal No. 3198 - CHRISTINA M. DINIZIO, continued:) MR. CHAIRMAN: I thank you very much. Mr. McMahon? JAMES McMAHON: Just one thing on this application just so that maybe some of the board members that haven't seen or aren't familiar with the site before-- these are structures that were o~ the Dinizio Property before it was cleared, and these are the two houses that have been moved to the site and we would propose making a three living units out of these two sites. When these houses were on the East End Supply lots, there were also two additional small houses on those lots so really when the East End Suppy lots were cleared, there were five living units taken away and what we're asking the Board of Appeals here is that to make this an economically sound project, we would be able to convert one of the--or the larger of the two units into a two-family unit. As Beverly (Smith) said before, I think since it is less than 850 sq. ft., we would like to put a senior citizen or a single occupant on that second story. Thank you. MR. CHAIRMAN: Thank you, Mr. McMahon. All right, can I ask a question of any of you three gentlemen--you're continuing to work on this anyway, is that correct? You haven't stopped con- struction on this? MR. McMAHON: The movers have not been back to the site to place the houses on the foundations, and without--we could go ahead I suppose and start working on the--once the houses are placed on the foundations, we could go ahead and start renovating the single unit, and then we would have to wait for the board's discretion for the second house. MR. C'HAIRMAN: Thank you. Would anybody else like to speak in favor of the application? Against the application? Any other comments? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. It may take us a little time on this one, gentlemen--that's the reason why I asked the question. Ok? Can I keep these, Jim? MR. McMAHON: I'll make copies for the board. MR. CHAIRMAN: If I take them tonight, I'll have to keep them forever. (Photographs were retJrned to Mr. McMahon.) MR. CHAIRMAN: I'll make the motion closing the hearing and reserving decision subject to receiving approximate lot dimensions for each lot. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision, subject to receiving a survey showing the lot dimensions for each lot. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of~ppeals -7- January 25~ 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3202. Application for HERBERT R. MANDEL, by Garrett A. Strang, 54655 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard setback at the East Side of Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-036-02-026. 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 an architectural plan prepared by Garrett A. Strang dated 12/19/83 indicating the proposed greenhouse which appears to then leave a sideyard of 7~5 feet from, I assume it's the west side, and 7' on the east side (end). And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Strang, would you like to be heard in behalf of this application? GARRETT Ao STRANG: Yes, I would. One thing that's probably not too ctear--I thought that we had also. forwarded to you a copy of the survey prepared by Geideman. MR. CHAIRMAN: It's probably down here--ye~, ok. MR. STRANG: I just wanted to make sure that you did in fact receiYe that. The walkway as it relates to the site, which is not clearly depicted here, is elevated. It's about seven or eight feet above the ground. Basically you could almost walk underneath it. The deck is preexisting and was built back in 1979 and there was a C/O issued in 1979 for the deck. The deck as it exists-deck walk as it is called, is about 8½ feet off the property, as it is now. On top of this deck what we propose to do is place a greenhouse. The deck is on the south side of the house, which is the proper location and-most advantageous location to put a greenhouse_to serve the function that we have in mind for as much solar gain as possible. The greenhouse as proposed comes in a stock size of approximately six feet, which is about a foot wider than the deck is existing presently. So conse- quently we have requested a variance for two purposes: (1) the reduction in sideyard at 7½ feet and (2) to construct the greenhouse on top of an existing or enclose a deck, which is currently in viola- tion but hasn't been given relief apparently at the time it was built. MR, CHAIRMAN: What is the approximately length of the green- house? MR. STRANG: The greenhouse length, I believe, is -- let me take a look at my plans and I can't do that because it doesn't give the dimensions--maybe~ from the top of_'my head-- about 23 feet. MR. CHAIRMAN: So .it's 6 by 23 feet? ~ MR. STRANG: That~!s correct. ~outh~ld Town Board of A~r~als -8- January~_~, 1984 Regular Meeting (Appeal No. 3202 HERBERT R. MANDEL, continued:) MR. CHAIRMAN: Do you have any objection, Mr. Strang, of a restric- tion on this property that there be no further sideyard variances if this particular application is granted? MR. STRANG: I can't see where that would be a problem. MR. CHAIRMAN: You see, the board is aware of the fact that we don't want to restrict both sides of the property--we want people to be able to get access to their rearyard and waterfront areas--for whatever purpose they need. So, that's the reason why we asked the question. Anybody else like to be heard in behalf of this application? (No one) Anybody like to speak against the application? (No one). Questions from board members? (None) I have no objection to this, and it's entirely up to you gentlemen. A motion is in order. MEMBER SAWICKI. So moved. MR. CHAIRMAN: With the provision that there be no additional sideyard reductions on this property. I'll second that. (Findings and determination on page 9) Southold Town Board o~Appeals -9- January 2~, 1984 Regular Meeting (Appeal No. 3202 - HERBERT'R.~ MANDEL, continued:) The board made the following findings and determination: By this appeal, applicant seeks permission to construct an addi- tion over an existing wood-frame walkway which is located at the southerly side of this existing one-family, one-story residence. The addition is proposed to be approximately 6' by 24' and would be set back seven feet from its nearest point from the southerly side property line. The present southerly sideyard setback is shown to be eight feet (see plan dated December 19, 1983 prepared by Garrett A. Strang, Architect). The premises in question fronts along Inlet Lane Extension, an existing gravel roadway, 100 feet in length, and has a depth of approximately 206 feet. It is mentioned for the record that prior appeals concerning this property have been made under Appeal No. 2578 (8/16/79), Appeal No. 2546 (5/24/79), and Appeal No. 3191 for an increase in the area of this particular lot from the adjoining parcel on the north [1000- 36-2-25], which is pending other agency approvals at this point in time. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that an adverse effect to adjoining properties will not be created; (3) that the relief requested will be in harmony with and promote the general purposes of zoning; (4) that no adverse effects will be produced on available governmental facilities of any increased population; and (5) that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Goehringer, ~ was RESOLVED, that Appeal No. 3202, application for HERBERT R. MANDEL for permission to construct a 6' by 24'i greenhouse addition leaving an insufficient sideyard setback from the southerly property line at approximately seven feet, BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITION: That there be no further sideyard reductions. Location of Property: 1000 Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-36-2-26. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. ~ Southold Town Board of~'ppeals -10- January 25~1984 Regular Meeting PUBLIC HEARING: Appeal No. 3204. Application of DOUGLAS CASTOLDI, 855 Eugene's Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VI, Section lO0-61 for permission to construct addition to res- taurant leaving an insufficient frontyard setback. Location: Kenney's Road and Nort~ Sea Drive, Southold, NY (Beachwood Cafe); County Tax Map Parcel No. 1000-54-5-22. The Chairman opened the hearing at 8:07 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 plan indicating two proposed addi- tions, one on North Sea Drive which appears to be-a vestibule, and a proposed addition which appears to be a greenhouse-type on Kenney's Road. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Castoldi, would you like to be heard in behalf of this application? BOB VANDOLASKI: I'll speak for Mr. Castoldi. I'm Bob Vandolaski. MR. CHAIRMAN: What is the nature of the addition on North Sea Drive? MR. VANDOLASKI: The nature would be to put a greenhouse out there which is a prefab-type set-up. MR. CHAIRMAN: On North Sea Drive or on Kenney's Road? MR. VANDOLASKI: I'm sorry. That's Kenney's Road. On North Sea Drive it would be the vestibule enclosure. I believe there's also a deck that would be on that. MR. CHAIRMAN: How big is the total addition that you're planning above the proposed or the existing structure, in reference to square footage-- MR. VANDOLASKI: Sixteen by 40' I believe was the length and width on that. MR. CHAIRMAN: You want a 16' by 40'? MR. VANDOLASKI: Are you talking about the vestibule only? MR. CHAIRMAN: Yes. The vestibule only. MR. VANDOLASKI: Ok. The vestibule only is approximately lO½' by 12' on the North Sea Drive. The glass enclosure is approximately 33' long by 12' wide. MR. CHAIRMAN: What is that below the vestibule, is that steps pencilled in here? MR. VANDOLASKI: No, we have wood slats--walkway. There's sand around the restaurant itself. MR. CHAIRMAN: All right, and going over to the Kenney's Road area--is this going to be a greenhouse? Southold Town Board of~ppeals -11- Januar~'~25, 1984 Regular Meeting (Appeal No. 3204 DOUGLAS CASTOLDI, continued:) MR, VANDOLASKI: Yes. MR, CHAI. RMAN: It's going to be a part of your normal business? MR, VANDOLASKI: Right. MR. CHAIRMAN: Will it be at the existing grade of the restaurant now, or will it be sunken? MR, VANDOLASKI: Slightly raised--the deck there now, it would be raised approximately two feet above ground, above grade. MR, CHAIRMAN: And this will meet all building department require- ments. MR. VANDOLASKI: The building has to be upgraded and it needs some repairs at the present time. This will meet all energy standards. MR, CASTOLDI: We!re working with the County Health Department-- MR. VANDOLASKI: Right, weJre working with the County Health Department on that~ MR. CHAIRMAN: Is there any reason why you selected a greenhouse 12 feet wide? MR, CASTOLDI : Well that's a standard size. Actually 11.6. MR. CHAIRMAN: So it reduces the sideyard to 14; when you say 14' plus or minus you're probably talking 14'6", right? MR, CASTOLDI: Right. MR, CHAIRMAN: Was there any parking, over there that you're taking out. I notice you're planning a parking field on the opposite side. MR, CASTOLDI: We put a site plan for the additional parking in accordance with the requirements of the Town of Southold. MR, CHAIRMAN: This board has been very aware and conscious of employees and people just running in and running out of restaurants for a quick social period in the afternoon with backing out onto existing roads. Do you have any Qbjection to a fence being con- structed along Kenney's Road so there not be any parking in that particular area or some sort of privet barrier or something of that nature? MR, VANDOLASKI: We would only need access through the end of the building for deliveries. MR, CHAIRMAN: Oh, yes, I'm aware of that. S.o~'thold Town Board of~j2peals -12- January _~, 1984 Regular Meeting (Appeal No. 3204 - DOUGLAS CASTOLDI, continued:) MR. CASTOLDI: We were going to put up our own barrier with roping anyway so there would be no turnaround. That is a problem that we have right now. MR. CHAIRMAN: Well, this board has not discussed this~ hopefully we will have a decision for you in the very near future. Is there anyone else wishing to speak for or against the application? (None) Hearing no further comments, I'll make a motion closing the nearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3204, for DOUGLAS CASTOLDI. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3203. Application for D.J. CLAUSE ENTERPRISES, by William W. Esseks, Es:., 108 East Main Street, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area and width of parcels in this proposed division of land at the East Side of Love Lane, Mattituck, NY; County Tax Map Parcels No. 1000-140-3-3.1, 42.1, 42.2, 43. The Chairman opened the hearing at 8:14 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 produced by Roderick VanTuyl, P.C. amended February 4, 1983 indicating the proposed divi- sion in the area between the post office and barber shop, Lot 1 to have a square footage of 7,997 and Lot 2 proposed, again the Band- wagon, Griffin TV and Tic-Tac Toys of 7,087 sq. ft. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard in behalf of this? Sir? CHARLES CUDDY, ESQ.: My name is Charles Cuddy, of Esseks, Hef- ter, Cuddy and Angel, of Riverhead. I appear for the applicant in behalf of William Esseks, who originally planned to appear but was unable to tonight. I think that the board members as I understand have seen this property. The other properties i~ the area that we are aware of are small. This is nonconforming. It has been here certainly much more than 20 years. At this point in time, this applicant has gone before the Planning Board. The Planning Board recommen'ded this type of set-up; that is, two lots in the division that's here. I can't see that it has any effect adversely whatsoever on the area. It certainly may lend itself to an improvement of the area in the sense that the people that are in the stores will be able possibly to purchase the store and be Southold Town Board of~7~ppeals -13- Januar~~ 25, 1984 Regular Meeting (Appeal No. 3203 - D.J. CLAUSE ENTERPRISES, continued:) MR. CUDDY continued: Mr. John Clause is here with me in case he would have to answer any questions that the board has. MR. CHAIRMAN: When you said, Mr. Cuddy, that the Planning Board had suggested this, you're talking about the subdivision .as it's proposed right here. MR. CUDDY: That's correct. MR. CHAIRMAN: You mean, the taking of the barber shop and that division line and so forth -- We had spent an extensive amount of time and we thank Mr. Clause for showing up yesterday and taking us through all the buildings. The one thing we did not inspect was a question t'hat came up regarding a fire wall, or existing party wall which wilq then be a fire wall, assuming we go along with this particular proposal. Is there anything you would like to say about that? MR. CUDDY: We don't have any problems as to the walls as I understand it--there are concrete walls there. Putting a covenant on it if it's in the works indicating that this particular wall is a party wall and that liability flows based upon it being a party wall, if that's what you had in mind, there's no problem there. MR. CHAIRMAN: I don't want to get into Building Department issues here, and we really haven't discussed the application anyway and del~iberated--so until we do, I can't see that there's anything else to ask you; except is there a pending sale on this property or something of this nature? MR. CLAUSE: No. MR. CUDDY: No contract of sale. MR. CHAIRMAN: Would you object to any restriction assuming the board did approve this that there be no further subdivisions of either one of these parcels? MR. CUDDY: The only caveat I've ever asked the board to consider .when asked was, provided that we could come back to the board. In other words, you're saying to us, "Don't do it." But in the Year 2000 for some reason the Town changes its zoning so that each one of t'he business parcels could be set off individually by itself, I would hope that we wouldn't be throwing ourselves out at this point; and when I made those covenants up, IKve indicated that unless we come back to the Zoning Board of Appeals or the Planning Board or whatever it is; if the law then would provide th~ we would have to come back, and if it was allowed and we should be allowed to do it. Southold Town Board of~ppeals -14- January 25~ 1984 Regular Meeting (Appeal No. 3203 D.Jo CLAUSE ENTERPRISES, continued:) MR. CHAtRMAN~ Ok. I thank you. Is there anybOdy else that would like to be heard in behalf of this application? MR. CUDDY: Mr. Clause is here if you have any questions. MR. CLAUSE: I would be happy to answer the.m. MR. CHAIRMAN: Mr. Lessard, did you have any questions? MR. LESSARD (BUILDING DEPT): Are you going to change the configura- tion of the stores? MR. CLAUSE: No. MR. LESSARD: I would question the heating but this isn't the -place on it. MR. CHAIRMAN: Would:anybody else like to speak in behalf of the application? (No one). Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearin~ and reserve decision until later in the matter of Appeal No. 3203, application of D.J. CLAUSE ENTER- PRISES. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Following the public hearings Mr. Lessard indicated to the board that he would like to check the Flood Maps to see if the matter of DOUGLAS CASTOLDI in Appeal No. 3204 was located in a V=Flood Zone. Mr. Lessard will keep us advised. At this point in time, the board members began deliberations in open session. 7. So~thold Town Board oi~Appeals -]5- January 25,<:~984 Regular Meeting RESERVED DECISION: Appeal No. 3199. Upon application of EMILY P. RIDGWAY, Box 251, Fishers Island, New York 06390, for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to construct accessory building for use as caretaker's cottage and garage in addition to existing dwellings on this 9+- acre parcel located at Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-06-01-03. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks to construct a 60' by 24' accessory building to be used as a one-family, one-story caretaker's dwelling which appears to have a total living area of 24' by 24' (or 576 sq. ft.) and 12' by 24' deck, 24' by 24' garage, and 8' by 10' gardener's tool room. The premises in question is shown on the Suffolk County Tax Map as District 1000, Section 6, Block 1, Lot 3 containing approximately 9.9 acres. The entire premises is improved with two existing dwellings, the main house located at the southerly end of the premises and the guest house structure located at the northeasterly end of the premmses. The plan submitted for the record is dated September 1955 and shows a separate parcel of land containing .974 acre; however, in researching town records, no approval had been found concerning that division of nor does the county record show it as being a separate parcel of lan~. To the best of'the board's knowledge, this parcel of land has not been and is not being processed as a subdivision. Article III, Section 100-31, Bulk Schedule of the zoning code requires a minimum of 80,000 sq. ft. of land for each dwelling use. Article III, Section 100-30(A) [1] permits one-family detached dwell- ings, not to exceed one dwelling on each lot. In considering this appeal, it is the opinion of this board that there is a method feasible for the applicant to pursue, other than a variance under Chapter Al06 of the Code, entitled "Subdivision of Land," which is under the authority of the Southold Town Planning Board and wouId not require a variance requesting permission for an additional dwelling. The members of this board recognize the need for additional housing on Fishers Island; however, the application for this project would appear to be most appropriate through the Southold Town Planning Board. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Sawicki and Grigonis, it was RESOLVED, that Appeal No. 3199, application of EMILY P. RIDGWAY be and hereby is DISMISSED WITHOUT PREJUDICE for the reasons stated above. " So~thold Town Board o~Appeals -]6- January 25,~984 Regular Meeting (Appeal No. 3199 - EMILY P. RIDGWAY, continued:) Location of Property: Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000~06~01~003. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doug- lass and Sawicki. (Member Doyen abstained.) This resolution was adopted by majority vote. RESERVED DECISION: Appeal No. 3197 - NORTH FORK BAPTIST CHURCH. Upon application of NORTH FORK BAPTIST CHURCH, by G.L. Horton, Box 21, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30[A) [1], 100-31, and Article XI, Section 100-118(D) & (E) for permission to construct modular home containing less than 850 sq. ft. of livable floor area and reinstating the use of this structure as a one-family residence, exceeding the limit of dwellings permitted on this parcel in this A-Residential and AGricultural District. Location of Property: North Side C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-141-2-16, 17, 18, 19, 21, 21.1. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks a variance to Article XI, Section 100-118(D) & (F) of the zoning code for permission to reinstate a one-family dwelling use for a modular home which will replace an existing nonconforming building structurally unsound due to a recent fire. The building in question is situated near the center of the entire premises and approximately 15' west of the side line of premises now or formerly of Hannafin (Parcel No. 1000-141-2-3) and approximately 37.5 feet from the rear line of premises now or formerly of Catalano (Parcel No. 1000-141-2-4). Applicant also seeks a variance from Article III, Section 100-31, Bulk Schedule, of the zoning code which requires a minimum of 850 sq. ft. of livable floor area for a new dwelling structure, and a variance from Article III, Section 100-30(A) [1] which limits the number of dwellings permitted in this A-Residential and Agricultural Zone to not more than one dwelling on each lot. The premises in question is shown on the December 16, 1981 plan for North Fork Baptist Church as a 3.5+- acre parcel and is improved with the following existing structures: (1) church (2) two portable structures (3) concrete basketball court (4) 1½-story frame house northwest of the church (5) the subject 1½-story frame house in poor condition. For the record it is noted that this property was the subject of Southold Town Board of Appeals -]7- January 25, 1984 Regular Meeting (Appeal No. 3197 - NORTH FORK BAPTIST CHURCH, continued:) a prior appeal dated March 3, 1983, under Appeal No. 3094, wherein the insufficient area of one of the parcels was denied on May 27, 1983, for the reasons stated therein. In considering this appeal, the board determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) 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; (c) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; (d) that the use will be in harmony with and promote the general purposes and intent of this chapter. The board has also considered items (a) through (1) of Article XII, Section 100-121(C) [2] of the zoning code, which in the board's opinion will not be affected since the subject dwelling has been used as a dwelling continuously from the date of zoning. It is also the board's opinion that practical difficulties have not been shown to warrant ~relief from the 850 sq. ft. requirement of livable floor area. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3197, application for the NORTH FORK BAPTIST CHURCH, for permission to replace existing dwelling with a modular home and reinstate the one-family dwelling use, BE AND HEREBY IS APPROVED, PROVIDED THAT SAME HAVE A MINIMUM LIVABLE FLOOR AREA OF 850 SQUARE FEET. Location of Property: North Side of C.R. 48, Mattituck, NY; County Tax Map Parcel No. 1000-141-2-21.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. '~ So~thold Town Board of~ppeals -]8- January 25~984 Regular Meeting RESERVED DECISION: Appeal No. 3187. Application of BERTHA OKULA, 32345 Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels located at the north side of Main Road and the west side of Bight Road, Orient, NY; County Tax Map Parcel No. 1000-014-02-17. The public hearing on this application was held on December 28, 1983, at which time the hearing was declared closed pending receipt of a written right-of-way easement and pending deliberations. Planning Board action concerning the proposed subdivision was rendered Novem- ber 7, 1983. The board made the following findings and determination: By this application, applicant seeks to divide and change a lot line from the location shown on the June 5, 1962 plan made by Otto W. VanTuyl & Son. A one-acre parcel as shown on the 1962 plan submitted with this application was conveyed to the applicant herein about 1962, and the one-family dwelling which was conveyed also to the applicant was situated on 3/8tbs of an acre, at which time one-quarter-acre zoning was in effect. This application proposes Lot ~1 having an area of approximately 30,000 sq. ft. and Lot 92 having approximately the same area and which is improved with a one-family two-story frame house built prior to zoning and acces- sory garage-storage building. Lot #1 will have access over Bight Road, a 55' private road as shown on the Subdivision Map of "Petty's Bight" in excellent condition. Adjoining proposed Lot ~2 on the west is a parcel of land similar in size. Adjoining Lot ~1 on the north are lots of the Major Subdivision of Petty's Bight" which was approved by the Planning Board August 15, 1972. It is noted for the record that a written easement has been filed conveying a right-of-way over Bight Road for access to Lot ~1; however, it is the feeling of this board that this easement be filed with the Office of the Suffolk County Clerk and that same shall permit access to Lot ~1 for an indefinite period of time. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved 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 approving the application as noted below. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was - RESOLVED, that Appeal No. 3187, application of BERTHA OKULA So~thold Town Board o~-~ppeals -1~-~ January 25}.J1984 Regular Meetinq (Appeal No. 3187 - BERTHA OKULA, continued:) for approval of insufficient area and width of premises located at the north side of Main Road~ and the west side of Bight Road, Orient, NY, BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the right-of-way easement be recorded in the Suffolk County Clerk's Office and will continue to be legal access for Lot ~1 indefinitely; 2. That the parcels contain an area each of approximately 30,000 sq. ft., more or less; 3. That the final survey be filed with the Z.B.A. for review. Location of Property: North Side Main Road, Orient, NY; County Tax Map Parcel No. 1000-14-2-17. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Grigonis and Sawicki. (Member Goehringer abstained.) This resolution was adopted by majority vote. PENDING DECISION/OTHER MATERIAL: Appeal No. 3198 - CHRISTINA M. DINIZIO. The public hearing on this matter was held earlier this evening; however, in reviewing the map which apparently was submitted and approved by the Planning Board, exact dimensions and square footage of each lot was not shown. On motionbyMr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that the applicant in Appeal No. 3198 be requested to submit for the record and deliberations three surveys depicting the exact dimensions of this lot together with the total square footage (inclusive of the 25' of Seventh Street), and the easterly side yard setback distance. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PENDING DECISION/REINSPECTION: Appeal No. 3204 - DOUGLAS CASTOLDI. The board members indicated their intention to reinspect the subject premises and await Mr. Lessard's decision on his review under the Floodplain Management Act. So~uthold Town Board o~_.~ppeals -20- Janua~~ 25, 1984 Regular Meeting (Appeal No. 3203 - D.J. CLAUSE ENTERPRISES, continued:) The board made the following findings and determination: By this appeal, applicant seeks approval of the insufficient area and width of Lots ~1 and ~2 in this proposed subdivision located at the east side of Dove Lane, Mattituck. Lots ~1 and ~2 would contain an area of 7,997 sq. ft. and 7,087 sq. ft., and 55.70 feet and 53.35 feet along Love Lane, respectively. The premises in question is zoned "B-1 General Business" and is improved with existing business structures sequentially attached. At the location of the proposed division line separating the two parcels is an 8" cement block wall to the height of the roof of this building. which in the board's opinion should be considered by the building inspector for modifications as he deems necessary under the fire and building codes. It is noted for the record that the parcel to the north of this proposed subdivision (presently a food market) was the subject of a prior appeal, No. 2569 rendered July 26, 1979 separating same from the subject property; the parcel adjoining this proposed subdivision on the south (presently "Clause Commons") was the Subject of Appeal No. 1918 rendered June 13, 1974 for M.A. Kelsey Properties Inc. separating same from the subject premises. These appeals received approval from the Planning Board by resolution of September 23, 1980, (see Section 106-53 of the subdivision code). In considering this appeal, the board determines: (1) that the granting of this variance will not adversel~ affect or change the character of this neighborhood; (2) that the relief requested will be in harmony with and promote the general purposes of zoning; (3) that no adverse effects will be produced on available govern- mental facilities of any increased population; (4) that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was P~ESOLVED, that Appeal No. 3203, application of D. J. CLAUSE ENTERPRISES for approval of insufficient area and width of the proposed two parcels, BE AND HEREBY IS APPROVED WITH THE FOLLOWING CONDITIONS: 1. An adequate fire wall be considered and recommended by the Town Building Inspector; 2. No occupancy other than for business purposes; 3. No further area reductions of either parcel. So~thold Town Board o~iAppeals -21- January 25%J'1984 Regular Meeting (Appeal No. 3203 - D.J. CLAUSE ENTERPRISES, continued:) 4. Southold Town Planning Board review and determination in accordance with Chapter 100, Article 100-23, and Chapter Al06. Location of Pr0perty: East Side of Love Lane, Mattituck, NY; more particularly known as County Tax Map Parcels No. 1000-140-3-42.1. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. 'APPROVAL OF ~MINUTES: On motion by Mr~ Grigonis, seconded by RESOSVED, to approve the Minutes of the January 10, 1984 Special Meeting qf this board. Vote of the Board: Ayes: Messrs~ Goehringer, Doyen, Grigonis, Douglass and Sawic~i. ThUD resolution ~ unaq!mqusl~ ~dopted. PENDING'SEQRA: Appeal No~ 3201 ~ Application of NORMAN C. BOOS. '~The'b6~rd-~ember~"-~e~nowlsdged ~cei~ of the applicant's' Long Environmental Assessment ~q~with ~ansmittal _~9~ter received January 19~ 1984~ on motion by~Mr~ Grigonis, secon~gd by Mr. Goehrinqer, _~t was RESOLVED, to coordinate review p~rsuant to Section. 617.7 of the Statg.~Environmental Quality Reui~ Law with the other involved agencies and departments concerning th9 subject project and that responses be received on or before. February 9, %.98~ in accordance with the time provisions unde~_ SEQRA. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. Th%~ resolution was unan~mous'l~_adop~ed. For the record it is noted "%hat the following ~snci~ are involved with the subject property: Town Trustees Town Board Town Clerk Building Department N.~.S. Department of Environmental Conservation. Southold Town. Board ~ Appeals -22- JanuaryS25, 1984 Regula.r Meeting (Appeal NO. 3201 - NORMAN C. BOOS, continued:) The board members also acknowledged receipt of numerous letters and and a petition opposing the variance application for additional marina facilities, and also numerous letters in favor of the subject variance application. CHANGE IN REGULAR MEETING DATE: Inasmuch as the Assembly Meeting Room is not available on the 29th of February, 1984 for the next Regular Meeting of this board, the following action was taken: On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, that the date of the next Regular Meeting of this board be changed from February 29, 1984 to Friday, March 2, 1984 same time and place for the reason stated above, and that those matters which have been previously scheduled for February 29, 1984 also be changed and advertised for public hearings to be held at the March 2, 1984 Regular Meeting, commencing at 7:30 p.m. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. SPECIAL MEETING DATE SCHEDULED: For the purposes of transact- ing those matters properly coming before the board at that time, the following resolution was unanimously'adopted: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to schedule Saturday, February 11, 1984 as the date for the next Special ~eeting of this board, to be held at the Southold Town Hall, Office of the Zoning Board of Appeals, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DISCUSSION RE: PRELIMINARY MASTER PLAN/ZONING AMENDMENTS: The Chairman discus'~e~ ~Dveralllprop0sed~q~hanges .~s_depicted on Raymond, Parish, Pins & Weiner'~S p~eliminar~ Mas~er Plan Map, a copy of which was recently received from ~$ts Nsw York.Office. (Copi~s_~ave not previous~y~.been provided fo~ com~?ents.) The board members asked to have individual copies and the secretary was instructed to again ~quest five additional copies. The Chairman asked the board members to review ~he proposed plan a~d submit their comments at ~he next Regular Mee~ng~ in order that written recommendations may be forwarded to the Planning 'Board as early as possible. Some of the areas which the members, were concerned about were: lack of two-family housing provisions; deletion of certain business zones where businesses are existing and land vacant; Southold Town Board ~f~tAppeals -23- January 25, 1984 Regular Meeting (~reliminary Zoning Changes, continued:) the number of use variance applications which have basis for approval due to "spot" zones left after such changes; variances for inter- pretation; etc. Ruth Oliva, President of the North Fork Environmental Council advised that four public meetings will be held during the month of February for comments and input from ~he public: February 9 - Orient and East Marion areas February 16 - Greenport to Peconic areas February 23 - Cutchogue and New Suffolk areas February 27 - Mattituck and Laurel areas. For additional information, either Mrs. Oliva or Mrs. Jean Tiedle may be contacted. INCOMPLETE APPLICATION: Appeal No. 3191 - CLEMPNER AND MANDEL. The board was advised that the Planning Board at its meeting held January 9, 1984, tabled the subject application which involves the alteration of a lot line (and reductiOn of three lots to two) pending action by this board concerning the location of the proposed accessory garage in the fr0ntyard area. It was the consensus of the board, members that upon receipt of approval or letter of nonjurisdiction from the N.Y.S. Depart- ment of Environmental Conservation in accordance with Section 66t.5(b) of the Tidal Wetlands Land Use R~gulations 6 NYCRR, that this application may be advertised and scheduled for a public hearing before this board. It was noted, however, that the procedure taken has been reversed in order to accommodate %he applicant's request concerning the accessory garage, which is his priority at this time. For the record, it is noted that the applicant was notified on December 29, 1983 that D.E.C. approval is required before this matter is held for a public hearing. PENDING REVIEW BY PLANNING BOARD FOR RECOMMENDATIONS: Appeal No. 3211 - MARY GRIGONIS. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3211, application of MARY GRIGONIS for a Variance for approval of insufficient area and depth in this proposed set-off of land at the west side of Wells Avenue, Southold, New York, BE AND HEREBY IS TEMPORARILY HELD IN ABEYANCE pending review and receipt of comments from the planning Board in accordance with the town's January 1982 set of procedures. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. Member-Grigonis abstained. This resolution was adopted by majority vote. Southold Town Board o~Appeals ~24- January 2~ 1984 Regular Meeting PENDING PLANNING BOARD REVIEW/RECOMMENDATIONS: Appeal No. 3208 - JAMES A. AND EDNA-MAE CHRISTIE. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3208, application of JAMES A~ AND EDNA- MAE CHRISTIE for a Variance for approyal of insufficient area, width and depth in this proposed set-off of land at Laurel, Lots 31 and 32 of Ravatone Corp. Subdivision Map.; BE AND HEREBY IS TEMPORARILY HELD in abeyance pending: ~(1) receipt of three copies of an updated survey showing all structures and dimensions of the subject premises, and (2) receipt of comments or recommendations from the Southold Town Planning Board on the lot-line layout as proposed in accordance with the January 1982 set of procedures. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. CHANGE .REQUEST IN ROAD MATERIAL UNDER 280-A: Appeals No. 688 and 2784 - ROBERT T. BAYLEY/JOHN AND JOYCE HOLZAPFEL. The board members and Mr. Lessard reviewed and discussed recent correspondence from Mr. and Mrs. John Holzapfel concerning Private Road 910 at the East Side of South Harbor Road, Southold, New York, and the following'findings and determination were rendered: WHEREAS, correspondence dated January 24, 1984 was received from Mr. and Mrs. John Holzapfel, new owners of a parcel of land located at the easterly section of a private right-of-way known as Private Road ~10 and located at the east side of South Harbor Road, Southold, the subject parcel being identified as County Tax Map District 1000, Section 87, Block 1, Lot 23.8; and WHEREAS, subsequent to 1981, this department has had road commit- tee meetings with other departments concerning ~he. burden of the requirements in improving certain well-traveled existing rights-of-way; WHEREAS, it is the opinion of this board and the building inspector that some relief should be' given to the 1981 Z.B.A. requirements which are normally apptied to new or lightly traveled rights-of-wayl, particu- larly since this road has a good base; and WHEREAS, a Z.B.A. decision rendered July 9, 1964 in Appeal No. 688 accepted the width of this right-of-way; and WHEREAS, in relieving the 1981 road specifications for this right- of-way, it is noted for the record that it is not the intention of this board by this action to reopen or change any previous variances which __involved this right-of-way or to extend the period of time allo~tted for appeals; Southold Town Board or-Appeals -25- JanuaryS25, 1984 Regular Meeting (Appeals No. 688 and 2744, BAYLEYTHOLZAPFEL Private Road ~10:) NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the following specifications be added to allow sub- stitution in the means of improving this right-of-way from those originally required by this board's October 15, 1981 decision: (1) That the first 450 feet of the subject right-of-way shall be regraded to eliminate potholes and shall be improved a minimum width of ten feet with two inches [2"] of packed stone blend, and (2) That the access road shall be regraded to eliminate potholes and be improved to a width of 15 feet commencing at a point approxi- mately 451 feet from South Harbor Road within the legal right-of-way and extending to the premises in question, now or formerly of Stewart and identified as County Tax Map No. 1000-87-1-23.8, and (3) That a clearance of a full 12 feet in width, including the clearing of all branches and limbs, for suitable access by emergency vehicles, shall be maintained at all times. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARINGS FOR MARCH 2, 1984: After reviewing the following matters, it was determined that same are complete and the f6llowing resolution was adopted: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following matters be and hereby ARE SCHEDULED for public hearings to be held at the next Regular Meeting of this board, to wit: Friday, March 2, 1984 in addition to those previously scheduled, and that the same shall be ADVERTISED PURSUANT TO LAW in the local and official newspapers of the town accordingly: Appeal No. 3195 - FRANK SIMON and another. Appeal No. 3210 - JAMES F. DRUCK III. Appeal No. 3209 - HARRY AND MARIE FAGAN. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. ENVIRONMENTAL DECLARATIONS: Pursuant to the New York State Environmental Quality Review Act and Local Law No. 44-4 of the Town of Southold, on motion by Mr. Douglass, seconded by Mr. Goehringer, the following ~egative Declarations were made: S~uthold Town Board ~. Appeals -26- January 25, 1984 Regular Meeting (Environmental Declarations, continued:) NEGATIVE ENViRON~NTAL DECLARATION Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3210 PROJECT NAME: JAMES F. DRUCK III This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S~ Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a siqnifi- cant adverse effect on the environment for the reasons indicat~d~ below. Please take further 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: To alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more particularly known as: 7015 Peconic Bay Boulevard, Laurel, NY; 1000-126-10-013. REASON(S) SUPPORTING THIS DETERMINATION: (i) An Environmental Assessment in the shor~ form has been submitted which indicates that no significant adverse effects ~o the environment are likely to occur should this project be imple- mented as planned; ~i The project in question is not i6cated within 300 feet of tidal wetlands. (3) The construction proposed is as an addition to an existing structure. S~thold Town Board ol~ppeals -27- January ~, 1984 Regular Meeting [Environmental Declarations, continued:) NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3209 PROJECT NAME: HARRY AND MARIE FAGAN This notice is issued pursuan= to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southoid~ This board determines the within project not to have a signifi- cant adverse effect on the environment for the-~asons indicated' below. Please take further 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 deck addition with reduc- tion in rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 400 Betts Street, Cutchogue, NY; 1000-110-6-9. REASON[S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this pro]ect be imple- mented as planned; (2) The subject premises is not located within 300 feet of tidal wetlands area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. INFORMAL DISCUSSION/CLARIFICATION: League of Women Voters February 1984 Voter brochure. Recently a copy of the League of Women Voters February Voter was received and the board discussed several statements made which were erroneous, misleading.~nd factually untrue. Mrs. Shirley Bachrach was not present at tonight's meeting; however, the Chairman said he would bring this matter to the attention Of the League. Southold Town Board of-~ppeals -28- January 25, 1984 Regular Meeting (LW~/ February 1984, exceptions:) [1] Mrs. Bachrach indicated on Page 3, that the ZBA "....has long had a habit of making decisions behind closed doors...," which is untrue and without fact. The board wishes to place on record again that the ZBA does not and has never made decisions, actions or votes contrary to the Open Meetings Law, and all decisions, actions and vo~es may be examined in the written minutes of this board (the original of which is filed with the Town Clerk) either through the ZBA secretary/clerk or the Town Clerk's Office. All decisions, actions, votes made by this board have in the past and present always been rendered in an open public meeting. Those sessions which have, however, been held "not open to the public" were "Closed Executive Sessions" for the purpose of: (a) deliberations prior to May 1983; no actions, decisions or votes were taken during deliberations; prior to May 1983 the ZBA being a quasi-judicial board was exempted from the Open Meeting require- men~ for deliberations, (b) pending litigation subsequent to May 1983, at which no decisions, no actions and no votes were taken and no deliberations. [2] It was also indicated on Page 8, that the "...Appeals Board is being sued by a neighbor of Mr. Douglass...," and that "...it (Appeals Board) created the issue of conflict of interest .... " The ZBA has not been served with legal papers by a neighbor of Mr. Douglass or by Mr. Douglass. Mr. Douglass filed an application for a variance for screening pursuant to Article XI, Section 100-115 of the Zoning Code and Notice issued by a building inspector, and all discussions, deliberations, votes, decisions, were done in the absence of the applicant. Although Mr. Douglass is a ZBA member, a conflict of interest created by the ZBA is merely an assertion by the observer and unclear. Since there is litigation pending between the Building Department and Mr. Douglass on issues other than screening, further clarification will be withheld at this time. [3] Concerning the "Gillispie variance" comments made on page 8, last paragraph, a previous misstatement made by the observer was not clarified. Both the easterly building and the second-floor of the westerly building were planned for occupancies. The board reiterates the ZBA has and always will be attentive and continue to be in compliance with applicable meeting-law provisions; and it is asked that any questions, comments or statements concerning actions of this board or otherwise should be directed to the Chairman or his assistant. Also, to help the observer in becoming knowledgeable in specific application~ it is urged that thorough reviews be made of each file for accurate reporting. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned at approximately 10:00 p.m. Re f ~ ~ [e~Dect ulty submitted, /~t//~~ ~ ~o~~~etary G~rard P. Goeh~inger~/i~r~an 3/~/84 ~/ "