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HomeMy WebLinkAboutZBA-07/26/1984 Southold Town Board of Appeals MAIN RDAD- STATE RI'lAD 25 -cJOUTHEILD, L.I., N.Y, 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI M I N U T E S JULY 26, 1984 REGULAR MEETING A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, July 26, 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, Jr.; Charles Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki, consisting of all the members. Also present were Victor Lessard, Building-Department Administrator, and approximately 30 persons in the audience at the opening of the meeting. The Chairman opened the meeting at 7:30 o'clock p.m. and asked Mr. Stanley Corwin, attorney for the Kathrine Farr Matters, as her agent, if he would like to make his presentation concerning the board's decisions, Appeal No. 31~7, Special Exception rendered July 3, 1984 and Appeal No. 3118, Variance rendered June 28, 1984. Mr. Corwin was ready for his presentation, as follows. Southold Town Board of Appeals y2.- July 26, 1984 Regular Meeting INFORMAL DISCUSSION: Stanley Corwin, Esq. in the matters of Appeals No~ 3117 (Special Exception) and No. 3118 (Variance). Decisions Rendered June 28, 1984 by the Southo!d Town Board of Appeals. STANLEY CORWIN, ESQ.: I realize I'm on rather limited time this evening, and I guess it's going to be my obligation to talk fast. I had hoped that we might do it a little differently and with a little more time, but I often find myself with.~the time that we have. On~ of~"th~r~asons I~wanted to talk back and forth across the table was because I felt that I needed some clarifications with respect to at least one of the condi- tions. And that is the one and it's ayed where you say that you want to reduce the second-story deck from ten feet to five feet on one end and~ro~.4· '6" to 3'5" on the other. I,ididn't know whether by doing that you were saying to me you wanted the end of the deck parallel with the dock, where it is indicated on the plan, and move the building further away from the road or whether or simply wanted to limit the size of the decking. MR. CHAIRMAN GOEHRINGER: Limit the size of the decking. MR. CORWIN: All right. In that case then, gentlemen, what I would like you please to reconsider are objections 5, 6, 8 and 12. ~Objection 5 has to do with a prohibition against stacking. I think that the board's imposition of that condition is arbitrary if~]no~,~-ca~r~cious. And the reason I say that is because my neighbor on the left has constantly got boats stacked and the people.on the right, we have privateproperty in single family residential, have the same situation there. And there's that road in the letter that I indicated to you through Linda, I said at the very time that I was writing it was, and I photo- graphs to prove it that it constantly goes on, and I do not think that you are giving us an equal protection. When you say that I can't do it, If you were to say that everybody on that little strip of water has got to leave so much channel and tha~ you can only go out so far, fine. But you're telling me t can't even stack two little canoes along the ~ide of each other. And that's not right. Now, Item 6 has to do with no additional dock or mooring-- I don't know whether you're aware of it or not. We have an applica- tion to continue the bulkheading to the very connection between Southold Town Boar~-of Appeals -3- July 26, 1984 Regular Meeting (~nfor~al Discussion by S. Corwin Re: K. Farr:) MR. CORWIN (continued): the property and the road, it's been approved by the Corps of Engineers, the Department of Environmental Conservation, and ' the Town; and we certainly don't feel that we should come back to you know to do that when that's been approved. The bulkhead- ing has been approved and the flo~ting doc.k along side of it has already been approved, and I would like t.o consider that in the light of that fact. Now, with respect to the decking, if you say you make it smaller, they're unnappy about that. We think that there's a safety factor there. Going up those outside steps, a covered walkway, the front of the building is going to be the entrance, to the office part of the bui.lding is going to be in the back, nobody is going to see this p.latform. For safety reasons to get furniture and equipment Tn and out. We don't want to be confined to th 2'6" around the corner of the building's face, and we think that we should be permitted to take it all the way out to the end of the bulkhead and leave it the way that the original plan indicates ~t. Now finally, 12, is the inside storage business. We went to court with the Planning Board over that. They said, ok, and we compromised, and they said up to 16' you can store outside. We're not talking about storage~of b~g boats there. 40' sail boats and things like that. We're talking about storing small stuff. Some people]don't want to take them out. We don't want to leave them on a floating dock where they're going to be in somebody's way fo~.aid of safety conditions. We think we ought to be able to haul them out and just lay them on the ground when somebody's away for~,one tm~pr-something like that from time to time. I hope that you will give this thing ~econsideration, 5, 6, 8 and 12. I would hope that somebody would be persuaded to suggest that those conditions be withdrawn. With respect to the rest of the application, I thank you for the consideration that you gave. Please take it from there. MR. CHAIRMAN: Thank you, Mr. Corwin. We'll be in touch some time. MR. CORWIN: The board's decision has already been filed with the Town Clerk, and I'm wondering a~out the 30-day statute, and I think that's up on the 12th, and I don't want to wait until the last minute. You take a week. You gave me five ~nutes. I'll give you five days plus two. MR. CHAIRMAN: We can't do that, sir. I'm not going to be here next week~ (It would be soon thereafter.) Southold Town Board of~Appeals -4- July 26, ~'9~4 Regular Meeting PUBLIC HEARING: Appeal No. 3256: Upon application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning O~dinance, Article VII, Section 100-71 for approval of insufficient area of two proposed lots which contain existing buildings, the northerly lot having frontage along Traveler Street, and the southerly lot having frontage along Main Road, in the Hamlet of Southold; County Tax Map Parcel No. 1000-061-01-15.1 (15). The Chairman opened the hearing at 7:37 p.m. and read the legal notice of this hearing in its entirety and a~peal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map indicating this property and the Properties in the area. I have a copy of the survey dated August 17, 1978, copied from Appeal File 3145 of 1983, from Roderick VanTuyl, P.C. indicating the northerly lot, which contains the old Town Hall building of 24,495 sq. ft., and the south proposed piece which consists of the present post office, two-story frame house and garage, of ~35 acres, .356 acres. Mrs. DiMaggio, would you like to be heard in behalf of your application? LORETTA DiMAGGIO: I am here to answer any questions you might ask. MR. CHAIRMAN: Could you use the mike--I'm not sure if that one was turned on. MRS, DiMAGGIO: Testing--can you hear me? MR. CHAIRMAN: Yes. Do you have anything specifically you'd like to say before I ask you some questions? MRS. DiMAGGIO: I'm just here to answer any questions you might have. MR. CHAIRMAN: All right. In your application you indicated that you were unable to sell this property as one piece. What do you mean by that? MRS. DiMAGGGIO: The property goes fmom Main Street through to Traveler Street, and the parcel is rather large for one buyer. MRo CHAIRMAN: And it has been on the market for a certain amount of time? MRS. DiMAGGIO: Yes. We have a~great deal of interest in the front parcel; .howevers, the interest for the rear parcel has not been too phenominal. Southold Town Board o'~ Appeals -5- July 26, ¥984 Re9ular Meeting (Appeal No. 3256 SOUTHOLD EQUITIES, continued:) MR. CHAIRMAN: From this map, you indicate that the -- rather-- how deep does the business zoning go in that area? MRS. DiMAGGIO: It's throughout the entire street as I under- stand it, from Beckwith to Horton and Traveler to Main Street. MR. CHAIRMAN: Will there ever come a time when you would ask for a division where the present post office building is from the house and the garage area, or do you intend to sell that as one parcel? MRS. DiMAGGIO: No. I intend to sell it as one parcel. It wouldn't lend itself to that position. The post office area would be too confined. MR. CHAIRMAN: On the right-of-way situation, it appears that that present driveway which was used as ingress and egress to both the post office and to the dwelling. It appears to be shared with the next door neighbor. Is that correct? MRS. DiMAGGIO: Yes. It's shared with, I believe Edson is still the owner of the property adjacent to us. It gives him access to his limited parking area in the rear. MR. CHAIRMAN: In the rear. Oh that's directly in back of his building then on that. MRS. DiMAGGIO: Right. MR. CHAIRMAN: We had originally had an application, I believe, that you had brought in last year concerning the old town hall building. Nothing ever became of that, I assume? MRS. DiMAGGIO: No. We had the use--it had been granted. We are still talking to our tenant; however, his presentation as to financial ability has not yet suited me. Ne need a little more indication that he will indeed perform as we require. MR. CHAIRMAN: I thank you very much. MRS. DiMAGGIO: You're welcome. Thank you. MR. CHAIRMAN: Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? (No one). Questions from board members? (None). Is there anything else you would like to say before I close this hearing? MRS. DiMAGGIO: No. MR. CHAIRMAN: I did not read the handwritten part of the applica- tion. I don't know if you wanted me too Southold Town Board Appeals -6- July 26, ~4 Regular Meeting (Appeal No. 3256 - SOUTHOLD EQUITIES, continued:) MRS. DiMAGGIO: I don't know if -- if I'm sort of out of line, please stop me. I don't want to take anybody's time. But we lost three sales on the front half of this property because we cannot subdivide; and I would like the opportunity to sell it, so a subdivision would certainly help it. And that's all I add to it. MR. CHAIRMAN: Just quickly, you presently have a C/O on the post office building? MRS. DiMAGGIO: Yes, I do. MR. CHAIRMAN: A C/O on-- MRS. DiMAGGIO: I believe it was prior to a C/O being required. MR. CHAIRMAN: Ok. A Certificate of Use you would call it-- MRS. DiMAGGIO: Yeah, it dates back to 1850~ I think. So I don't know that we have a C of O, but I know t~a% when I bought it, he said all the papers were in order and I'm sure they were. MR. CHAIRMAN: And you had one on the one-family dwelling? MRS. DiMAGGIO: I think that also was in existence prior to the time a CO was-- MR. CHAIRMAN: Did you get one on the old town hall when you moved it there? MRS. DiMAGGIO: Yes. MR. CHAIRMAN: Ok. Thank you. Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close t~e hearing and reserve decision in the matter of the application of SOUTHOLD EQUITIES, Appeal No. 3256 until later. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki~ This resolution was unanimously adopted by all the members. Southold Town Board ~ Appeals -7- July 26~ 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3261. Upon application of JOHN SIMICICH, by Charles Ro Cuddy, Esq., 108 East Main Street, Riverhead, NY for Variances to: (a) the Zoning Ordinance, Article III, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of parcel in this proposed two-lot subdivision, (b) New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road. Location of Property: West Side of Camp Mineola Road, Mattituck; County Tax Map Parcel No. 1000-122-05-3.3. The Chairman opened the hearing at 7:46 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map indicating this property and the surrounding area, and a copy of a survey indicating Parcel 2A which has an existing dwelling and which I assume is the applicant's property of 81,691 sq. ft., and the parcel in question to be dividedi~set-off), 2B of 72,797 sq. ft. with road frontage on Camp Mineola Road approximately lll feet. Mr. Cuddy, would you like to be heard in behalf of your application? CHARLES R. CUDDY, ESQ.: Charles Cuddy. I appear on behalf of the applicant. As indicated by the survey before the board, this is 96% the area that you require°if we divide this parcel into two lots. The application alsD in addition to frontage, the app.~icant seeks a 280A variance because we're on a private road. That road is Camp Mineola Road 25' in width. Mr. Simicich now goes to his residence over that road. It's improved to a degree., and certainly the applicant and the new owner of the property, the person whom it is to be sold, can use the same road. This area, and ~ takel.it that the Tax Map that you have is part of the record, is that correct, Mr. Chairman? Chairman nodded affirmatively. MR. CUDDY: This area is basically one acre lots, some of them are smaller, there are a few perhaps below one acre. But certainly the character of the area will not be changed in any sense of the. granting of this application, therefore, we ask that the board approve the application as submitted. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? (None) Mr. Cuddy, we had a physical inspection of this property last week; upon doing that inspection, I'll be honest with you, it's probably one of the rights-of-way that we felt no improvements have to be made. It appears that at one time it was probably a blacktopped~ight-of-way, appears to be f~irly well blacktopped even though there are areas of _ it that probably could use resurfacing. It probably exceeds the stan- dards that we .require for private roads at this time. Any approval of this board would indicate that the right-of-way would have to be kept in somewhat of a similar fashion, which I would assume both neighbors would want to do anyway. So bearing that in mind, I'll make a motion Southold Town Board o~-Appeals -8- July 26, 195J4 Regular Meeting (Appeal No. 3261 JOHN SIMICICH, continued:) approving this as applied for. MEMBER GRIGONIS: Second. The board made the following findings and determination: By this appeal, applicant seeks: (a) a Variance to the Zoning Ordinance, Article III, Section .100~31, for approval of Pm cel 2B of 72,797 sq. ft. in area and 111.0 feet in lot.width along "Camp Mineola Road," leaving Parcel 2A of.~1~691 sq. ft. and 229.07 lot width; and (b) a Variance pursuant to New York Town Law, Section 280-A for approval of access over a private right-of-way known as "Camp Mineola Road" extending northerly from Kraus Road a length of approximately 430 feet and a legal width of 25 feet. Having personally examined the premises and the right-of-way in question, the board members agree with the reasoning of the ap.plicant in that many of the parcels ir the area of substantially smaller than that proposed by this application and that the relief requested is not substantial since the parcel meets 90% of the required lot area and approximately 65% of the lot width of the zoning ordinance. For the record it is noted that Parcel 2B is vacant, and Parcel 2A contains a one-family, 1½-story framed dwelling, accessory storage garage which will be set back 30 feet from the division line proposed, and two small a~cessory shed buildings. A 12½-foot strip is shown on the survey map as amended April 24, 1984 for reservation "for possible future constr~ction of a Town highway." The right-of-way in question has an excellent macadam surface for a minimum width of 15 feet and is very satisfactory for accessibility by emergency and other vehicles. For the record it is also noted that the property in question has been the subject of a prior Appeal, No. 2112 for the applicant herein, which granted a Conditional A~proval of Access on April 29, 1976. Additionally, this project has been unfavorably acted upon by the Planning.~Board at its May 21, 1984 meeting, due to insufficient area. In considering this appeal, the board has determined: (a) that the relief requested is not substantial in relation of the zoning requirements (10%); (b) that by granti'ng of the relief requested, the character of the neighborhood will not be adversely affected or changed; (c) that by allowing the varian.cg, no substantial detriment to adjoining properties wo.~uld be created~ (d) no adverse e_ffects will be produced on available gov.~rnmental facilities if the variance is allowed; (e) that the interests of.justice will be served by allowi_ng the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it Southold Town Board o~-~Appeals -9- July 26, 1~4 Regular Meeting (Appeal No. 3261 JO~tN SIMICiCN, continued:) RESOLVED, that Appeal No. 3261, application for JOHN SIMICICH for approval of access and for approval of lot area of 72,797'sq. ft. and lot width of lll.O feet~ BE AND HERE'B¥ IS APPROVED AS APPLIED. Location of Property: West Side of "Camp Mineola Road," Mattituck, NY; County Tax Map Parcel No. 1000-122-05~'3.3. Vote of the Board: Ayes: Messrs. Goehringe~, Doyen, Grigonis, Douglass and Sawicki. Thisp~resolution was adopted by unanimous vote of all the members. PUBLIC HEARING: Appeal No. 3217. Application of JOSEPH WANAT, by A.A. Wickham, ES.g~, Main Road_~ Mattituc~,~ NY for a Va~-Tance to the Zoning Ordinance, Article III, Section- 100~31, Bu.lk Schedule, for approval of insufficient width of parcel to'be set-off located at the north side of Bergen Avenue, Mattituck .... 'NY; Cou~ty.Ta~. Map Parcel No. 1000-112~01-016. '¥he C~air~an opened the hearing at 7:50 p.m. and read the legal notice of this hearing in its entir~ety and a~peal application. MR. C.HAIRMAN: We have a copy of the Su~'folk c~u'nty Tax Map and map Showing the two other 1Q..ts applicant is ~eferri~g to,'along with his farm. I have a copy of the dated map ~om.~Odng & Yo~.ng updated on November 28, 1983. The parcel indicated is'appro.ximately 150.23 f6et by 323.64 feet, irregularly. Is there somebody that would like to be heard in behalf of this application? (No one a.ppeared). Anybody like to speak against the application? M~RK McDONALD: I don't really want to speak against it but ~ do want to say there are some th!~gs that have concern to me. My name is Mark McDonald and ~ and Pat Carrig are the present owners of the Maim--I'm sure you know,_you just had a 280A on that~ This ~.ction, Qn his part, I guess, will require a 280A; and we would like to be assured that he be co-responsible for the right-of-way'~or the full length of the road with ourselves. We don't feel that we should have to bear the whole burden if he~s going to use the road at the same time. I just wanted to make that point. I noticed in our copy of the final resolution from this board ~bat it specified that'you're anti~cipati~.ng this action by him, and I assume you're aware of it. But I wanted ~o come down and make sure that you are aware of it. That's all I have to say~ MR. CHAIRMAN: Mr. McDonald. I did receive a letter from Miss Wickham, and she asked us for an extension because of the ~acation that she had planned, and she's unable to make it tonight. But I assume, I ha~ not spoken to the board members about this, but we Southold Town Board Appeals -10- J6~y 26, 1984 Regular Meeting (Appeal No. 3217 -JOSEPH WANAT, continued:) MR. CHAIRMAN (continued:) usually grant one extension, so .we will be extending this hearing. I'm not closing it as I did the other two. Until the second meeting in September. So I would ask you possibly at that time to come down and reiterate what you have said. It is a part of the record tonight, but possibly Miss Wickham, you know, would want to be aware of what you just said. Ok? Hearing no furt'her comments, I'll ask the board if they'll grant Miss Wickham an extension to the second meeting in September° We're recessing it until the second meeti6§ in September. MEMBER GRIGONIS: I'll make the motion. MR. CHAIRMAN: Mr. Grigonis made the motion. I'll second it. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess the matter of JOSEPH WANAT, Appeal No. 3217, until the second Regular Meeting iV :September, 1984. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. RECESSED HEARING: Appeal No. 3206, HENRY P. SMITH, (This hearing was recessed at the June 21, 1984 hearing until'tonight.) Th~Cha~rman reconvened the hearing of HENRY P. SMITH at 7:56 p.m., and asked the audience if there was anyone present that would like to be heard. (No one was present to be heard.) Philip J. Ofrias, Esq., attorney for the applicant, called the office this afternoon requested for a recess for approximately one month. MR, CHAIRMAN: We will also be granting Mr. Ofrias an exten- sion, also to the second meeting in. September. The Regular Meeting in September. So I'll make the motion. On motion by Mr. Grigonis, seconded by Mr. Grigonis, it was RESOLVED, to recess the matter of HENRY P. SMITH, Appeal No. 3206, until the latter September Regul~ar Meeting 1984. Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. Southold Town Board 6¥ Appeals -ll- July 2G~ 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3260: Upon application of JOHN GIANNARIS AND OTHERS, by D. Kapell, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Articl'e XI, Section lO0-112(H) for permission to use adjacent easterly premises of the Village of Greenport of .765 acreage for parking accessory to the snack bar use existing on the parcel presently owned by the appli- cants also located at the north side of Main Road, East Marion; County Tax Map Parcel No. 1000~35-2-14 and No. 1000-35-2-15.1; see Site Plan revised 5/4/84 and 5/30/84. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a County Tax Map indicating this property and the surrounding property in the area; and I have a copy of a site plan dated August 26, 1983 prepared by Kontokosta Associates indicating the proposed location on this piece of property. Mr. Kapell, would you like to be heard in behalf of this application? DAVID KAPELL: David Kapell, Real Estate Broker in Greenport. We're hear to ask you for permission to construct a lot as you recited in the application. We have an approved site plan from the Planning Board with a parking area provided on the property for 20 cars which is the required parking for the proposed expan- sion of the restaurantm Subsequent to the approval of that site plan, Mr. Gianarris was able to successfully negotiate with the Village to lease this adjacent parcel; and it's his feeling, and also it's the Village of Greenport's feeling that having a parking lot on this adjacent piece would be a much more suitable and safe mechanism for alleviating the parking as Which currently exists in front of this side along the highway than to stick to the 20 cars on the Hellenic prQperty. Essentially, the new parking will allow us to provide a parking lot that'.s a~most three times, or 58 spaces, as compared to 20 spaces that's required and approved. As I understand it from the zoning ordinance, your approval is required to do this, and we would appreciate it very much. We feel that we have a dangerous situation in front~Of the restaurant that this application would allow us to alleviate it in the most effective manner. MR. CHAIRMAN: Mr. Kapell, have there been any changes on the ingress and egress on this site plan? MR. KAPELL: As compared with the Planning Board's? MR. CHAIRMAN: Yes. MR. KAPELL: Yes. There has been. MR. CHAIRMAN: Would you point that out for us please? Southold Town Board ~Appeals -12- July 26~ ~1984 Regular Meeting (Appeal No. 3260 - JOHN GIANNARIS AND OTHERS, continued:) MR. KAPELL: Yes, sure. The Planning Board approved a plan that called for the entering of cars along side the existing restaurant, and into the proposed parking area behind the restaurant, and then exiting through the existing driveway on the property to a curb cut on the easterly-excuse me, on the westerly end, ok, so that you'd have basically a one-way flow of traffic through the property. Inasmuch as this new parking area eliminates this whole flow of parking in and out of the Hellenic Property, per se, we are request- ing, not only of you but of the Planning Board as well, in a request for a site plan revision that we be allowed to come in and out of the restaurant. Part of the site plan approval required and we agreed to eliminate parking that currently exists in front of the restaurant. In other words, there will no longer be any parking whatsoever in front of the restaurant, and that should give us the room to come in and out safely then. That's what we would like to do. MR. CHAIRMAN: What do you suggest we do at this particular time, and when are you going back to the Planning Board with this? MR, KAPELL: We have an appointment for Monday night, the Planning Board. The application has been filed. And maybe if, barring other concerns on your part, perhaps you can approve this request subject to the amendments of the site. plan of the Planning Board insofar as the egress and ingress is concerned. MR. CHAIRMAN: I don't know if we can do that. MR. KAPELL: Let me say this. We will comply with the Planning Board's requirement submitted in the original site plan application. They asked that we do it that way. MR. CHAIRMAN: You'll comply with that. You jsut want to see if they would-- MR. KAPELL: We would like to see if they would agree with this, if not, we're going to comply. All right? So one way or the other, we attempt to comply. It's definitely our desire and intention to alleviate the condition that exists there, and in no way to exacerbate it. MR. CHAIRMAN: Do you have another copy of the-- MR. KAPELL: The original site plan? MR. CHAIRMAN: Could we have a couple of those. MR. KAPELL: Yes. It shows right on here what's egress on this end, after this parking area, and an ingress through here. MR. CHAIRMAN: That's what was approved. And this is what you're going to be asking for. MR. KAPELL: This is what we're asking for, and we presented this exact same plan to the Planning Board; however, we will comply with whatever requirements they make. Twenty spaces is simply not suffi- cient and this is important to us. Southold Town Board Appeals -13- Jul~ 26, 1984 Regular Meeting (Appeal No. 3260 - JOHN GIANNARIS AND OTHERS, continued:) SECRETARY TO CHAIRMAN: We'll need extras of the amended site plan-- the County Planning Commission requires-- MR. CHAIRMAN: Oh, I'm sorry. MR. KAPELL: I'll leave you this one here. MR. CHAIRMAN: That's one. MR. KAPELL: Yes, and I'll bring in more. MR. CHAIRMAN: Why don't you take one of these back and then I'll keep one. MR. KAPELL: Ok. Are there any other questions? MR. CHAIRMAN: No, we'll see what the public would like to say about this, and then I'll probably close the hearing pending compliance with the Planning Board or something of that nature so in case we do run over that 60 day period, which weed rather not do--in other words we're going to wait and see what happens Monday night. There's no- need to deny it and then ha~e you come back again or whatever the case might be. All right? MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak in favor of this application? Yes, Ruth? RUTH OLIVA: I just want to say for the residents of East Marion and Orient, I think they would be delighted to get that parking from the front of Hellenic and off to the side and it's entirely up to you, this whole thing--that and Skipper's, it's terrible. MR. CHAIRMAN: Thank you. Would anybody else like to speak in behalf of the application? Would anybody like to speak against the application? Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing pending compliance with the Planning Board -- excuse me, Mr. Douglass? MEMBER DOUGLASS: How long a lease do they have with the Village? MR. CHAIRMAN: Could you furnish us a copy of the lease agreement for the file, please? MR. KAPELL: Yes. MR. CHAIRMAN: When you bring in that other copy for us, please. Again, pending compliance with the Planning Board on the site plan on the egress and ingress. MEMBER DOUGLASS: Second. Southold Town Board0k,~Appeals -14- Julys"6, 1984 Regular Meeting (Appeal No. 3260 - JOHN GIANNARIS AND OTHERS, continued:) On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearin_~k~_endin9 compliance with the Plannin~ Board on the egress and ingress on the amended site plan and receipt of the parking lease agreement between the applicant and the Village of Greenport. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. PUBLIC HEARING: Appeal No. 3258: Application of VINCENT GRIFFO by I.L.P.rice, ~Esq,, 828 Front Street, Greenport', NY for a Variance to the Zoning Ordinan.ce, Article III, Section 100-32 for .permission to construct tennis court and~pavillion, both accessory to a proposed one-story dwelling and both accessory buildings to be located in an area other than the~required rearyard, at premises known as 3765 Robinson Road (wes{ side of Bridge or Briar Lane), Paradise Point Subdivision Lotq~ and part of parcel known as County Tax Map 1000- 81=1-16.1. The Chairman ~opened the hearing at 8:10 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area, and I have a copy of a survey by Donack Associates dated April 12, 1984, indicating a proposed one-family dwelling on this parcel approxi- mately 35 feet from the road, of 35! by 55', a pavill~on, adjacent to the tennis court, 43 feet from the road of approximately 12' by 20', and 8 proposed tennis court of 55' by llO~ with approxima~te sideyards of five on the east side and 10 on the west side. Is there anybody that would like to be heard in behalf of this application? Zs Mr. Price available? (Not present) Is Mr~ Griffo available? (Not present) IS th.ere anybo'dy else that would like to speak in behalf of the application? (No one) Is there anybody in the audience that would like to speak against the application? Sir? EDWARD BOYD V: Mr. Chairman, Gentlemen of the Board, My name is Edward Boyd of~Southoldi I' repr~sent Paradise~Point Association, Inc~, which is the prope.rty owners association of Paradise Point. I have been spec~fi6a)ly charged by'that group to come and oppose the Griffo a~plicatio~.. The reasons for the opposition are several. t would like to begin by making you gentlemen aware of %he fact that.Mr.~ Griffo is a contract vendee on this property and is not the owner of the property. He, ~f course, has the right to come before this board in the position of contract vendee, but the contract that he has in this particular case is a contingency contract, one that is dependent upon securing approval of the Board of Appeals for Southold Town Board ~ Appeals -15- July 26,~-1984 Regular Meeting (Appeal No. 3258 - VINCENT GRIFFO, continued:) MR. BOY~ (continued): what he plans to do, and secondly, one that requires approval of the Paradise Point Association for what Mr. Griffo plans to do. Paradise Point as you may or may not know is made up of lots all having in common a chain of title from Frank Robinson. The deeds that go to the property owners on Paradise Point contain covenants and restric- tions. The covenants and restrictions are to be violated quite severely by the plan that is in front of you gentlemen. The first covenant and restrict that I would like to point out to you is the fact that the lot usage allowed provides for a single, one-family house and a single garage. Those are the only structures that are allowed. The second covenant and restriction and perhaps one that is even more important perserving the water on Paradise Point, which is a relatively narrow piece of land, requires a 20-foot setback from all property lines for any structure built upon a piece of property. In this particular case as you can see from the plan in front of you, the applicant is proposing considerably less than 20 feet for not only the house but for the tennis court. The tennis court if I remember correctly is something like 55' by ltO feet; add I calculated that out quickly, that's 6,050 sq. ft. Now, gentlemen, I don't know exactly the.~square footage of the lot involved here, the DonacK survey that you have doesn't seem to have either a scale or a square footage, but I believe most of the lots on that particular side of the road are something in the neighborhood of a half acre. We have here an attempt to cram approximately 8,215 sq. ft. of usage into that half acre. You got a tennis court, a pavillion, a house that's just on the first floor alone almost 2,000 sq, ft. There's another problem which I've come across. I'm not sure that the lot as it's described on that Donack survey is one that has been approved by either the Zoning Board or the Planning Board in Southold Town. It seems that the maps that I have had access trochee that triangular shape piece that you have, cut about 100 feet off the apex of the top northerly part Of it, which would further decrease the square footage that's available. Mr~ Griffo, the applicant, is well aware of these requirements that he receive approval from both the Town of Southold and the Paradise Point Association before he drew any construction on this property; and I wish ko assure you gentlemen that Paradise Point Association is very much in opposition to this particular plan for land usage. If there are any questions further concerning the opposition, I'll be happy to answer them. MR. CHAIRMAN: Since we are at distinct disadvantage at this particular time not having either the applicant or his attorney present, let me just ask a question which I would have asked anyway. Do you have anybgdy else in the audience that intends to speak against this application? MR. BOYD: No. I am representing the property owners' association. There are 19 or 20 families that own property completely surrounding this, and they held a meeting, annual meeting, s~e~ial meeting last Sunday. This matter was raised and at that t±me, I was directed to Southold Town Board ~ Appeals -16- July 26,~-]984 Regular Meeting (Appeal No. 3258 VINCENT GRIFFO, continued:) MR. BOYD (continued): come here and voice the opposition on behalf of the association. Certainly if it were a question of counting heads and numbers or anything like that, we would bring them down. But this time, that has not been done. MR. CHAIRMAN: Well, we appreciate that very much, Mr. Boyd. I think at this particular time we're going to have to caucus and discuss what we intend to do with this application. I will probably suggest to the board that we write a letter to Mr. Griffo~'s attorney asking him why no one has been present at this hearing, and as you have seen tonight and usually we grant one recess. It's rather strange that we have heard nothing from the appliCant or his attorney. And we'll see how we will deal with it. MR. BOYD: If I may take another 30 seconds of your time, please, there is one other matter regarding the application. On Paradise Point there is a building committee. This is part of the covenants and restrictions that I mentioned earlier that had pertained to the deeds. The plans for any structures to be erected on the Point must be submitted to this committee and must be approved. An initial submission was made to the building committee tn May, late May of this year. It was the same plot plan that you gentlemen have in fron~ of you. The Chairman of the building committee wrote back to Mr. Griffo's attorney at that time, Mr. William Price was repre- senting him, a~d requested elevations, something that they actually could look at to see what the buildings were going to appear to be when they were constructed. We have received nothing back to that regard. That is something of course that the Association has required before it gave its approval. Thank you, gentlemen. MR. CHAIRMAN: Thank you, Mr. Boyd, Do you want to go into a caucusronl this? MEMBER SAWICKI: I think we should go into a caucus. On,motion by Mr. Goehringer, se~'onded by Mr. Sawicki', it was RESDLVED, {~ recess temporarily for approximately three minutes for the purpose of either a further recess or close qf this hearing. Vote of the'Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. The board members left the room to caucus, and then returned at 8:31 p.m. On motion by Mr. Sawicki, seconded by Mr. Gri§onis, it was ' 4 Appeals -17- July 26 Southold Town Board , 19~4tRegular Meeting (Appeal No. 3258 - VINCEN.T GRIFFO, continued:) RESOLVED, to reconvene the hearing of Appeal No. 3258, matter of VINCENT GRIFFO. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. MR. CHAIRMAN: M~ Bosd, w&s~th~re anything else you would like to say concerning this? MR. BOYD: I don'.t think so, Mr. Chairman, because I'm suffering fromt he same disadvantage that you are with no opposition. Can't say too much. MR, CHAIRMAN: We have unanimously suggested that we are going to close this hearing, and so therefore start the 60-day process. So bearing that in mind, I'll make a motion closing the he~ring and reserving decision until later. Thank you very much for coming in. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the.~earing and reserve decision in the matter of the application o~~ ~I~ ~-~p~--~-~ No. 3258. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. PUBLIC HEARING: Appeal No. 3259. Application of NICHOLAS ALIANO, 3800 Duck POnd Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VI, Section lO0-60(B).[1](b), Article V, Section 100-50(B)[4], for permission to establish and build four two-story motel buildings containing 10 motel units for transient use, and an office building o~ 2,500 sq. ft. in area on this 3.721 acre parcel located on the South Side of Main Road, Greenport, NY. Zoning District: B-Light Business. County Tax Map Parcel No. 1D00-46-01-002.1. The Chairman opened the hearing at 8:34 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk CountyTS Map indicating the area, and a copy in the file indicating a proposed 2,500 sq. ft. office building approximately 41 feet from Main State Highway, parking therefore in back of that, conCrete walk, and then the proposed construction of four two-story motel buildings of l0 units each~-average height of approximately 20 feet, 40-foot distance in between on a map prepared by Roderick VanTuyl, P.C. on July 28, 1983, total area 3.721 acres, amended on June 14, 1984. Ok. Mr. Aliano, would you like to be heard in behalf of your application? Southold Town Board 6~ Appeals -18- July 26, 1984 Regular Meeting (Appeal No. 3259 - NICHDLAS ALIANO, continued:) NICHOLAS ALIANO: I have really nothing to say except I'm here to answer any questions. I gave my reasons in the application. I'm just here to answer any questions. MR~ CHAIRMAN: Do you have layout on what the motel units would look like? MR. AL~ANO: No. MR. CHAIRMAN: Has this site plan been approved by the Planning Board? MR. ALIANO: I really can't answer that honestly° They directed me here. They had some questions which was cleared up with the Planning Board, which I cleared up, and with the Building Department; and the Planning Board directed me here. MR. CHAIRMAN: Victor, can you shed some light on this for us? BUILDING ADMINISTRATOR LESSARD: Am I~righ~ ~n~saying that's a B-1 Zone? MR. CHAIRMAN: B~Light. MR. LESSARD: Yeah, I think that's probably what i~'s ~n. MR. CHAIRMAN: The reason why I asked you that, M~. Aliano, is because we do run into a problem approving anything prior to the actual approved Site Plan-of the Planning Board. MR. ALIANO: I'm satisfied if you tell me it's subject to you seeing a completed product, but I don't want to spend t.housands of dollars and have you say, "Well, now we don't want it." I think if you know the Beachcomber Motel, and those improvements, I know how to build. But I don't want to spend a fortune and then find out the idea is--you don't like that idea. That's your perogative. I can guarantee that I'll work with the Town as far as the design.. It's going to be colonial in my mind, a colonial-style that will fit in with the area. I want to do something nice because there'll be a big expense. MR. CHAIRMAN: Is there any timeliness involved in this? Do you intend to build this project-- MR. ALIANO: Well I wanted to break ground right ~fter the summer, you know. The carpenters are ready to come to work when they're not so busy. That's what I have in mind. MR. CHAIRMAN: When was the last correspondence you had with the Planning Board? - MR. ALIANO: A week ago. Southold Town Board ~ Appeals -19- July 26, ~984 Regular Meeting (Appeal No. 3259 - NICHOLAS ALIANO, continued:) MR. CHAIRMAN: Are you on for any other future meetings? MR. ALIANO: Everything is cleared up. MR. CHAIRMAN: Everything is cleared up? MR. ALIANO: Yup. There's no objection to anything that I know of. And none with the Building Department that I know of. And none with the Planning Board that I know. of. I can't conceive of any. That's why, you know, I'm here. MR. CHAIRMAN: Excuse me one minute. Victor, do you know if this has been certified by the Building Department? MR. LESSARD: They have to get the Special Exception fr~m you people, that's wha~'the law requires because if you don't. It's permitted in that zone provided you people grant them a Special Exception. And he's in the process of trying to get that out of the way. Then he can say yes or no is'how the PLanning Board ~s going to go on from the~e._ You can't approve a site plan on somet~ng that he hasn't got the Special rException for, and this ~s what you people got to do. MR. CHAIRMAN: But you know, and I'm sorry to carry on this discourse, but this is the normal process that we use. You know if it's the Planning Board attempt for some reason to'eliminate one unit, change the conformity of the unit, change anything that we have in front of us, this man has to come before us again., ok? MR. LESSARD: Well I think what he's after is to get the Special Exception from. you people to say that he can do this in the first place. Ok? Not how many units he's going to have there. That'll be .under the requirement of the Planning Board and the Building Department. The design of the building and whatnot isn't what we're talking about. We're talking about, yes, can he put motels in that B-Zone by Special Exception as the law requires, or no, he can't do it. If you.say no, that kills the whole thing righ~ there. MR~ ALIAND: There's no point going any further with it. MR. CHAIRMAN: I can und'erstand that. I'm only concerned about the fact that if there are any changes on an.~%hing that we might gran~-- MR. ALIANO: Well, we have no chagnes as far as the layout of the b~ildi..ng. As fa~_as the structure and what's in the building we're perfectly willing, because I want to ma~e it "A-number 1" anyway to take it ~p with]~the Building Department b~fore I even g~.ahead with comPlete details. MR. CHAIRMAN: Well, I have to admit to you, Mr. Aliano, that I should hav~ m'et with_.the Chairman of the Planning Board along with Southold Town Board ~f Appeals -20- July 26, ~-~84 Regular Meeting (Appeal No. 3259 - NICHOLAS ALIANO, continued:) MR. CHAIRMAN (continued:) the Planning Consultant that we have at this particular time. However, but because of vacations of other people and other things, MR. ALIANO: But this has been two years with the Planning Board. and-- MR. CHAIRMAN: I understand. MR. ALIANO: The big problem is always sewage, water, ok. That took me four or five months to get that. And then it was postponed because of last year's vacation. MR. CHAIRMAN: I'm not blaming it on vacation. ~'m telling you that the problem basically here is that I have not corresponded.with the Chairman of the Planning. Board to find out if this is the type of conformity at least if they are going to be dealing with the Site Plan that they're going to approve. I'm talking about the layout. The way the buildings are laid out. MR. ALIANO: I don't think the Planning Board would send me here if they weren't satisfied, do you? The Planning Board is the one that sent me here. They're the ones that said, we had to have the surveyor, VanTuyl, be a little more distinct as to the separation of the building, that was the objection. I went to VanTuyl and I had that done. Then they said, ok, now you take it to the Zoning Board. That's what I'm telling you. MR. CHAIRMAN: Well, the only thing that I can say that I'm going to propose to my board is that, and because of the lack of correspondence from the Planning Board on this particular applica- tion, that you give us ~ppropriate time to sit down with them and discuss anything that might transpire, and this is basically for your benefit, too, Mr. ALiano, because if they're any changes, you're just going to b~ve to come back before this board again. And I'm not talking about any great length of time, you know, a couple of weeks~ so. MR. ALIANO: Will you be able to straighten it out with the Planning Board and then give me a determination without me'having to have another hearing and so forth? MR. CHAIRMAN: Well, we're just going to extend the hearing. But we tan close it at the next Rggular meeting. You don't even have to come if you don't want to. Ok? MR. ALIANO: I'll know where I stand? MR. CHAIRMAN: Yes. Yes. At. that particular period, ok? MR. ALIANO: Ok. I don't want to be penalized because, you know, the Planning Board didn't get together with you, or you didn't Southold Town Board ~ Appeals -21- July 26, 19~4 Regular Meeting (Appeal No. 3259 - NICHOLAS ALIANO, continued:) MR. ALIANO (Continued): get together with them as far as time is concerned. MR. CHAIRMAN: We usually have correspondence from the Planning Board. At this particular .%ime we have nothing from them concerning this application. And if I were to close this hearing, there was nothing I could get from them, ok, then we would have to deny the application and have you come back, therefore, allowing them to put input into this application. And that's what I want to alleviate because it'll costyou money, e~eryone's time, and so on and so forth. MR. AL~ANO: Well, you do what you have to do. MR. CHAIRMAN: Ok. Well, I'll go through the public and see if there's any opposition. Is there anybody that would like to speak in behalf of this appli.cation? RUTH OLIVA: Can I just ask a question? First of all, does Mr. Aliano have permission from Greenport for the water and sewage? MR. ALIANO: I have it in writing from Mr. Monsell. MRS. OLIVA: And one other question. Who is it that will decide how many units per acre he will be allowed, this board or the Planning Board? MR. ALIANO: The book. The book calls for it. The book reads how many is allowed based on having water and sewage. MRS. OLIVA: 6.7 units per acre on four acres does not give 40 units. MR. ALIANO: No, that's if you don't have water and sewage. If you don't have water and sewage, 18 units. MRS. OLIVA: That's 4.2 4.2. Southold Town. Am I right, 4.2 without water and sewage, and 6.7 with water and sewage, units per acre in multiple? MR. ALIANO: This is not multiple. MR. LESSARD: I~m sure the building department will see tO~4that=- MR. ALIANO: I have a letter f~om the Building Department that they checked it out and it does afford 40 units. MR~ CHAIRMAN: Could I have a copy of that, Mr. Aliano? That's an original. _ SECRETARY: We have that in the file. MR. CHAIRMAN: We have that, I apologize. Southold Town Board 6~ Appeals -22- July 26~1984 Regular Meeting (Appeal No. 3259 - NICHOLAS ALIANO, continued:) MR. CHAIRMAN: ~All-'~righ~'. This was the purpose of my suggestion of sitting down with the Planning Board and this is the reason why I'm with this issue, Ok, rather than closing the hearing at this particular time. MRS. OLIYA: It's not that I'm for or against it, I just had a couple of points. MR. CHAIRMAN: Yes. This is what we will address amd I'll say, this is what the Planning Board had suggested, we have a letter that says please disregards and I want to go over that with them, ok. Is there anybody else to speak in favor of the application? Anybody against the application? (No one). I'll make a motion recessing this application until the next Regular Meeting, which will be some time in August. We'll take care of this situation as quickly as we can for you. I realize that you've been before the Planning Board for a long time and in no way do I want to lengthen this process. All right? MR. ALIANO: Will someone contact me and let me know when it will be? MR. CHAIRMAN: Yes. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to recess the matter of NICHOLAS ALIAN~, Appeal No. 3259, until the next Regular Meeting of this.board (which is planned for August 23, 1984). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki, This resolution was unanimously adopted by .all the members. PUBLIC HEARING: Appeal No. 3255. Application of'THOMAS HIGGINS, 48 K~nwQ~d Road, Garden City, NY 1.1530, for a Variance ~o the Zoning Ordinance, Article III, Section 1..~31 for permission to construct deck addition to dwelling with ~d~ction of frontyard setback from Cedar Point Drive East. Identification of Property: 80 Lakeside Drive (a/k/a 675 C~d~r Point Drive East).,~ Southold; Cedar Beac'h'~Park Subdivision Lot Noo 81;.. Coun'ty Tax Map Parcel No. 1000-90-03-014. The Chairman opened the hearing at 8:46 p.m. and read the legal notice of this hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the Suffolk County Tax Map and I have a copy of a survey'amended May 25, 1983 indicating'a five-foot proposed de~k for an area that I don't know-~%he'~length of the house. Would somebody, like to be heard in behalf of the application? Sir? Southold Town Board of Appeals -23- July 26,~]984 Regular Meeting (Appeal No. 3255- THOMAS HIGGINS, continued:) THOMAS HIGGINS: I don't know what to tell you except wha%'s there. The back of the house is with sliding glass doors. I wanted a five-foot walkway to walk around there. Either that or I'm going to have to arrange to have two stoops. MR. CHAIRMAN: Mr. Higgins, how long is that distance? MR. HIGGINS: About the length of the house, 50 feet. MR. CHAIRMAN: Fifty feet. Is there any reason why you suggested a five-foot deck as opposed to anything smaller? MR. HIGGINS: I f~gured it would be k~nd of ridiculous to, I don't know. MR. CHAIRMAN: This will be an open deck? MR, HIGGINS: Yeah. MR. CHAIRMAN: With a railing? MR. HIGGINS: Well, either railing or one step down. Approximately 18 inches off the ground with it. MR. CHAIRMAN: You mean you would put one steps run that the whole 50-foot distance? MR. HIGGINS: Yes. MR. CHAIRMAN: Almost like a stoop effect. MR. HIGGINS: Yes. MR. CHAIRMAN: I thank you. We'll see if there are any other questions. This would be of wood construction, I assume, right? MR. HIGGINS: Yes, sir. MR. CHAIRMAN: Is there anybody else to speak in behalf of the application? Anybody like to speak against the application? Yes, sir? PAUL CAMINITI, ESQ.: Gentlemen, Paul Caminiti. I'm an attorney at Main Road, SoUthold, New York, and I represent the adjacent property owner, Peter Echo~ I also understa~nd that there's quite a bit of interest in this particular appeal, and I think there are about 15 to 20 members of the Cedar Beach Association here in opposition also. In interest of brevity, I've prepared a statement that I would like to submit to the board which covers three points. Two of the points will be covered by the property owners association, and I'll just confine my comments to the first point. If I may-- MR. CHAIRMAN: Certainly. Let me say also that we do have this Southold Town Board of Appeals -24- July 26, 19~ Regular Meeting (Appeal No. 3255 - TH'OMA~'.HI'~GGIN~, cont'inued:) MR. CHAIRMAN (continued): letter in the file with what appears to be approximately 20 signatures in opposition to this, and the board has read it, ok, and we're not required by law to read that, ok, therefore, it would be fruitless also to try and read all the signatures, but we are aware of it. MR. CAMINITI: Mr. Chairman, the first point involves the actual setback provisions. He has a 35~foot setback on the front, 11 feet on the side, and if you'll see from the survey which he attached to his original application, there's 31 feet on the back. Now he originally required a 35-foot setback, but because of the fact that he came under the exception that other houses within 300 feet of his house had a minimal setback of 31 feet, he was allowed the 31-foot setback. But when he submitted an original plan, he submitted a plan for the largest possible house that he cOuld possibly build on that unique piece of property. He took the entire setback of 35 feet, 11 and 31 to build a house of over 1,500 sq. ft. In the original plans he submitted didn't at the time he submitted them, he contemplated a deck, that is the time that he should have submitted them in the plans to conform with the 31-foot setback. Now that he's been granted relief already to allow him to build a house within that 31-foot setback instead of the 35, now he puts in the sliding glass doors and comes to this board and now is requesting an additional five feet which would only give him a 26-foot setback which is completely contrary to all the other homes in the area. He's on a triangular piece of property. It would be obvious there would be a difference between his deck and all the other houses in the area. Another point is, this property intersects two roads, and up until this point there has never been a problem with drainage or flooding. He's completely taken down a lot of the trees that belong to the association. He's scalped the property entirely. It~.s completely barren. And the runoff from the past couple of rain storms have been so severe that there's been a foot, foot and a half of water, at the intersection, and the situation is unbearable. And to allow him any further variances to build decks instead of re-planting trees or §rading, woutd be more harm to the community, and I believe the members of the associa- tion would like to address themselves at this time on that particular point. MR. CHAIRMAN: Thank you, Mr. Caminiti. Would you kindly state your name, sir? FRANK FRANSELL: My name is Frank Fransell; I'm with the Board of Directors of the Cedar Beach Park Association. We had a meeting last Sunday, July 22nd at which time came up and it was agreed that the association would present some of its views on Mr. Higgins' property. He's been building for approximately 15 months now, and we have endured a water condition that has been slightly improved within about the last three weeks and we did bring in quite a lot of topsoil. But of course the grading is such that the problem which was on his land is now on our road. I spent several hundred Southold Town Board of Appeals -25- July 26, i~84 Regular Meeting (Appeal No. 3255 - THOMAS HIGGINS, continued:) MR. FRANSELL (continued): dollars bringing in stone blend trying to fill that in, and we've gotten some relief but it's not quite what we have to do. In addition to that, he has deneutered the property. There's no questio.n about that. Now whether or not the shrubbery that he removed was of fine quality or not is besides the point. All of the roads in Cedar Beach Park are shrubbed up to the road's edge and if you go down to the park and you come in, it's like going into a tunnel of trees, and you turn the bend and you have somewhat of an open area and then you come to another tunnel of trees. But of course the tunnel had_been broken where he was. We think he should put them back, He has promised to do it, but that was 15 months ago, and 'at this point,|we don't think this argument is relevant to the deck except fo'r the fact he says every house has a deck. There isn't a ho.use in Cedar Beach Park, a house in Cedar Beach Park, that has a deck on th~ road side. I think it's out of keeping with the character of ~he area to put a deck on the road s'ide. If he wants to put a deck, let him put it in the back of the house where everyone else has a deck. And that's the opinion of the association. I speak for them at this point. We like to be good neighbors. We'relnot out to hurt Mr. Higgins, but itJs time that he began to cooperate with us a little bit more. MR. CHAIRMAN: Thank you, sir. Is there anybody else that would like to speak against the application? Mr. Higgins, could you gi~ve us a copy of the present building plan so that we might calculate the square footage of t~e existing building, breezeway and garage. Not tonight. It's not necessary tonight. You can bring it down to the office some time. MR. HIGGINS: Can I say something? MR. CHAI'RMAN: Surely. MR. HIGGINS: My property is no% %he only property that the trees were removed from~down that area. The man that just spoke-- he~s got~a ( ) in front of his ~ouse. Number 2, the water problem that is created is created because I backfilled the area. And that was my only hope of havieg a well down there. The well, the guy from Mattituck, Kreiger, called_me, if you have the runoff going onto your property, you're gQ.~ng to have problem with that 'well, So to protect myself so t~at I could have a well, I back- fil.~e~ it, The water t.hat.'s running off that's running onto the rQ~.~s not running off my proper~y. I'm the guy at the bottom of ne h~.ll. It s. coming off thelPropert~es all the way around, The only way to solve 'the Problem/there with the' water on the road is to put a hole in my pro~'erty aO'd let the water run in there. Which-'I don't' think is fai'r to me~ And the reason I have the 31-foot from the road on this'side i's on account of the man that put:.h.is up. His house is 31 feet to the road. ThatJs the reason I could do it. That's al'l I want to say. Southold Town Board 6~ Appeals -26- July 26,'~'i984 Regular Meeting (Appeal No. 3255 - THOMAS HIGGIN_S, continued:) MR. CHAIRMAN: You will bring in that plan for us to our office before we start deliberating on this application? MR~ HIGGINS: Ok~ MR. CHAIRMAN: Is there anybody else that would like to speak either for or against the appl~cation?. (None) Questions fr~om board members? (None) Hearing no further questions, I'll make a motion closing the hearing pending receipt of the present building plan for the purpose .of calculating the square footage. On motion by Mr. Goehringer, seconded by Mr. Grigonis,~it was RESOLVED, to close the~h~ar}~in the matter of Appeal No. 3255, application of THOMAS HIGGINS, pending receipt of the building plan of the house and deck for the purpose of calculating percentage of lot coverage. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. TEM?ORAR¥ RECESS: On motion by Mr. Sawicki, seconded by Mr. Goeh~~~ w~s ~ESOLVED, to recess temporarily for approxi- mately five m~nutes. T~his resolution was unanimously adopted. RECONVENE REGULAR MEETING: On motion by Mr, G~hringer, secon~ by Mr. Sa~icki; it was RESOLVED, to reconvene the Regular Meeting of this Board. T~s resolution was unanimously ados%ed. The meeting reconvened'at 9:16 o'clock p.m. (continued on page 26) Southold Town Board ' Appeals -27- July 26, T~84 Regular Meeting RECESSED PUBLIC HEARING: Appeal No. 3234: Application of ARTHUR R. TRUCKENBRODT, ETTAL., Private Road, Orient, NY for a reversal of the interpretation of the building inspector concerning a Certificate of Occupancy No. Zl1736 issued June 21, 1983, to E. Loucopoulos and H. Damianos for a one-family dwelling and four accessory cottage structures at Private Road No. 7 (a/k/a Diederick's Road), Orient; County Tax Map Parcel No. 1000-18-03-005 [Current Owners: D.I. Abbott and J.T. Swanson]. The Chairman recon~ened the public hearing on this matter, which was recessed from the June 21, 1984 public hearing, at approximately 9:16 o'clock p.m. MR. CHAIRMAN (GOEHRINGER): Mr. Pachman~ since this hearing was brought about by you and your clients, I would assume you would be the first one to address the board. HOWARD PACHMAN, ESQ.: I had served the Board of Assessors last time with a subpoena, and they did'n't supply the record at that time. They have since come in and they were mailed to me. I have them here. I would like to submit them to the board. (Mr. Pachman submitted the Assessor's transmittal letter with enclosures.listed thereon.) When I was talking last time, I was referring to a map showing the Abbott and Swanson property and the adjacent owners and the right-of-way. I didn't have an extra of that, and now I have a copy which I'd like the board to have. Since we referring to it, it should be part of the record. And if you will recall, the telephone company was here last time, and he testified as to certain books and records that he did not have copies of. He was asked to mail copies to the board and to myself. Did the board get their copies? MR. CHAIRMAN: No. MR. PACHMAN:~ All right. I have a copy for the board. I have a copy for my adversary. MR. CHAIRMAN: You meant LILCO. MR. PACHMAN: LILCO. I'm sorry. If you want more than one copy, I have extra copies. (Mr!. Pachma~ submitted five photocopies concerning LILCO for the record.) I think at this point, I don't have anything to add except what I will reserve for the rebuttal. Southold Town Board Appeals -28- July 26, T~84 Regular Meeting (Appeal No. 3234 TRUCKENBRODT/ABBOTT AND SWANSON, continued:) MR. CHAIRMAN: Mr. Esseks? WILLIAM W. ESSEKS, ESQ.: I have an affidavit of Doctor Damianos, I can't pronounce his name--and he's here, and I'm going to also have him testify. So I'd like to have his affidavit be part of the record, and I have a copy for ~he Doc%~r~. Doctor, did you want to come up~ as a further witness? DOCTOR DAMIANOS: Thank you. MR. CHAIRMAN: Doctor, would you raise your right hand please? Anything you have to say concerning, this hearing concerning this appli- cation will be the truth, the whole truth, and nothing but the truth? DR. DAMIANOS: Yes (raising his right hand). ~ETITIONER's STENOGRAPHER: Could you spell your full name? DR. DAMIANOS: H-E-R-O-D-O-T-U-S D-A-M-I-A-N-O-S. MR. ESSEKS: Are you a medical doctor? DR. DAMIANOS: Yes. MR. ESSEKS: I'll show you a survey that Mr. Pachman just gave to the chairman that ~urports to show a parcel of land bounded on the north by the Long Island Sound. Do you ~cog~ize this parcel? DR. BAMIANOS: Yes. MR. ESSEKS: Did you ever own it? DR. DAMIANDS: Yes, we did. MR. ESSEKS: By yourself or someone else? DR, DAMIANOS: With my sister, Mrs. E-U-R-Y-D-I-C-E, pronounced Eurydice, Lo~copoulos, L-O-U-C-O-P-O~U-L-O-S, a nice Polish name. MR. ESSEKS: Doctor. The survey that Mr. Pachman handed up purports to show four cottages, and a two-story frame house. DR. DAMIANOS: That's correct. MR. ESSEKS: When didiyou and your sister acquire t~6 premises? DR. DAMIA~OS: In 1973. MR. ESSEKS: And When did you sell it? DR. DAMIANOS: ~6¢ently in 1984. Early of this year. Southold Town Board ~ Appeals -29- July 26, 7984 Regular Meeting (Appeal No. 3234 TRUCKENBRODT/ABBOTT AND SWANSON, continued:) MR. ESSEKS: The cottages--were the cottages shown on this survey and the house shown on this survey on the premises when you acquired it in 19737 DR, DAMIANOS: Yes, they were. MR. ESSEKS: Now, would you be so good as to describe to the audience and the members of the Board of Appeals the extent, if any, to which you or anyone else used those cotta§e~ between the time you acquired it in 1973 until the time you sold it to my clients? DR. DAMIANOS: In 1973, when we acquired the property, we are presently operators of a Nursing Home called Woodhaven Nursing Home in Port Jefferson~ and two larger built Homes, one in Port Jefferson Station, and one in Patchogue. These facilities employ more than 300 people, 200 people. At that time, my sister and I decided that we would find an area in which some of our employees would benefit by this lovely piece of property. And that's primarily what precipitated us in buying this in 1973. When we first viewed the property, we had our employees use the cabins on the property for what we call rest and rehabilitation, and did so up until the sale of the property. (At this point in time, Mr. Leslie laughed 16udly.) MR. ESSEKS: Mr. Chairman, is it expected that members of the audience can giggle and cackle and carry on in the adolescent fashion? MR. CHAIRMAN: Not usually, Sir. MR. ESSEKS: I think it will detract somewhat from the ability of my client to present their case. DR. DAMIANOS: Oh, that's ok, Counsellor. I'm sure that you'll be asking more questions that would certainly vindicate that comment. MR. ESSEKS: Did you visit the property each year, 1973 to 19837 DR. DAMIANOS: Yes, I did. MR. ESSEKS: Then tell the members of the audience, the members of the board, to what extent you visited the property yourself and saw it either yourself, members of the family or others using the property? DR. DAMIANOS: Yes. During the Year '73 until approximately '78, '79, they were primarily occupied by members of our--employees of our facilities. I can certainly attest that in '80 when Pindar Vineyards was established here on Peconic, Long Island, I also incorporated some of our vineyard people and our workers who worked in such close proximity to use the cottages;.and in 1980, 1981, 1982, and 1983, not only did the members of my staff frequent the cottages, so did I. Southold Town Board ~f~Appeals -30- July 26, ~84 Regular Meeting (Appeal No. 3234 - TRUCKENBRODT/ABBOTT AND SWANSON, continued:) MR. ESSEKS: Did you stay overnight, or did you just occupy them during the day? DR. DAMIANOS: Many, many times. Overnight. MR. ESSEKS: Do you recognize this gentleman who is giggling? DR. DAMIANOS: I really don't recognize anyone. Only the com- plaints that I would unhur~i~e'dly get about radios being o.n, et cetera. And that's one of the problems that we had, and we banned all radios used on the premises. MR. ESSEKS: Did you ever see him at the premises--the gentleman with the orange shirt? DR. DAMIANOS: Many of these people who lived adjoining the property would come to the property and ask who we were, and when I was there, I would introduce them and myself. But when I was not present, I always had a letter of authorization on m~ stationery informing anyone who arrived on my property that these people were allowed to be on my property on the part of my staff in the ~event that a poldce car would come or whatever the case may be. They had a document that I would write, and they would carry with them at all times. MR. ESSEKS: Now, the content that you described, did it occur each year, '73, 74, 75, 76, 77, 78, 79, 80, 81, 82, and 83? DR. DAMIANOS: Yes, we always had residents or people staying at that property during these years. MR. ESSEKS: Can you identify my name some of the people that you personally recollect-- DR. DAMIANOS: Absolutely. MR. ESSEKS: That you know stayed there. DR, DAMIANOS: Well, absolutely. MR. ESSEKS: Can you describe them by name? DR. DAMIANOS: Number one, Mr~ and Mrs. James Morand and their son, John, who was my vineyard foreman. Alexander and Jason Damianos, two of my boys. Michael Jazanti (spelling~unknown), one of my part-time helpers from St. James, Long Island, where I live. K.J. Morand, also a worker on the vineyard. John Carlucci, also a worker on the vineyard. Kirk Kelly, Arlene Connolly, and her husband. MR. ESSEKS: I ask that you would read this affidavit of Arlene Connolly. Southold Town Board ~ Appeals -31- July 26~'-~1984 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/-ABBOTT/SWANSON, continued:) DR. DAMIAND~..Arlene ConnDlly, being duly sworn, deposes and says: 1. I am employed by the Woodhaven Home for Adults; 2. I make this affidavit to advise that during the July 4th weekend in 1975 I occupied two of the cabins on the property in question with my sister and friends; 3. During the 4th of July weekend in 1978 I occupied one cabin at the prope.rty with my husband and my sister .... " Signed Arlene Connolly and notarized. MR. ESSEKS: I ask that that be made part of the record. Do you know a "Kathryn Krejci?" DR. DAMIANOS: Oh, yes, she's a sweetheart. MR. ESSEKS: Besides that she's a sweetheart, do you also know her in some other capacity? (A remark was made by Dick Leslie to Dr. Damianos.) DR. DAMIANOS to Dick Leslie: How dare you say that! MR. CHAIRMAN: Excuse me? DR. DAMIANOS: I refuse to be insulted by members of your group here or by the audience. If anyone, I would say, Sir--excuse me, I have my rights as well, but a ~rjurer I am not. How dare you make that accu-sation! MR. ESSEKS: I hope that the record reflects the comments of the gentleman, and Mr. Pachman, would you so good as to identify him for the record? Identify your client who stated that Dr. Damianos was a perjurer, a person guilty of a committed crime. MR. PACHMAN: May I have a break here, Mr.-- MR. ESSEKS: I would like the record to reflect the gentleman who did that. MR. CHAIRMAN: t just want to say something before-= Doctor? I must apologize at the last hearing which you were not, I did have a police officer present. I was with the Chief of Police yesterday. I did not ask him~ DR. DAMIANOS: I'm sorry, sir. I had no i. ntent to create a problem. Perjury of course is very damaging to myself and my reputation.., and I will withhold all comments if you would care for me to read the next affidavit, I would be happy to do so. MR. CHAIRMAN: Just let me say that normally in this particular case, I have no intentions of taki.ng anybody fr~m this board and asking someone to physically remove themselves from this premises, that was the purpose of the police officer, Ok? Southold Town Board Appeals -32- July 26,~984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) DR. DAMIANOS: I understand. MR. CHAIRMAN: At this particular time, I have the telephone plugged in, and if there are any further outbreaks, all right, by anybody in the audience that does not have a mike in their hand and is not speaking in the mike so that it can be controlled by this lady down here and this lady up here, I will call the_police and I Wi'tl have them extricated from this room. DRo DAMIANOS: Mr. Chairman, thank you very much for your kindness and your gentleness, and we certainly ~ppreciate it. MR. CHAIRMAN: M~ Pachman, did you want to-- MR. PACHMAN: Can we have a fiveZminute recess? MR. CHAIRMAN: Do you have any objection to that? MR. ESSEKS: None. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to recess for approximately five minuzes. Vote of the Board: Ayes: Messrso Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members'. At 9:41 p.m,, the meeting ~econvened, on motion by Mr. Douglass~ seconded by Mr~ Grigonis, it was RESOLVED, to reconvene the meeting of this board and to continue with the public hearing in the matter of Appeal No. 3234, TrUcke~brOdt/Abbott/sw~nson. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Doug]ass and Sawicki, This resolution was unanimously adopted by all the members. DICK LE~LIE:ap61og.ized~%oL~helboard and the members of the audience and assured_..~.hem tbe..'d~sruption would not happen again. MR. ESSEKS: Doctor, I believe we were at the point where I was asking you if you knew a Kathryn Krejci. DR. D~MIANOS:'" Krejci. MR. ESSEKS: Is she empl'oyed at one of your places of business, sir? DR. DAMIANOS: Yes, she is. Southold Town Board ~ Appeals -33- July 26, ]~984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. ESSEKS: In what capacity? DR. DAMIANOS: She's an assistant administrator. MR. ESSEKS: Now, would you read her affidavit please? DR. DAMIANOS: Yes. "..oKathryn Krejci, being duly sworn, deposes and says': l. I reside at"Miller ?lace, New York and I am employed by the Woodhaven Home for Adults; 2. I Bake this affidavit to advise that my husband and I stayed in cottage number 4 on the property in question for at least one night on my birthday weekend during the years 1981 and 1982~ 3. I further advise that there was no electrical power at that time and my husband and I employed a camping lantern .... MR. ESSEKS: I would like the original, which t believe you have in your hand, to be made a part of the record. I gave a copy to Mr. Pachman. MS. GERARDI, stenographer for Mr. Pachman, asked Dr. Damianos for the spelling of Krejci. DR. DAMIANOS: K-R~E-J=C-I. MR. ESSEKS: K-R-E-J-C-I. MR. PACHMAN: Well there are two different spellings on the affidavit, I believe the bottom one is the correct one. MR. ESSEKS: The one that she printed. She's here and she will be sworn in a couple of minutes. Doctor, did there come a time when there was no longer electricity servicing the cabin? DR. DAMIANOS: Yes, there was. MR. ESSEKS: A~ when was that. DR, DAMIANOS: I really don't recall MR. ESSEKS: What did you do with regard to toilet facilities after there was no longer electricity at the site? DR. DAMIANOS: Did two things in terms of sanitation at the time that I was there and what was instructed the people who were there. We brought with us jerry cans that we used on the vineyard for bringing out fresh water, for fresh water. What we would no~ma]l.'Iy do is arrive at about 6 or 7 o'clock and just in the beautiful ..... long Island Sound after a hard day's work. We c~r~ied on the ~re_sh~ater, and ~be u~e of the toilet facilities in the cabin using the water from the sea that we carried in to use as a flushing d.e.vice~ MR~ ESSEKS: Doctor, annexed to your affidavit that's been Southold Town Board ~ Appeals -34- July 26, ~T98.4 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. ESSEKS (continued.): handed up and made a part of the record, is something called Green Acre cottages rules and regulations. Could you tell us who created those rules and regulations, for what purpose and what you did with them. DR. DAMIANOS: What we did back in '73 when the recreation department had built the nursing home and the adult homes coordinated t'he use of the cabins by the employees, various rules and regulations that would govern their behavior of this property inasmuch as that there were other people and neighbors present, and this was formulated regarding check-in time, check-out time, what could be done and what could not be done, and these were the rules and regulations of which anyone who went to the cottages were obligated to abide by. We called the property "Green Acres." MR. ESSEKS: I have no other questions. MR~ ESSEKS: Do you have a recollection as to whether the location of the cottages -- wi%hdrawn. When d~d you first see the cottages? DR. DAMIANOS: 1972, I believe, sir. MR. ESSEKS: Are they in the same location today as they were in '72? DR~ DAMIANOS: Yes, they are. MR. ESSEKS: A~ they any larger? Were they in the same physical size in '83 when you sole. it to my clients as it was in '72 when you first saw it? DR. DAMIANOS: Same size, sir. MR. ESSEKS: Now, when you bou§ht the cottages in '73, how were they furnished? DR, DAMIANOS: There was a small k~tchen, a bathroom, bedroom, sort of like a little ( ) room, small little porch. M'R. ESSEKS': Furniture? DR. DAMIANOS: There was some furniture. Yes. There was some furniture. As a matter of fact, the'kitchen, xes. I'wouldn't give much for the beds. MR. ESSEKS: I have no other questions. MR. CHAIRMAN: Can I ask one question? DR, DAMIANOS: Sure. Southold Town Board oYAppeals -35- July 26,~984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCK~NBR~D~/ABBOTT/SWANSON, continued:) MR. CHAIRMAN: DoctOr, at any time, were these cottages rented for a monetary sum? MR. ESSEKS: Mr. Chairman, I assume you mean while he owned them? MR. CHAIRMAN: While he owned them, yes. DR. DAMIANOS: They were leased to the Adult Home and to the Nursing Home~ Yes, MR. CHAIRMAN: But you did not charge any of your employees any money? DR. DAMIANOS: No. The homes themselves paid for the rental as part of some of the benefits that they would receive. MR. CHAIRMAN: Is there any lease agreement that you could show u's? MR. ESSEKS: Yes. MR. CHAIRMAN: Oh, you have that. Ok. I'm over-stepping- MR. ESSEKS: I've got to get them in order. MR. CHAIRMAN: Is this taking you out of order? MR. ESSEKS: I've got to find these things. Doctor, I'll show you at least what purports to be two xerox copies of executed leases between--I'm not going to go through those names-- DR. DAMIANOS: Let me try. Xenophon Damianos and Herodotos Damianos. MS. GERARDI, stenographer: Say that again? DR~ DAMIANOS: X-E-N-O-P-H-O-N Damianos, D-A-M-~A-N-O-S, and H~rodotos H~E-R-O=D-O-T-S Damianos, herein referred to as Landlord, and South Country Adult Homes regarding property at Orient, New York known as Green Acres~ dated November 1st, 1973, and to end October31s%~ 1978. MR. ESSEKS: You also have a lease, how much was the consideration on that? DR. DAMIANOS: Ten thousand, ten thousand dollars. MR. ESSEKS: For the same period of time there was also a lease -- DR. DAMIANOS: With the same names, Woodhaven Home for Adults, property at'Orient, New York, known as Green Acres, November ls%, 1973, until October 31st, 1978, for a sum of ~10,000. MR. ESSEKS Those were both Woodhaven Home for Adults, right? DR. DAMIANOS: One was Home for Adults, the other was SOuth Country Homes. Southold Town Board of Appeals -36- July 26, T984 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. ESSEKS: All right. Here are two more. DR. DAMIANOS: Again, same names, South Country Adult Home, same propety at Orient, New York, known as Green Acres, from November 1st, 1973 until October 31st, '78, annual rental $10,000. Another lease sent for the same names, Orient Point to Wood,ave Home for Adults November 1st, 1978 until October 31st, '83, $10~000. MR. ESSEKS: Are those true xerox copies of the original leases that were xeroxed in my presence by your lawyer and given to me two weeks ago? DR. DAMIANOS: Yes, that's correct. MR. ESSEKS: I ask that they be part of the record. (Four xerox copies of leases were entered for the record and marked WE, exhibits 5, 6, 7, 8 of 7/26,by the Chairman.) MR. CHAIRMAN: I d like no further .testimony until?-I'm not going to say anything until I get a copy so I can log them in. MR. PACHMAN reviewed the four xerox copies of leases and had no objection. MR. CHAIRMAN: I'm numbering them. Ok, did you have a question, Mr. Esseks? MR. ESSEKS: No. I have no further questions of the witness and I apologize for interrupting.~ MR. CHAIRMAN: Doctor, I will ask you maybe a question or two duri'ng-- Mr. Pachman? MR. PACHMAN: I'll wait. MR. CHAIRMAN: Nb', no. That was all I -- MR. PACHMAN: Before ~ ask any questions of the Doctor, is Kathryn Krejci-- MR. ESSEKS: She's here. MR. PACHMAN: She's going to testify? MR. ESSEKS: Yes. MR. PACHMAN: AI~ right, so I'll hold off on that affidavit until she testifies. Is Arlene Connolly going to testify? MR. ESSEKS: Is she here? E×3Ô‹³„$a÷&+ 4c8FB¾=„@TîåVu ¬ µÛÂ$a÷&+ 4c8FB¾=„@Tïå QÝ6 µÛÂ$a÷&+ 4c8FB¾=„@Tðå-ö ø r/ƒ •%a÷&+ 4c8FB¾=„@Tñå HË%r/ƒ •%a÷&+ 4c8FB¾=„@Tòå8Å 6ïè[%a÷&+ 4c8FB¾=„@TóåOáqïè[%a÷&+ 4c8FB¾=„@TôåD  ÐI!Ã%a÷&+ 4c8FB¾=„@Tõå KØ4ÐI!Ã%a÷&+ 4c8FB¾=„@TöåȾ ö‹Ã%a÷&+ 4c8FB¾=„@T÷åZâ ö‹Ã%a÷&+ 4c8FB¾=„@TøåZâ ö‹Ã%a÷&+ 4c8FB¾=„@RIVESOUTHOLD 0^µ&ɯŽ ,DrŽ¢08351000-43.-1-9PLYMOUTH BUILDERS, INC.MANHANSET AVE GREENPORT T6V #)3;Uƒ¯1055231171619951000-71.-1-42MCNEILLY CUSTIS W & ORSMCNEILLY CUSTIS”@ì˜DðœHô Lø¤Pü¨T¬X°\´` ¸d¼hÀlÄpÈt Ìx$Ð|(Ô € , Ø „ 0 Ü ˆ 4 à Œ 8 ä  < è”@ì˜DðœHô Lø¤Pü¨T¬X°\´`ÿZ¶°.AdèÃÄ&8TùåZâ ö‹Ã%a÷&+ 4c8FB¾=„@Túå 'Ú¹ ðÚññ!Þ%÷&+ 4c8FB¾=„@TûåRé§Úññ!Þ%÷&+ 4c8FB¾=„@Tüå œ TWcÅ%â)÷&+ 4c8FB¾=„@TýåVà?© Å%â)÷&+ 4c8FB¾=„@Tþå B/ ( ¶âc#ö(÷&+ 4c8FB¾=„@TÿåYì Southold Town Board Appeals -38- July 26,~1984 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON~_con~inued:) DR. DAMIANDS: That's correct. MR. PACHMAN: And you received rent from both corporations for the same property? DR. DAMIANOS: They're not corporations, but nevertheless. MR. PACHMAN: Entity. DR. DAMIANOS: Yes. MR. PACHMAN: Ok. Let me just go back to the first one that you leased to Woodhaven Home.for Adults which was from, Woodhaven Home for Adults, and~that was from October lst--November 1st, 1973 to Octo- ber 31st, 1978. Now that lease expired prior to two years before the transfer of title, ~m Iicorrect?. DR. DAM~ANOS: May I see the leases? MR. PACHMAN: Yes, sir. And I think that expired some four years before. DR. DAMIANOS: The lease from Woodhaven Home for Adults, 1973 to 1978, correct. MR. PACHMAN: So that was not, the coverage did not cover a period for two years prior to when you transferred the title? DR. DAMIANOS: You"re referring to 19817 MR. PACHMAN: That's right. This lease. DR. DAMIANOS: With that lease, no. MR. PACHMAN: Ok. I have no objection to that lease, and I just want the-board to indicate it, I don't know how you marked it. MR, CHAIRMAN: WE 5. MR. PACHMAN: That would be number 57 MR. CHAIRMAN: Yes. MR. PACHMAN: OK. Now with reference to the lease between yourself and the Suffolk County Adult Home which also covers the _period of November 1., '73 to '.78, your answer to that would be the same? DR. DAMIANOS: The lease reads November 1st, '73 to October 31st, '78, and the entity is called the~South Count'ry Adult Home, that is cOrrect. Southold Town Board Appeals -39- July 26, '~984 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRDDT/ABBOTT/SWANSON, continued:) MR. PACHMAN: So that doesn't cover a period in excess-- it would have been two years from the time you transferred the title? DR, DAMIANOS: 1978, Counsellor. MR, PACHMAN: Ok. So I would have no objection to that lease being entered, and I think it should be indicated that's the period of time. Now we cover the leases which apparently overlap. That's the one from Novem~- I haven't lost the board, I hope. MR. CHAIRMAN: I'm referring to our recorder that that was number 8. MR. PACHMAN: Oh., ok. Thank you. Is this number 7, sir? MR, CHAIRMAN: Yes. MR. PACHMAN: Ok. With reference to Exhibit #7 which is yourself and Woodhaven'Homes, that is for the period starting with '78, resum- ing when the other lease expired, and went to October 31st of '83. You remember when you transferred the property, what date? DR, DAMIANOS: Um, November 3rd, '83. MR. PACHMAN: November 30 of '83. So that was after this lease? DR. DAMIANOS: Third. MR. PACHMAN: Third. All right. So that was after this lease expired? DR, DAMI.ANDS: Yes° MR, PACHMAN: Ok. In the period beginning with t9-- this lease doesn't define whether it covers the cottages or the main house, does it? DR. DAMIANOS: Green Acres is known at the Adult Homes' and at the Nursing Home as being a parcel of land located in Orient Point, which consists of the main ~puse and four cabins. MR. PACHMAN: Ok. So, although the lease covers that parcel of Property, it does not segregate or say which portion of the rental applied to the cabins and which portion of rental applied to the main house. MR. ESSEKS: Is that a question? MR, PACHMAN: Sounds like one to MR. 'ESSEKS: Wouldn't you say the lease speaks for itself, Howard? MR, PACHMAN: I'-'can'~!answe~i~tba~ques~on. The lease dOesn't speak'fo~_itself. If the lease spoke for itself, I wouldn't ask the q~estion. Southold Town Board Of Appeals -40- July 26,~1984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/~BBOTT/SWANSON, continued:) DR. ~AMIANOS: I think the intent of the lease and as the employees have viewed this, is that the property consisted of the main house and four cabins, and the lease included at the time 12 point something acres called Green Acres, and all of the structures were available to these employees. MR, PACHMAN: Doctor, whether the buildin~..were occupied or not, you would still get the rent, is that cor~ct? DR, DAMIANOS: I would say, counsel, that that's true of any ~ease. MR. PACHMAN: Ok~ So wh~ther the b'uildings were occupied, the cabins were occupied, the mere fact that you entered into a lease does not in any way indicate that anyone occupied the cabins. DR. DAMIANOS: I can't make that judgment. I think that's probably a conclusion that you've made. MR', PACHMA'N: Well, i,'m asking you, if you-- if the payment of the ren~ has'any condition that it be occupi~d .by anybod~ between th~ two corporation.s that paid $10,000 annually to each one of these properties for~a to~al]of $.2~,~'00, was i.~. predicated on the fact that .they be o. ccupied or not occup~6d~ DR, DAMIANOS: The lease was predicated on the fact that these cabins, all including a house, were open for the em~!oyees of the three facilities'in which ~ MR. ~ACHMAN: I'm not denying that, Doctor. I'm just asking you whether i_~ was necessary that.they be occupied for the rent that they paid? DR. DAMIAN~S: I've never structured a lease in that fashion and I don't kno~'h~w to answer that question. MR. PACHMAN: It doesn't ~atter whether they were occupied or not, Woodhaven Home for the Adults and S~U~h Country Adul~ Home would pay the r6nt? DR. DAMIANOS: That's correct. MR. PACHMAN: And I pres]ume your books reflect that obviously that a rent't~a~ taken at the time. D'R~ DAMIANOS: Certainly. MR, PACHMAN: Ok. I ~ave no objection to that. Now, Doctor, the lease_that ex.~ired 1978,'~.'which was the first two leases, seem to coincide with"t'he same time that ~he electricity was turned off with LILCO. Do you remember turning the electrici..~y off with LILCO? Southold Town Board 6f Appeals -41- July 26, 1~84 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKE.NBRODT/ABBOTT/SWANSON, continued:) DR. DAMIANOS: I believe the office may have managed that during the winter months, yes. I received a telephone call from Mr. Galluc~son i~ 1978. It was December, if I recall correctly, in which he called me at:my Off~ce and informed me that some of the wires were down and that that it might be dangerous for people that might be t~espassing on the property. At that time I informed my office who handled the matter i~ order to have the power I would imagine at that time turned off so that no damage be done since there was a storm and something had occurred to the wires coming across the property. MR. PACHMAN: I appreciate that, Doctor. Now, did you repair those wires at any time? DR. DAMZA~OS: No. MR, PACHMAN: Was the electricity turned on in 19797 DR. DANIANOS: The electricity was not turned on from 1979 until 1983. MR, PACHMAN: Ok. So anyone who occupied the main building or the cabins occupied it without electricity. DR~ DAMIANOS: That's correct. MR. PACHMAN: And a~yone who occupied the'buildings during that period of time had to carry a jerry can of water to flush the toilet? DR. DAMIANOS: No, sir. They carried a jerry can of water for potable water. MR. PACHMAN: Ok. How d~d they flush the toilet? DR. DAMIANOS: About 100 feet away is the great Long Island Sound and they picked up the bucket of water from there and they flushed the toilets. MR~ PACHMAN: Doctor, is that good practices? DR, DAMIANOS: Of course, it is, sir. It certainly beats going in the bushes. MR PACHMAN: It certainly beats good plumbing~ r~§ht? DR DAMIANOS: There's a cesspool. MR PACHMAN: But the cesspool wasn't used? MR ESSEKS~L Did you get an answer to your question? MR PACHMAN: I~m waiting. DR DAMIANOS: I didn't go down to the cesspool to see whether it was being used. I know that pipes went into the cesspool. Southold T. own Board ~ Appeals -42- July 26, ~F984 Regular Meeting (Appeai No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN: Ok. Did you supply camping equipment to the people using these premises? DR. DAM'IANOS: No. MR. PACHMAN: Did they use camping equipment when they used these premises, that you know of. DR. DAMIANOS: In part~ I do know of. MR. PACHMAN: Ok. And do you know the nature of this camping equipment that they used? DR. DAMIANOS: Yes. They used coleman lamps for illumination in the even%ng, they brought in barbeque and Hibachi apparatus. They brought in sleeping bags and also sleeping cots. MR. PACHMAN: Doctor, do you know the premises, you know it fairly well, don't you? DR. DAMIANOS: Yes, I do. MR. PACHMAN: If someone was using a Hibachi or an outdoor grill, and with .the neighbors surrounding the property be able to see that? DR. DAMIANOS: The neighbors that were constantly trespassing probably could. But the location where the neighbors were, it would may or may not be visible depending on what they were doing. MR. PACHMAN:Y Would you see smoke? DR. DAMIANOS: From a Hibachi, sir? Very little I think. By the time they would see it from the distance they were at, it would have d}ffused in the atmosphere. MR. PACHMAN: These people I presume swam at the beach? DR. DAMIANOS: Yes. MR. PACHMAN: Were the people who lived surrounding the property, were they able to see whether people used the beach and were in the water if they were looking-- DR. DAMIANOS: Probably only one person would probably see that, and I th~nki~that that was Mr. Gallockson who had a house by the water. The others I~m not sure whether they could see them or not. MR. PACHMAN: Well, Mearns has-- if I show you this survey which we looked at before and asked you if those ~re the four cabins, would you think your attorney--no, as I showed you before the four cabins e~st right here, ~s that correct? Southold Town Board 6f Appeals -43- July 26,. '1984 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) DR. DAMIANOS: That's correct. MR. ~ACHMAN: All right. Now you have the Mearns, did they see from the water-side anyone doing anything on the water-side in the location of their property? DR. DAMIANOS: Are the Mearns the Gallucksons? MR. PACHMAN: No. Mearns are the ones all the way at the edge near the water. DR. DAMIANOS: No, their house is at the end of the--at the end close to the water. There is ~ome hedges of some kind of foliage that separpates the property from that last cabin. As a matter of fact, they even put a fence up there. If I recall correctly, unless that fence was taken down, and I would imagine that they went on their patio and looked out to their extreme east, they would probably see peQple swimming, yes. MR. PACHMAN: What about the Gullocksons? DR. DAMIANOS: I really don't know because there is so much dense foliage and heavy trees, I'm not certain whether they could see where we might be swimming at the beach. MR. PACHMAN: What about the Hesses? DR. DAMIANOS: Sir, I would find that difficult and I again cannot be certain. But I think I would find it difficult unless you"re looking through the trees. It's very heavily wooded. And there is a gully down-- MR~ PACHMAN~ Do you know when those trees were taken down? DR. DAMIANOS: Which trees, sir? MR. PACHMAN: Blocking the Mearns, the Gullocksons and the Hesses on the same side. Do you recollect when they were taken down? DR. DAMIANOS: I didn't say there were trees blocking. The property here is covered with trees. If you looked at the property and if you walked the property, you would find that when you come over a deep rise and y.ou go down approximately maybe 20 or 30 feet and then come down into the flatland, there is a slight rise coming up, and 'then down again to the water side. If you were sitting on the beach back by the tree line, just sitting, you probably could not see someone at the water line because of that slight, that slight cove that comes over. MR. PACHMAN: On the north side of that property, a gentleman by the name of Pung, Dr. Pung-- Southold Town Board Appeals -44- July 26, 198~'' Regular Meeting (Appeal No. 3234 - ARTHUR~R.''TRUCKENBRODT/ABBOTT/SWANSON_. ~ continued:) DR. DAMIANOS: Dr. Pung. I know Dr. Pung well. As a matter of fact, he-- MR. PACHMAN: Would he be able to see the property? DR. DAMIANOS: Dr. Pung could probably see part of the property. He uses my property all the time to bring in helicopters. Dr. Pung is a chemo-therapist in New York and it's difficult to communicate with him sometimes, and I don't him using the property, but I was worried about the safety and liability involved when he flew in with helicopters.' I~tdld him he could use the p_roperty but he would please check to be sure there were no people on the beach, otherwise somebody might be injured. Dr. Pung and I had difficulty in communicating in the English lan.guage. MR, PACHMAN: When you say cottages l, 2, 3 or 4, can you designate to me on here,~which you mean are cabins l, 2, 3 and 4, if I take a pen so we know which ones we~'re talking about, if we take this one, now this is the main house right here, right? DR. DAMIANOS: Let me see. I don't have my glasses. Yes. That's the two-story framed house. ~ MR. PACHMAN: Ok. ~f we take the first one to that.,~-ca~-- we call it number one. DR. DAMIANOS: Ok. MR. ESSEKS: Howard, you were asking him a question. MR. PACHMAN: I'm just saying t want him to designate the map. MR. ESSEKS: Why don't you go ahead and ask for it? DR. DAMIANOS: If you want to call it number one, that's fine. MR. PACHMAN: Do you want to call it number four? MR. ESSEKS: I don't care what you call it. MR. PACHMAN: What number do you want to call it? DR. DAMIANOS: I don't know. What number do you want? MR. PACHMAN: Call it any number you want. DR. DAMIANOS: Call it four. MR. PACHMAN: Call that one four? .: DR. DAMIANDS: One to ten. Take four. MR. PACHMAN: Call that one four. Ok. Let's take the one to the left of that. Southold Town Board 6f Appeals -45- July 26, 198¥ Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT_ ~ABBOTT/SWANSO~,_ continued:) DR. DAMIANOS. So it would have to be three, two, one I would imagine. MR. CNAIRMAN: Mr. Pachman, could you tell us which one you're-- MR. PACHMAN: I'm going to give it to you right now so you can see them, ok? MR. CHAIRMAN: So I would assume one is on the west side. MR. PACHMAN: Yes. MR. CHAIRMAN: And four is on the east Side? MR. PACHMAN: Right. For the record, ok? So the most, well the easterly cabin is number four and the most westerly cabin in number one. Do you know if at any time whether all four cabins were occupied at the same time? DR. DAMIANOS: Simultaneously? MR, PACHMAN: Yes. DR. DAMIANOS: I don't know for any certainty, no. MR. PACHMAN: Was any one cabin used more than any of the other cabins? DR. DAMIANDS: Not with any great certainty. MR. PACHMAN: Ok. There was some testimony last time, Doctor, and I'm trying to refresh my recollection,.there were shutters on these cabins, and the screens were covered with shutters and doors were covered. When these people went out, did they take the~shutters down as far as you~know? Or did they leave them up? DR. DAMIANOS: Well, counsellor, I really can't recollect but I would imagine we had and I know we had a great deal of damage from the elements from the storms, et cetera, especially as you know out here on the Fork if we get a good northeastern, we really get blasted badly down thene. When we had a few northeasterly, and I watch ~he weather very, very closely, and certainly problems where the shutters were broken down or torn off, et cetera.. MR. PACHMAN: Well, when these people--we're trying to find out when these people came, did they take these shutters down, spend two days or the one day there, and then they put the shutters back up again when they left, is that part of your rules and regulations? DR. DAMIANOS: I think my rules and regulations doesn't say anything about shutters. MR. PACHMAN: All right, did you take down the shutters at the beginning, of the season and then at the end of the season put the Southotd Town Board 6f Appeals -46- July 26, ]984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN (continued): shutters back up again? DR. DAMIANOS: ~ou're<~ref6~r~g.~tO'~sh~.tters as wha%? The actual== MR. PACHMAN: Swanson indicated to me that there were wooden shutters over the screen doors and over the screen windows to Prot.ect the screens, .And I'm asking you,'and you have some phOtographs there that I think show some shut.%ers if I may have the~photog~aphs, maybe that will help the Doctor refresh his recollection. MR. CHAIRMAN: Are you ~alking about ~he photographs that were supplied to us? MR. PACHMAN: Yes, of the buildings. (The photographs were viewed.') MR. PACHMAN: Here are some shutters. The other photographs-- yes, these shutters, The shutters in the photograph. DR. DAMIANOS: Those aren't shutters. Those are storm shutters-= they're not'really shutters. A shutter is one that looked like you were in Bermuda MR. PACHMAN: Oh, I~m sorry. No, no. These. DR. DAMIANOS: Yes, Oh definitely. Oh sure MR. PACHMAN: Those were ~ken d~wn? DR~ DAMIANOS: Oh certainly. Picked up and aken down. MR. PACHMAN: Each time someone used it. DR. ~DAMIANOS: Oh, yeah. It ~ould happen d~ring the summer. Most of the time they were up, you know~ peo_ple w~o ~rgot to put them d~wn ...... MR, PACHMAN: Ok. Now your rules and regulations that you indicated a part of your affidavit,_, they covered he period from when to when? DR. DAMIANOS: During the entire course of e ownership of the proper'ty. MR PACHMAN: And every time someone came ou~, they were '' ' one of t~ese rules and regulations? DR. DAMIANOS: These ~ules and regulations re on record at both the Adult'Home~.and the Nursing Hom~ and they were available to them, and they were given the~rUles and regUlatio]s. Southold Town Board Appeals -47- July 26, ~'984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN: Between '82 and '83, you indicated some people occupied these cottages. I don't recall their names. Could you give me their names again please? DR. DAMIANOS: Y~S~ Michael Duvaney. MR. PACHMAN: IS he here tonight?N'' DR. DAMIANOS: No. MR. PACHMAN: Ok. Do you know how many times he stayed there? DR. DAMIANOS: I would to give you an-estimate, counsellor? MR. PACHMAN: Yes. rTo your best recollection. DR. DAMIANOS: During the Year '81, approximately five times. During the Year '82--- ~_ MR. PA'CHMAN: Approximately five times. Did he stay in one, two, or three, or four, which cottages? DR. DAMI~NOS: I don't know, MR. PACHMAN: Did he stay in more than one cottage? DR. DAMIANOS: But it's conceivable he did. MR. PACHMAN: He stayed in sever~ cottages? DR. DAMIANOS: It's conceivable, 'sir, he did. MR. PACHMAN: But you don't know which ones. DR. DAMIANOS: No. MR. PACHMAN: Ok. Let's take '82. How many times did he go out then? DR. DAMIANOS: '82, several times. MR. PACHMAN: You don't know the amount. DR. DAMIANOS: No. MR. PACHMAN: Do you know if he st'ayed in one or more cottages? DR. DAMIANOS: I. think the same answer. MR. PACHMAN: Ok. And ~837 DR. -~AMIANOS: In '83 several times during the course of the summer and approximately a week andrea h~lf to two weeks during harvest time, which was some t.ime in the middle_.Q? September until the end of Southold Town Board of Appeals -48- July 26, ~84 Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) DR. DAMIANOS (continued): September, beginning of October. MR. PACHMAN: Did he stay at a cottage or did he stay at the main house? DR. DAMIANOS: Primarily at the cottages, MR~ PACHMAN: And he stayed in more than one cottage? DR. DAMIANOS: I don't k~ow that. MR. PACHMAN: Is there anyone else in '81 who stayed at the cottages? DR. DAMIANOS: Yes. Jason Damianos. MR. PACHMAN: Jason Damianos, How many times did Jason Damianos stay there? DR. DAMIANOS: Jason stayed in '81 about the same amount as Mike did, MR. PACHMAN: Five times? DR, DAMIANOS: Yes. And that would be about the same amount of time in MR. PACHMAN: In '82 you didn't recall. DR. DAMIANOS:' Whatever times that Michael stayed he would stay. '83 with the exception of September, he stayed many times at the cottages in MR. PACHMAN: Who else? DR. DAMIANOS: Except in September where he was not at the cottages, he was going to school. Alexander Damianos. MR. PACHMAN: I 'didn't ha~ his name before. DR. DAOIANOS: Oh, yes. MR~ PACHMAN: Alexander Damianos. DR, DAMIANOS: Yes. The same amount of time, almost as Jason, probably a few times longer, he was older. MR. PACHMAN: Is it possible-~ DR. DAMIANOS: Mr. and Mrs. James Moran and son, Sean. Southold Town Board Appeals -49- July 26,~'984 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN: And how many times were they there. DR. DAMIANOS: Mr. and Mrs. James Moran and son, Sean, in '80 a few times, '81 several times, in ~82 they spent and ~83 at least a week vacation out there. MR. PACHMAN: And they're the ones who would take the camping equipment, right? DR~ DAMIANOS: No. Mr. Moran staye~ with his family during those periods of time and he also kind of oversee~ my boys while they were out there, so he was also there but he came with camping equipment and he stayed in ~he cabins as well. MR. PACHMAN: W~thout electricity. DR. DAMIANOS: Of course. They love it. MR~ PACHMAN: And they flushed the toilets in the same fashion? DR~ DAMIANOS: Oh they were wonderful. They went to work every morning and used to .park at the vineyard° They arrived home at 7:OD o'clock at night. They took a good swim in there. They fished, TheY had a wonderful time. They sang campfire songs they ~'~ked','~hey~Went'.to~bed and they woke up at 6:00, they stayed. Also, do you want more names, counsellor? MR~ PACHMAN: Well-- DR, DAMIANOS: Let me go on then. K.J, Moran, also worked at the vineyard. About the same amount of time as Mick Duvaney in that '81, '82, '83, Jean Steele only ~n '82 and '83, the same amount of time a~ my~ons. Kirk Ke.~]y, better known as Scoop Kelly, about the same amount of time as Mick Duvaney and K.O. Moran. Ca~lucci in 1980 on a few occasions, '81, '82, and - '82, not '82 for Carlucci, Would y~u l~ke more? MR. PACHMAN: Yes, if you have them. DR. DAMIANOS: Denis M~rphy. Denis is 1980, '81, ~82 and not in '83. My,~,nephew T,J~ Lo~co~polous L-O=U-C-O-U-~-Or~-O-U-S, a little les~ than when. my. sons were there. MR~ PA£HMAN: Doctor, did you use any information to refresh your recollection as to the dates and the time these people went out and v~sited the premises? DR. DAMIANOS: I don~t understand the question, counsellor. MR. PACHMAN: W~.1, did you, when you ever used these premises and without' yOur empl~Qyees, did you have some kind of a roster, some kind of a book, some kind of a ledger, some kind of a guest book that would indicate who was going t~.be there that week and so you wouldn'~ have conflicts, I mean~ is there some kind of a memoranda -Southold Town. Board of Appeals -50'- July 26, 1984 Regular Meeting (Appeal No. 3234- ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN (continued): that you maintain in an effort to identify who was going to be out there on those dates, and which cabins they would be, so there wouldn't be a conflict. You had these rules and regulations, so I assume you had some kind of mechanism in which %o ascertain_who as 9oing to use it, what weekend, what dates, and which cabin. How d.i you do that? DR. DAM[ANOS: Well, what we did, counsellor, at our vineyards was play moveable cabins, and after work, one of the men would go out-- most of them would go out to take a quick swim after working hard in the fields. MR. PACHMAN: Oh, that's important. There's a difference between living in a cabin and sWimming. I want to know the people Wbolwere living there as opposed to those who..were just using the beach for swim- ming. DR, DAMIANOS: I'm trying to explain your question. MR. PACHMAN: Ok. DR. DAMIANOS: That since we were in such close proximity, what- ever cabin was available for the boys that night, they would take. MR. PACHMAN: Was there ever an occasion that there were no cabins available? DR. DAMIANOS: I don't recall. MR. PACHMAN: So if I made some, it would appear- MR. ESSEKS: Howard, you asked a question about al!edger, and the witness started to answer it. MR. PACHMAN: Oh, I wish he would tell me about the ledger. I'm glad you reminded me. Let's hear about the ledger. DR. DAMIANOS: I didn't say I had a ledger. MR. PACHMAN: I thought Mr. -- MR. ESSEKS: YoU asked about a ledger. MR. PACHMAN: I d like to know if he maintained one? DR. DAMIANOS: I explained how we maintained our ledger. MR, PACHMAN: Oh, so there was no ledger. DR. DAMIANOS: It was called moveable cabins. MR. PACHMAN: Ok. So he answered the question. Ok. You wanted him to reiterate the answer? Southold Town Board of Appeals -51- July 26, 198~'Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSQN~, continued:) MR. ESSEKS: I just wanted to make sure all your questions were answered. MR. PACHMAN: I want to be sure they are also. DR. DAMIANOS: What I failed to men~ion is my use of the cabins also during these periods of time. MR. PACHMAN: You used them also, Doctor? DR. DAMIANOS: I certainly did. MR. PACHMAN: Do you recollect the dates that you used the cabins? DR. DAMIANOS: Well, I can,tell you probably two days of the week that would be more likely, and ode would be Thursday which is my day off and I!m out here, and it would have_to be on a Friday, Saturday or Sunday. That's generally if I take a weekend off that's the time I would be out here. But never on Monday and never ~n Tuesday. MR. PACHMAN: During the times that you were out there, did you have occasion to see your n~ighbors? DR. DAMIANOS: Yes. I met Mr. Gullackson on a few occasions. I recall the last t~me ! met Mr. Gullackson was in the Spring of 1982 in which I came down to the property_which James Moran and Michael Duvaney and we were looking ~he cabins over to see whati~kind of winter damage had taken place, and what we had to do. Mr. Gullac~son followed me all over and said, "What are you going to do. What~re you going to do, what are you going to do?" I said, "Well, you kn~w, paint a little bit and, you know, poun~ a few nails in, and do the best we can." We had some damage there from the elements. B~t that was the last time I met Mr. Duvaney--rather Mr. Gulla~kson, and I remember, I recall meeting a Reverend, and I don't remember the Re~erend's name, but he's a retired Methodist minister, whom I met ~n Smithtown General Hospital. He was a local minister in our community, and he was apparently visiting some of his parishioners and we discussed Green Acres, very amicably, and I didn't think we had any problem at that time. I'm sure that the Reverend would have told me if there was. He certainly knew where to get ahold of me. MR. PACHMAN: Well, I don't think anyone was going to say anything about.the prOblems since they were not ( ), but let's get ~o the Cabin No. 1, which is the most~easterly cabin. Do you recall placing any curtains in that cabin? DR. DAMIANOS: I recall there was some really moth-ea%en curtains, which were facing the Gullacksons, and I'm not certain, but I think there were some terrible moth-eaten ones there which-- MR. PACHMAN: Did you put them up? Southold Town Board of A~peals -52- July 26', 198~Regular Meeting (Appea~ No. 3234 - ARTHUR R. RUC~EN_BRODT~ABBOTT/SWANSON, continued:) DR. DAMIANOS: I don't recall. MR, PACHMAN: Do you know if the Gullacksons put it up? DR. DAMIANOS: I really don't recall. I assume that people who went out to the cabins did put the curtains up. MR. PACHMAN: Do you recall any part ~f that cabin being painted before this condition-= DR, DAMIANOS: Mr. Gullackson painted the west end of the cabin without permission. I told him I appreciated his painting the cabin~ inasmuch as it faced him completely and I guess he must have felt that some of the peeling paint may not have been too aesthetic for him, so he took it upon himself to trespass my property and paint the wall. He also put up a fence there and he also put up some shrubbery there, and I thanked him profusely for his efforts, and I offered to also pay him for the paint. MR. PACHMAN: Did he indicate to you why he painted it? DR. DAMIANOS: No. He just painted it. MR. PACHMAN: Are many of these people who, obviously your sons, are they here tonight? DR. DAMIANOS: No, they're not. MR. PACHMAN: Are any of the other people you mentioned~bere tonight? DR. DAMIANOS: No. ~.- ~ MR. PACHMAN: ~re any of these people still in your employ? DR. DAMIANOS: Yes. MR. PACHMAN: Could you tell me, sir, why and when you applied for the Certificate of Existing Nonconforming Use from the T'own of Southold? DR. DAMIANOS: I'm not familiar with the details of applying for that, but apparently my attorney in the terms of closing on the property had td get certain documents in order for him to close, and I allowed him to handle those matters. MR. PACHMAN: Was there a condition in the contract to establish that these cabins could be used for'the uses previously stated? DR. DAMIANOS: I~m not certain, sir. MR, PACHMAN: You don't know if you don't know. Southold Town Board of A~peals -53- July 26, 1984 ~ular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWAN~N, continued:) MR. PACHMAN: Sir, I looked at a copy of your affidavit, section five, Sir, and would you please read that and read it aloud? DR. DAMIANOS: A ledger has been maintained at the adult home to coordinate the use of the cottages by the employees and friends~ We have not been able to locate the ledger. MR, PACHMAN: Do you know when the last time the ledger was seen? DR. DAMIANOS: No, I don't recall. MR. PACHMAN: Do you know how long it was in use? MR, PACHMAN~ ?To your best recollection. DR. DAMIANDS: Whit occurred with the ledger is that initially one of our recreation directors kept the ledger so that you could coordinate the various weekend as per the rules and regulations. Her name is Mrs. Roberts; she's presently in California, otherwise I~]m sure she would be here at the meeting. She kept the ledger in peak periods of time,in order to coordinate the employee use. After awhile I imagine she felt it was not necessary to do that. That's just a supposition on my part, and that it co. uld be handled on a one-to-one verbal basis, MR. PACHMAN: When did she leave your employ? DR. DAMIANOS: If you'll allow me a moment, I'll get the time. Approximately five years ago. MR, PACHMAN Ok. So that may have been the last time the ledger was kept. DR. D~MIANOS: It's quite possible. MR, PACHMAN: Ok. So but during the years '81, '82 and '83 no ledger was kept. MR. ESSEKS: Are you asking him or are you telling him? MR. PACHMAN: I'm asking him. Were there ledgers kept with '81, '82,~'837 MR. ESSEKS: I could even tell if it was a question or a statement. Because I didn't see you take the oath. MR. CHAIRMAN: He's still in effect from the last time. DR. DAMIANOS: Your question? MR. PACHMAN: Read it back to me. Southold Town Board of A:~peals ~54z July 26, 198~'~Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MS. GERARDI, stenographer for Mr. Pachman: That during the years 1981, 1982, and 1983 no ledger was kept. Was a 1. edger kept in 1981, '82 and '83? DR. DAMIANOS: No, I don't believe so. MR. PACHMAN: And no record of who was there and when those people were there. It wasn't kept in any written form? DR. DAMIANOS: No, not in any written form. MR. PACHMAN: And this is only your best ~ecollection? DR. DAMIANOS: That's correct, ~ounsellor. MR. PACHMAN: I have no further points. MR. CHAIRMAN: 'Doctor, could I ask you one question. The thing that confuses me concerning the property, and maybe you can refresh my memory because, or you can answer the question, it will help me with my problem of this particular parcel. When we began to look at the parcel, it was my understanding the area where you would park:was seYerely.'overgrown. I'll show you a picture which I had taken, and I believe was one of the first pictures. I think that's cottage No. 1. After you had, there had been some work done on the property, I would assume machinery had been brought in and this is a picture with--I'm sorry to make you come ford-- cesspools and so on and so forth as it presently exists so that it had probably been placed in the ground at this particular time, ok? Where did these people park? Where did they park their vehicles, were they parked up in the area of the main house? DR. DAM~ANOS: There were three areas in which the vehicles were parked. ~umb~r one, coming down the road there is a cut in, a small little back road, it's overgrown, where cars were parked. Place iNo. 2, as you come down, fro~nt of one of]the houses is another area in which you could come in, The difficulty this past year because of the storms and the runoff is that the place where we normal, ly parked regular passenger cars had to go over a bit of a gulley down into the cabins which was very difficult. We at the viDeyard would always bring our truck, which was a 4-wheel drive, and we went right into it,.so there was no problem. But my car we'd have difficulty getting in there, and where I would park would be way up into a cut-in and just pull the car right off of the road. We had tremendous--they did something, something happened with that road, and we had bulldozed that area to get the beautiful parking area back in '74, '75, and we were getting adequate drainage. As a matter of fact, I brought one of my engineers out and one of my cement people out, and I had the tractor people out to take a look at that and what we could do. MR. CHAIRMAN: You're referring to the area in back of the cabin-- DR. DAMIANOS: Yes, that little gulley area which makes it difficult for a car to pome down and in to, but we would use a large .Southold Town Board of peals -55- July 26, 198~ Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) DR. DAMIANOS (continued): truck. The men would generally come down with large trucks and packed their jerry cans and everything in there. That's the way we got to the property. MR. CHAIRMAN: Thank you, Doctor. DR. DAMIANOS: You're welcome. MR. ESSEKS:~ ~Kathryn Krejci? I can't pronounce your name-- MS. KREJCI: That's close enough. MR. ESS~KS: When you take the oath, stand by the microphone? MR. CHAIRMAN: Will you raise your right han~ please? (Ms. Krejci raised her right hand.) DO you solemn]y swea~ that the testimony that you are about to give during this hearing is the truth, the whole truth, and nothing but the truth? KATHRYN KREJCI: Yes. MS. GERARDI: How do you spell your name? MS. ~REJCI: Kathryn. K-A]T-H-R-Y-N Krejci K-R-E-J-C-I. MR. ESSEKS: I'll ~how you this affidavit, is that a xerox copy of your signature? MS. KREJCI: Yes, it is. MR. ESSEKS: Are you employed at one of the nursing homes? MS. KREJCI: At the adult home, yes. MR. ESSEKS: Sorry. And how long have you worked there? MS. KREJCt: I worked for the nursing home from '73 to '80, and then I went to the adult home from '80 to the present time. mR. ESSEKS: And this place called Green Aires, do you know where we're talking about? MS. KREJCI: Oh, yes. MR. ESSEKS: Have you visited it from time to time? MS. KREJCI: I didn't in the beginning when groups of people were going out, but in the past few years, I did go. MR. ESSEKS: And would ~ou describe to the members of the board Southold Town Board of Appeals -56- July 26, 198~rRegular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. ESSEKS (continued): and the audience the extent to which you and/or members of your family occupied one or more cottages at different times? MRS. KREJCI: I had gotten my new job in 1980. It was the Fall. I worked the year after that~ I handled ~ lot of things for my employers of that deal out east, one is the vineyard and a few other things. It was the following Summer, I guess that's Summer of '81 and the Summer of '82, for both my birthday weekends, it was offered' for me to go out and I did~ It was very, very rustic. My husband and I have a motorcycl6.that we use on the weekends. It was just the two of us. We came out. I only used it to sleep in. I didn't really spend the day or use the area. I real~y just slept there. It didn't really have too many -- MR. ESSEKS: On how many occasions did you sleep overnight at the cottages? MRS. KREJCI: It was twice. It was my birthday weekend both years, one night. MR. ESSEKS: Do you have friends or associates in your similar employment with the same employers, and to your knowledge went out there in the last five years and stayed overnight? MRS.~KREJCI: Within the last five years? Yeah, they've spoken about it--a few parties-- MR. ESSEKS: No other questions. Howard? MR. PACHMAN: Did you do any cooking there? MRS.L, KREJCI: Oh, no. No. I did not. MR. PACHMAN: Was there a stove with the gas? MRS. KREJCI: I believe there was a little kitchen set up, but I did not cook. MR. PACHMAN: Did it work? MRS. KREJCI: I did not cook. MR. PACHMAN: Did you use the toilet facilities? MRS. KREJCI: No, I did not. MR. PACHMAN: What would you describe the condition of the cabin ~that you thought as it being in? MRS. KREJCI: I would say rundown. MR. PACHMAN: Rundown. Was it clean or maintained in any fashion? MRS. KREJCI: Yes. It was. I wouldn't say that it was-- it wasn't dirty. There wasn't debris or anything and by no means were they .Southold Town Board of ~p~eals -57- July 26, 198¥f Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON~ c_ontinued:) MRS. KREJCI (continued): a hotel room. MR. PACHMAN: Well, was it a shack? MRS. KREJCI: No~ I don't think so. MR. PACHMAN: Well give me some better descriptive term how you would describe it. MRS. KREJCI: Ok. No electricity. It was rustic. It was, I think I remember some shingles down on one-- MR. PACHMAN: The night you were there? MRS.-KREJCI: No. I don't believe so. MR. PACHMAN: Do you know if the roof ~eaked? MRS, KREJCI: I don't-- it rained. MR. PACHMAN: Did you have a chance to look at the other cottages? MRS. KREJCI: No I did not. We picked the one we came right down to. MR, PACHMAN: You had a choice of any one you wanted? MRS. KREJCI: 6h, yes. MR, PACHMAN: S°/Y°u~¢°~t~k.~t one, two, three or four? Is there any reason you picked~four? MRS~ KREJCI: It was the closest. MR. PACHMAN: 'The closest to what? MRS. KREJCI: We came right down on the bike and remember it being very steep and we had passed the big house, and it was the closest. MR. PACHMAN: To that big house. MRS. KREJCI: When we came directly down. MR. PACHMAN: What was the condition of the big house? MRS. KREJCI: I don't remember? MR. PACHMAN: Was it occupied? Southold Town Board of A~peals -58- July 26, 198~-'Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODTZABBOTT/SWANSON, continued:) MRS. KREJCI: Not Whe~ I was there, no. MR. PACHMAN: Did you go through it? MRS. KREJCI: No, ~ did not. MR. PACHMAN: And you didn't go through the other cabins? MRS. KREJCI: No, ~ did not. -MR. PACHMAN: And you were not able to ascertain whether they were used at all? MRS. KREJCI: They weren't used the weekend I was there. MR. PACHMAN: And you don~t know why your observing or viewing the cabin,_whether they were used at all? MRS. KREJCI: They could have been. MR. PACHMAN: And they could not have been also. MRS. KREJCI: Could not have been. MR. PACHMAN: No further questions. MRS. KREJCI: Thank you. MR. CHAIRMAN: Thank you. MR. ESSEKS: I handed up last month I guess it was an affidavit from Elva M. Deiderick and Raymond Deiderick, and I had a supplemental affidavit dated July 3, 1984. I don't have a copy. I forgot.. I'm sorry. I'd like t~ offer it. If I may, I'll read it ix first. "..,State of Pennsylvania, County of Lancaster: Elva M. Deidrick and Raymond Deidrick, being duly sworn, depose and say that this affidavit is made to supplement the affidavit sworn to on the 17th day of May, 1984; 2. For each of the years 1953 through 1973, when my husband and I sold the property in question, we did lease each of the four cottages on the property for some portion of the summer season; and each cottage was ~ented ?or at leas~ several weeks of each-summer season .... " MR. CHAIRMAN: Thank you. MR. EssEKs: That's all I have. If you'll give me just a moment, I'd like to inquire--I want to make a statement'. The Doctor is not a client of mine~ MR, PACHMAN: I apologize. - MR. ~IRMAN: Mr'~ Pachman, do you have anything that you would like to add? Southold Town Board of A~eals -59- July 26, 198~/Regular Meeting (Appeal No. 3234 - AR?HUR R. TRUCKENBRODT/ABBOTT/SW~NSON, continued:) MR. PACHMAN: Yes, I'd ~ike to do one thing if I may. I see Mr. Beebe is back here today and I see Miss Swanson ~s here. I would ap½preciate, I would like to examine both those people, and I'd like one of them not to be present while the other one is testifying, if you don't mind. MR. ESSEKS: I don'.t know of any basis for excluding one. MR. PACHMAN: I'm asking you. i'm asking you ~hat it be done. MR. ESSEKS: If it's done--%he Chairman ~ill do what he sees fit, but it will not be with my consent. MR. CHAIRMAN: I think it's a discussion that we'll have at this particular time. So we'll take a fast recess. MR. ~ACHMAN: Thank you. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED to recess temporarily for approximately five minutes, at which time the hearing will be ~econvened. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. The meeting was recessed at 10:33 p.m. M~ETING RECONVENED- On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED to reconvene the regular meeting and proceed with the hearing in the matter of TRUCKENBRODT/ABBOTT/SWANSON, Appeal No. 3234. The meeting reconvened at 10:44 p.m. Vo~e of the Board: Ayes: Messrso ~oehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. MR. PACHMAN: I asked the chair for a ruling, and Mr. Esseks objected to it. 'I don't know what .the board decided. MR. CHAIRMAN: Well, we go by past precedents, and although I'm not the most wisdomatic person on th~s board, there are two gentlemen sitting to the left of m~ that have been on this board for some 23-24 years-r, 27. And to their knowledge no one, of course, this is not a court.of law; no one has ever been asked to leave the room. MR. PACHMAN: I accept the Chair's ruling which I presume is "No. MR. CHAIRMAN: Correct. Southold Town Board of ~peals -60- July 26, 198~ Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT~ABBOTT/SWANSON, continued:) MR. PACHMAN: I would like to call Mr. Beebe. Mr. Beebe, the last time-- he was sworn before, I presume he's still under oath. MR. CHAIRMAN: Did he testify the last time?' I don't believe he testified. I'must apologize. WILLIAM M. BEEBE: William B. Beebe. B-E-E~B-E. MR. PACHMAN: Mr. Beebe, I think when you were last here, you testified that you are a contractor-builder who was doing work in and about the premises known as Greed Acres, am I correct, sir? MR. BEEBE: That's right. MR. PACHMAN: And you indicated that the work that you~.'were performing on behalf of Swanson and Abbott was on a time and materials' basis? MR. BEEBE: I don't know if I said that or not. You asked me if I was getting paid. I was getting paid as a contractor. MR. PACHMAN: All right. And you said there was no written contract? MR. BEEBE: No. MR. PACHMAN: Ok, sir. Have you completed all your work? MR. BEEBE: No. MR] ~ACHMAN: But how much work have you completed to date? MR. BEEBE: On what? MR. PACHMAN: Well, let's take the house. The main house. Can you estimate the total amount of work that you performed in dollars? MR. BEEBE: I thought this meeting was ~or the four bungalows, not the house. MR. ESSEKS: I object to the question. I fail to see ~ts relevance. I don't want to kill the whole evening. MR. PACHMAN: Well, if you would like to know the relevance, I will tell you the relevance. MR. CHAIRMAN: By the way, let me just reiterate, gentlemen, that we have broken the ground rules here all night. All right. If you'll remember the discourse that you had with Dr. Damianos and the Doctor who was not your client, ok, all those statements should have been projected to the board. Ok. Southold Town Board of ~peals -61- July 26, 19~._JRegular Meeting (Appeal No. 3234 ARTHUR'R. TRUCK'ENBRODT/~BBOTT~SWANSON~ continuedi) M~. ESSEKS: We get too esth~siastic ~d i ~po~gize. MR. CHAIRMAN: As long as the recorders could take the information do~n is what I was mainly interested in. So, I ~ould ask you please-- MR. PACHMAN: Mr. Chairman, I understand there's an objection to the present one. I would like to draw the board's attention to Section 100, Subdivision 121(C), wrong section, excuse me--lO0-118, Nonconform- ing Uses~ Subdivision (E). And it says and I'll quote~it, "...A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building, u~less the use of such build- ing is changed to a conforming use .... So therefore I have objected on several grounds, as to the use of this building. One, that'it hadn't been used for a period fo two years, which was Section (D) of that, and now I would like to get into the testimony of Mr. Beebe and possibly others as to the cost of the improvement~ that were made to see if they will exceed 50% of the value, because if they don't, even if you assumed that the prope.rty was con- tinuously used, which I'll argue at another date for that period of two years, I think there was a violation because the value may have exceeded 50% of the value which would provide for the reconstruction. MR. ESSEKS: Mr. Chairman, before he gets into that, I would ask you to consider that it be --the petition of Mr. Truckenbrodt where he claims that the Certificate issued by the Building Inspector, our zoning administrator,~was incorrect, and also I believe it's the burden of the owners, Mr. Tr~ckenbrodt and his cohorts that it,s up to them to show this is a nonconforming building; and I don't believe there's anything in the evidence to show that it is a nonconforming building. I believe that you and the other members of the board know that a nonconforming building is a building such as a house in a commercial district or a commercial structure in a residential district. A building designed and only usable for a use not permitted in that district. The only testimony for two days and tonight is that this is a cottage, a residential cottage situate at the property zoned for residential purposes. I fail to see how --that's there is any showing that this is a nonconforming, a nonconforming use. You haven't proven that yet. He's assumed that conclusion. So I fail to see how the testimony being elicited is germane. If you're g~ing to allow it, fine, but you take it subject to connection subject to h~ showing that the property in fact is a nonconforming use. MR. CHAIRMAN: Just briefly, Mr. Esseks, we would also consider, or I ~ould also consider, I'm not answering for the other five board members of this board, that a building, we won't call it a dwelling, ok, that does not meet the 850 square foot requirement could be construed to be a nonconforming dwellings-I'm sorry-structure. MR. ESSEKS: But, Mr. Chairman, I believe the section--do you want to give me the section, Howard? MR. PACHMAN: The one I was just referring to, nonconforming uses, 100-118. And that's on page 10053. Southold Town Board of ~L~peals -62- July 26, 198~Regular Meeting (Appeal No. 3234 - ARTHUR R.'TRUCKENBRODT~ABBOTT~SWANSON, continued:) MR. ESSEKS: That section is entitled, Mr. Chairman, lO0-118, Noncon- forming Uses. It doesn't say nonconforming structure. It doesn't say nonconforming as to area. It doesn't say nonconforming as to the size of the lot. It doesn't say nonconforming as to setbacks and sideyards. It says, nonconforming uses, and I believe the word "uses" is a word of art in the law of zoning. As you know, you h~e use variances and you have area variances. And I'm going to stick to my guns that there's no suggestion of nonconforming use. MR, CHAIRMAN: How far are you going to go into this? MR. PACHMAN: Well, Mr. Chairman, I assume that the board is going to take judicial notice of its own ordinance and that the zoning of this particular section does not permit hotels, motels~ tourist camps, or cabins of this nature. And if that's the present zoning ordinance, and I'm pretty sure that you will take notice to that effect, then the use of these cottages can only ~xist if they were nonconforming uses. I don't have to prove the self-evident what the ordinance says and what these buildings are. They are. obviously not in the present zoning classifica- tion in their use. And I don't suggest that Mr. Esseks is saying they are. Or are you? MR. ESSEKS: I'm suggesting-- MR. PACHMAN: I'm asking you a question, Sir? Are you claiming that this use of this property is within the present zoning classification? MR. ESSEKS: r Ye~. MR. PACHMAN: You are? MR. ESSEKS: Y~s. MR. PACHMAN: Will you show me the section? MR. ESSEKS: These are-- I submitted that in the Town of Southold, that's where we are tonight. I get confused some ni. ghts. You may rent your house by the week and you may rent your house by the mo.nth and you may rent your house by the year or by the five years. And if I'm in the wrong tow~ to say that, I~ll stand corrected, but I don't think I am. MR. PACHMAN: That's not the issue, Mr. Esseks. We're not renting one house. We are saying whether this main building and the subsidiary satellite buildings~]Wh~ch are cabins or cottages and the definition is ~he.Ordinance, which self-supplies in itself says that a tourist cottage is a detached building having less than 35~square feet of cross-sectional area, desk§ned for or occupied as'~a living and sleeping quarters for seasonal occupancy. MR. ESSEKS: It's not less than 350 square feet. MR~ PACHMAN: Is this seasonal occupancy? ~ Southold Town Board of peals -63- July 26, 19~8'4 Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON', Continued:) MR. ESSEKS: You can have a house that's seasonal occupancy~- If this was less than 350 feet, i~ might fall within that definition. But it doesnt. MR. PACHMAN: I'll stand on the ordinance that this is a nonconforming. MR. ESSEKS: We're all going to stand on the ordinance. MR. PACHMAN: Ok. And I would hope that the board will take judicial notice of its own ordinance as to whether this is a hotel, motel, or a tourist camp or anything else other than a permanent dwelling or a dwelling which is defined in the ordinance as a dwelling. MR. CHAIRMAN: By the nature of the fact that it was a determination done by the Building Inspector which is of course probably the reason why we're here, ok-- MR. PACHMAN: That it is a nonconforming use. MR. CHAIRMAN: No. I'm about ready to direct that question to Mr. Lessard. MR. PACHMAN: H~s certificate so states it. MR. CHAIRMAN: What's your opinion? VICTOR LESSARD, BUILDING ADMINISTRATOR: First off, this property is in an A-Zone, which is residential. Ok. The main house is a one-family dwelling, ok. In a residential zone, you're allowed to reside. The nonconformity is, under Article III, Section 100-30 where there it says that you're allowed one dwelling on the property. The nonconformity is because of the fact that there are four cabins there that were preexisting. The fact that people lived there, that's what they're allowed.!to do in a residential zone. The main house is the one dwelling. That is a conform- ing use in a residential zone. MR. CHAIRMAN: So in ot~er words, you're saying that the one house on the ten acres, or whatever the-- MR. LESSARD: The law doesn't specify acreage. You're allowed one dwelling on a piece of property under lO0-30(B) I be.lieve. The fact that you have four cabins there, that is the nonconforming condition. The fact that people !ived there, that's conforming. MR. PACHMAN: That is jibberish. MR. LESSARD: That's the law, Sir. MR. PACHMAN: You construe, you can see that the four cabins make it a 'nonconforming use and you gave a certificate to that effect. I _ don't care what the basis of its nonconformity is. If it was abandoned for a period of two years, it's nonconforming. oSouthold Town Board of Appeals -64- July 26, 19~ Regular Meeting (Appeal No. 3234 ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. ESSEKS: Either purposefully or otherwise, Mr. Pachman fails to realize that nonconformity can be use and it can be as to number of residential units on a piece of land. And it's very difficult to argue with the fact that the cottages are residential, no_one has ever p~$ented it to the contrary. It's also-ve'ry difficult to argue with the fact that there are five residential structures on one p~ee of land, and therefore to the extent that they're violating the density and setback rules of the Town of Southold, they are nonconforming. But not as to use. They're nonconforming as to a~reage and setbacks, and I submit and I'm not testifying that that is manifestly self-evident and I don't know why we'd really want to spend a great amount of time arguing about it. _And that I believe ~s~- the basis of the issuance of the certificate.. I believe that if you had a house on an eight-acre lot in this Town, it would also be nonconforming as to density--the coverage I mean, and as to setbacks and as to the size of the lot. But because of single and separate you would do that. That's not our situation. And I think you shouldn't try to confuse the issue. MR. CHAIRMAN: At what point--excuse me just one second--at one point are you objecting? Well, I know what you're objecting to-- MR. ESSEKS: If this were a nonconforming use, if we had a restaurant in a residential district, you would be covered under that section as to value and cost for repairs, and if you wanted to exceed it we'd have to come to you and get~a variance. The reason being in this Town, special permission for that--I can't remember. But that's not our situation. So I believe you can take that testimony--it will be irrelevant to the issue before the board. MR. PACHMAN: Mr. Chairman, Members of the Board, you're own ordi- nance defines'what a nonconforming use is, and the lies, the arguments, that Mr. Esseks has made and M~.~ Lessard is a~nonconforming use is defined as, ~ ~n~,use, whether of a building or tract of land, or bo.th, existing on %he effective date of this chapter, which does not conform to the use regulations of the district in which it is located." MR. ESSEKS: I absolutely agree.. MR. PACHMAN: And t~e use regulations include not'only the type of use as to_multiple use or single use or setbacks and everything else, that's all in your use regulations. MR~ ESSEKS: I submit that-that's not correct. MR. PACHMAN: But that's what it says. MR. ESSEKS: 'VUse" ~s to bus~mes$,~commercial, and so on. MR. PACHMAN: Use talks about buildings, size, coverage, sideyards, rearyards, frontyards, everything is use; and if it violates the use by your very definition, it is.in violation of your ordinance and it'~s nonconforming. And there would be no other reason by the very fact that Southold Town Board of Appeals -65- July 26, 198~~ Regular Meeting (Appeal No. 3234 - ARTHUR R. TRUCKENBRODT/ABBOTT/SWANSON, continued:) MR. PACHMAN (continued): the Building Inspector issued a Certificate of Nonconforming Use that he as the interpreter of the ordinance indicated that it was nonconforming. MR. CHAIRMAN: You know, gentlemen, you're forcing me at this particular point to basically recess this hearing for another meeting because you're getting into a situation here where you're referring- this is an area that the Town Attorney should be dealing with, and unfortunately, he is not with us toni§hr. So, you know, You're going to have to tell me how' you are going to resolve this, or else we're going to have to recess it at this particular point. MR. ESSEKS: I have no trouble with a recess. I vote for a recess, but I'm not even suggesting that you not recess to consult with your counsel, but I have before me a believe a copy of the C'ertificate of Occupancy and it says "Certi.ficate of Occupancy, Nonconforming Premises." And then it says this stuff that my client own~ does not conform to the present zoning code of the Town of Southold for the following reasons: '~a lot with a dwelling and four cottages." It doesn't say that it violates the use. It says that a Certificate of Occupancy, Nonconforming Premises, and I submit that I am correct as to my interpretation of the law, but you shouldn't hear what I have to say or hear about what I have to say, you should hear what Mr. Tasker says. MR. CHAIRMAN: Do you object to a recess, Mr. Pachman? MR. PACHMAN: I don't object to a recess. If this is an issue which'this board can cons~'der as not an appeal from a nonconforming use based on the interpretation of the building inspector, which I have been actually appealing~ and that's why we're here today, as to the definition, now the definition as I~said, a nonconforming use, then we shouldn't be here and there should be no work being done here at all because it's totally without merit what they're doing. Secondly, we're also objecting to the fact that there's reconstructing, altering and various other things being done in and about the premises without a Certificate-~or permit, or a Certificate of Occupancy. And that has not been responded}to or answered in any way, nor has anything been applied for. I think it's so self-evident what we're talking about, if this boar~ has any doubt in its mind, I'll come back again and go over this issue and argue i.t with the Town Attorney, or anyone else you want to argue with. MR. CHAIRMAN:I~You leave me with no choice at this particular time to put a motion before this board to recess this hearing until the next regularly scheduled meeting. My major problem, gentlemen~ is that that meeting is fully booked. The Town is running 200% over capacity at this particular time. MEMBER SAWICKI: Mr, Chairman, may I make a suggestion? We ~could'have it on a separate night, just this alone? How does that sound? ~Southold Town Board of ~peals -66- July 26, 1~84 Regular Meeting (Appeai No. 3234 - ARTHUR R~_ TRUC~ENBRODT/ABBOTT/SW_ ~NSON, continued:) MR. CHAIRMAN: Well, that's-- we have to make the motion on that basis though for the purpose of advertising, and-- MEMBER SAWICKI: Would you have to readvertise it again? SECRETARY: Unless you have a date now° If you have a date you shouldn't have to readvertise it. MR. CHAIRMAN: We don't know what that date is at this particular time, so we'll have to readvertise it. MR. ESSEKS: Please don't make it on a Friday night. You don't work Friday nights, do you? MR. C~AIRMAN: We have, ok, at this particular time I'll offer a motion to recess this hearing until August 23rd, 1984, tentatively, in hopes that it might be the only hearing on that particular evening, so it would be earlier and we'll deal with that issue- MR. PACHMAN: I didn't get the date, Sir, I'm sorry. MR. CHAIRMAN: August 23rd. Tentatively. A Thursday. Is that all right with'you, Mr. Pachman? MR. PACHMAN: Yes. You did not set a time. MR, CHAIRMAN: Seven or 7:30 at this particular time. 7 p.m. MEMBER DOUGLASS: Are we going to start this first? MR. CHAIRMAN: It's the only one we'll have. SECRETARY: We could have a Regular Meeting two weeks after that. MR. CHAIRMAN: All right. I'll call that motion, gentlemen. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess the hearing in the matter of Appeal No. 3234, TRUCKENBRODT/ABBOTT/SWANSON until Thursday, AUGUST 23, 1984 at 7:00 ~'clock p.m. ' Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. Following the hearing, Mr. Pachman corrected ~'he pronunciation of Mr. Gullackson's name(not Gallockson), who was the predecessor in title to Truckenbrodt. :)~ ~$~uthold Town Board of ~peals -67- July 26, 198~~ Regular Meeting The board discussed a tentative date for a Special Meeting to be held at Fishers Island on Wednesday, August 8, 1984, at approximately 1:30 p.m. The~secretary will be advised as to an official notice when definite. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned at approxi- mately 11:15 o'clock p~m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals ChairmanApproved 10/11/84 ~/ RECEIVED AND FILED BY THE SOUTHOLD TOWN CLFRK DATE -~ ~ HOUR To~ Oerk, To~ of Southold