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HomeMy WebLinkAboutZBA-09/09/1982Southold Town Board o£Appeals MAIN RDAD- STATE Rr'IAD 25 -qDUTHC3LD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI M I N U T E S REGULAR MEETING SEPTEMBER 9, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, September 9, 1982 at 7:30 o'clock p.m. at the Southold Town Hall, Town Board Conference Room, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; Robert J. Douglass; and Joseph H. Sawicki. Absent was: Serge Doyen, Jr. of Fishers Island (illness). The Chairman convened the meeting at 7:30 p.m. and proceeded with the first public hearing, as follows: PUBLIC HEARING: Appeal No. 3023. Application of WILLIAM KEINATH, Box 129G, Route 1, Mattituck, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to alter lot line reducing the area of the easterly parcel and increasing the area of the westerly parcel (not altering the insufficient depth of both parcels as exist). Location of Property: South side of Sound View Avenue, Matti- tuck, NY; bounded north by Sound View Avenue; west by Krupski; south by Robinson; east by Kuegle; Suffolk County Tax Map Parcel No. 1000- 94-2-1.1 and 1.2. The Chairman opened the hearing at 7:31 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN (GOEHRINGER): We have a copy of what appears to be a survey indicating the alteration of the lot line, moving said lot line to the north approximately 25 feet on County Tax Map Parcel No. 1.1, and we have a copy of the County Tax Map indicating this property and the surrounding properties in the immediate vicinity. Is that anyone wishing to speak in behalf of the application? WILLIAM KEINATH: The only reason we are asking for the 25' is the house is because the front of the house is practically on the property line right now and due to economic circumstances we are forced to sell the other piece of property which is in our name too. And if we sold the property the front of house would be right on the Southold Town Board of Appeals -2- September 9, 1982 Regular Meeting (Appeal No. 3023 - William Keinath, continued:) MR. KEINATH continued: new people's property, and we wouldn't have any privacy or any land in there. We put some trees there and we wouldn't like to lose them either, so that's why we're asking permission for the 25-foot change. MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to be heard in behalf of this application? Anybody like to speak against the application? Any questions from any board mem- bers? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3023, WILLIAM KEINATH. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. PUBLIC HEARING: Appeal No. 3026. Application for JAMES MANOS, 2440 Brigham Street, Brooklyn, NY by Rudolph H. Bruer, Esq. for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: 400 feet east of Mill Road, Mattituck, NY; bounded north by Bungalow Lane; south and west by right-of-way; east by Boechman and others. County Tax Map Parcel No. 1000-113-6-14. The Chairman opened the hearing at 7:35 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a map produced by Roderick Van- Tuyl, dated July 1, 1981, amended August 10, 1982 indicating Miller's Right-of-Way, and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Is there anybody that would like to speak in behalf of the application? Anyone against? MR. JAHN: I made a statement at the last meeting (referring to a prior Appeal No. 2970, hearing held 6/17/82) on this proposal. This I assume differs; they are making a right-of-way off Miller's Right- of-Way. MR. CHAIRMAN: That's what it appears to be, Mr. Jahn, yes. MR. JAHN: Instead of on the south side, that private right-of-way that was in question. MR. CHAIRMAN: That's correct. MR. JAHN: I assume from this map now that all four lots will be served by this new right-of-way going through the middle of the property? Southold Town Board of Appeals -3- September 9, 1982 Regular Meeting (Appeal No. 3026 - JAMES MANOS, continued:) MR. CHAIRFuAN: No, I think only Lot No. 4 will be served by that one, but this is pure speculation on this part anyway until such time-- MR. JAHN: The map I have shows it coming right through into the fourth lot. (Mr. Jahn went up to the dais to show the map he had.) MR. JAHN: This is what's different. This is the right-of-way going into it which would serve all four. MR. LESSARD (Executive Administrator, Building Dept.): No, this is to get from Miller's right-of-way here. They would have this off Miller's Right-of-Way to the fourth lot only. These three lots I have to assume will be serviced by Miller's. MR. JAHN: Directly off. MR. LESSARD: That's what he is asking for tonight is the okay on Miller's. MR. JAHN: But as to this one-- MR. LESSARD: It is strictly to the fourth lot. MR. JAHN: Lot 4. MR. LESSARD: Yes, sir. MR. JAHN: I have no objections on it. MR. CHAIR~N: Thank you very much. Is there anybody else that would like to be heard? (None) I have a letter from Mr. Bruer which asks us to adjourn this hearing. What we will do, I'll ask the board's indulgence to recess the hearing if there are no further comments tonight-- Do you want to recess it until the next Regular Meeting which shall be September 30th? MEMBER GRIGONIS: I'll make that motion. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to recess App.e.al No. 3026, JAMES MANOS until the next Regular Meeting of this board, to wit, September 30th, 1982. vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. Southold Town Board of Appeals -4- September 9, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3028. Application of ANN O'SULLIVAN, 144 Colonial Springs Road, Wheatley Heights, NY 11798 for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: 5692 Main Bayview Road, Southold, NY; bounded north by Bres- lin; west by Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale. County Tax Map Parcel No. 1000-78-4-41.2. ~i The Chairman opened the hearing at 7:42 p.m. ~nd read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: (The Chairman read the letter from Mrs. O'Sullivan dated August 25, 1982, indicating why she would like this application granted.) We have a map produced by Roderick VanTuyl amended on December 15, 1980 indicating this property and the nature of the right-of-way, and we have a copy of the Suffolk County Tax Map indi- cating this property and the surrounding properties in the area. Is there anybody that would like to be heard on this application? Is there anybody that would like to speak against the application? Any questions from any board members? (None) Hearing no questions or 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 in the matter of Appeal No. 3028, ANN O'SULLIVAN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. PENDING APPEAL NO. 2987. NORTH FORK BANK & TRUST COMPANY. Correspondence dated September 1, 1982 from Abigail A. W±ckham, Esq. requested that Appeal No. 2987 be withdrawn inasmuch as a new Appeal (No. 3029) has been filed for a new location for the drive-in banking facility with canopy at the Mattituck Shopping Center, Mattituck, NY. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 2987, application of NORTH FORK BANK AND TRUST COMPANY, be and hereby is WITHDRAWN as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. Southold Town Board of Appeals -5- September 9, 1982 Regular Meeting PUBLIC HEARING: Appeal No. 3025. Application of CHARLES P. ZIEG- LER, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II, Section 100-23(C) and Article III, Sections 100-30 and 100-31 (Bulk Schedule) for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2; and for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Lots 12, 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolk County Tax Map Parcel No. 1000-114-1-5. 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: We have a copy of a survey amended August 31, 1982 indicating Lot No. 1, which has an approximate square footage of 89,000 square feet and Lot No. 2, which has an approximate square footage of 44,000 square feet. And we have 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, Gary Olsen, attorney for the applicant, Charles Ziegler. These are lots on a Filed Map, Map of Point Plesant. You can see that it's part of Lots 11, 12, 13 and 14. The total area owned by Mr. Ziegler is over 3.3 acres, a total of 133,000 square feet, approximately. Actually Mr. Ziegler did want to create a vacant parcel for construction eventually of a house on the southerly side of his present existing home, which is on Lot 13, and the Planning Board looked at it and recommended that the lot be created generally on the northerly side of the property. As you're aware, Home Pike, which is on the map is a private road, and according- ly an access variance under Section 280-A of the Town Law is required. What the applicant seeks to do is to divide his property, which as I have indicated, contains over three acres into two parcels. Parcel No. 1 has his present existing house, and Parcel No. 2, which is presently, I've sent contracts out for Parcel No. 2 to sell, contains a garage, and in order for a home eventually to be constructed on Parcel No. 2 an access variance is required because Home Pike is a private road. Generally, the road is in good condition I think...there are other houses on the road, and I feel it's adequate for emergency vehicles to gain access to the property. You have the amended survey of Mr. VanTuyl dated August 31, 1982 indicating that the sideyard from the house to the proposed line is 16 feet, which is adequate, and the sideyard between the proposed line and the garage on Lot No. 2 is twelve feet, and accordingly request that if a variance is required on that, that it be granted. It's not going to change the character of the neighborhood. Also, we don't have a building line of 150 feet...it is requested that a variance be granted on that basis. The building line is approximately 100' for Lot No. 2. The elevations are fine, and we do have a letter, which I'll submit to you rom the Southold Town Planning Board dated August 26th, 1982, Southold Town Board of Appeals -6- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MR. OLSEN continued: approving the division as a set-off subject to the Zoning Board's approval. I don't think that the granting of the variance is going to change the character of the neighborhood in any way, and cer- tainly there's more than enough property to divide it into two par- cels. MR. CHAIR{AN: Ok. We have a couple of questions: the immediate plans with the garage? (1) what are MR. OLSEN: That will depend upon who purchases Lot No. 2. Right now, according to the Building Inspector, it was the primary building ont he property...and accordingly, we need a sideyard variance. It's a minimumal variance...the sideyard right now is 12 feet, and I believe we need 15. I suppose that since it's considered a primary building, it could be turned into a residence but I would imagine that whomever purchased the property would eventually want to build a house on it, but I don't know. Basically what we're asking for is for the Zoning Board to approve the division as approved by the Planning Board. MR. CHAIRMAN: Have you resubmitted to the D.E.C. concerning an amended map? MR. OLSEN: That's in process. MR. CHAIRMAN: And what do you-- MR. OLSEN: I don't see any problem there because the D.E.C.has already approved a two-lot division, but I believe it was on the basis that the lot would be on basically the southerly side rather than the northerly side, which the Planning Board, due to the topography of the property on the southerly side felt that that would not be the proper way to do it...that the split should be with the northerly portion. MR. CHAIRMAN: Also, what do you plan to do with Mrs. Ziegler's old appeal? MR. OLSEN: That will be withdrawn. I did not submit that one, so, this one will supersede that. MR. CHAIRMAN: Ok. Would you ask her to send us a letter? The appeal No. was 2951. MR. OLSEN: Sure. MR. CHAIRMAN: When you discussed the insufficient sideyard, we were basically talking about that 100' which appears to be the case, some where within the area where this house would be built if proposed,would be constructed, is that what you're talking about? MR. OLSEN: Well, I think right now we have to go by what's there. The primary building on Lot No. 2 is the garage, and it has a sideyard of 12 feet...we need 15, so I'm asking for a three-foot variance. Southold Town Board of Appeals -7- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MR. CHAIRMAN: Do you have any idea what the approximate size of the garage is, Gary? MR. OLSEN: It's supposed to be scaled. These locations of the house and the garage were done by VanTuyl with field work, so they are supposedly accurate locations and accurate side yards. Obviously, whoever buys Lot No. 2 would want to build a house, and whether the garage is taken down or just left as a garage, I don't know. That would depend on the buyer. MR. CHAIRMAN: Ok, thank you. Does anybody else have any ques- tions? (None) Does anybody want to speak against the application? ABIGAIL WICKHAM, ESQ.: Yes, Gail Wickham. I represent Dr. and Mrs. Falzone, who own the adjoining property to the north of this piece, and it would be most immediately affected by the change that's being requested. There are three grounds on which they would like to express their opposition, and unfortunately they couldn't be here tonight and asked me to appear for them. The first is the amount of actual buildable area that would be involved in the Lot No. 2. The second is the width of that lot and the resulting setbacks that would apply. And the third is the character of the building that is on that lot. First of all, I've asked VanTuyl to compute the area on the map of the upland portion and the meadow portion of this lot, because as you probably found with your field inspection, a great deal of this lot is meadow land. It's below the bank and I'd like to submit that map for your consideration, maybe you gentlemen would like to look at this one. It shows that the upland is only 25,000 square feet...19,000 square feet approximately is marshland. The total upland area is only about 1.4 acre on both lots in spite of the fact that there was a reference to 3 point something acres of the entire parcel. The width on the roadway is 58 feet but the perpendi- cular width is only about 53 feet...back where the garage is, it varies between 83 and 90 feet as you go towards the water. As a result, any house that was constructed would have to be quite close, squeezed in between the two houses on this property and the Falzones property on the other side. Certainly the applicant or the owner of that property will have to come back at such time as the principal residence is built for a variance because of the width. I don't think the board is in a position to be able to consider that now because nothing firm has been presented to them. The third problem is the character of the building and that is our old familiar problem of an accessory building on a vacant lot, and I don't think that that particular variance is requested here either, and it's not before the board and probably should be because that would be the consequence of splitting off that lot. The biggest problem, of course, is that that lot is extremely small and would result in very, very crowded conditions. I've made a xerox of the tax map of this Point Pleasant area, as it's called; and I'd also like to submit that to the board. What I've shown in the red-solid color is the proposed Lot 1...immediately to the south Southold Town Board of Appeals -8- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MRS. WICKHAM continued: of it is the remainder of the Ziegler's property, and then I've shown Meskouris' property and the Falzon property on either side of that. Ail of those properties down there are not extremely large when you consider the amount of marshland to begin with, and I don't think that this tiny, tiny lot in there at all conforms to the character of the neighborhood; and if you're going to be either making the garage a residence or making a new residence, you're just going to be crowding things in a way that it's going to have a very bad effect on the neigh- borhood and the property values, and could very possibly set a bad precedent in the areas and the properties in the neighborhood. MR. CHAIRMAN: MRS. WICKHAM: MR. CHAIRMAN: Thank you. Did you just want to take the one (map)? Yes, we only need one copy. MRS. WICKHAM: If I could mention one other thing. I don't think that there's been any hardship shown in this application. MR. CHAIRMAN: Would you like to say something in rebuttal, Mr. Olsen? MR. OLSEN: The point remains whether it be land above the bank or land below a bank, we're not asking for an area variance. We've got the area. We've got plenty of buildable land. This is very valuable property, and the only thing that we're really asking for basically is the sideyard variance for the garage which is a three-foot variance. And an access variance under Section 280-A of the Town Law. We have a contract that is outstanding subject to getting the Zoning Board's approval of this application, and there would be a severe economic loss if the applicant were not able to divide the property. Regardless of whether it's up or low, we still have over three acres and we're entitled to divide it. I might also point out that the D.E.C. has already approved the two-lot division, be it on the other side, we're going to get it approved with this sort of division. And also the Planning Board has seen no problem with this. So, this line was proposed by the Planning Board. The garage right now is not an accessory building...it,s the primary building on the property accord- ing to Ed Hindermann (Building Inspector), and the application is based on the way he wanted to present it because at this point, until the house goes on, it's the primary building. And we're looking for a three-foot variance by the Zoning Board from 15 feet to 12 feet. The character of the neighborhood is not going to change. There's more than enough room with 100 width to build a house if eventually that's going to happen. MR. CHAIRMAN: Thank you. Is there anything else? Gail? MRS. WICKHAM: Yes, I would like to rebut that if I can. First of all, I think that the upland meadowland distinction is important Southold Town Board of Appeals -9- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MRS. WICKHAM continued: ...obviously if this were all meadowland, that would have an affect on the board's decision; and I think it does impinge upon the use of the lot very significantly. Number two, I don't think any financial hardship can be shown just because a contract for a lot cannot go through. Cer- tainly the property as a whole as an estate is of some value, and nothing has been shown as to what the diminishment in that value would be ( ) in this application. MR. CHAIRMAN: Any other questions from anyone? Yes? Member Douglass. MEMBER DOUGLASS: Do you know the approximate distance from the northerly line of this property to the neighbor's house (to Mrs. Wickham)? MRS. WICKHAM: I would estimate it about 50 feet. The garage that they have is about three feet. MEMBER DOUGLASS: It's just over the line in other words, where the garage is? MRS. WICKHAM: The garate, yes, that's been there for years and years and years. The house I would estimate about...well, I may be able to do better than that. I can furnish a copy of this map to the board because I don't believe I have an extra. The slace is 100 to the inch. Oh, it's about 100 feet (the house). The garage is four feet. I believe all of those buildings have been there for quite a number of years. MEMBER DOUGLASS: No, they're not new. MRS. WICKHAM: No. Particularly this garage. This is dated 1971. MEMBER DOUGLASS: Yes, but they go back before that. MRS. WICKHAM: I'm sure they do, yes. MEMBER DOUGLASS: Thank you. I would like to ask Mr. Olsen a question. On the garage, what is the square footage of the garage? MR. OLSEN: Again, it would have to be scaled. These buildings apparently are...I don't know without scaling it. They call it a barn actually. MRS. WICKHAM: Mrs. Falzon thinks they keep chickens in there. Well, this map is dated 1930 and this shows the Ziegler house and garage then. MR. LESSARD: Does that map have a scale on it? MRS. WICKHAM: This is the Ziegler house. This is not hte Falzon house. And the scale is 60 feet to an inch. MR. OLSEN: I'm sorry. What was the distance between the Falzon Southold Town Board of Appeals -10- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MR. OLSEN continued: house and their own property line? Did I hear 100 feet? MEMBER DOUGLASS: About 100 feet. MR. LESSARD. Yes, it looks like about 100. MR. OLSEN: You know, the fact that we're asking for a variance... you know, the distance of their house and the property line...I don't know why it's significant, but it's certainly more than the required 25 feet that they would have to have for their own property line and they've got more than enough distance in the granting of the division of the property. The fact that a house may go in next door to them to the south, hardly seems a reason not to grant the variance. And again what we're talking about is an access variance which has to be approved I think almost as a matter of law under Section 280-A of the Town Law to gain access to this parcel, and a three-foot sideyard variance for the existing structure of the garage or the barn, because it's now the primary residence (sic), and MEMBER DOUGLASS: You're calling it the primary-- MR. OLSEN: Primary building. It's the primary building. MEMBER DOUGLASS: I would like to know the square footage. MR. LESSARD: It looks to me like a 20' by 30' MR. OLSEN: It's preexisting. MEMBER DOUGLASS: MR. LESSARD: MR. CHAIRMAN: tomorrow, Gary? It's not that big. Well, I mean, to scale on this map. Could you furnish us with that information MR. CHAIRMAN: Because when we did get up there last week-- MR. OLSEN: If you feel it's important. MR. CHAIRMAN: Yes. It is very important. When we got up there last week, it was getting dark and I would like the board to go back briefly next week and reevaluate. I know there's some timeliness involved here, and reevaluate the right-of-way, because of the bleakness, the sunset hit us like that, and we were up there quite some time. MR. OLSEN: I did get a phone call from the adjoining landowner to the south, who is Meskouris I think, who indicated to me that the only question he wanted to know was what possibly might be done to the right-of-way. He was afraid that it would be changed...they like MR. OLSEN: What's that, the area of this building? Sure. Southold Town Board of Appeals -11- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MR. OLSEN continued: it the way it is, because they feel it keeps intruders out and so on, and they like it...they feel it's adequate for ingress and egress for emergency vehicles, but they would prefer that it stay basically the way it is. But I'll find out from VanTuyl...it probably could be scaled...right now it's not suita le for residential purposes anyway if that's what you're considering. MEMBER DOUGLASS: It's not suitable for almost anything...it has been damaged. MR. OLSEN: The only reason the question comes up with the building is because that's where the Planning Board wanted the line, and again the Planning Board has approved this. They drew where the line should go. And it has all been approved. MR. CHAIRMAN: Right. Gail? MRS. WICKHAM: I don't think the Zieglers can rely on the fact that the Falzon's have an mple sideyard setback to justify their request for a variance. These properties were set up for privacy, and in fact it probably cuts the other way because the fact that you're going to be squeezing a lot on this little house (sic) impinges greatly on the character of the neighborhood because the sideyards now are quite ample, and I don't think that the fact that they have a nice size setback there can be used to bolster this application. In fact it probably emphasizes the negative impact of it. MR. CHAIRMAN: Thank you. Gary, we appear to have one other problem with this application. And it concerns the disapproval (from the building inspector) as soon as I find it here. It says, "it is herein disapproved on the following grounds: Proposed subdivision places a garage on Lot No. 2 in violation as a principal building for agricultural useo..permitted in A District, buildings must be setback for principal building...insufficient sideyard." It is signed by Ed Hindermann. I believe the code refers to a building line as insufficient, approximately 50 feet in from the road, which means that at the 50-foot mark, we do not have 150 feet. And we didn't advertise for that, because basically, we go on the disapproval. This is something that we have discussed. So we do have a problem with that. I mean, we can go with what we have, but we do have that problem. MR. OLSEN: I did put it in the petition that we would need a variance for the frontage because we don't have the 150 feet at the building line. Mr. VanTuyl had drawn it in at 100 feet. We're appealing from the Bulk Schedule. I don't think that you have a problem. MR. CHAIRMAN: Well, it doesn't appear to be advertised and that's the basic problem. As I said, we do take into consideration the application, but we usually go from the determination from the building inspector...so that's one problem that we're toying with also. Southold Town Board of Appeals -12- September 9, 1982 Regular Meeting (Appeal No. 3025 - Charles Ziegler, continued:) MR. CHAIRMAN continued: Maybe we can give you some determination on that in the near future. MR. OLSEN: We do have a time problem with this. MR. CHAIRMAN: Yes. I know you do. So, you will furnish us with the square footage of the garage? The point in question also is the chicken coop which Gail mentioned in the back, which is affixed to the north side of the garage, so that doesn't appear to be shown on here. It may be a part of the actual first story part...in other words the upstairs may be less square footage than the downstairs or the first floor area. And you'll call us about that tomorrow? MR. OLSEN: About the area of the garage? MR. CHAIRMAN: Yes. And we'll discuss the other issue and see what the board feels in that. Ok? Any other comment? MRS. WICKHAM: May I request a copy of your decision? MR. CHAIRMAN: Sure. MRS. WICKHAM: Are you going to adjourn it or close it? MR. CHAIRMAN: We're probably going to close it. There would not be any decision until some time the end of next week or so, if there was a decision. There will be no decision tonight, based on the informa- tion we still need. Any questions from any board members? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3025, CHARLES ZIEGLER until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. At this point in time, 8:13 p.m., the Chairman asked Member Douglass to Chair the following public hearing "Pro Tem" of Appeal No. 3024, PASQUALE ROMANELLI. Mr. Goehringer left the meeting room. PUBLIC HEARING: Appeal No. 3024. Application of PASQUALE ROMAN- ELLI, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for Variances: (1) to New York Town Law, Section 280-A for approval of access, and (2) to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with an insufficient frontyard setback from Landing Road. Location of Property: Haywaters Road, Nassau Point, Cutchogue, NY; Subdivision Lot No. 1 as shown on Map Southold Town Board of Appeals -13- September 9, 1982 Regular Meeting (Appeal No. 3024 - Pasquale ROMANELLI, continued:) of Peconic Bay Properties No. 786; Suffolk County Tax Map District 1000- 111-1-42. Chairman Pro Tem (Douglass) opened the hearing at 8:14 p.m. and read the entire file. CHAIRMAN PRO TEM: We also have a copy of the County Tax Map show- ing the piece of property in discussion. We have in the file here a copy of the deed of the property which was recorded in the County Clerk's Office. Would you like to say something, Mr. Olsen? GARY OLSEN, ESQ.: This is on a subdivision map known as "Peconic Bay Properties." The first thing that we're asking for is an access variance under Section 280-A of the Town Law. It's really an academic question because I b~lieve Haywaters Road is a public road almost up to the point where it gets to this parcel, then it becomes a private road from our parcel running in a westerly direction. Haywaters Road is a road on the Nassau Point map and Landing Road as I understand it is a road on the Peconic Bay Properties Map. Landing Road is also a private road. There's probably no more than 25 feet to get from the public portion to our lot, so technically, since we're crossing over a private section of Haywaters Road, we do need the access variance. If it's not granted, there's no way that Lot No. 1 could be utilized and certainly there are many houses on Haywaters Road...and the road is more than adequate for egress and ingress for emergency vehicles. The other thing that we're asking for is a frontage variance. You'll see that the map as prepared by VanTuyl of March 28...there is a proposed house. Lot No. 1 is a corner parcel having frontage both on Haywaters Road on the north and on Landing Road on the east. We're recommending a setback from Haywaters Road of approximately 83 feet which more than meets the 50-foot setback requirement from that road. We have more than enough between the proposed house and Cutchogue Harbor, and we also have sufficient sideyard between the proposed house and Samuels' property to the west. So the only thing that we're asking for is a frontyard setback from Landing Road of 50 feet to 15 feet. Again, necessitated by the fact that this is a corner parcel; and if we have to be set back 50 feet from Haywaters Road and 50 feet from Landing Road, then the lot would be unbuildable because there just wouldn't be enough room for a house then. And I think it's obvious that there is not only a practical difficulty but also an unnecessary hardship, not for the board not to grant the variance application. The character of the neighborhood is not going to be changed, and as a matter of fact nobody could ever build on Landing Road, so the next house over to the east will be located at a distance between our parcel and Landing Road, so, from a practical standpoint, there'll be no change in the character of the neighborhood by the granting of the variance. And in that area, of course, the front of the house is considered pretty much to be where the water is, I guess, Cutchogue Harbor. CHAIRMAN PRO TEM: I was looking through here to see if you had Southold Town Board of Appeals -14- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) CHAIRMAN DOUGLASS PRO TEM-continued: any application--yes, here it is. I've got it right here. MR. OLSEN: I sent that to you. CHAIRMAN PRO TEM: I thought it was here. I thought I had passed it and I wanted to find it. MR. OLSEN: That's all been approved by the D.E.C. I do have a permit signed right here, #10-82-0305 issued May 19, 1982. CHAIRMAN PRO TEM: On the construction, when they build a house, where do they intend to take the driveway off of: Haywaters Road or Landing Road? MR. OLSEN: I don't know. I would imagine Haywaters since that's where everybody else seems to get their access. Although since we're a lot on the Peconic Bay Properties parcel, I guess the road in that parcel is the Landing Road-- CHAIR~N PRO TEM: Well has Landing Road been--is Landing Road an official road? MR. OLSEN: It's a road on the map, but it's a private road. CHAIRMAN PRO TEM: I mean is it even listed as a private road in the subdivision? MR. OLSEN: Oh, I believe it is. WILLIAM GARDNER: I'm not so sure. MR. LESSARD: Is that a road or a paper road? MR. OLSEN: Has it been installed, constructed? MR. LESSARD: Yes. MR. OLSEN: I believe it's kind of like a dirt road. CHAIRMAN PRO TEM: All right. I'll come back to you, Gary, in just a little while. Is there anybody else here that wants to speak for the application? Is there anybody that wants to speak against the application? WILLIAM S. GARDNER: Well, I don't know if I want to speak against it...I just have a few questions. CHAIRMAN PRO TEM: Well, a discussion then. MR. GARDNER: I noticed in the file that only Samuels was advised --of this. I think Nassau Point Property Owners'-- I'm W.S. Gardner. Southold Town Board of Appeals -15- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) MR. GARDNER continued: I live on Nassau Point. I'm a private individual. I'm still on the Board of Directors of the Nassau Point Association, but I'm not an officer. I think there should have been a notice sent to the Nassau Point Property Owners Association because Landing Road is a right-of- way owned by the Nassau Point Property Owners Association. We have the right...it's been paved frankly by the Town. But it's owned by the Association. And there has been much talk about it because of all the problems down there with parking and everything...that that road be ripped out and just have a walkway. But one of my points is why the Nassau Point Property Owners Association was not advised. There's not an officer here, and I would think if they had been advised there would be officers here. That's the number one question. Number two, I'm concerned if a builder wanted to put a driveway in from Landing Road, then I think that would be an impossible situation because now with the private right-of-way there, anybody could park on that road...go up the access in the driveway...making an impossible situation. So I just don't know what the plans are. It would seem to me that if it was going to be built upon...and so another question I had is, this request for a variance of 15 feet sideyard. Now I don't know how that worked on a private piece of property or a right-of-way on the side of that. Maybe they don't need 50 feet...maybe they only need 15. So I have more questions than Ihave answers or complaints. I am concerned about anybody wanting to put a house on that property and having a driveway on Landing Road. It just wouldn't work. CHAIRMAN PRO TEM: Do you know who the owner of the property is that adjoins that Landing Road on Nassau Point side? MR. GARDNER: On the other side? Well, it's a name of a fellow by the name of Slottery there. CHAIRMAN PRO TEM: Is he the first one right next-- MR. GARDNER: Well, there are a couple of houses down there that come down to Landing Road. CHAIRMAN PRO TEM: That touch Landing Road? MR. GARDNER: Yeah. But there are no known driveways. I think there's a Slottery there. I think that's the main, main resident. They're on the water and they have a good section there along what is known as Landing Road. The reason I'm so familiar with that...it's a real trouble spot. It's a vandalism...the kids gather there...they have fires, damage the cars and everything else. So we're concerned about it. And I wouldn't want an owner building on that thing and trying to get a driveway off Landing Road because it just wouldn't work. CHAIRMAN PRO TEM: Well, let me ask you another question. Has Landing Road been open to the general public in this area long enough so that it is an uncloseable road? MR. GARDNER: Well, it's been open for a long while. I think you Southold Town Board of Appeals -16- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) MR. GARDNER continued: would always have to have a right-of-way there, but you wouldn't have to have a road there. It only goes to the beach. CHAIRMAN PRO TEM: Can you give me an answer on that, Gary? MR. OLSEN: I believe Landing Road is a road shown on a map... MR. GARDNER: Oh it is. Ail our right-of-ways are shown on a map. MR. OLSEN: Right. And where you have an intervening road, that's where you stop as far as giving notice to adjoining landowners. CHAIRMAN PRO TEM: That's right. MR. OLSEN: The only one that we legally had to give notice to was Dr. Samuel, who as a matter of fact, called me on the application to find out what we were doing, and he's not here tonight. So, Dr. Samuels according to the VanTuyl survey which you have in the file has Lot No. 2...we're Lot No. 1. He has access off of Haywaters Road...As do all of the other parcels all the way down to the west, and I would assume that Mr. Romanelli would also have his driveway off of Haywaters Road. I don't think it's a significant point as to where the drive- way comes off of, to be honest with you. I think what we're here for is two things: one, the access variance which is academic and because of the proximity to where the public road comes in to this piece and then the frontage variance, which is required because we technically... because we are fronting on two roads, whether it's public or private, we need the relief from the zoning ordinance because the way the code was written, they don't make exceptions for corner parcels, and it forces this kind of an application. Otherwise we meet all of the requirements of the code. And that's why we need the access...we need the variance for the 15 feet from Landing Road. Ed Hindermann told me that technically we, under the code, we're supposed to be 50 feet from Landing and 50 from Haywaters. CHAIRMAN PRO TEM: That's right. MR. OLSEN: And there's no way that anybody can build a house, except if you build a house three inches wide. And that's what we're asking for. MR. GARDNER: I'm concerned about the ... what is Nassau Point Association property and what isn't. I always understood that we have the right to rip up Landing Road. That was put in by the Town. I don't know why they did it, but there have been a lot of requests by residents of Nassau Point to rip it up because they don't want any parking down there, because of all the vandalism. And I always felt we had the right to do it. We at times said, "Well, let's not do it because it makes for the older people to get down there with their cars." Southold Town Board of Appeals L17- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) MR. OLSEN: Well, I'm sure that Mr. Romanelli would be delighted not to have that road there. MR. GARDNER: That's what I'm saying. That's all I'm saying. MR. OLSEN: Because then if there is a problem, that is a problem that would be eliminated. But that's not the issue before the board... as to who has the right to rip up what road and whether it's a paper road or what. The fact is that the road is there, and we need the relief. MR. GARDNER: I think there's a question as to should the Nassau Point Association be notified? I think there is. I know Mr. Wickham here, I mean when I was President, had a case where there's a right-of- way down the side of property he was trying to get a division on. He very kindly advised the Nassau Point Association,..of course there's a question, should they be advised? CHAIRMAN PRO TEM: Well, that was a good gesture on his part, but probably not necessary. MR. GARDNER: Not necessary? CHAIRMAN PRO TEM: It was probably a good foresight. MR. GARDNER: Maybe so. But I would have thought that -- CHAIRMAN PRO TEM: Because the road does stop ...a road does stop, the requirement of sending a notice. MR. GARDNER: What is the definition of a road? CHAIRMAN PRO TEM: Right now, it's a road there. That's Why I asked whether it was a legal road or is it not? MR. GARDNER: I don't think it is a legal road. MR. OLSEN: If it wasn't considered a road, we wouldn't have to be here for the variance application. MR. GARDNER: That's right. I agree. I agree. Maybe you know more about it-- MR. OLSEN: As far as the Town is concerned, it's the Building Department's concern, it is a road...and therefore our notices are more than adequate. Fortunately, Mr. Gardner was able to speak on behalf of Nassau Point tonight. MR. GARDNER: Oh, no. I'm not speaking in behalf of Nassau Point. I'm speaking on behalf of being a resident of Nassau Point. There is a difference, you know. Right? CHAIRMAN PRO TEM: Quite a difference. Yes, sir. Southold Town Board of Appeals -18- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) CHAIRMAN PRO TEM: Ail right. We thank-- MR. GARDNER: (Interrupting) We haven't been notified and I think that has something to do with it. CHAIRMAN PRO TEM: I might suggest that maybe you go back and talk to your officers-- MR. GARDNER: No. That's up to them. And I think they are waiting for a notice. CHAIRMAN PRO TEM: Well that we'll just have to discuss afterwards. I would like to ask, are there any board members wishing to ask any questions? MEMBER GRIGONIS: It's a road because the night we were there on the inspections, some lady drove in there and-- MR. GARDNER: It looks like a road. It looks like a road. We've got 30 rights-of-way on Nassau Point that look like nothing...we don't even see them because they're the same as Landing Road. RUTH OLIVA: It's listed as a road on the map, but it's handed out by you, it's owned by Southold Town? It's listed as a road and not a private road, but they have a whole listing of private roads in the town (remainder of statement not clear because of interruptions). MR. GARDNER: I think you have look at the official maps. MR. LESSARD: You're saying if the Town of Southold maintains it? MR. GARDNER: They paved it. I don't know why, but they did. MR. LESSARD: Well, that's the same thing as maintaining it. MR. GARDNER: Well, not really. We've asked that they maintain the -- to put up a block at the end of the road and they haven't done it. No, they just were nice about it, they've paved some church areas and stuff, private areas. CHAIRMAN PRO TEM: Well, thank you, Mr. Gardner, for your help. Gary, on construction there. There is nothing in this application on the tidal waters...the elevation. MR. OLSEN: We have to meet the building...we have to do what the building department is going to require and the Health Department. But the purpose of this application is just for those two items. CHAIRMAN PRO TEM: In other words then, if you need something on that, why you'll be back again? MR. OLSEN: Right. Southold Town Board of Appeals -19- September 9, 1982 Regular Meeting (Appeal No. 3024 - PASQUALE ROMANELLI, continued:) MR. OLSEN: I don't think the building permit addressed itself to any issue other than what we're appealing from. CHAIRMAN PRO TEM: I would like to-- MR. OLSEN: The Notice of Disapproval from the Building Department. CHAIRMAN PRO TEM: Yes, I know. I read that. MR. OLSEN: The only thing it disapproved our application on were these two items. CHAIRMAN PRO TEM: In other words, you're conforming to the 12' elevation? MR. OLSEN: If that's wha%'s required. CHAIRMAN PRO TEM: In that area, I believe it's something like 12. MR. OLSEN: If they need a variance from it in the future, then they'll have to come back. CHAIRMAN PRO TEM: I don't have a flood map in front of me, but I believe it's around 12 above sea level. All right. I would like to make a suggestion that we recess until our next Regular Meeting, and do some further investigation on this road to see whether this road is a road or not. If it is not, then he doesn't need this. MEMBER SAWICKI: Second. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to RECESS Appeal No. 3024, PASQUALE ROMANELLI, until the next regular meeting of this board, to wit, September 30, 1982. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and Sawicki. (Chairman Goehringer and Member Doyen were absent.) After the hearing, there was discussion about Landing Road. Mr. Olsen feels it's still a road, whether it's a public road or private, whether it's maintained by Nassau Point or the Town...it's still a road. * , , Member Goehringer joined in again with the meeting. APPROVAL OF MINUTES: On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the Minutes of the August 26, 1982 Special Meeting of this board. Southold Town Board of Appeals -20- September 9, 1982 Regular Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. NEW APPEALS FOR SET-UP FOR THE NEXT REGULAR MEETING (PUBLIC HEARINGS): 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 Meeting of this board, to wit, September 30, 1982, and that the Notice of Publication be published in the local and official newspapers pursuant to law: Appeal No. 3030. WILLIAM L. AND MARGARET JONES. Addition with reduced rearyard. 4525 South Harbor Road, Southold. Appeal No. 3031. THOMAS OCCHIOGROSSO. New dwelling with reduced frontyard and rearyard setbacks. Corey Creek Lane (north), Southold. Appeal No. 3032. AUGUSTINE J. GILLEN. Storage building in sideyard area. 525 West Creek Avenue, Cutchogue. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. SIGN-SPECIAL EXCEPTION RENEWALS: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following special exception-sign applications be and hereby are RENEWED FOR A PERIOD OF ONE YEAR FROM THE DATE HEREOF, SUBJECT TO THOSE CONDITIONS ORIGINALLY LISTED IN THESE DECI~ SUBJECT TO FEDERAL HIGHWAY BEAUTIFICATION ACT AND FUNDING LAWS FOR HIGHWAYS, WHEN APPLICABLE: Appeal No. 1024 - Marian Council Knights of Columbus. Appeal No. 1090 - Valentine Ruch IV Appeal No. 2620 - Southold Town Democratic Committee Appeal No. 2619 - Southold Town Democratic Committee Appeal No. 1669 - Beachcomber Motel Appeal No. 2064 - Pond Enterprises Appeal No. 1664 - Beachcomber Motel Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. !Southold Town Board Appe a 1 s -21- Septembe 9, 1982 Regular Meeting Mrs. Ruth Oliva (North Fork Environmental Council) notified the board and Mr. Lessard that it was her understanding that construction had commenced on the Thomas Occhiogross property at Corey Creek Lane, Southold. Mr. Lessard said he would check into the matter. (The gcchiogrosso's have a new appeal application pending for a variance for reduced front and rear yard setbacks.) CONDITIONAL APPROVAL: APPEAL NO. 2917. CONSTANCE MESSINA CROSS right-of-way off Main Road, Cutchogue. Decision rendered November 24, 1981. Pursuant to a recent request for a final inspection of this right-of-way, the board has asked the road inspector, John W. Davis, to submit his comments and recommendations as to the road's condi- tion and compliance with this board decision of November 24, 1981. On August 27, 1982 Mr. Davis submitted his report and recommendationS. The board at this time would like to reinspect the road before giving their opinion. Also, the board noticed that Condition No. 1 does not appear to be in compliance inasmuch as no document in recordable form has been filed with this board for approval as to legal access for this parcel along this alternative right-of-way. Mr. Lessard, Executive Administrator (Building Department) discussed the Matt-a-Mar Marina property, its current uses and its history with the board members to bring the board up-to-date. The board members agree to meet again at a Special Meeting to be held tentatively next Thursday, September 16, 1982 in order to set-up additional applications which are filed in the interim, and other matters properly coming before the board at that time. ENVIRONMENTAL DECLARATIONS ON NEW FILES SCHEDULED FOR SEPTEMBER 30, 1982: On motion by Mr. Douglass, seconded by Mr. Grigonis, the following Environmental Declarations were determined, declaring these projects "not to have adverse significant effects on the environment:" Southold Town Board , Appeals -22- Septembe-- 9, 1982 Regular Meeting APPEAL NO.: 3030 PROJECT NAME: WILLIAM L. & MARGARET JONES 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Screen-porch addition with insufficient rearyard. ~ LOCATION OF PROJECT: Town of Southeld, County of Suffolk, more particularly known as: 4525 South Harbor Road, Southold, NY; County Tax Map Parcel No. 1000-87-1-6.4. 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. APPEAL NO.: 3031 PROJECT NAME: THOMAS OCCHIOGROSSO This notice islissued 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: New dwelling with insufficient front and rear yard setbacks at 1580 Corey Creek Lane, Southold, NY; CTM #1000- 78-4-19. ~-- LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: (see above) 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 o~ Appeals -23- September--9, 1982 Regular Meeting APPEAL NO.: 3023 PROJECT NAME: AUGUSTINE J. GILLEN 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, pleas--~-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 II [ ] Unlisted [ ] DESCRIPTION OF ACTION: To amend building permit No. 11674Z in or- der to locate accessory storage building in sideyard a~e~. LOCATION OF PROJECT: particularly known as: CTMP #1000-103-13-15. Town of Southold, County of Suffolk, more 525 West Creek Avenue, Cutchogue, NY; 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. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent ) This resolu- tion was unanimously adopted. ' At this time, the board, after motion by Mr. Goehringer, seconded by Mr. Douglass, and duly carried, went into "closed session for deliberations.,, After approximately 20 minutes, the Regular Meeting was reconvened, after motion by Mr. Goehringer seconded by Mr. Sawicki, and duly carried. ' Motion was made by Mr. Douglass, seconded by Mr. Grigonis, to' set Thursday, September 30, 1982 at 7:30 o'clock p.m. at the date and time for the next Regular Meeting of this board to be held at the Southold Town Hall, Main Road, Southold, New York. Southold Town Board of Appeals -24- September 9, 1982 Regular Meeting RESERVED DECISION: Appeal No. 2856. Upon application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 (Bulk Schedule) for permission to divide premises into two parcels, each having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due to the loca- tion of the proposed lot line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000-31-2-20 and 21. Zone District: C-1 General Industrial. The public hearing on this matter was held on July 29, 1982, at which time the hearing was declared closed pending deliberations. The board made the following findings and determination: By this appeal, applicant "desires to purchase ... parcel currently used as an automotive repair shop. The lot which applicant desires to purchase has insufficient area and width, and the existing building would violate the Town of Southold 'sideyard' requirements .... " The premises in question are located on the east side of Rocky Point Road at East Marion and are shown on the Suffolk County Tax Map as Dis- trict 1000 Section 031 Block 2 Lots 20 and 21. The premises for which variances are required is the southerly portion of a parcel having a total frontage along the east side of Rocky Point Road of 225 feet and a depth of approximately 175 feet. The applicant is presently leasing the southerly 100 feet of the parcel and is presently under contract to pur- chase the leased premises and to set-off the same from the remaining northerly part. The resulting premises of the applicant will have an insufficient setback, insufficient area and insufficient width. The applicant made a previous application to this board dated September 19, 1979, for a Special Exception to use the premises in question for an automotive repair shop. On October 11, 1979 this board granted the previous application upon certain conditions. Such conditions were that "no automobiles or automobile parts, dismantled or damaged vehi- cles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted." Another condition was "that when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required from the Board of Appeals for a Special Exception as re- quested in the within application and from other departments as is deemed necessary." A further condition was that "when a conveyance is anticipated of this parcel to separate same from the northerly adjoin- ing parcel, approval is required from the Southold Town Planning Board." This premises are located in the "C-1 General Industrial Zone" which requires a miniumum area of 200,000 square feet. It would appear that the premises have been zoned "C-1 Industrial" use for many years; that the building on the premises has been used to Southold Town Board of Appeals -25- Sepnember 9, 1982 Regular Meeting (Appeal No. 2856 - Reich Brothers, continued:) conduct a laundry business; a mop business; and most recently as an automobile repair facility. This board believes that because of the structure on the premises and the long history of the uses of the premises, that to deny the application would result in an unnecessary hardship to the owner of the premises. This board further believes that to protect the surround- ing properties, reasonable conditions must be imposed with respect to the use of the premises as an automobile repair facility. The board has visited the site and observed the condition thereof and the manner in which the applicant's business is being conducted thereon. From such observations, it is apparent to this board that the applicant has not complied with the conditions imposed by this board in the grant of a Special Exception under its Appeal No. 2611 since automobiles and dis- mantled vehicles are, in fact, being stored in the open on the premises. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, this board hereby grants the variances applied for, subject, however, to the following conditions, to wit: 1. The following fences shall be constructed and all maintained upon the premises at all times in a good state of repair, to wit: (a) A stockade-type fence four-foot in height shall be erected and maintained along the northerly boundary line of the premises commenc- ing at the easterly line of Rocky Point Road and extending easterly to a point at the northerly corner of the present building. A six-foot high stockade fence shall continue along the northerly boundary line from the four-foot stockade fence easterly to the easterly line of the premises. (b) A six-foot cyclone fence shall be maintained along the entire easterly boundary line of the premises. (c) A six-foot cyclone fence with a gate shall extend from the southeasterly corner of the building southerly to the southerly boundary line of the premises. 2. No vehicles shall be stored at any time in the front of the building, or outside of the fenced-in areas. 3. The fenced-in area to the south and east of the building is the only area permitted to be utilized for storage of vehicles. 4. The grant of this variance shall not become effective until all vehicles, licensed or unlicensed and all parts of vehicles, have been located as hereinbefore provided, and such location certified by the Building Inspector and further that the area of the premises has been cleaned up to the satisfaction of the Building Inspector. 5. In compliance with the previous decision (Appeal No. 2611) granted October 11, 1979, Special Exception application and approval must be made for the current use of the premises in question. Southold Town Board of Appeals -26- September 9, 1982 Regular Meeting (Appeal No. 2856 - Reich Brothers, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was Mr. Doyen (Fishers Island). This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3023. Upon application of WILLIAM KEINATH, Box 129G, Route 1, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to alter lot line reducing the area of the easterly par- cel and increasing the area of the westerly parcel, (not altering the insufficient septh of both parcels as exist). Location Of Property: South side of Sound View Avenue, Mattituck, NY; bounded north by Sound View Avenue; west by Krupski; south by Robinson; east by Kuegle; Suffolk County Tax Map Parcel No. 1000-94-2-1.2 and 1.1. The public hearing was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board finds and determines as follows: By this appeal, appellant seeks permission to alter the lot line between two parcels by moving the center line to the east by 25 feet in order to "create a greenbelt or privacy buffer zone." The most westerly parcel has an area presently of approximately 22,050 square feet and has erected thereupon a one-family, one-story frame house, and existing pond. The easterly parcel presently has an area of approxi- mately 19,018 squ~re feet and has erected thereupon a one-family, one- story frame house and accessory storage structure in the rearyard area. With the change of the center division line of 25 feet, the westerly parcel will have an area of approximately 24,650 and road frontage of approximately 237 feet; and the easterly parcel will have an area of approximately 16,444 square feet and road frontage of approximately 159.65 feet. It is the opinion of this board that the westerly parcel has minimal practical building area due to its topography. Also, the house existing on the westerly parcel was constructed a minimal distance from its easterly side property line, and the granting of this variance would under the circumstances be most feasible and practical. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing Southold Town Board of Appeals -27- September 9, 1982 Regular Meeting (Appeal No. 3023 - William Keinath, continued:) the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3023, application of WILLIAM KEINATH, requesting permission to alter lot line by 25 feet dividing the two parcels in question, be and hereby IS APPROVED AS APPLIED FOR. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. RESERVED DECISION: Appeal No. 3028. Application of ANN O'SULLIVAN, 144 Colonial Springs Road, Wheatley Heights, NY 11798, for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: 5692 Main Bayview Road, Southold, NY; bounded north by Breslin; west by Burkhardt and Ebler; south by Corey Creek Lane; east by Orientale. County Tax Map Parcel No. 1000-78-4-41.2. 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 approval of access over a private right-of-way 15 feet in width and extending south of Main Bayview Road a length of 362.65 feet, along the westerly side of premises presently of Breslin. The premises in question contains an area of one acre and is zoned "A" Residential and Agricultural. It is the opinion of this board that the right-of-way is in need of improve- ment, and of course this right-of-way appears to be the only legal access into the premises. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3028, application of ANN O'SULLIVAN Southold Town Board o Appeals -28- Septembe~ 3, 1982 Regular Meeting (Appeal No. 3028 - Ann O'Sullivan, continued:) for approval of access pursuant to New York Town Law, Section 280A, be and hereby IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This access road must maintain a minimum width of 15 feet and shall be cleared of all trees, brush and other obstructions at all times to a minimum width of 15 feet; 2. This access road shall be improved in the following method: Surfaced with a minimum depth of two 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 stone blend to a depth of two inches. 3. No certificate of occupancy shall be issued for the construc- tion of any buildings or structures, or for 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 in the future, the applicant and/or owner shall be required to constructed such drainage facilities as may be recommended by the Board of Appeals or town- authorized engineer or inspector. 5. This access road must be approved by the Board of Appeals or town-authorized engineer-inspector, as to meeting the above requirements. 6. This access road must be maintained at all times in good satisfactory condition as stipulated above for access by all vehicles. Location of Property: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-78-4-41.2. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolu- tion was unanimously adopted. Southold Town Board of Appeals -29- September 9, 1982 Regular Meeting Being there was no further business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:00 p.m. Respectfully submitted, Llnoa F. Kowa±sKi, secretary Southold Town Board of Appeals APPROVED RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.RK