HomeMy WebLinkAboutZBA-05/07/1982Southold Town Board of Appeals
MAIN ROAD- ~qTATE ROAD 2,5 ~qOUTHrlLD, L.I., N.Y, 1197]
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
MINUTES
REGULAR MEETING
MAY 7, 1982
A Regular Meeting of the Southold Town Board of Appeals was
held on Friday, May 7, 1982 at 7:30 o'clock p.m. at the Southold
Town Hall, Main Road, Southold, New York 11971.
Present were: Gerard P. Goehringer, Chairman; Charles
Grigonis, Jr.; Serge Doyen and Robert J. Douglass. Absent was:
Joseph H. Sawicki.
The Chairman called the meeting to order at 7:30 p.m. and
proceeded with the first public hearing.
PUBLIC HEARING: Appeal No. 2976. Application of Karl and
Helen Dimiq, 1015 Bungalow Lane, Mattituck, NY for a Variance
to the Zoning Ordinance, Article XI, Section 100-118E for permis-
sion to reconstruct and enlarge existing garage located in the
frontyard area to an extent exceeding 50% of its fair value.
Location of prOperty: 1015 Bungalow Lane, Mattituck, NY;
bounded northeast by Deep Hole Creek; northwest by Smith; south-
west by Bungalow Lane; southeast by McCormack; County Tax Map
No. 1000-123-3-13. (Abigail A. Wickham, Esq. as attorney)
The Chairman opened the hearing at 7:30 p.m. and read the
appeal application in its entirety and notice of hearing.
CHAIRMAN GOEHRINGER: We have a copy of the survey indicating
the existing garage with indication of proposed area which sur-
rounds the garage except the front part. And we have a tax map
copy of this particular property indicating this property and the
surrounding properties in the area. Is there anybody that would
like to speak in behalf of this application?
ABIGAIL A. WICKHAM, ESQ.: Abigail Wickham, Mattituck, NY.
I think in this case the application pretty much speaks for
i~self. I'd just like to point out that on the Smith property
immediately adjacent on the north, northwest, there is an exist-
ing two-car garage which is located in approximately the same
Southold Town Board of Appeals
-2-
May 7, 1982
(Appeal No. 2976 - Karl and Helen Dimig, continued:)
MRS. WICKHAM continued:
location as this garage but is further back from the road. And
there are no structures on the property on the other side with
which this would interfere. If you have any questions, I'll be
glad to answer them.
CHAIRMAN GOEHRINGER: I just wanted to ask you what this
little part was right here. Maybe you want to step up here for
a moment. Do you have any idea what the distance, Gail, is
between here and here. Is it about 3½ feet or something? You
don't have the square footage of the original garage and then
the square footage of the proposed addition, do you?
MRS. WICKHAM: Well I could figure that out. I don't think
it exceeds more than about three feet from what I can gather.
CHAIRMAN GOEHRINGER: So basically it's about 3' by 26',
bearing in mind of course that it wraps around the existing
garage.
MRS. WICKHAM: Yes. We didn't want to bring it any further
north though because of the location of the driveway.
CHAIRMAN GOEHRINGER: Ok, thank you very much. I should
have mentioned that the proposed addition is approximately 10'
by 26' on the south and it wraps around to the rear of the garage.
The existing garage is approximately 12 and then it wraps
around to the opposite side which is approximately 3 by 26.
Would that be correct?
MRS. WICKHAM: Yeah.
CHAIRMAN GOEHRINGER: Is there anybody else that would like
to speak in behalf of this application?
MRS. McCORMACK: I'm Mrs. McCormack. I'm the property on
the other side. Are proposed garages supposed to be three foot
from the line? And I think that's too close.
CHAIRMAN GOEHRINGER: Three feet from the opposite side.
MRS. McCORMACK. From my side. I wouldn't like it to be
three feet.
MRS. WICKHAM: It's on the south side.
CHAIRMAN GOEHRINGER: Ok. Is there anything else you would
like to say?
MRS. McCORMACK: Well, I have an affidavit here that was
made out by my lawyer about, you know, his suggestions just to
move it over further so it wouldn't be just three feet because
Southold Town Board of Appeals
-3-
May 7, 1982
(Appeal No. 2976 - Karl & Helen Dimig, continued:)
MRS. McCORMACK continued:
I have trees along there. I realize I haven't been out there
recently because I haven't been too well, but I might go out
there and change, you know, my home and everything out there.
I might someday go and live there. And I don't think I would
like that garage, that size, to be right at three feet from my
property line.
CHAIRMAN GOEHRINGER: Do you want to give us that affidavit?
MRS. McCORMACK: Yes, I do. (Mrs. McCORMACK submitted an
affidavit dated May 8, 1982 of Edrica S. McCormack, which is
worded as follows:
...EDRICA S. McCORMACK, being duly sworn deposes and says:
I am the owner of the parcel immediately abutting the parcel which
is the subject of the above appeal. I am to the south of the sub-
ject premises and have reviewed the plans which have been submitted.
The plans indicate that the existing garage is approximately ten
(10) feet from the property line between my property and the
property herein, with the expansion of the garage being proposed
so that the garage will be three (3) feet from the existing line.
The parcels and properties in the area are very narrow with the
subject parcel being 31' of frontage on Bungalow Lane and my par-
cel being 40' on Bungalow Lane, both tapering to a larger portion
upon the water. It would seem logical that if the garage were to
be expanded, it should be expanded to the center of the parcel or
moved closer to the dwelling where the property is wider. It would
appear that extensive construction is going to take place and it
would be logical that the existing structure should be moved or
removed and the new construction take place in the wider portion
of the property.
...I cannot attend the meeting because of a recent illness
and a projected operation and I request that my sister, MILDRED
KOCH, act as my attorney in fact and speak on behalf and submit
this affidavit in opposition to the proposed application.
/s/ Edrica S. McCormack
Sworn to on the 8th day of May, 1982 ....
MRS. McCORMACK continued: My sister was going to come, so it's
made out that...I didn't think that I could get here because I'm
due to go in the hospital, only I didn't have to go this week.
CHAIRMAN GOEHRINGER: Thank you very much.
MRS. McCORMACK: If you want anything else, I've got copies
of all the measurements and everything. Of my property.
CHAIRMAN GOEHRINGER: We have a tax map copy which shows
your parcel, pretty close...within about three feet it boils down
to I'm sure.
Southold Town Board of Appeals -4-
(Appeal No. 2976 - Karl & Helen Dimig, continued:)
May 7, 1982
MRS. McCORMACK: Ok.
CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody
else that would like to speak in behalf of the application?
MRS. WICKHAM: I'd like to address this. I'd like to point
that, as you know, 100-32 does permit an accessory use to be three
feet from the line and I also would like to comment that the
Dimigs have had, over the years, to pick up a lot of trees that
have fallen from that property onto their property and it
probably would be helpful to have that area cleaned out a bit
to avoid that problem.
Is there anybody that would
Would you have anything
CHAIRMAN GOEHRINGER: Thank you.
like to speak against the application?
else to say, Mrs. McCormack?
MRS. McCORMACK: Well, not really. I realize that I haven't
been there but there has been a lot of problems. You can see
I've got a broken arm, for the past two years, stuff like that
which is why I haven't been there. My husband died in the meantime
which is also why I haven't been there. So if anybody had to pick
up trees, I'm sorry.
CHAIRMAN GOEHRINGER: Thank you. Any other comments from
anybody, pro or con? Any questions from any board members? (None)
Hearing no further comments, I'll make a motion closing the hearing
and reserving decision.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Appeal No. 2976, application of Karl and Helen Dimiq.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis
and Douglass. (Absent was: Member Sawicki.)
This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 2972. Application of Anthon~
Macaluso, 1175 Oak Drive, Southold, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to construct
deck to dwelling with insufficient side and front yard setbacks at
1175 Oak Drive, Southold, NY; also referred to as Reydon Shores
Subdivision Filed Map 631, Block C, Lots 16 & 17; County Tax Map
No. 1000-80-1-39.
The Chairman opened the hearing at 7:41 p.m. and read the
appeal application and legal notice of hearing in its entirety.
krbas18r.dll ÿ( € :@ ¢€E.‰¹