Loading...
HomeMy WebLinkAboutZBA-12/22/1982Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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 DECEMBER 22, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Wednesday, December 22, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Executive Administrator (Building Department); Mrs. Ruth Oliva, North Fork Environmental Council. The Chairman called the meeting to order at 7:30 p.m. PUBLIC HEARING: Appeal No. 2996. Application of CHARLES M. and KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34, and 36. The Chairman opened the hearing at 7:32 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN GOEHRINGER: We have a copy of the Suffolk County Tax Map showing this property and the surrounding properties in the area, and we also have a survey amended October 5, 1982 indicating these two properties, Parcel No. 1 having 20,625 square feet and Parcel No. 2 the same, 20,625 square feet. Mr. Bruer. RUDOLPH H. BRUER, ESQ.: Gentlemen, originally the property looked like this survey dated June 10, 1982, which was what we originally submitted to the Planning Board. The Planning Board denied the application for three lots and granted an application for a set-off of two lots. The approval, I don't know if you have a copy of it...was dated November 9, 1982, subject to the approval SOuthold Town Board of Appeals -2- December 22, 1982 Regular Meeting (Appeal No. 2996 - Charles M. and Kathryn Blass Nelson, continued:) MR. BRUER continued: of this board, and further subject to compliance of Article 6 of the Suffolk County Department of Health Services. Since that day, we made an application to the Suffolk County Health Department regarding Article 6 and received what I consider approval of it and I'll submit this before the board. What it basically says: ...Dear Mr. Raynor: We are in receipt of applications concerning the sewage disposal and water supply systems for the above-referenced project. It appears that the project, as proposed to this Department, is in conformance with the Suffolk County Sanitary Code and can be served by the sewage disposal and water supply systems as noted below. XX Subsurface sewage disposal systems .... MR. BRUER continued: And as to water, it says "XX Individual water supply systems." And, "this letter is for information purposes only and should not be construed as an approval by this Department .... " Every lot has to go for its own approval on each situation. But I think we have complied with Article 6. As I said in the application, the lots originally were three, by I believe prior deeds and tax bills and whatever, and they merged into a single ownership by way of deeds in 1980. The two lots as approved by the Planning Board as half-acre lots are much larger I believe than the...as can be seen from the tax map...than the lots in the surrounding neighborhood, and I think it would be in the spirit of the ordinance and the whatever, to grant the application. MR. CHAIrmAN: The only question I have is, the original applica- tion where I read it, it says, "it is requested for the reason that Appellants desire to re-subdivide three contiguous lots which have merged under title, into three single and separate...can I change that to two? MR. BRUER: Yes, it meant to say the two, it was three and we would like two now. MR. CHAIRMAN: Can I change this to "two" and initial it? MR. BRUER: Which paragraph is that? MR. CHAIRMAN: Well, actually the front of the application, at the bottom. MR. BRUER: ...Into .t~o single and separate building lots. Yes. MR. CHAIRMAN: Thank you, Mr. Bruer. Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? (None) Any questions from any board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. Southold Town Board of Appeals -3- December 22, 1982 Regular Meeting (Appeal No. 2996 - Charles and Kathryn Blass Nelson, continued:) MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 2996, application for CHARLES & KATHRYN NELSON. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Douglass. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3011. Application of WILLIAM BURK- HARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. The Chairman opened the hearing at 7:40 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER): We have a copy of a survey prepared by Roderick VanTuyl, P.C. on June 28, 1982 indicating the two lots in question, Lot NO. 1 having 14,100 square feet and Lot No. 2 having 20,200 square feet. We also have a copy of the Suffolk County Tax Map indicating this property and the property in the area. Sir, would you like to be heard? MR. BURKHARDT: Yes. I'm Mr. Burkhardt. Mr. Skidmore couldn't be here tonight. There's nothinq to tell except that the properties were bought prior to the zoning-law and we're just trying to establish that they be used independently at this time right into two, which was originally the intent. There are two separate deeds that exist, and I don't think there's more to be said, really, than that. MR. CHAIRMAN: Can I ask you, Mr. Burkhardt? What is the nature of the garage on Lot No. 2? MR. BURKHARDT: Well it's just a beginning...well I just own that property, it's the beginning of what eventually will be a house and garage. MR. CHAIRMAN: That will serve as the garage for the house. MR. BURKHARDT: Correct. MR. CHAIRMAN: There are no sleeping quarters or anything in that garage at this particular time...it's just a storage structure? MR. BURKHARDT: Just for storage. MR. CHAIRMAN: Ok. Thank you very much. Is there anybody else that would like to be heard on this application? Anybody against the Southold Town Board of Appeals -4- December 22, 1982 Regular Meeting (Appeal No. 3011 - William Burkhardt, continued:) MR. CHAIRMAN continued: application or wishing to be heard? (None) Any questions from any board members? (None) Hearing no further comments, I'll make a mo- tion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hear~.ng and reserve decision until later in the matter of Appeal No. 3011, WILLIAM BURKHARDT. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Douglass. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3015. Application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building par- cel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126- 09-013.01. The Chairman opened the hearing at 7:45 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER): (The Chairman brought to Mr. Olsen's attention that the application form indicated a request for approval of access, 280-a, and Mr. Olsen said it was a typographical error and this is a variance for insufficient area and road frontage for two proposed parcels.) We have a copy of a survey of Otto VanTuyl dated May 14, 1959 indicating the house to be severed in question of approximately 8,800 square feet and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Olsen, would you like to be heard? GARY FLANNER OLSEN, ESQ.: Yes. You should also have in your file a survey by VanTuyl amended August 24, 1982. MR. CHAIP~LAN: That' s correct. MR. OLSEN: As I've indicated in the application, Mrs. Wasson owns a house that's fronted on Bray Avenue in Mattituck and another house that is contiguous to it through side yards and rear yards and fronts on Peconic Bay Boulevard. The total area that we're talking about with the combined parcels is 37,752 square feet. Mrs. Wasson has obtained title to both parcels through various deeds. I can give you all the libers and pages if you want them. She is presently under contract to sell Parcel No. 1, which is the Bray Avenue house, and I'll submit the contract for your records dated August 19, 1982, showing that she's under contract. Also, it is contingent on the granting of this variance by the Zoning Board. (Mr. Olsen submitted the six-page contract of sale dated August 19, 1982 for the record.) Also, the Planning Board by resolution dated November 8, 1982 has Southold Town Board of Appeals -5- December 22, 1982 Regular Meeting (Appeal No. 3015 - Marguerite R. Wasson, continued:) MR. OLSEN continued: approved a division of Parcel 1 from Parcel 2 as a set-off, and I believe you have a copy of that. MR. CHAIRMAN: I do. Yes. MR. OLSEN: The granting of the variance...again the parcels have merged due to the fact that there's common ownership of the various pieces that has occurred over the years and the granting of the variance to cut off Parcel 1 from Parcel 2 would be generally in keeping with the character of the neighborhood. Parcel No. 1 would have 8,799 square feet. I would point out that other homes on Bray Avenue...I'm going to refer now to Tax Map Numbers...1000-126-9-9, 27, 10, 11 and 12 are as follows: Tax Map Lot No. 9 is owned by an A.D. Stellman and that parcel is 50 by 100. Parcels No. 27 and 10 are contiguous pieces, formerly owned by a Florence Chicarello (spelling?), someone now by the name of Miller. Parcel No. 11 is owned by an Eleanor O'Brien, that piece is only 50 by 100, which would be smaller than the Parcel No. 1 that we would create. Tax Map Lot No. 12 is owned by a John Wright and that is also... that is contiguous to our Parcel No. 1, that's 50 by 100, which would be smaller than the piece that we would create. I would also point out that the Bray Avenue has its own well point, has its own cesspools, it's an independent parcel and was created prior to zoning; and Parcel No. 2 also has its own well and cesspools. So they're independent of each other, and the variance is only required due to the technical merger of the two pieces. MR. CHAIRMAN: Thank you, Mr. Olsen. Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? Questions from any board members? (None) Hearing no further comment, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearinq and reserve decision until later in the matter of Appeal No. 3015, application of MARGUERITE R. WASSON. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Douglass. This resolution was unanimously adopted. Southold Town Board of Appeals -6- December 22, 1982 Regular Meeting (Appeal No. 3031 - Thomas and Jacqueline Occhiogrosso:) PUBLIC HEARING: Appeal No. 3031. Application of THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rear yard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. The Chairman opened the hearing at 7:50 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER): We have a copy of a map amended on August 23, 1982 indicating Lot No. 28, which is the nature of this application and showing a proposed house approximately 45 feet from mean high water and 13 feet from Corey Creek Lane (east) and 144 feet from Corey Creek Lane (north). We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Who would like to be heard in behalf of this application? (Mr. and Mrs. Occhiogrosso were present but did not speak at this time.) Anyone? Anyone in favor of this application that would like to be heard? Anybody against the application? Sir? EDWARD BOYD: Edward Boyd, Southold, New York, on behalf of the neighboring property owners, Walter Traffe and Marion Bates. This matter has gone before the Zoning Board of Appeals of the Town of Southold following approval by the Department of Environmental Con- servation. It is our position that the Department of Environmental Conservation e~red, in granting the original building permit in this matter and that they granted the second permit to construct based solely upon their error in the first determination. My clients feel that the location of the house on the property in question does great violence to the spirit and the substance of the zoning ordinances in the Town of Sou~hold. They believe that the property is unsuitable for the construction of a house and that indeed the property is not large enough, does not have adequate water facilities to allow such construction. Drainage, sewage if you will, and fresh-water supply will not be appropriate. They are directly affected by this as they are the landowners, and the homeowners to the west of the property that is seeking this variance. They urge that this board deny approval of the variances that are sought. MR. CHAIRMAN: Thank you, sir. Is there anybody else that would like to speak against the application? Yes, Mrs. Oliva? RUTH OLIVA, NORTH FORK ENVIRONMENTAL COUNCIL: We're not really opposed to it, but I just wonder, do they have...the Occhiogrossos, do they have County Board of Health approval? MR. OCCHIOGROSS: We have all %hat. MRS. OLIVA: And how is the chloride situation in that neighborhood? As part of your salt content in your water. Because I just would like to warn everybody that is on that, that they are bordering on a creek Southold Town Board of Appeals -7- December 22, 1982 Regular Meeting (Appeal No. 3031 - Thomas and Jacqueline Occhiogrosso, continued:) MRS. OLIVA continued: and if they do not have salt-walter intrusion now, I imagine at some time in the near future, you will have. And I think they should be forewarned. MR. OCCHIOGROSSO: It's been approved by the Board of Health. MRS. OLIVA: They approve what you're getting now. But once you start pumping and you're neighbors are pumping, and you're right near a creek, it is proven.on an awful lot of creeks in this Town where this is just what's happened. Maybe five years down the line...not even 10 years on the line. But eventually you will. MR. CHAIRMAN: Thank you, Mrs. Oliva. Does anybody else like to be heard in behalf of the application, full circle around again? Against the application? Any comments from anyone? (None) Hearing no comments, I'll ask the board members? Hearing no further comments, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3031, application of THOMAS AND JACQUELINE OCCHIOGROSSO. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Douglass. Thi~ resolution was unanimously adopted. (There was a discussion after the hearing between the Occhiogrossos and Edward Boyd concerning objection and feelings.) PUBLIC HEARING: Appeal No. 3055. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot #3 having insufficient road frontage along Leslie Road. Location of Property in Question: Skunk Lane and Leslie's Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-4-11, 12 and 17. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER) : We have a copy of a survey prepared on November 12, 1981 indicating Lot #2 which has 34,204 square feet, Lot #1 which is the house lot, 56,107 square feet, and Lot #3 which is not shown on this survey of 5.95 acres. And I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would you like to be heard, Mrs. Bailey? Southold Town Board of Appeals -8- December 22, 1982 Regular Meeting (Appeal No. 3055 - Patricia A. Bailey, continued:) PATRICIA A. BAILEY: You've covered it pretty well. I would just like to ask if it would be possible to have the statements made by my neighbors at the last hearing (November 17, 1981, Appeal No. 2846) to be included in this meeting. I had some neighbors at the last meeting, and I thought it would be inconvenient to ask them to come again since it's so close to Christmas. That's one thing...and the other thing is, as I said, you've covered it pretty well. The lot that is insufficient area does have 34,000 square feet, and it is a hardship since I can't do anything with the lot at the present time. MR. CHAIRMAN: Ok. We noticed that there were two mobile homes on the property. Could you tell us about them? MRS. BAILEY: The mobile homes are not mobile homes; they are travel trailers. I think you have a letter from VanTuyl. It was his mistake, he should never have surveyed them. They moved, and they have been dead storage. MR. CHAIRMAN: Do they belong to you? MRS. BAILEY: No. They are relatives' And they just put them there for the winter months. I have a letter here. You have one, too. From VanTuyl, stating that they are his mistake and that they are not mobile homes. MR. CHAIRMAN: I don't think I ever got that one. Is that your original? MRS. BAILEY: There should be one. MR. CHAIRMAN: Here it is. I'm sorry. "...Enclosed are additional copies of the map...pursuant to your request we feel that the two plots as originally laid out would be of adequate size and nature to satis- factorily comply with water .... " Ok. MRS. BAILEY: He says the water supply and sewage systems are satisfactory. MR. CHAIRMAN: And that the mobile homes are of a temporary nature. Is the barn being used at all now? MRS. BAILEY: No. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of this application? Anybody like to be heard against the application? Any questions from any board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. Southold Town Board of Appeals -9- December 22, 1982 Regular Meeting (Appeal No. 3055 - Patricia A. Bailey, continued:) On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing, and reserve decision until later in the matter of Appeal No. 3055, application of Patricia A. Bailey. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Douglass~ This-resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3056. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insuffi- cient sideyards. Zone District: B-1. Location of Property: West Side of Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 1000-061-04-013. The Chairman opened the hearing at 8:05 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER): We have a copy of a sketch indicating the addition, to have a sideyard of approximately 11' to the closest point, and a four-foot extension to the rear and a four-foot extension to the south, and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would somebody like to be heard in behalf of this application? DAN SMITH: I'm Dan Smith, representing Mrs. Williams. The reason for the extension is that the porch is only 6' wide and 10' long, and they want to make it 10' wide and 14' long. Their six boys are married and all come out in the summer with their families, and they would like to use it as a dining porch. If there are any other questions anyone wants to know... MR. CHAIRMAN: Just a question about that outside stairwell going upstairs, Mr. Smith. Why is that there? MR. SMITH: Well, that used to be a two-family house and that was the entrance for the second floor. But the house is only used as one-family now. MR. CHAIRMAN: Thank you very much. Is there anyone else that would like to be heard in behalf of this application? Anyone against the application? Any questions from any board members? (None) Hear- ing 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. 3056~Esther M. Williams. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -10- December 22, 1982 Regular Meeting (Appeal No. FL-12, Donald Brennan:) PUBLIC HEARING: Appeal No. FL-12. Application for DONALD BRENNAN, by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sections 46-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. The Chairman opened the hearing at 8:09 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the new Federal Flood Plains map, survey dated November 10, 1982 showing this property and the house that exists with a proposed addition, and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Who would like to be heard in behalf of this application? JOHN SCAR~UCCI: I'm John Scaramucci. In the beginning of the application, you mentioned you said there had been a previous appeal. MR. CHAIRMAN: And that has been put in incorrectly? MR. SCARAMUCCI: I think so. I don't think there was any. SECRETARY: There was a previous subdivision of the property. MR. CHAIRMAN: There was a subdivision of the property, and that's the reason that read that way. Ok? MR. SCARAMUCCI: Oh, I see. The second thing I might like to add is, the equipment that we plan to install in the basement, we wouldn't put at the lowest level in the basement. We intend to hang it from the floor joist on a platform to keep it high as close to the require- ment as possible. And also for surfacing and drainage if necessary. MR. CHAIRFLAN: Do you have any idea how high you would hang it? MR. SCARAMUCCI: Yes, I think approximately three feet, 2½ to 3 feet above the basement floor now. MR. CHAIRMAN: Right now we're at an elevation of 8.7. So assum- ing we took three feet off of that -- I'm sorry. The first floor area is 8.7. How high is the basement wall? MR. SCARAMUCCI: Basement wall? 8.0 at it exists now. The basement floor is 1.7, so the actual equipment would be somewhere around 3.2 to 3.7. MR. CHAIRMAN: Ok. Thank you. Did you have something else? MR. SCARAMUCCI: Also, we would appreciate it, especially at this time of year, if you could render a decision on this matter as soon as possible, before the year is up...we have already entered into contract negotiations on this, and we have material prices quoted and they're only good until January 1st. And we feel it Southold Town Board of Appeals -11- December 22, 1982 Regular Meeting (Appeal No. FL-12, Donald Brennan, continued:) MR. SCARAMUCCI continued: would create undue hardship on the Brennans and myself and we have to go in to re-negotiate a contract on this portion. MR. CHAIRMAN: Thank you. Is there anybody else to be heard? MR. McCALL: I'm a next door neighbor. And I think we're similar to the present situation. We have a basement under our house, and we have in that basement our water heater and so forth on a low level. In fact we need the sump pump, at this time of year, we have the high tides that bring in water. But by raising these pieces of equipment above the floor level we have no problem. It works very well for us. And think it would work very well for my next door neighbor. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of the application? Yes. RUTH OLIVA: May I just ask a question, Mr. Chairman. Do these people have Flood Plain Insurance, and if you granted the variance, which would mean it's really contradictory to the requirement of the Flood Plain Insurance, and they do have a flood that reaches, say higher than the new equipment to be installed, who is liable? Are the Flood Plain Insurance people going to have to pay it, or will they be personally responsible? MR. CHAIRMAN: To answer your question, Ruth, and since we don't have the applicant here it's very difficult to answer that question. But if you remember, the reason for granting, or the Town Board adopting the Flood Plain Map was so that mortgages could be derived, local banks could make mortgages on these properties. Now, it's really a moot point at this particular time because we don't know if there is a mortgage on the property. If there's no mortgage on the property, the gentlemen may not opt to have the Flood Plain Insurance, which is mandatory if he does have a mortgage. MRS. OLIVA: I could see, with myself, I take it privately. But if you would, to me if they do have it and you do grant the variance then to me it relieves any obligation that the Federal people to reimburse these people if this equipment is destroyed by a very high tide. MR. CHAIRM3~N: The only issue we really haven't brought up at this particular time is the issue of floodproofing the basement walls. And that was my next question I was going to ask. Victor, you're shaking your head. VICTOR LESSARD (Exec. Adm., Building Dept.): There's no such thing in an A-Zone. MR. CHAIRMAN: Do you mean, it's not necessary? MR. LESSARD: It's not allowed. When you go into floodproofing, you have to not only allow for floodproofing but it must be designed so that the pressure of the water underneath it, and now you're making Southold Town Board of Appeals -12- December 22, 1982 Regular Meetin¢ (Appeal No. FL-12, Donald Brennan, continued:) MR. LESSARD continued: a bottle...it must be designed and ok'd by a civil engineer saying that that thing will not pop right out of the ground. And so, with that in mind, Southold Town does not recognize floodproof basements. MR. CHAIRMAN: Thank you, Mr. Lessard. Do you have any other questions, Mr. Scaramucci? MR. SCARAMUCCI: No. MR. CHAIRMAN: Ok. Does anybody wish to speak against the appli- cation? Hearing no further comments, I'll ask the board members? (No comments or questions.) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. FL-12, application of Donald Brennan. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. (There were comments made after the closing of the hearing by the neighbor to Mr. Brennan, Mr. McCall, and he indicated that the house was built in 1910 and a hardship would be improved if the variance were denied.) PUBLIC HEARING: Appeal No. 3057. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. The Chairman opened the hearing at 8:23 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the same survey (amended 11/10/82) which was mentioned in the previous application. We also have a copy of the Suffolk County Tax Map indicating this right-of-way, the parcel in question and the surrounding area. JOHN SCARAMUCCI: I have from Roderick VanTuyl a survey, I think I gave you a copy of it last week, it's a survey of the Martha C. Liebell property who is the previous owner with the deeded riGht-of-way shown from the west corner 15 feet, and it actually shows t~e trees that we're talking about. MR. CHAIRMAN: Yes, I have trees "penned-in." Southold Town Board of Appeals -13- December 22, 1982 Regular Meeting (Appeal No. 3057, Donald Brennan, 280-a, continued:) MR. SCARAMUCCI: No, that's not the one. I brought another one down and I have it to the secretary the other day. Yes, that's it. (Survey drawn July 26, 1973, Minor Subdivision for Martha C. Leibell). It shows, as you can see, the sycamore trees are right, just about on the property line, and there are...they range in size from two feet in diameter to three feet in diameter. There are several small Wild Cherries that are a little bit further east from the property line and there's one small Locust that's actually about five feet east of the property line. And there's an Orange Tree and an Apple Tree that are farther than four or five feet from the property line. What are proposal is, is to take out the Orange Tree, the Apple Tree, and the 12" Locust Tree all the way down at the southern part of the right- of-way and trim any overhanging branches from the Sycamore Trees and the existing other trees to conform to the height requirement for the iemergency vehicle, and open...at the present time, the Brennans are using a private driveway. We would open onto New Suffolk Avenue now and the Brennans would use the right-of-way right out onto New Suffolk Avenue. MR. CHAIRMAN: Does anybody else have a right-of-way over it? MR. SCARAMUCCI: I think I gave you a copy of the deed there... the deed specifically mentioned Brennans' right to it. It doesn't mention anyone else's right to it. MR. CHAIRMAN: So what width are we going to basically reduce this to? MR. SCARAMUCCI: About 12 feet. MR. CHAIRMAN: Ok. Thank you. Is there anybody else that would like to be heard in behalf? MR. McCALL: The only comment I have being a neighbor...years ago when the Taggarts owned that property, they went out of their way to build beautiful trees imported to be retained in there. And they are very lovely trees on that part of the property. These Sycamores are part of it. I've spoken to some of the neighbors on the west side of that property and they would be most unhappy to see those beautiful Sycamores torn down. If there is any way that the space or the cutting of the trees could be prevented, the neighbors in general would be very happy. They would like to see those trees stay there. Because they are very lovely trees, and there are a lot of lovely trees on the property, but these had to be ( ). We would appreciate it. MR. CHAIRMAN: Anybody else like to be heard? JOHN McNULTY: John McNulty, a representative of Mr. Henry, owner to the north, and he has no objection to the 280-a access, but he likewise is opposed to cutting the trees. He's the owner of the serviant estate. I believe that the driveway, there was a license permitted the owners to the south to go further to the east and use the existing driveway. The existing driveway has been there for years without any problems. The traveled highway on the expressway is 12 feet. It does not appear that there would be any difficulty in Southold Town Board of Appeals -14- December 22, 1982 Regular Meeting (Appeal No. 3057, Donald Brennan, continued:) MR. McNULTY continued: using the existing driveway the way it is. And we would be opposed to moving those trees. It has taken a long time for them to grow and it has improved the neighborhood and we have no objection to the 280-a application, but we do object to the trees being removed or cut. MR. CHAIRMAN: Just for your own personal edification, I think Mr. McNulty, they don't have a right-of-way over that traveled driveway. MR. McNULTY: I think they have a license. MR. CHAIRMAN: I don't believe they have a right-of-way over that. MR. SCARAMUCCI: We do have a right-of-way over it...I believe there's a letter, I'm not sure if it's in your file, but I believe there's a letter to Mr. and Mrs. Frank J. Seaman, the predecessors to the Brennans, granting them use of this, the entrance. Bear with me a second until I look through all these. MR. McCALL: The original letter was written by a Miss Leibell who owned the total property, all three acres, and granted to a Mr. Frank Seaman, and at that time she registered the letter...I believe it was registered with the deeds in Riverhead. In that letter she stated that it was for her convenience. They used the driveway as it was laid out. However, I mean, specifically, the approval was for a 15-foot right-of-way down the line. But rather than cutting down those trees and getting that close, she granted them the right and anybody that comes in thereafter, the right to use and enter in and out from the Brennan property or to that south property, to get to the north of you, the two houses on the north. MR. SCARAMUCCI: I have a copy of a letter that is on file with the County Clerk, Liber 3362 pagd 296 dated June 4, 1952, recorded June 6, 1952. It's from Martha Leibell to Mr. and Mrs. Frank Seaman. It's a cover letter on their contract of sale, and it says, "The right-of-way granted to you is at present overgrown by trees and shrubbery from the New Suffolk Avenue boundary line of my property up to the point where it meets the present driveway .... " It's just as it shows in that Polaroid picture you have in your file. "...It is for this reason that I amc onsenting to your use of the present driveway, so that you may have access to your property over my driveway and then over the right-of-way granted to you in the deed .... " I think I gave you a copy of this letter. MR. CHAIRMAN: We have a copy of the deed, but I'll check it. SECRETARY: No, I don't believe there is one in the file. MR. SCARAMUCCI: If not, I can give you a copy. MR. CHAIRMAN: This is a copy of the notice. This is a copy of the deed. No, I don't have it. You can give us that and some time we'll make a copy of it. Southold Town Board o~ Appeals -15- December ~z, 1982 Regular Meeting (Appeal No. 3057 - Donald Brennan, 280-a, continued:) MR. SCARAMUCCI: I have two copies. Here, I'll give you one. MR. CHAIRMAN: Thank you. Mr. McNulty, can I just ask you one question. Does the person that you represent object to the 280-a that they are requesting? MR. McNULTY: No. MR. CHAIRMAN: Just as long as the Sycamore Trees are not taken down? Is that correct? MR. McNULTY: To remain just the way they are. MR. CHAIRMAN: Thank you very much. MR. McNULTY: They've been using the driveway without any problem. MR. SCARAMUCCI: We want to make it clear to the board that although we have permission to use the driveway, we do want to open up our right-of-way straight out to New Suffolk Avenue, and then we would have two driveways there, so. MR. CHAIRMAN: Yes, right. Thank you. Is there anybody else that would like to be heard in behalf of the application? Against the application? Board members? (None) Hearing no further comment, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hear.~.n~ and reserve decision in the matter of Appeal No. 3057, application for DONALD BRENNAN. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3058. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048-01-035; Greenport Drive Park Map No. 548; part of Lot #35. The Chairman opened the hearing at 8:33 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a map prepared by Robert A. Kart on April 11, 1976 indicating the two-story frame dwelling and garage, and the proposed addition which is the nature of this application, which is approximately 11.8' by 22.0', and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties. Southold Town Board of Appeals -16- December 22, 1982 Regular Meeting (Appeal No. 3058 - Douglas E. Murphy, continued:) MR. CHAIRMAN: Is there anyone wishing to be heard in behalf of this application? Sir? DOUGLAS E. MURPHY: Yes, I'm Doug Murphy. The main reason I would like to have it is...I only have two children, but they are getting older and I don't want to move out of the neighborhood. I've been there for quite a while. And it's a prefab unit, and I've looked into it for about three years, and I've seen other units that this company has built and they are a good unit. Now, my problem right now is that I was supposed to go up to the factory Upstate, NY this week. I'm meeting with the owner at the factory, and the prices are going up January 1st and I would like to be able to purchase it naturally, number one. And number two, my business is slow at this time of year and I would like to see if I could get a foundation under in before the ground gets too hard, so if I could have a decision on it, I would appreciate it. MR. CHAIR~N: Can I ask you a couple of questions? We did look over the plans of all these units, and they all seem to be 11'8" There's no way that this unit can be scaled down in reference to width? MR. MURPHY: With the width of that, I'm still 32' from my neighbor. ~. CHAIRMAN: But you severely exceed the lot coverage in Southold Town. MR. MURPHY: Just about every house on my block exceeds the lot coverage. MR. CHAIrmAN: Would you be pushing the entire side of the house out to meet this...this is just one single room? MR. MURPHY: It's one room and I'm going to put a French door in the dining room to expand the dining room. My dining room is on the southwest side of the house, and my living room is on the southeast side of the house. I just want to open up six-foot width and the dining room wall and put in the French doors and the rest is going to remain the way it was. MR. CHAIRMAN: Very good, thank you. Is there anybody else that would like to be heard in behalf of this application? Anybody against the application? Questions from any board members? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision. 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. 3058, application of DOUGLAS E. MURPHY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -17- December 22, 1982 Regular Meeting (Appeal No. 3059 - Theodore and Mel Metalios:) PUBLIC HEARING: Appeal No. 3059. Application for THEODORE and MEL METALIOS, by Irving L. Price, Jr., Esq., 828 Front Street, Green- port, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-01-012.2. The Chairman opened the hearing at 8:40 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIR~AN: We have a copy of a sketch-survey showing the proposed tennis court which is to be 115' from Main State Road, 25' from the west boundary line and it appears to be 38 feet less the deck, at 16' from the east property line, and approximately 110' from the center point of the house plus the deck. I have a copy of the Suffolk County Tax Map indicating this property and the surround- ing properties in the area. Mr. Price, would you like to be heard? IRVING L. PRICE, JR., ESQ.: Yes, Mr. Chairman. First I would like to submit a copy of a D.E.C. letter stating that no D.E.C. permit is required because the premises under question are separated from the water by a substantial man-made obstacle, mainly, Route 25. And I'd also like to submit a sketch of the premises showing the existing house, the horticulture, floor and landscaping of the plan to be erected, where the deck is and the tennis court. A further drawing of the structure, with the deck. (Submitted for the record are: Exhibit I, Letter dated December 9, 1982 from the D.E.C. indicating no permit is required; Exhibit II, Master [site-landscaping] Plan dated September 29, 1982; Exhibit III, Proposed Deck plan dated November 1982. First of all I would like to state that there will be no cutting down of trees. There are some substantial Cedars on the premises now, and they have already been transplated right back onto the premises and cleared this area for the proposed tennis court. And the flowers and shrubs that will be planted surrounding the tennis court are ( ) to the type of flora and shrubs that are there in nature. The fence, the 10-foot fence is only on the north and south ends. There are none on the sides, the east and west. And there's no provision for lighting and there will be no night tennis. This is in a hollow as you drive on the proposed road, much of which is in there already, and drive up to the house and then look south toward the bay, you can see there is a hollow where the tennis court is, and it continues and then the road is higher than this; and we feel that to deny the right to build a tennis court on the premises at all would be to deny a person of a proper use of his property, and the only suitable location for the same is there because between the north part of this house and the adjoining lot there is not room for a tennis court...there's no room anywhere except in the front of this house. It would provide recreation which is one of the provisions in the preamble of the zoning ordinance for recreation. And this is further from the road than the normal backyard is anyway. It's just the shape and the size of the lot that we feel that it would be unobtrusive and an improvement to the property and to the detriment Southold Town Board of Appeals -18- December 22, 1982 Regular Meeting (Appeal No. 3059 - Theodore and Mel Metalios, continued:) MR. PRICE continued: of no one else, and would retain the spirit of the ordinance. And if you have any questions as to technical details, especially as to the planning, Mr. Gary Blum of Ireland's Landscaping Inc. is present, and he would answer any technical questions you might have. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of this application? Anybody against the appli- cation? (None) Mr. Price, in no way is this tennis court ever intended to be enclosed, is that correct? MR. PRICE: That's correct, yes. This is it, just as it is there. A 10-foot link fence on each end to keep the balls from going out. Nothing on the sides. MR. CHAIRMAN: And no lighting. MR. PRICE: And no lighting. Completely landscaped. MR. CHAIRMAN: Do any board members have any questions? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearinq and reserve decision in the matter of Appeal No. 3059, application for THEODORE AND MEL METALIOS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3060. Application of CYNTHIA KAMINSKY, 75 Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-34 for permission to construct addition (enclosed pool) with reduction in the rearyard (sideyard) setback at 75 Woodcliff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107-07-028. The Chairman opened the hearing at 8:50 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAI~: We have a copy of a survey prepared on June 21, 1962 indicating the existing one-story frame house with garage and penciled-in we have a proposed addition of approximately 42' by 33' and penned-in 24' by 24' garage which exists at this particular time. We also have a copy of the Suffolk County Tax Map indicating this parcel and the surrounding parcels in the area. CYNTHIA KAMINSKY: I would like to indicate that this pool and the room enclosing it could be erected without a variance as an accessory building. We just feel it would be more useful to us, and I think really more in keeping with the spirit of the ordinance if it were attached to the house rather than erected accessory. Southold Town Board o~ Appeals -19- December 22, 1982 Regular Meeting (Appeal No. 3060 - Cynthis Kaminsky, continued:) MR. CHAIRMAN: Is there any reason why it couldn't be turned... why the pool couldn't be run the same way that the house is being...is presently run rather than going so deeply into the rear. MRS. KAMINSKY: We would be covering a kitchen window, which we were trying to stay away from. It would completely darken that side of the kitchen. There would be no outside-- As of right now, which is coming right up to the window and stopping; if we turn it the other way it would cover that window. That's the only reason for putting it the other way. MR. CHAIRMAN: Ail right. Is there anybody else that would like to speak in behalf of the application? Against the application? Mr. Buckley. DON BUCKLEY: My name is Don Buckley is I live directly behind the Kaminsky's and I feel that more than one violation is here. I feel there's a violation of Article III, Section 100-31 which states the lot coverage can't be more than 20% which would also cover the accessory building if they did construct one. Kaminsky's lot is 135' by 125' which is a total area of 16,875 square feet. The existing building is 1,688 square feet. An existing garage is 576 square feet, 24' by 24' and the proposed building is 42' by 33', giving us a total of 3,650 square feet, which is a violation of 275 square feet of the 20% bulk lot coverage. I got most of these figures from the Building Inspector when I went over the plot plan with him. I also have another problem, with any additional buildings on Kaminsky's property, and that is because our lot and their lot is on a slant, and I get their water. So far we have had ho.problem with it. Recently they built a new garage. The garage was raised 2' above grade. In other words I believe an accessory building has to be 18' This building is 18'...I have no problem with that, but the grade along my property line was raised two feet. The water washes off his garage roof, and I have 1½ to 1' of dirt up against my fence, behind my fence, and I believe this addition would compound this problem of water drainage. I also have another problem. The Assessors' application to the garage when it was built showed a building to be 17 by 23' By my measurement and by Mrs. Kaminsky's application, it's shown to be 24' by 24' I would like to know what protection I would have that the proposed building will stay at 42' by 33' Now those measurements are 17' by 23' were on the Assessors' form filed in your office. Now these are my objections to the building. If they can build this building and there is no variation required, then I would have no objection...I couldn't have any recourse at all. MR. CHAIRMAN: You said, Mr. Buckley, that the excessive lot coverage is 275? MR. BUCKLEY: Yes, square feet. So really they've only made an application today for 100-34. I believe it should also be 100-31 (of the zoning code). MR. CHAIRMAN: I think there was an amendment to the Disapproval. Southold Town Board of Appeals -20- December 22, 1982 Regular Meeting (Appeal No. 3060 - Cynthia Kaminsky, continued:) MR. CHAIRMAN continued: We have an amendment to Mr. Hindermann's Disapproval. It says, "...On request of the neighbor, we recalculated the lot coverage and it exceeds the 20% ...3,375 square feet permitted...3,465 feet which is proposed addition 90 square feet over required variance, Article III, Section 100-31 Bulk Schedule .... " That's the reason why I asked you to give me the 275 because Mr. Hindermann says it exceeds it by 90. MR. BUCKLEY: I took these figures off the pieces of paper he had there that day. MR. CHAIRMAN: Ok. Well, we're at odds basically 185 square feet. MR. BUCKLEY: And it's the water there that bothers me, too. There will be a large roof there draining water. MR. CHAIRMAN: Mrs. Kaminsky. MRS. KAMINSKY: On the matter of the lot coverage, I had gone over that with Mr. Hindermann...have you taken into consideration the fact that we will be removing the deck that is in the back there now. MR. BUCKLEY: That wasn't on the measurement he gave me. MRS. KAMINSKY: It was originally. When I went over the measurements with Mr. Hindermann, he came under the required and assured us that we did not need a variance for that. I wasn't sure exactly what the measurements were or what the requirement was. But he was the one that told me that we didn't when we figured that out. MR. BUCKLEY: Well, when I spoke with him about it and we recalculated it, I used his figures and that's where I got these figures from. Of course, I didn't go and measure it. MRS. KAMINSKY: Well, one of the things that we did do was we moved the deck from the back, so we cut that back, and I think that brought us down under. He may not have calculated that into there. As far as some of the other problems, the reason that the garage when it was put in was raised would be to try and cut down on the water that was already running down through the driveway and going directly through your yard. MR. BUCKLEY: I didn't get it; now I get it. I don't know where it went before. What about all the dirt up against it. What am I going to get...that's what my problem is. MRS. KAMINSKY: We're trying to cut back on the water that's running down through there because we've had a river running through there right along. Southold Town Board c Appeals -21- Decembe~ .2, 1982 Regular Meeting (Appeal No. 3060 - Cynthia Kaminsky, continued:) MR. BUCKLEY: that washed off. my lot. Well, look at my fence now. Look at all the dirt There's a square area washing dirt right down on MRS. KAMINSKY: In the back of the garage? MR. BUCKLEY: I have no problem with the building...it's the water that's bothering me. Sure. MRS. BUCKLEY: There are no gutters up. MRS. KAMINSKY: We'll put gutters on it then with the dry well. MR. CHAIRMAN: Would either one of you have any objections to not closing this hearing and leaving it open until the board can go back and reinspect the property for the drainage problem that we mentioned, and we would then reconvene the meeting on January 13th, which I would assume, if the board goes along with me, will be the next Regular Meeting date, and it's not that far in advance to be perfectly truthful with you. Sir? MR. BUCKLEY: As long as they leave the dirt where it is in back of the garage so you can see what's happening. I don't want it cleaned up and then someone's coming to look at it. MRS. KAMINSKY: Mr. Buckley, why didn't you come to me and tell me about this problem. I don't know what kind of problems you're having in the back there. We've been trying very hard to cut down on the water drainage. The driveway as it's laying in there now-- MR. CHAIRMAN: MRS. KAMINSKY: MR. CHAIRMAN: Do you have objections to that? No, I have no objections to that. Any other comments at this part of the hearing from anyone? (None) Hearing no further comments, I'll make a motion not closing the hearing but recessing the hearing until the next Regular Meeting. MR. BUCKLEY: Would he verify the measurements, too, please? MR. CHAIRMAN: Yes, we're going to ask Mr. Hindermann after we send this back for a recalculation. MR. BUCKLEY: I think this whole thing can be settled if they just reduce the size of the building. I'd have no recourse to anything. Isn't that true? Sideyard or 20%. MR. CHAIRMAN: I don't know what the roof line looks like or anything of that nature, sir, and that's not within our domain, Mr. Buckley. MRS. KAMINSKY: We haven't gotten to the point of designing that yet. I!ve waited for this, and we're going to have an architect design it. I've got a meeting with them at 10 o'clock tomorrow morning. Southold Town Board o~ Appeals -22- December z2, 1982 Regular Meeting (Appeal No. 3060 - Cynthia Kaminsky, continued:) MRS. KAMINSKY continued: But we didn't see any sense in having the meeting and starting to design unless we had approval to go ahead here, and we knew basically what we wanted. And we certainly don't want any water runoff there any more than they do, and we would attempt to mitigate the problem, I suppose we could. MR. CHAIRMAN: Ok, on that motion, gentlemen? MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess Appeal No. 3060, application of CYNTHIA KAMIN- SKY, until the next Regular Meeting of this board, to wit, January 13, 1983. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. NEXT REGULAR MEETING: JANUARY 13, 1983 at 7:15 P.M. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the date for the next Regular Meeting of this Board is hereby scheduled for Thursday., January 13, 1983. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. Member Sawicki was absent during the adoption of this resolution momentarily. This resolution was unanimously adopted. APPROVAL OF MINUTES: Mr. Grigonis, it was On motion by Mr. Douglass, seconded by RESOLVED, that the following minutes of meetings held by the Board of Appeals be and hereby are APPROVED: December 10, 1982 Special Meeting December 1, 1982 Special Meeting November 18, 1982 Regular Meeting October 30, 1982 Special Meeting October 21, 1982 Regular Meeting May 26, 1982 Regular Meeting July 17, 1982 Special Meeting October 9, 1982 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. Member Sawicki was absent during the adoption of this resolution momentarily. This resolution was unanimously adopted. Southold Town Board os Appeals -23- December 22, 1982 Regular Meeting CLOSED SESSION: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to recess the Regular Meeting in order to deliberate in "closed session." (The Regular Meeting to reconvene at the end of deliberations.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. The board went into closed session for deliberations. RECONVENE REGULAR MEETING: On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to reconvene the Regular Meeting of this board. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. The Regular Meeting reconvened at approximately 10:22 p.m. SET-UPS FOR PUBLIC HEARINGS AT NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following applications be and hereby are SCHEDULED FOR PUBLIC HEARINGS to be held at the next Regular Meet- ing of thi~' ~ard, to wit, JANUARY 13, 1983 commencing at 7:15 p.m., and that the same shall be advertised in the local and official newspapers of the Town of Southold pursuant to law: Appeal No. 2903. Special Exception application of SAL CAIOLA for condominium units at premises located on the south side of C.R. 48, Southold. Appeal No. 3061. Variance application of ANITA M. SAMUELS for approval of access and permission to construct pool on vacant parcel. Haywaters Road, Cutchogue. Appeal No. 3062. Variance application of OTTO ZAPH for approval of alternative access over right-of-Hay located at Main Road, Orient. Appeal No. 3063. Variance application for EDWARD PRESSLER for permission to construct addition with reduction in front yard setback at 110 Grove Drive, Southold, NY. Southold Town Board of Appeals -24- (Set-Ups for Next Meeting, continued:) Vote of the Board: Douglass and Sawicki. December 22, 1982 Regular Meeting Ayes: Messrs. Goehringer, Doyen, Grigonis, This'resolution was unanimously adopted. ENVIRONMENTAL DECLARATIONS OF NEW APPLICATIONS SET FOR HEARINGS: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declara- tions pursuant to the rules and regulations of S.E.Q.R.A., as follows: APPEAL NO.: PROJECT NAME: 3061. ANITA M. SAMUELS. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other d ~ epar=ment or agency which may also have an application pending for the same or similar project. road; TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) Approval of access over a private (b) Approval of construction of pool on a vacant parcel. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Haywaters Road (Fishermen's Beach Road), CutchogUe; C~runey Tax Map Parcel No. 1000-111-1-41. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Pursuant to Article 25 of the Environmental Conservation Law, applicant has received approval from the N.Y.S. Department of Environ- mental Conservation, Permit #10-82-0740, for new construction of the proposed swimmingpoO1. (3) There is to be no disturbance to vegetation or topography within 50' or more of mean high water. Southold Town Board ~ Appeals -25- December 2, 1982 Regular Meeting (~yironmental Declarations, continued:) APPEAL NO.: 3062 PROJECT NAME: OTTO ZAPH. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regUlations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type ti [ ] Unlisted [ ] DESCRIPTION OF ACTION: Requests approval of alternate access over private right-of-way. LOCATION OF PROJECT: Town of Southold, County of Suffolk¢ more particularly known as: Right-of-Way located off the north side of Main Road, Orient, NY; 1000-13-2-4. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Application does not require approval for new construction. APPEAL NO.: PROJECT NAME: 3063 EDWARD PRESSLER AND WIFE. This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project2 TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To construct addition to residence with redUction in frontyard. LOCATION OF PROJECT: Town of Southotd, County of Suffolk, more particularly known as: 110 Grove Drive, Southold, NY; Reydon Shores Filed Map #631, Lots 4 and 5; 1000-080-04-024. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. Southold Town Board u~ Appeals -26- (Environmental Declarations, continued:) DecembeI 22, 1982 Regular Meeting (2) The premises in question is not located within 300 feet of tidal wetlands area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 2996. Upon application for CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36. The public hearing on this application was held earlier this even- ing, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellants seek permission to re-subdivide premises which have merged under title into two single and separate building lots, as amended by survey dated October 5, 1982, and letter dated November 10, 1982, each lot having an area of 20,625 square feet and sufficient road frontage of 187.50 feet along Wabasso Street. It is noted that the total premises have previously been conveyed into three parcels as shown by deeds at Liber 8895, Pages 154-156, recorded October 9, 1980 to the applicants, as Trustees. The board finds that neighboring parcels are of a similar size and character and a few smaller than that proposed by applicants. For the record, it is noted that the Southold Town Planning Board conditionally approved this subdivision as a "set-off" pursuant to Chapter 106-13 on November 8, 1982, subject to Zoning Board approval and compliance with Article 6 of the County Health Laws. Letter dated December 7, 1982 from the Suffolk County Department of Health Services has been submitted for the record indi- cating conformance with the Sanitary Code for the within project. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2996, application for CHARLES M. and KATHRYN BLASS NELSON for approval of insufficient area of two lots, be and hereby IS APPROVED AS APPLIED, SUBJECT TO APPROVAL BY THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. Southold Town Board of Appeals -27- December 22, 1982 Regular Meeting (Appeal No. 2996 - Charles and Kathryn Blass Nelson, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3011. Upon application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. The public hearing on this application was held earlier this even- ing, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, applicant seeks permission to reestablish two build- ing parcels at "Laughing Waters," to wit, Parcel 1 having an area of approximately 14,100 square feet and road frontage of 119 feet, Parcel 2 having an area of approximately 20,200 square feet and road frontage of 114 feet along Wabasso Street. Existing on Parcel 2 are a garage-type structure, and two small shed structures, and Parcel 1 is vacant. The board finds that the premises were acquired by the applicant during 1967 in deeds at Liber 6194 cp 519 (Parcel 2) and ~t Liber 3175 cp 213 (Parcel No. 1), prior to the change in area requirements. The board also finds that the parcels in the vicinity of this property are of similar size, shape and character to that proposed by appellant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3011, application of WILLIAM BURKHARDT for approval of insufficient area and width of two parcels at Laughing Waters, Southold, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the existing garage/structures shall not be considered a principal structure, and in the event it is used or occupied, these structures shall conform to all zoning requirements. For the record, it is noted that the project has received approval from the Southold Town Planning Board on November 8, 1982 designating Southold Town Board of Appeals -28- December 22, 1982 Regular Meeting (Appeal No. 3011 - William Burkhardt, continued:) this project as a "set-off" pursuant to Chapter 106-13 of the code. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3056. Upon application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel ID No. 1000-061-004-013. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an addition to the existing dwelling structure for additional dining area. The addition is proposed to be four feet from the existing porch area at the southwest corner near the second-floor stairway, leaving a setback from the southerly property line of approximately 11 feet. The premises is zoned B-l, and existing on the premises is a one-family, two-story structure and accessory shed in the rearyard. It is the opinion of the board that the narrowness of the lot lends itself to the difficulties in this case, and the relief requested is minimal. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3056, application of ESTHER M. WILLIAMS for permission to construct addition to the existing dwelling in this B-1 Zone, be and hereby IS APPROVED AS APPLIED FOR. Location of Property: West side of Mechanic Street, Southold, NY; County Tax Map Parcel No. 1000-061-004-013. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board o~ ~ppeals -29- December- 2, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3055. Upon application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot #2 having insufficient area and Lot ~3 having insufficient road frontage along Leslie's Road. Location of Property in Question: Skunk Lane and Les- lie's Road, Cutchogue, NY; County Tax Map Parcel ID Nos. 1000-97-4-11, 12 and 17. The public hearing on this application was held earlier this evening. The board made the following findings and determination: By this appeal, appellant seeks: (a) approval of insufficient area of proposed Parcel ~2 of 34,204 square feet, and (b) approval of insuf- ficient road frontage of Parcel # 3 of approximately 117 feet, which also has an area of 5.959 acres. Existing on Parcel #1 is a one-family frame dwelling house, garage and temporary portable mobile home. Existing on Parcel #2 is a substantially large barn structure and temporary portable mobile home at the northeast corner of the premises. Parcel #3 is vacant. In a previous application to this board, appellant sought similar relief with Lot #2 having an area of approximately 36,369 square feet; however a certified survey was not submitted and the board at that time was concerned as to the nearness of these proposed lot lines in relation to the existing buildings. On November 13, 1981, Appeal No. 2846 was denied for lack of adequate information. It is the opinion of the board that the relief requested is not substantial (approximately 15% variance) in relation to the 40,000 square foot requirements of the code. It is also the opinion of the board that in view of the location of the existing barn and garage structures, the location of the lot lines as existed prior to the change in zoning (1971) is reasonable and practical under the circumstances. In considerin~ this appeal, the board determines that the circum- stances are unique; that by allowing the variance no substantial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3055, application of PATRICIA A. BAILEY, for permission to reestablish lots as existed prior to the 1971 change in zoning, Lot #2 having an area of 34,204 square feet and Lot #3 having road frontage along Leslie Road of 117.24 Southold Town Board c Appeals -30- December 2~ 1982 Regular Meeting (Appeal No. 3055 - Patricia A. Bailey, continued:) feet, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: Since the barn is not being used on Lot #2, any use of the barn (storage or otherwise) is subject to prior approval of this board. Location of Property: Skunk Lane and Lesie Road, Cutchogue, NY; County Tax Map Parcels ID No. 1000-97-4-11, 12 and 17. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3015. Upon application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Par- cel No. 1000-126-09-013.01. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to set apart from other property she owns the house parcel located on Bray Avenue, which have become merged due to common ownership. It is stated in the record that each house was built prior to zoning and have been in common ownership by the appellant, with each house being entirely independent of each other with private wells and cesspools serving each house. Parcel No. 1 is to be set off with an area of 8,799 square feet and established road frontage of 74.38 feet. Parcel No. 2 will have 28,953 square feet and established road frontage of 96 feet. Parcel No. 1 is improved with a one-family frame house; Parcel No. 2 is improved with a one-family frame house and three accessory structures. It is the opinion of the board that Parcel No. 1 should contain more area from Parcel No. 2; however, under the circumstances, particularly the character of the premises, it would be most unfeasible. For the record, this project has received approval from the Southold Town Planning Board as a set off on Novem- ber 8, 1982. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. Southold Town Board of Appeals -31- December Zz, 1982 Regular Meeting (Appeal No. 3015 - Marguerite R. Wasson, continued:) On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3015, application of MARGUERITE R. WASSON for approval of insufficient area and width of two proposed parcels, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: No further subdivision shall be permitted of either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3058. Upon application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling which exceeds the 20% allowable lot coverage requirement, at 437 Seventh Street, Greenport, NY; County Tax Map Parcel No. 1000-048-01-035; Greenport Driving Park Map No. 548, part of Lot #35. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed after receiving testimony, pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 11'8" by 22' solar addition containing an area of 256.65 square feet. The lot in question has an average width of 64.5 feet and a depth of 50 feet, containing a total lot area of rouqhly 3,225 square feet. The premises is improved with a two-story frame house and accessory frame garage, covering approximately 30% of land area. With the new solar addition, the lot coverage total will be approximately 36.8%. In viewing the neighborhood of the premises in question, the board finds that many of the lots are double or more in size that this parcel and are not as congested. It is the opinion of the board that a smaller-size model would be more feasible under the circumstances not to exceed 11'8" by 16' In considering this appeal, the board determines that the cir- cumstances are unique; that by allowing the variance as indicated no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appel- lants other than a variance; that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3058, application of DOUGLAS E. MURPHY, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the solar addition shall not exceed the size 11'8" by 16 feet (due to the excessiveness of the lot coverage). Southold Town Board o~ Appeals -32- December ~2, 1982 Regular Meeting (Appeal No. 3058 - Douglas E. Murphy, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3057. Upon application for DONALD BRENNAN by John Scaramucci, 1965 West- phalia Road, Mattituck, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed after receiving testimony, pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks approval of access over a private right-of-way 15' in width and extending 676.91 feet from the south side of New Suffolk Avenue to the premises in question. After research and inspection, the board finds that the first 150' of the right-of-way has not been used for access. Access to the premises has previously been over a driveway now of H. Henry (formerly of M. Leibell) just east of the subject right-of-way and which extends into the Brennan right-of-way at the 150' mark. Survey amended December 9, 1982 for Martha C. Leibell shows 13 Sycamore Trees along the westerly edge of the right-of-way and other large trees as well. The two lots which have access over this right-of-way are part of the Minor Subdivision of Martha C. Leibell which was granted by the Zoning Board of Appeals in Appeal No. 1784 on June 7, 1973, and which was grandfathered by the Planning Board on September 23, 1980. Rights over the subject right-of-way are indicated in Deed recorded at Liber 3362 cp 297 dated June 4, 1952 from Martha C. Leibell to the predecessors in title, Frank J. and Madalyn B. Seaman. In considering this appeal, the board determines that the vari- ance request is not substantial; that the circumstances are unique; that by allowing the variance as indicated below no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and pro- mote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3057, application for DONALD BRENNAN for approval of access over a 15-foot right-of-way located at the south side of New Suffolk Avenue, Mattituck, NY, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (1) That this access road must have a: Southold Town Board of Appeals -33- December 2z, 1982 Regular Meeting (Appeal No. 3057 - Donald Brennan [280-a], continued:) (a) clear width of not less than 12 feet [clear of all trees, brush and other obstructions to a minimum width of 12 feet]; and (b) clear height of not less than 12 feet [clear of all branches or other obstructions to a minimum height of 12 feet]; (2) Such access road shall be improved in either of the follow- ing two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. (3) No certificate of occupancy shall be issued for the con- struction of any buildings or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. (4) Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the road inspector (and authorized to make such recommendation by the Board of Appeals); (5) That this board shall be given notice when the final improvements to this right-of-way are made in order that the right- of-way may be inspected and approved as to meeting all of the above requirements. (6) That this access road must be maintained at all times in good satisfactory condition as stipulated above for access for all emeregency vehicles. (7) That this access is deemed to include the approval of access to any other lot abutting this right-of-way. Location of Right-of-Way: Off the South Side of New Suffolk Avenue for a length of approximately 676.91 feet to the premises known as 10090 New Suffolk Avenue, Mattituck, NY and more particularly known as County Tax Map Parcel NO. 1000-116-006-002. vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board oh Appeals -34- December _z, 1982 Regular Meeting RESERVED DECISION: Appeal No. FL-12. Upon application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention Law, Sec- tions 46-12 and 46-17(C) [1] for permission to utilize basement for utilities below the minimum required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, New York; County Tax Map Parcel ID No. 1000-116-06-002. The public hearing on this application was held earlier this evening, which was declared closed after receiving testimony, pending deliberations. The board made the following findings and determination: The lot in question has approximately 33,800 square feet in area; and the plot plan submitted to the board dated November 10, 1982 indicates that the area of the lot where the dwelling is to be constructed has an eleva- tion of 1.7 feet above mean sea level from the top of the existing basement floor. The top of the existing foundation is at 8 feet above mean sea level. The Flood Insurance Rate Map (FIRM), Come, unity Panel 116 of 120, #3608130116B indicates that the premises is located in a Zone A-4 as amended during October 1982 with a minimum elevation of 8 feet. Town records show that the existing house with foundation floor 1.7 feet above mean sea level was constructed prior to the adoption of zoning in 1957. Applicant is appealing Section 47-17(C) [1] requesting permission to place new utility systems below the base flood elevation. Substantial improvements to this dwelling appear to be at the first floor elevation of this structure and not below the base flood elevation upon information and belief. 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 contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The board further finds that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the vari- ance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or addi- tional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that DONALD BRENNAN, be and hereby IS GRANTED a variance from the provisions of the Flood Plain Management Law of the Town of Southold to install utilities (water tank, water pump and electric hot water heater) SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That the inside of the existing foundation be coated with waterproof concrete with wire lathe (stucco cement, not tar); (2) That no openings shall be permitted in the walls of the base- ment below the eight-foot elevation mark above mean sea level; Southold Town Board o~ Appeals -35- December ~2, 1982 Regular Meeting (Appeal No. FL-12, Donald Brennan, continued:) (3) That no utilities may be installed closer than five feet to the cellar/basement floor; AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted is permitted to have installed utilities below the base flood elevation in the existing cellar-basement area, and that the cost of flood insurance will be commensurate with the increased risk resulting 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: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. CORRESPONDENCE RE: APPEAL NO. 3040. JOSEPH D. BURRUANO. DECISION RENDERED OCTOBER 21, 1982. On December 20, 1982 we received a request from Mr. Burruano to confirm the exact length, width and name of the access road that we refer to in Page 2, Paragraph 2, of the board's decision for improvement. The Chairman asked the secretary to reply indicating that "Lehr Lane" is also referred to as part of Private Road No. 9 and that a copy of the Town's "Index of Private and Public Roads" should be enclosed with the letter. The minimum length shall be over the first 208 feet to the subject parcel and then an addi- tional length of either: (a) the first 15 feet along the parcel in question if that is the point of access to the structure, or (b) along the parcel in question up to the driveway which may be a further distance than (a), above, in order to permit physical access to proposed structure. The minimum width to be improved is 15 feet. Southold Town Board of Appeals -36- December 22, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3059. Upon application for THEODORE AND MEL METALIOS, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30C and 100-32 for permission to construct tennis court and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023- 01-012.2. The public hearing on this application was held earlier this evening. The board made the following findings and determination: By this appeal, appellants seek permission to construct an accessory tennis court and deck area to be located in the center of the frontyard area, approximately 110 feet south of the existing dwelling and 115 feet from the Main Road (at its furthest point), 25 feet from the west bound- ary line and at approximately 16 feet from the east property line. Also proposed is a 10-foot fence to be erected only at the north and south ends of the proposed 60' by 120' tennis court. The lot in question con- tains an area of 1.2 acres and road frontage of 132.13 feet. The rear of the existing one-family dwelling is set back approximately 75 feet from the rear property line. In considering this appeal, the board determines that the vari- ance request is not substantial; that the circumstances are unique; that by allowing the variance as indicated below no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that the relief requested will be in harmony with and pro- mote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3059, application for THEODORE AND MEL METALIOS for permission to construct tennis court and deck area in the frontyard area approximately 115' from the Main (State) Road, Orient, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No lighting; 2. No enclosure of the court and/or deck area; 3. The proposed tennis court and deck area shall be constructed pursuant to the site plan specifications submitted to this board on December 22, 1982, including screening, and as approved by the Build- ing Department. Location of Property: 16315 Main Road, Orient, NY; County Tax Map Parcel No. 1000-023-01-012.2. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Southold Town Board o tppeals -37- December , 1982 Regular Meeting (Appeal No. 3059 - Theodore and Mel Metalios, continued:) Douglass and Sawicki. This resolution was unanimously adopted PENDING DECISION: Appeal No. 3013. EAST END SUPPLY CO., INC. The public hearing on this matter was held on November 18, 1982. The Board further discussed this matter and it was the consensus of the board not the make at a determination at this time. The board is to reinspect the property and buildings under question. PENDING DECISION: Appeal No. 3031. THOMAS AND JACQUELINE OCCHIOGROSSO. It was the consensus of the board to reinspect this parcel and the neighboring parcel as to their relation with the wetland with the new proposed setbacks. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned at approximately 10:40 p.m. Respectfully submitted, 'A??ROVED Linda F. Kowalski, Secretary Southold Town Board of Appeals RECEIVED AND FILED BY TtiE SOUTIiOLD T©VfN CLERK Town C1~ m '"erk, Town of S~thold