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HomeMy WebLinkAboutZBA-04/14/1982Southold Town Board of Appeals HAIN ROAD-STATE ROAD 25 -¢:OUTHOLD, L.I., N.Y. 33971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI MINUTES REGULAR MEETING APRIL 14, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Wednesday, April 14, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were~ ~erard P. Goekringer, Chairman; Charles Grigonis, Jr.; Serge Doyen; Robert J. Douglass; Joseph H. Sawicki. Also present was Mrs. Ruth Oliva, NFEC. The Chairman called the meeting to order at 7:30 p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 2961. Application of Ewald Karbiner and Josep~ .To~itz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law, Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offen- heiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. The Chairman opened the hearing at 7:31 p.m. and read the entire legal notice of hearing and the appeal application. CHAIRMAN GOEHRINGER: We have a copy of a survey dated September 24, 1981 indicating the property and the right-of-way in question. We also have a copy of the County Tax Map indicat- ing this property and the surrounding properties in the area. Is there anybody wishing to speak in behalf of this application? Mr. Price? IRVING L. PRICE, JR., ESQ.: Thank you. Mr. Chairman, members of the board. This application is pursuant to 280A from Southold Town Board of Appeals -2- April 14, 1982 (Appeal No. 2961 - Ewald Karbiner & ano., continued:) Article 16. I would like to point out to you a few things in relation to the petition; mainly that under Subsection 5 of 280A, 15 feet is presumptive sufficiency for the purpose of access, and this road, as shown on the survey is 20 feet...an additional five feet. I personally traveled this right-of-way April 13th at 9:30 a.m. and found it to be open, unobstructed. There were no bushes or anything rubbed on the side of the car. It was improved with bluestone. I drove the length of the right-of-way and turned around. I believe that it is sufficient for fire trucks, ambulances, police cars and other emergency vehicles. It has a frontage as shown by the survey of 162.34 plus 15.16 feet on the said right-of- way so that there is plenty of frontage on the right-of-way. I pointed out in the petition that there are additional houses in there and they are fairly visible from this right-of-way. There is one all the way in as on these tax maps which I have marked up The subject lot is marked with an "X", number 33 in Block 1... 1.2 acres. There is a house up on the property marked Stalls and it is owned now by a Reeve. There was a building permit issued May 23, 1978 No. 97422. Another one 4348 on 6/18/69. One to Stallmeyer himself No. 11359Z in 1981. There are two other houses immediately east...the Reeve house...and there are build- ing permits issued for White, 1195Z on 8/30/60 and one for Saltrepes 9739Z on 5/12/78. So in common justice I believe this access should be recognized and permission granted to build. CHAIRMAN GOEHRINGER: While you're up here, Mr. Price, can I just ask one question? If you notice on the survey, the right-of-way shows a little jog approximately to the east-- MR. PRICE: That's not being used. yesterday it was straight up. When I traveled it CHAIRMAN GOEHRINGER: Yes. You don't know why it's shown like that? MR. PRICE: I don't know why. available. That is also 20 feet. having been used. But if it were, it would be It doesn't show signs of ever CHAIRMAN GOEHRINGER: Right. Thank you very much. MR. PRICE: Oh. One more thing. Of course the summer season is close approaching and the application has already been turned down for a building permit and because the owners would like to be able to enjoy their property this summer, the owners would appreciate any expediency that you exercise in processing this application. Southold Town Board of Appeals -3- April 14, 1982 (Appeal No. 2961 - Ewald Karbiner & ano., continued:) CHAIRMAN GOEHRINGER: Is there anybody else that would like to speak in behalf of the application? Does anybody wish to speak against the application? (None) Any comments from the board? (None) You mentioned, Mr. Price, that you were down there recently. We were down there a week this past Saturday, and we were there on a very bleek day and the right-of-way looked very, very good at that particular time. Hearing no further comments from anybody, I'll make a motion closing the hearing and making decision at a later time. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the .hearing and reserve decision in the matter of Appeal No. 2961, application of Ewald Karbiner and Joseph Tomitz. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2959. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, New York Town Law Article 16, Section 280A over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. The Chairman opened the meeting at 7:40 p.m. and read the legal notice in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a large sketch prepared by Young & Young, L.S. dated January 18, 1982 indicating the traveled road which the Board of Appeals granted access over some time in the earlier part of the year, and the survey indicates the new right-of-way which is now existing in the nature of this application. And we have a copy of the Tax Map indicating the particular property and the surrounding proper- ties in the area. Dr. Schwartz, did you wish to say something in behalf of your application? DR. ARTHUR M. SCHWARTZ: It says most everything. Thank you very much for the opportunity and also to thank you for the building permit...the house is almost ready to be lived in, so we've moved along very quickly. I think it speaks for itself plus the survey. I did one other thing, and that is there is a large photo showing what would be entailed. This is that junc- tion where the traveled road and the new right-of-way are. And Southold Town Board of Appeals -4- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D., continued:) DR. SCHWARTZ continued: now you can see this right-of-way that was put in by Mr. Wells last year follows the power lines, and I had spoken with Mr. DiVello before and Mrs. Galgano and learned that Mr. DiVello was planning a new entrance over Westphalia, and tried to make this right-of-way come close to that new entrance. Also, with the help of some neighbors and also the title company, we secured the old Liber which showed a right-of-way along the south boundary. And the survey drawn by Mr. Young shows that the road that was put in, a 15-foot width, begins at this junction of the traveled road and you can see it right here. Now, to widen this access road, the traveled one, it is lined on each side by trees and now it measures somewhere between 10 and 11½ feet, and to bring it to 15 would mean to remove those trees. And I would suggest also that everyone's property now is on one side of a road and it's not cut through by an access road, and I'm asking that this new road be granted right of access in its present condition. It came through the winter really quite well. Large trucks have used it dur- ing the construction of the house including transit mix and it has done very well. There is one little area that has a little mud there now but can be easily fixed up. Now the only person that I see it making some hardship for, and that could be corrected, the drawing here is not accurate. Actually the road stops about there. And it makes it a little hard for Mr. Munz and I've spoken with Mr. Wells and we could round off that corner making it easier for him to join up with this road, or if he wished, to continue it on into his property. It drains very well, and as I said came through the winter in quite, good shape. Thank you very much. CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody else that would like to speak in behalf of this application? Yes, sir? WILLIAM WICKHAM, ESQ.: I asked to be heard at this time. I'm not exactly -- I'm sort of inbetween. I represent Mr. Berner through whose property this right-of-way has been constructed, and while it was a little bit of a shock to find a new right-of-way there, I can fairly say I think that it's the beginning of the ultimate solution to a very naughty question up there with a meandering right-of-way. Our only problem is probably more of a legal one than it is one before this bureau or this department, for the reason that eventually.., oh right now we have two rights-of-way...if we're going to use the new one that's put in, we certainly would like to have releases on the present one...the meandering one. And otherwise from that, if we go to mortgage to sell or anything like that, we're going to have an objection to title. Southold Town Board of Appeals -5- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D., continued:) MR. WICKHAM continued: Now there was one other matter I wanted to bring up, and the Doctor has already brought it. Gail was supposed to be here to represent Mr. DiVello. She is tied up in Justice Court. Mr. DiVello, of course, would like to have the right-of-way swing down by the side of his property rather than go through...it's a rather naughty thing to have a right-of-way go right through the property and you can't do proper landscaping like that. I bring that up to make you aware of it, and the Doctor has already made you aware of it, but we would like to work that out between the parties if we possibly could. CHAIRMAN GOEHRINGER: Does Gail want to be heard? MR. WICKHAM: Well, I think the ole man can speak for her right now. Unless you have any other questions. CHAI~4AN GOEHRINGER: In asking you about that, in words you're talking about what Maybe you could point this out to me? This triangle is where you want to change the entrance? MR. WICKHAM: Yes. Right down there...swing it right down there. It isn't a right angle by any means but the entrance in- to Westphalia at least going to Mattituck would be a lot easier than it is going this way and swinging back. CHAIRMAN GOEHRINGER: Has anybody spoken to the surrounding property owners, Mr. Galgano... MR. WICKHAM: I think they are all aware of it, aren't they, John? JOHN DIVELLO: Yes I believe Gail has done that. CHAIRMAN GOEHRINGER: Mr. Munz, too? MR. WICKHAM: I don't know whether Mr. Munz -- I don't know about. MR. DIVELLO: He knows of it. MR. WICKHAM: But I just bring that to your attention. It is something we would like to work out. CHAIRMAN GOEHRINGER: Do you think you will come back to the board with a revision of this 280A, or another application, Mr. Wickham? MR. WICKHAM: Well, it's whatever you feel should be done. We're not in a position to make an application now. I'm just bringing it to your attention. Southold Town Board of Appeals -6- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D., continued:) MR. WICKHAM continued: If we can do it on behalf of Mr. DiVello, certainly I would like to do it with notice to the others, of course. CHAI~ GOEHRINGER: Thank you very much. Is there anybody else who would like to speak in behalf of this application? Anybody to speak against the application? Any questions from any board members? (None) Hearing no further comment on either side, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2959, Arthur M. Schwartz, M.D. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2960. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for per- mission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. The Chairman opened the hearing at 7:52 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of the existing survey, I can't see the date, indicating the property which is 40,000 square feet and we have a copy of the tax map indicating this particular property and the surrounding properties in the area. Who would like to speak in behalf of the application? Sir? DAVID KAPELL: My name is David Kapell on behalf of Mr. Fioravantes this evening to describe the planned action. What we intend to do is to take an existing building that has been on the site I'd say for in excess of 50 years and convert its use from a storage building to that of guest facility to house friends of Mr. Fioravantes. In no way is this structure intended for rental use and no cooking facilities whatsoever will be provided on the premises. It's strictly a guest accessory use. Mr. Fioravantes bought this property somewhat over a year ago, has Southold Town Board of Appeals -7- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. KAPELL continued: invested a substantial sum of money in its renovation, and has promoted the general character of his general neighborhood very well; and I think that this would be consistent with existing other uses in the neighborhood and would help Mr. Fioravantes to upgrade this property. The barn was, by the way, in a deteri- orated state and is being improved and will have substantial taxes. I'll be glad to answer any questions if I may or respond to any comments. CHAIRMAN GOEHRINGER: Maybe later. Thank you very much, Mr. Kapell. I failed to mention to everybody, anybody that would like to speak on this application we would appreciate your name first as Mr. Kapell did because of the nature of the recorder here and our secretary who is taking everything down in shorthand. Who else would like to speak in behalf of the application? Anyone? (None) All right, is there anyone who would like to speak against the application? We'll start with this lady first. MARIE SMITH: I'm Marie Smith. I live on the property right in back of Mr. Fioravantes. Mr. Fioravantes has been building, rebuilding his barn, completely gutted it since last Labor Day, has worked at it at least every week. He did not seek a permit we believe until March, and I don't think we're naive enough to believe that he's building two apartments and import friends and relatives, with bathrooms, bedroom and living rooms. He owns a large house with four bedrooms and two baths. I would think that's sufficient for family, friends and relatives. It's going to be a business use. We've seen this happen over and over in this area. CHAIRMAN GOEHRINGER: Thank you. MRS. SMITH: May I ask a question of Mr. Kapell? Are you renting property across the road...you own those houses? MR. KAPELL: Do I own those houses...no, I do not. I'm an agent. CHAIRMAN GOEHRINGER: Ok? MRS. SMITH: Yes. CHAIRMAN GOEHRINGER: Anybody else? Yes, sir. May I have your name? MIKE COTRONE: My name is Mike Cotrone. I live on the adjoining property, just the small cottage right behind this barn or structure that he is turning into a, I would say a residence. I think he's, to make this place a rental. I feel that we have not come out here...we're only out here a year... and maybe I don't have the right to deny but the reason for us Southold Town Board of Appeals -8- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. COTRONE continued: to come out here was for vacation reasons, and with those reasons of mine, this building that's so close to our own little place there just doesn't appeal to us at all. I'd like to reject it all the way, if you understand what I am saying. CHAIRMAN GOEHRINGER: Thank you for your opinion. Does anybody else like to speak? SUSAN LONG: Yes. My name is Susan Long. I live in East Marion to the southeast of the property that's in question. And I have a couple of concerns, one being that I feel that if such a variance is granted it would open up many other subdivisions or properties that are required the 40,000 square feet, having another habitable area on their property. I feel that it would set a precedent and I feel that at a later date, if I should chose to build a garage in my backyard or a barn, that I might some day be able to come back to this board and ask that my parents or whomever may go back there. And I feel also that Southold Town, I don't believe they have much restriction or jurisdiction in going into a home of this type to see if a stove or anything is put in there. And another one of my big concerns, I do have three children that do ride bikes in the area...I'm not aware if this board does field inspections, but the area in question, if you look across the street, there is a one very large home that takes in guests during the entire summer season, and there are many, many cars there. And to the east of that there is a store. To the east of that there is a home owned by Mrs. Amott who has obtained approval by the Southold Town Planning Board to have overnight guests. She's in the B-1 District. To the east of that is a post office. And to the east of that is the Fire Department. And I am very concerned about the traffic and the ingress and egress in this area. Thank you. CHAIRMAN GOEHRINGER: Anybody else like to speak against the application? Mr. Pohlig? EDWARD POHLIG: Edward Pohlig, East Marion. Oh I feel inasmuch as this whole project was started sub rosa, any plea of hardship was self-imposed in the part of the applicant. And I do not feel that should be considered in the board's deliberations. But simply to say it's in harmony with other uses of a similar type in the area...that's true, but it's not in common, because most of these other uses predate the zoning ordinance. And that's a poor excuse for perpetuating such use in the future. And I recommend the board deny this application. CHAIRMAN GOEHRINGER: Thank you. Anybody else? Mr. Kapell? MR. KAPELL: Can I respond to that. CHAIRMAN GOEHRINGER: You can respond to that --let me just Southold Town Board of Appeals -9- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) CHAIRMAN continued: see if there is anyone else. MR. KAPELL: I'd like to respond when the time is right. CHAIRMAN GOEHRINGER: Does anybody else wish-- Yes? ERNY BAXTER: My name is Erny Baxter. Part of my property abuts up on his property. First of all, I would like to respond to something that Mr. Kapell said. They're not asking at the right time for the permit to do all this work. They're asking after they were caught when the work was almost in fact done. They boarded up the front of it and they went around to the back and went in and did all the work. It seems very odd to me if--- well, that's one thing. Secondly, the area is really saturated now and has become almost a boarding house. Where I live, which is right across the street from the post office, there's on Bay Avenue a boarding house there. There's a couple of boarding houses there. There's a couple across the street from me, and now they have these other units in there. It doesn't have to change in the nature of the community. The community no longer becomes a yearround community... it becomes like a hotel for the whole north end of the port. Secondly, his property is just a couple of doors down from both the post office and the fire department. As it is in July you can hardly move for the traffic in there. The addition of cars in that area, say at a time when the fire department had to get out there, they would have to get out of there quick. You can see the kind of an accident or kind of hang-up that would stop those firemen from getting to a fire at some point. I had a couple of other ideas, too. MRS. SMITH: Yes, I had another one. You allow all these boarding houses...that's what they are, frankly. They have too many people for the amount of ground, so they spread out. All the surrounding one-family homes suffer from trespassing. What protection do you offer? We suffer from noise constantly. No one ever goes to bed. One o'clock in the morning is the start of festivities. We should be able to open our windows to breathe. We have litter. You can't call the police. They have enough trouble as it is. Who do you call? You increase the problems that you have no solutions for. MR. BAXTER: Excuse me. You can't but wonder what this is going to do to the property values, especially the people coming out looking at the area during the summer and seeing people at a time out in front of your house with radios blaring and walking around, in one of these rooming houses after another with cars parked on the grass. Cars here. Cars there. Cars everyplace. Southold Town Board of Appeals -10- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. BAXTER continued: It has to have a real impact. It's hard now during the summer. Even though my wife and I have only been out here for a year and a half. It's during the summer the cars go through there like it's a speedway or something. The addition of cars in there jus~ seems to be really weird. CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell? MR. KAPELL: Number one is, and very specifically Mr. Fiora- vantes intends in no way and is willing to accept the variance condition on his compliance with not renting these units to any- body. This is a statement that we make because this is the intended use. It's not intended as a rental unit either by the day, or by the week, or by the month or by the year. It's not a rental property. So I think that for this board to be pre- occupied with adjacent rental uses when in fact the applicant does not propose such a use would be a mistake and it would be unfair to Mr. Fioravantes in all respect. MR. BAXTER: Mr. Kapell, out of respect to you, what if he happens to change his mind in six months from now? MR. KAPELL: In answer to Mrs. Long's point. The Zoning Building Inspector of the Town of Southold very definitely has the authority to make an inspection to insure compliance with this, with whatever the terms of this variance are, if granted. And along with any other violation of the zoning ordinance, which this would be if the variance were granted for the use that we requested and the fact that the property were put to use in some other way. MR. BAXTER: Mr. Kapell, does that answer mean you telling me that the inspector will in fact police this from the time the variance is... MR. KAPELL: No. I did not say that. I said the inspection... Mrs. Long made the point that she wasn't sure whether the town had the authority to follow up. The town does have the authority. The Building Inspector has the authority to enforce the zoning ordinance of the Town of Southold, and this would be a function of the zoning ordinance. CHAIRMAN GOEHRINGER: Can I just reflect upon that one second. Number one, I don't want to get into a back and forth motion because sometimes it causes a little problem. I just wanted everybody to be aware of it. But to answer your question, we had a public informational meeting last night on one-family hous- ing conversions, and I did mention to the public that there was at one time a specific application granted, not similar to this, because each individual case is unique, and on that application what seem to upset the people tremendously was a one-year Southold Town Board of Appeals -11- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) CHAIRMAN continued: inspection, ok. An annual inspection by the Building Department with no notice between the hours of 8:30 to 4:00. In that res- pect if a decision would be granted...and I'm not saying that one would be...but if that would be the normal realm that people would be thinking of...when .I say thinking of, that would be the way that w~ would be thinking, on this board if a decision was to come in this particular area. And I'm not making a deci- sion in any way, and I'm -only one person, one of five persons on this board. So on that respect, do you understand that, Mrs. Long? MRS. LONG: Yes. I think that's excellent. I would love to see it state also that they would be able to inspect if they should choose to do so three years from that date, not just one year. CHAIRMAN GOEHRINGER: That's every year. Annual inspection. MRS. LONG: Oh annual. Oh, I think that's excellent. CHAIRMAN GOEHRINGER: Are you finished, Mr. Kapell? MR. KAPELL: I would just like to say, the building inspector has the authority under the zoning ordinance to inspect any premise at any time. I wouldn't want to say it without looking at the ordinance what the owner's rights are as to notice, because that there probably are some rights as to notice. However, the building inspector definitely has the authority to make inspections around compliance with any aspect of the zoning ordinance, and to put this property for use as a rental property in defiance of the variance, or even if the variance is not granted would be a violation of the zoning ordinance and the building inspector could site it. He has the right to make these inspections at any time, not only on anniversaries of this variance if granted, so I would like to say that I think it would be unfortunate for Mr. Fioravantes to find himself in the position of being affected adversely by other people's actions on other properties at other times, and we do apologize for the work that was undertaken without a building permit, but that's another issue. The issue of the use to which this property is being put, being stated very distinctly and we're willing to be bound by it. MRS. SMITH: This is rather personal, but Mr. Fioravantes' small children already find our property very fascinating. Must I police my backyard constantly? If his children like my backyard, where do you think his guests...so-called guests and family are going to go for a recreation. They have a strange piece of property... it goes this way and this way. They really don't have that much room to be entertained in. Who protects us? I think I have the right to privacy. Mr. Baxter will suffer a great deal. So will Mr. Cotrone. He's not there all the time. They spend a great deal Southold Town Board of Appeals -12- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MRS. SMITH continued: of time on his property...we have them across our back, down this side and then onto a private road. We've had this experience for the ten years we've lived out here. MR. KAPELL: Well, Mr. Fioravantes hasn't been there for ten years. MRS. SMITH: No, but all these guest houses, they just spread out. MR. KAPELL: We're not proposing a guest house. I'd like to say that we're not proposing or ~asking for permission to develop a guest house. MRS. SMITH: It's a matter of semantics. MR. KAPELL: It's a matter of legality. MRS. SMITH: Experience has taught us that. MR. KAPELL: We're not proposing a guest house. CHAIRM3LN GOEHRINGER: I understand exactly where everybody... and what the feelings are...I just have to keep the people in this room aware of the fact that when we get into counterproduction it's really not to anybody's well being. Mr. Baxter? MR. BAXTER: I just wanted to say Mr. Kapell has gone over very quickly the fact of the time of asking for the permit, was another issue, was not exactly right. It is in fact central to the issue because in fact, if the board decides to grant this, we as neighbors are being asked in a certain real way to trust him. We're being asked because we feel or not we, I can't speak for others...because I feel that the building inspector being a quizzy fellow will only be able to look in there a~couple of times, so I have to take Mr. Fioravantes'...through Mr. Kapell...I have to take Mr. Fioravantes' word for it, but already I have a very difficult time doing that because having watched the work go on over a period of time and knowing full well that the law of the community...which I assume the community put that law into effect because they judged it to be for the community welfare...and all of this time that law being broken, broken and broken, I find it very difficult as a matter of fact to trust him or to see that as a separate issue. It's part of the issue, a fundamental part as a matter of fact. Poor me, I'm not willing to just pass that by. MR. PO~LIG: I agree. He has set a precedent already. CHAIRMAN GOEHRINGER: Mr. Cotrone, you had something further? Southold Town Board of Appeals -13- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. COTRONE: Assuming that this thing is all resolved one way or the other, is there anyway that this would be able to be brought back, or would that be a final judgment as far as what the determination is tonight? CHAIRMAN GOEHRINGER: No, the applicant has 30 days to appeal. MR. COTRONE: What if it goes in his favor? MEMBER GRIGONIS: Then you've got 30 days. CHAIRMAN GOEHRINGER: To bring an Article 78. MR. COTRONE: Thank you, sir. CHAIRMAN GOEHRINGER: Any other questions from anyone? GEORGE SMITH: George Smith, East Marion. I'm the husband of Marie Smith, who spoke before. Leaving aside the possibility of rental uses, we're talking about very sizeable numbers of people on this one-acre lot. We have to begin with a main house with four bedrooms, two baths, which can accommodate a lot of friends and relatives. Do we need additional space in a very large storage barn for conversion that's going to accommodate a great many bed and just many more people than I think a one-acre zoning contemplates. CHAIRMAN GOEHRINGER: Thank you, sir. Mr. Pohlig? MR. POHLIG: Basically what it comes down to, as I understand the configuration of this proposed conversion. It's two stories, one above the other, both with a separate outside entrance. Both with its own living room, own bedroom and own bathroom. For all the world it looks like two separate units, and it comes down to three separate dwelling units on a one-acre parcel. CHAIRMAN GOEHRINGER: Thank you. MRS. LONG: May I add one thing, Mr. Chairman. CHAIRMAN GOEHRINGER: Certainly. MRS. LONG: On behalf of my husband I would like to make a statement. He is a volunteer fireman in East Marion and he is very concerned about the growth on this particular road...on the area where the fire department is, and I would just like that to go on record. As a fireman he is very interested in the congestion and everything that's being built up in the area. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell. Southold Town Board of Appeals -14- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. KAPELL: I would just like to sum up a few things. One, Mr. Fioravantes has a large family. He has three children, two are adults, and a four-bedroom house is not oversized. Number two, I want to re-state and emphasize the fact that the property will not be put to a rental use and are willing to abide by any form of verification that the town wants to subject with regards to that compliance. And number three, we believe that this application will not substantially alter the character of this neighborhood, nor the traffic conestion. We're talking about a family use, not income use. CHAIRMAN GOEHRINGER: Thank you. Any other comments from anyone that hasn't been said? (None) Any questions from any board members. (None) What stage of completion is this in now, Mr. Kapell? MR. FIORAVANTES: The walls. CHAIRMAN GOEHRINGER: The sheetrock is up? MR. FIORAVANTES: Yeah. (Statement not understandable.) because the building was on the side fall down a little bit and looked bad. Then I cleaned the side, all the stuff on the outside. Then I put a new roof, new windows, new doors. MRS. SMITH: I can give you a six-months' building progress report. New roof, paint job, completely gutted, enormous barn fires, smelly barn fires burning everything up, all new windows, all new doors, installed behind boarded up things. Possibly a new floor. All it lacks is a staircase. CHAIRMAN GOEHRINGER: Mr. Cotrone? MR. COTRONE: Yes. Another thing. In view of what, I know him as Jerry, of what he has just said. I don't see where the building is structurally sound to keep anybody in there. Especi- ally any one's family. I can't understand that. MR. POHLIG: Jerry, I question the two more units being added. What provisions are contemplated for sewage disposal and water supply? CHAIRMAN GOEHRINGER: Mr. Kapell? MR. KAPELL: Mr. Fioravantes will have to comply with the building department's regulations in how the building in constructed, protected and supplied with, you know...we have filed for a building permit, it was turned down. We expect to receive the building permit if this variance is granted and proceed subject to inspection by the building department. So those conditions remain...subject to variance or not. CHAIRMAN GOEHRINGER: Thank you very much. Any comments from Southold Town Board of Appeals -15- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) CHAIRMAN continued: board members again? (None) Hearing no further comments, I'll make the motion closing the hearing and reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2960, application of Gerasimos Fioravantes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2963. Application of Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for per- mission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road. County Tax Map No. 1000-145- 4-15. Edgemere Park Lots 12, 13 and 14. The Chairman opened the hearing at 8:18 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of a survey which was done by Young & Yount April 17, 1979 indicating the position of the present one-story frame house and garage which sits approxi- mately in the middle of Lot No. 13, and showing the proposed addition which appears to be approximately 33.9' in width and approximately 58.9' in length and sits almost in the center of Lot 12. We also have a copy of the County Tax Map showing this property and the surrounding properties in the area. RICHARD ZEIDLER: I have sold my house in Patchogue, and we have to be out by August,and the garage and the house along side of it, one part of it is right on the building line, the other part is a foot away, and I'm asking for a 6' easement. And the way the property is situated with 6' on one end and 9' on the other. And I have a picture of their garage...it shows a fence and it also shows the front of their house and the property line. And actually the front of my house. We're asking for...we actually want to take and put a solar type of a thing in the front. We need the room. I have three boats and I'd like to be able to put the boats in when we get finished. Southold Town Board of Appeals -16- April 14, 1982 (Appeal No. 2963 - Richard Zeidler, continued:) CHAIRMAN GOEHRINGER: Mr. Zeidler, this is going to be not habitable area...this is going to be just storage area? MR. ZEIDLER: The only part there is going to be a room is the one closest to the water where I would take and put a solar heater. In other words I want to put glass doors, cement floor, stuff under my house that I have now with the rocks and I have electric heat, and it's expensive. CHAIRMAN GOEHRINGER: Any idea of how large a room that will comprise? MR. ZEIDLER: That room will actually be about 20' by 24' That solar part that I want to put in there. CHAIRMAN GOEHRINGER: And the rest of the building will be storage? MR. ZEIDLER: And garage. Actually I had an architect draw a proposed plan, and it isn't what I wanted. I'll show it to you. Because when he got finished.., and it would have cost about as much as your school cost. MR. WALKER: If I just may say, I'm Mr. Walker and we have no objection at all. We're the ones that live on the north of his residence, and I'm sure it will enhance the community. CHAIRMAN GOEHRINGER: Thank you, Mr. Walker. MR. ZEIDEER: Now this is the picture. I call this the front of the house. This is the part of the house that is by the water. Actually, this is the front of the house where my driveway is and what he did here is absolutely terrible. That's $385 worth...he's a nice guy. What I want to do is to take the front of the garage out and this will carry right through to the other side, and where I have this picture here, I'm going to take this part of this, and this will be over in here, this will have the glass-sliding doors and the solar system that we're talking about. But this makes sense. That would never look nice. There's no bedrooms, no sleeping or anything, to enlarge anything or bring any family or what have you. And I heard you say you have 60 days, please... 60 days I'm in a lot of trouble. You can have those. You can have that too. (Photographs entered into file of neighbor's house.) CHAIRMAN GOEHRINGER: Anybody else present who would be in favor of saying something in this application? MR. ZEIDLER: My wife. MRS. ZEIDLER: I was going to but then I thought I better not. CHAIRMAN GOEHRINGER: Anybody like to say anything against the application? (None) All right, hearing no further comments on Southold Town Board of Appeals -17- April 14, 1982 (Appeal No. 2963 - Richard Zeidler, continued:) either side, I'll again make a motion closing the hearing and reserving decision for a later date. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2963, Richard Zeidler. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2963. Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-Way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick and Woglom; east by Swick and Jayne. County Tax Map No. 1000-23-1-7. The Chairman opened the hearing at 8:27 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of the survey dated June 26, 1973 (and amended March 25, 1982) indicating the right- of-way and parcel as mentioned in the application, and a copy of the County Tax Map indicating this particular property and sur- rounding properties in the area. Is there anybody in behalf of this application? WARREN SAMBACH: I'm Warren Sambach and just rest my case. CHAIRMAN GOEHRINGER: Ok. Anybody wishing to speak against the application? (None) Hearing no further comments, I'll again make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2963, application for Aaron Shikler by Warren Sambach as agent. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. The board recessed for approximately four minutes and the meeting reconvened at 8:36 p.m. Southold Town Board of Appeals -18- April 14, 1982 PUBLIC HEARINGS: Appeals No. 2966, 2967, 2968 and 2969. Applications of the Mattituck Chamber of Commerce for permission to erect off-premises advertising signs in the following loca- tions: Appeal No. 2966 - Property of Leslie Tuthill, North side of C.R. 48, Cutchogue, NY. CTM #1000-101-1-4. Appeal No. 2967 - Property of R. Nine, Southeast corner of C.R. 48 and Westphalia Avenue, Mattituck, NY. CTM #1000-141-3-22. Appeal No. 2968 - Property of Greenbriar Homes, North side of Main Road, Mattituck, NY; CTM #1000-108-3-5.5. Appeal No. 2969 - Property of R. Reeve, Southeast corner of Sound Avenue and Aldrich Lane, Mattituck, NY; CTM #1000-120-3-8. The Chairman opened the hearings simultaneously at 8:37 p.m. and read the legal notices of hearings in their entirety. The Chairman was authorized to waive the reading of each application. CHAIRMAN GOEHRINGER: Is there anybody that would like to speak in behalf of this application? RAYMOND NINE: We just want very simple "Welcome to Mattituck" signs. The Chamber has gone out and gotten written property owner permission. You have a picture of it, right? CHAIRMAN GOEHRINGER: Yes. May I ask you, is it the same sign that appears now in the triangle across from the bowling alley (Mattituck). MR. NINE: It's not that big. The one that's in the park in front of the bowling alley is a much bigger sign. These are about a quarter of the size, Lois? LOIS SAU~{OFF: They are approximately 24" by 30" standing on one post and crossbar. The one in the park is 2' by 6' CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody else that would like to be heard concerning these applications? Would you like to say something? MS. SAUTHOFF: Well, we feel that these signs will certainly enhance the community and help bring it our image and all of us would really appreciate a speedy decision from you. CHAIRMAN GOEHRINGER: Would anybody like to speak against the applications? (None) Any questions from the board members? Hearing no further questions and bearing in mind that the appli- cations do abide by our zoning conditions, I'll make a motion granting all four as applied for and subject to these ten condi- tions which will go along with the decision. Southold Town Board of Appeals -19- April 14, 1982 (Appeals No. 2966, 2967, 2968, and 2969 - Mattituck Chamber of Commerce, continued:) 1. That the sign shall continue only as long as the property owner's consent is in effect; 2. The purpose of the sign must be directional in the public interest and said sign shall bear only the words as generally indicated in the application (Welcome to Mattituck); 3. Said sign shall not exceed the size of four feet by six feet (4' by 6'); 4. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet [4'] above ground; 5. Said sign shall not be illuminated; 6. This permission is subject to receiving recommendations from the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 7. This permission is terminable at once at the direction of the Board of Appeals; 8. In the event the property in question is conveyed, written notification to this board shall be made within a reasonable time; 9. This sign permit hereby authorized shall in no event be in effect for more than five.years, except by approval of this board after receiving written request annually thereafter and compliance with all the above conditions have been made; 10. This sign permit is subject to the Federal Highway Beautification Act and any and all other funding laws for highways, if applicable thereto. MEMBER SAWICKI: Second. The board made the following findings and determination: By this appeal, applicant seeks permission to erect a hand-painted redwood sign approximately 2' by 3' to be hung from 4" post and crossbar with a general wording "Welcome to Mattituck," to be located at four different sites, to wit, (1) Property of Leslie Tuthill, North Side of C.R. 48, Cutchogue, NY, 1000-101-1-4; (2) Property of R. Nine, Southeast corner of C.R. 48 and Westphalia Avenue, Mattituck, NY, 1000-141-3-22; (3) Property of Greenbriar Homes, Inc., North side of Main Road, Mattituck, NY; 1000-108-3-5.5; Southold Town Board of Appeals -20- April 14, 1982 (Appeals No. 2967, 2968, 2969 and 2966 - Mattituck Chamber of Commerce, continued:) (4) Property of R. Reeve, Southeast corner of Sound Avenue and Aldrich Lane, Mattituck, NY; 1000-120-3-8. Applicant has submitted written permission from the current property owners for the records. In considering this appeal, the board finds and deter- mines that the use herein: (a) will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; (c) will not adversely affect the safety, health, welfare, comfort, convenience or order of the town; (d) will be in harmony with and promote the general purposes and intent of the zoning ordinance of the Town of Southold. The board also finds and determines that if the relief is granted no adverse effects will be produced on surrounding properties or of governmental facilities of any increased population; that the relief is not substantial in relation to the code requirements; and that the interests of justice will be served by granting the relief as requested and subject to the condi- tions specified below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeals~O. 2966, 2967~ 2968 and 2969, Matti-~ tuck Chamber of Commerce, be granted permission to erect sign with the general wording "Welcome to Mattituck" as requested and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sign shall continue only as long as the property owner's consent is in effect; 2. The purpose of the sign must be directional in the public interest and said sign shall bear only the words as generally indicated in the application (Welcome to Mattituck); 3. Said sign shall not exceed the size of four feet by six feet (4' by 6'); 4. Said sign shall not be less than five feet (5') from any property line; the bottom edge of said sign shall not be less than four feet [4'] above ground; 5. Said sign shall not be illuminated; 6. This permission is subject to receiving recommendations Southold Town Board of Appeals -21- April 14, 1982 (Appeals No. 2966, 2967, 2968 and 2969 - Mattituck Chamber of Commerce, continued:) from the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 7. This permission is terminable at once at the direction of the Board of Appeals; 8. In the event the property in question is conveyed, written notification to this board shall be made within a reasonable time; 9. This sign permit hereby authorized shall in no event be in effect for more than fi~e yea. rs, .except by approval of this board after receiving written request annually thereafter and compliance with all the above conditions have been made; 10. This sign permit is subject to the Federal Highway Beautification Act and any and all other funding laws for highways, if applicable thereto. Locations of These Signs: (1) Property of Leslie Tuthill, North Side of C.R. 48, Cutchogue, NY; 1000-101-1-4; (2) Property of R. Nine, Southeast corner of C.R. 48 and Westphalia Avenue, Mattituck, NY, 1000-141-3-22; (3) Property of Greenbriar Homes, Inc., North side of Main Road, Mattituck, NY; 1000-108-3-5.5; (4) Property of R. Reeve, Southeast corner of Sound Avenue and Aldrich Lane, Mattituck, NY; 1000-120-3-8. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -22- April 14, 1982 Mrs. Henry Latham was present concerning a pending decision on the Davis-Slotkin matter, Appeal No. 2932, which hearing was held on March 19, 1982 and closing pending deliberations. The Chairman explained that a decision may possibly be made later this evening when the board has had an opportunity to deliberate in executive session. The Chairman said he would call Mrs. Latham by telephone advising of whether or not a decision was made later. Mrs. Latham asked to be reached at 765-2929 any time this evening. PUBLIC HEARING: Appeal No. FL-ii. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map Parcel No. 1000-15-9-1.4. The Chairman opened the hearing at 8:46 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of a survey indicating an update on October 9, 1981 by Young & Young, and we have a copy of the County Tax Map showing this and the surrounding properties. The nature of the appeal is an unusual one in respect to the Building Inspector's determination showing a division, the portion that is existing toward the water is in a V-Zone and the portion where the proposed house is in an A- Zone. Is there anybody that would like to speak in behalf of this application? WILLIAM B. SMITH: Yes. First off, as you might know, I have since September 18th since I filed the application for a building permit, and not knowing about the Federal Floodplain as much as I should and plus the building department not also knowing about the floodplain, we got into a total hassle which has been going on for many months. I have the original map that the county and the federal government went by to determine the elevation. And this here you can have...this map showing 11' at the road...in fact it's even across the road. And back in the days when I sold this property to Mr. Boylhart, we were there many times and I said I can't understand why it's only 11, high when you stand here and look down at the water such a distance below, or when you're down at the water and look up. And I hired Mr. VanTuyl to make another survey of this particular lot and he proceeded to go by the same survey, evidently put out by the County, got a new survey and showed contour lines every five feet. And with that I was still totally unhappy with it because Southold Town Board of Appeals -23- April 14, 1982 (Appeal No. FL-ii William J. & Ruth Boylhart, continued:) MR. SMITH continued: it was the same thing. And I hired, myself, personally, Alden Young. I went to them and spoke to them about it, and they did a new survey which turned out to be 14.3 feet. This was done because by this time I'm finding out that I'm getting in trouble with the floodplain. Not knowing that the building department had lead agency in handling the floodplain, I was told I should appeal it in Washington. Well, I wasn't about to appeal anything in Washing- ton because I figured that would take about 14 years, so I didn't bother with it. But if it wasn't for Larry Tuthill the last couple of months I would not even be to this point, right today, for some reason...Mr. Tuthill called me up and told me that the building department had total jurisdiction over the floodplain. At that point I got no action from the building department... and I'm not criticizing the building department because I think this thing is done by the Federal Government and so forth...is so involved...that I got no action. However, Mr. Pell, at about this particular time, and this is why Larry Tuthill called me, he's the town engineer...had had a meeting with people from New York, with the head of the building department, Larry Tuthill and the men from Stony Brook, and they agreed that this project should be approved and I should get action locally. And after having a meeting with Mr. Pell, this was done. I got a building permit...but the building department would still not give me a permit because it's in the A-Zone. He made the decision that it's in the A-Zone, but he would not give me the permit for an 8-foot cellar. And Larry Tuthill being very surprised and so forth...I've talked to him many times and he kept telling me, "Bill, you can have it if you want it." And so he says appeal it to the Appeals Board. And I said, "You mean the Appeals Board can handle this?" He said, "Absolutely. You don't have to go to Stony Brook or Washington." That's why I'm here. And I have had a tremendous amount of trouble doing this. The owner has been very good about it because right now it has cost him $2,839.90 and I don't know how much more it is going to cost him because I do not have a bill from Mr. Roy Haje of Env. Consultants. The last bill I got from him was in December, and he has been untold hours with the environmentalists in Stony Brook trying since last December to get permission to place fill in the V-Zone, which after many months I find out I'm not in the V-Zone. I'm in the A-Zone. The permit for the fill is now in the mail from Stony Brook to Mr. Haje, and that's my story. CHAIRMAN GOEHRINGER: Is it my understanding, Mr. Smith, that this gentleman Boylhart wants to use the basement for storage? MR. SMITH: Everything. A regular basement, for not storage but to do his plumbing and heating and not have to crawl through Southold Town Board of Appeals -24- April 14, 1982 (Appeal No. FL-ii William J. & Ruth Boylhart, continued:) MR. SMITH continued: a house about 75' long to drain pipes, because he lives in Cali- fornia; until he retires in about four years this will be a summer home...for about a month or two, I guess. And we will have to put shutters on the windows up there. He doesn't want the windows to get pitted or anything with salt spray or whatever. That will all be put in the cellar. That's the only storage. CHAIRMAN GOEHRINGER: There's no habitable storage? MR. SMITH: Oh, gosh, no. CHAIRMAN GOEHRINGER: Thank you very much. Does anybody else wish to speak in behalf of the application? Anybody like to speak against the application? (None) MR. SMITH: I might say before you ask for that, I have my building permit...oh, I didn't tell you all. I was informed many moons ago that I would have to have a breakaway foundation because that was in the V-Zone rather than being put on piling. I had Mr. Tsontakis re-draw the plans for a breakaway foundation which was another several hundred dollars. And I now have a building permit for a crawl space, and that is what this permit is here. So what we're after here is to see if we can't have a cellar and according to Mr. Tuthill the wave action, which I don't frankly understand, the wave action and so forth at that point, and there is no sand like the sand dunes in the ocean areas or Louisianna or wherever you want to talk about...there's no wash, but as Bob knows it has been there for 300 years and productive. So we don't have the same problem that you have in other critical areas, like the Hamptons and so forth. CHAIRMAN GOEHRINGER: Thank you very much, Mr. Smith. Any comments from any board members? Bob? (None) Any comments from anyone? (None) Hearing no further comments, I make a motion closing the hearing and reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. FL-11, William J. and Ruth Bo¥1hart. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. Southold Town Board of Appeals -25- April 14, 1982 On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to approve the Minutes of the following meetings of the Board of Appeals: March 19, 1982 regular meeting and April 3, 1982 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to table the following matters pending review and approval from the agency noted as follows: Appeal No. 2946 - Peter Kujawski. Tabled until the Planning Board has had an opportunity to officially take action on this proposal and has recommended that the ZBA proceed with the variance application. Appeal No. 2962 - Gertrude K. Reeves. Tabled pending review and approval by the Planning Board concerning the proposed layout on this subdivision. Appeal No. 2971 - Tabled pending receipt of documentation showing the legal access to the property and sketch indicat- ing the location of the proposed structures in relation to the lowland areas. Solwin Industries Ltd. Appeal No. 2975 - Solwin Industries Ltd. Special Exception. Tabled pending receipt of documentation showing the legal access to the property and sketch indicating the location of the proposed structures in relation to the lowland areas. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to schedule the following applications for public hearings to be held at the next regular meeting of this board, to wit, Friday, May 7, 1982 to be held at the Southold Town Hall: Appeal No. 2973 - Eugene and Patricia Ann Mott. To construct building in B-1 Zone with insufficient side and rear yard setbacks at 31935 Main Road, Cutchogue, NY. Southold Town Board of Appeals -26- April 14, 1982 Appeal No. 2976 - Karl and Helen Dimig. To reconstruct and enlarge existing garage located in the frontyard area to an extent exceeding 50% of its fair value at 1015 Bungalow Lane, Mattituck, NY. Appeal No. 2974 - Lucy E. Michaels. To construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY. Appeal No. 2972 - Anthony Macaluso. To construct deck addition to dwelling with insufficient side and front yard setbacks at 1175 Oak Drive, Southold, NY. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the date and time of the next regular meeting of this board shall be Friday, May 7, 1982 commencing at 7:30 o'clock p.m. to be held at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. ENVIRONMENTAL DECLARATION: 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 permission 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 Parcel No. 1000-123-3-13. On motion by Mr. Goehringer, seconded by Mr. Douglass, Southold Town Board o~ Appeals -27- Apr. 14, 1982 it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Karl and Helen Dimiq: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in the appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur'to the environment should this project be implemented as planned in the within appeal application. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal application. Location of Property: 1015 Bungalow Lane, Mattituck, NY; bounded northeast by Deep Hole Creek; northwest by Smith; southwest by Bungalow Lane; southeast by McCormack; County Tax Map No. 1000-123-3-13. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -28- April ~4, .1982 ENVIRONMENTAL DECLARATION: Appeal No~ 2972. Application of Anthony Macaluso for permission to construct deck addition to .dwelling with insufficient, si~e' and fr.on.tyard setbacks. 1175 Oak Drive, Southold, NY. On motion by Mr. Goehringer, seconded bY Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Anthony Macaluso: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a ~y~e II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a dete~LLination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: CTM No. 1000-80-1-39. 1175 Oak Drive, southold, NY; Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. M~ssrs. Douglass, Goehringer, Southold Town Board of Appeals ,29- April 14, 19'82 ENVIRONMENTAL DECLARATION: Appeal Nol 2973. Application of Eugene and Patricia Ann MOtt, Box 38, Middle Island Blvd., Middle Island, NY 11953 for permission to construct building in a B-1 Zone with an insufficient side and rear setback at 31935 Main Road, Cutchogue, NY. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to declare the folloWing Negative Environmental Declaration concerning the matter of Eugene and Patricia Ann Mott: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The premises in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 31935 Main Road, CUtchogue, NY; CTM N0. 1000=97-5-9. Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. M~ssrs. Douglass, Goehringer, Southold Town Board of Appeals -30- April ~4, .1982 ENVIRONMENTAL DECLARATION: Appeal No. 2974. Application of Lucy E. Michaels for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Lucy E. Michaels: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration should not be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 3570 Minnehaha Boulevard, Southold; CTM No. 1000-87-3-7. Vote of the Board: Ayes: Grigonis, Doyen and Sawicki. MEssrs. Douglass, Goehringer, Southold Town Board of Appeals -31- April 14, 1982 RESERVED DECISION: Appeal No. 2959. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, New York Town Law Article 16, Section 280A over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. The public hearing was held earlier this evening concerning this matter, at which time the hearing was declared closing pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks approval over a new right- of-way as recorded in Liber 984, cp 99, which the board understands to be the legal access to the premises and which is more particu- larly shown on survey by Young & Young, L.S. dated January 18, 1982. The right-of-way is 15' in width and extends 567.98 feet to the premises in question from Westphalia Avenue. At the beginning of the right-of-way in question (at Westphalia Avenue) is an entrance gate having a clearance of roughly 11'7" Previous appeals have been made concerning access to the subject premises by Appeal No. 1632 dated August 24, 1972 and by Appeal No. 2925 dated December 5, 1981. Upon inspection of the premises, the board has found the right-of-way requested by this application to be newly cut; and it is the opinion of this board that the right-of-way may, past the first 30 feet in length be widened to a minimum of 15 feet, without significant difficulty, to the premises in question, and that the width of the right-of-way beginning at the entrance gate and along the first 30 feet in length should be widened to 12 feet. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the applicant, Arthur M. Schwartz, M.D. be granted approval of access over the new right-of-way in question, pursuant to New York Town Law, Section 280A as applied in Appeal Southold Town Board of Appeals -32- April 14, 1982 (Appeal No. 2959 - Arthur M. Schwartz, M.D. continued:) No. 2959 and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The entrance within the right-of-way shall be a minimum width of 12 feet (widened to the existing trees) for the first 30 feet in length commencing from the right-of-way property line along Westphalia Road [Avenue]; 2. The right-of-way must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet, past the first 30 feet of the subject access road and extending to applicant's property; 3. The entire access road commencing from Westphalia Road and to the applicant's property shall be improved with a minimum depth of two inches of packed three-quarter-inch stone blend; 4. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred, until all the conditions set forth herein have been complied with; 5. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be necessary and recommended by the Town Engineer; 6. That upon completion of the improvements of this access road, the Board of Appeals shall receive notice of such completion in order that an inspection of the access road may be made as to meeting the above requirements; 7. That this access is deemed to include the approval of access to all lots abutting the subject private road from the town public street to the parcel in question. Location of Property: Right-of-way off Westphalia Road [Avenue], Mattituck, NY; County Tax Map Parcel No. 1000-113-9-10.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -33- Apr~ 14, 1982 RESERVED DECISION: Appeal No. 2932. Application of JaY P' and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Matti- tuck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stout- enburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map No. 1000-70-5-4. The public hearing on this matter was held on March 19, 1982, at which time decision was reserved pending deliberations. The board made the following findings and determination: By this appeal, applicants seek a variance to the provisions of Section 100-30 for permission to use residentially zoned property to be used as a three-profession office-type building. The premises in question is located on the north side of State Route 25 and the east side of Ackerly Pond Road, Southold, and comprises approximately .59 of an acre. The property is improved with a 1½-story wood frame house and accessory garage. It is designated on the Suffolk County Tax Map as District 1000, Section 70, Block 5, Lot 4. A majority of the properties surrounding the subject premises is zoned "business"; and the parcel immediately north of these premises is zoned residential as well as the property immediately east of the subject premises. At the hearing, it was shown by dollars and cents proof that the land in question could not yield a reasonable return if used for any of the uses allowed in this district by applicants evidencing: the amount paid for the land in question; its present value; maintenance expenses; land taxes; the amount of mortgages and other encumbrances. Testimony was offered by real estate brokers testifying the value of the premises with improve- ments to be around $60,000, and if in another residential location between $72,500 and $75,000. The brokers also testi- fied that during the period this property was listed with their offices, this offer by the applicants herein was the only offer which is subject to obtaining this use variance. They state that the reasons for this lack of interest by potential customers is due to the expansion of the surrounding businesses and the busy street intersection. In considering this appeal, the board determines that the burden of unnecessary hardship has been satisfied in that the land cannot yield a reasonable return if used only for a purpose allowed in this district; that the circumstances are unique; that the use applied for will not alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adjacent properties or of property in adjacent use districts; that the use will not prevent the orderly Southold Town Board of Appeals -34- April 14, 1982 (Appeal No. 2932 - Jay P. Slotkin, M.D., continued:) and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance conditionally as noted below. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the application of Jay P. Slotkin, M.D., Appeal No. 2932, is hereby granted SUBJECT TO THE FOLLOWING CON- DITIONS: (a) Any future expansion must be approved by the Board of Appeals by formal application prior to construction; (b) Not more than three medical professionals; (c) There shall be a minimum of 12 parking spaces which shall be in compliance with Section 100-112(C) of the Zoning Code; (d) The parking areas shall be paved with four inches of crushed bluestone blend, rolled; (e) Screening with hedges or wooden stockade fence along the rear and side property lines abutting the residential parcels not less than 3' and up to 6' high; (f) Egress and ingress shall be off Ackerly Pond Road; (g) No removal of the existing black-pine shrubs along the road front property areas. Location of Property: 49725 Main Road (a/k/a 50 Ackerly Pond Road), Southold, NY; County Tax Map Parcel No. 1000-70-5-4. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. FL-ii. Application of William J. and Ruth Boy!ha.rt, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Sec- tion 46-18A for permission to construct lowest floor below the minimum required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map NO. 1000-15-9-1.4. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed pending delibera- tions. The board made the following findings and determination: Southold Town Board of Appeals -35- April 14, 1982 (Appeal No. FL-11 William J. Boylhart, continued:) Upon investigation and personal inspection of the premises in question, the board finds as follows: The lot in question has an area of approximately 43,000 square feet with an average width along Latham Lane of 135 feet and an average depth to the high water mark per filed map of 332 feet. The plot plan submitted to the board dated Octo- ber 9, 1981 indicates that the area of the lot where the dwelling is to be constructed has a lowest elevation of nine feet and a highest elevation of 12 feet, above mean sea level. The Building Inspector determines this parcel to be in an A Flood Zone with a minimum elevation requirement of 11 feet. Applicant requests permission to construct basement floor at eight feet or more above mean sea level. The distance of the proposed location of the subject dwelling from the high water mark is approximately 220 feet. It should also be noted that the parcels located to the south of Latham Lane appear to be in a B-Flood Zone, an area protected from the base flood, as indicated on Panel 50 of 115, FIRM 9360813 0050A dated March 18, 1980. In passing upon this application, the board has considered all technical evaluations; all relevant factors; all standards specified in the code; and all of the applicable factors con- tained in Section 46-15B, subdivisions (1) to (11), inclusive of the Code. The board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nui- sances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the applicant, William J. Bo~lhart, be and hereby is granted a variance from the provisions of the Flood Damage Prevention Law of the Town of Southold, as applied for in Appeal No. FL-11, to construct lowest floor of this proposed one-family dwelling at 8' above mean sea level on p~emises l~cated at 1370 Latham Lane, Orient, New York, (County Tax Map District 1000, Section 15, Block 9, Lot 1.4), SUBJECT TO THE FOLLOWING CONDITIONS, to wit: [1] That the basement (below the 11' base flood level) be floodproofed so that the structure below the base flood level is watertight with walls substantially impermeable to the passage of water; Southold Town Board o~ Appeals -36- Apri. 14, 1982 (Appeal No. FL-ii, William J. Boylhart, continued:) [2] That the floodproofing requirements be certified by a registered and licensed professional engineer/architect as meeting the standards set forth in the preceding paragraph hereof; [3] That such certification be filed with this board (and with the building department) of the Town of Southold; [4] That prior to commencement of construction, the applicant apply for and obtain a Development Permit from the Town building inspector, pursuant to the provisions of the Flood Damage Prevention Law of the Town of Southold; [5] That the basement floor not be constructed less than eight feet above mean sea level; [6] That the basement/cellar area is not to be used for habitable purposes, only storage being permitted; AND IT IS FURTHER RESOLVED, that pursuant to the provi- sions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the lowest floor elevation below the base flood elevation as indicated above and that the cost of flood ~nsurance will be commensurate with the increased risk res~lting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this board transmit copies of this determination to the applicants and to the Town building inspector. Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. unanimously adopted. Messrs. Goehringer, Doyen, This resolution was RESERVED DECISION: Appeal No. 2963. Application of Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing the sideyard area. Location of Property: McDonald Road, Laurel, New York; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Subdivision Lots No. 12, 13 and 14; County Tax Map District 1000, Section 145, Block 4, Lot 15. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed and decision reserved pending deliberations. The board made the following findings and determination: Southold Town Board of Appeals -37- April 14, 1982 (Appeal No. 2963, Richard Zeidler, continued:) By this appeal, applicant seeks permission to construct a 44' by 58.9' addition to the existing one-family one-story dwelling for storage purposes and at one section for a proposed solar unit. Applicant's dwelling is constructed with a crawl space area and has limited storage area. The addition as requested would leave a minimum setback at the northeasterly corner to the property line of nine feet and at the southeasterly corner a minimum of six feet. It is the feeling of the board that a setback of no less than eight feet at the southeasterly corner and no less than eleven feet at the northeasterly corner of this addition to the easterly property line is more practical under the circumstances. The premises in question contains an area of approximately 28,355 square feet, with road frontage of roughly 153.84 feet and a depth of 185.74 feet. This parcel is a waterfront lot with frontage along Brushes Creek and Peconic Bay. At the northwesterly corner of the premises is a triangular-shaped view easement, the base extending approximately 50.71 feet. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2963, application of Richard Zeidler be and hereby is granted permission to construct addi- tion to dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the addition be constructed not closer than eight feet on the southeast corner [to the easterly property line]; (2) That the addition be constructed not closer than eleven feet on the northeast corner [to the easterly property line]. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Sub- division Lots No. 12, 13 and 14; County Tax Map Parcel No. 1000-145-4-15. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -38- April 14, 1982 RESERVED DECISION: Appeal No. 2965. Upon application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY (for Aaron Shikler and wife) for a Variance for approval of access, New York Town Law Art. 16, Sec. 280A. Location of Property: Private Right-of-Way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick and Woglom; east by Swick and Jayne; County Tax Map Parcel No. 1000-23-1-7. The public hearing concerning this matter was held earlier this even- ing, at which time the hearing was closed and decision reserved pending deliberations. The board made the following findings and determination: By this application, applicant seeks approval of access over an existing private road with a good base, roughly 15 feet width, located off the north side of Main Road in East Marion. The lot to which this access is referred has frontage along this access road of approximately 269 feet and is more particularly known as County Tax Map District 1000, Section 23, Block 1, Lot 7, with an acreage of roughly 1.1 acre. The right-of-way in ques- tion is the only viable route to the premises to the board's knowledge. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to grant approval of access over the subject right-of-way applied for in Appeal No. 2965, application of Warren A. Sambach for Aaron Shikler, SUBJECT TO THE FOLLOWING CONDITION: 1. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 2. That this access is deemed to include the approval of access to this parcel and the parcel most southerly of the Southold Town Board of Appeals -39- April 14, 1982 (Appeal No. 2965 - Aaron Shikler, continued:) parcel in question abutting this private road from the public town street to the parcel in question. Location of Property: Right-of-way off the north side of Main Road (S.R. 25), East Marion, NY; County Tax Map Parcel No. 1000-23-1-7. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 2961. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed and decision reserved pending deliberations. The board made the following findings and determination: By this application, applicants seek approval of access over an existing private road with a good base, having a clearance of approxi- mately 12 feet in width, located off the northerly side of Horton's Lane, Southold. The lot to which this access is referred has front- age along this access road of approximately 177.50 feet and is more particularly known as County Tax Map District 1000, Section 54, Block 4, Lot 33, with an acreage of 1.346. The right-of-way in ques- tion is the only viable, practical route to the premises. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to grant approval of access over the subject Southold Town Board of Appeals -40- April 14, 1982 (Appeal No. 2961 - Ewald Karbiner and Joseph Tomitz, continued:) right-of-way applied for in Appeal No. 2961, application of Ewald Karbiner and Joseph Tomitz, SUBJECT TO THE FOLLOWING CONDITION: 1. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant/owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals APPROVED Chairrrja~' Boa'~d of ADD'Is