Loading...
HomeMy WebLinkAboutZBA-08/17/1982Southold 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 M I N U T E S REGULAR MEETING AUGUST 17, 1982 A Regular Meeting of the Southold Town Board of Appeals was held on Tuesday, August 17, 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.; Robert J. Douglass and Joseph H. Sawicki. Absent was: Serge Doyen, Jr. (Fishers Island). Also present were: Victor Lessard, Executive Adminis- trator (Building Department); Shirley Bachrach, League of Women Voters; Henry Lytle, Southold-Peconic Seniors Club; and Jeff Miller, reporter from the Suffolk Times, Inc. The Chairman called the meeting to order at 7:30 p.m. and proceeded with the first public hearing. RECESSED HEARING: Appeal No. 2987. Application of NORTH FORK BANK AND TRUST COMPANY, by Abigail A. Wickham, Esq., Box 1424, Mattituck, NY, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct drive-in banking facility with canopy extending into the frontyard area. Location: Mattituck Shopping Center, Main Road, Mattituck; County Tax Map Parcel No. 1000-142-1-26. The Chairman reconvened the hearing at 7:30 p.m. and read the legal notice of hearing. (This matter was recessed from July 29, 1982.) ABIGAIL A. WICKHAM, ESQ.: I advised Linda (Z.B.A. secretary) this afternoon that we got a new map revised after meeting with the Planning Board to show a facility in the Grants, in the upper area at the south- west corner of the Grants' Building, which the Planning Board had looked at-an informal sketch of and felt they liked it...they asked us to have it drawn up formally and that was submitted to the Planning Board today as well. I don't know whether they'll be able to get to it tomorrow or not on their agenda. If not, we will be on the August 30th agenda. So since we are moving the location though, I understand we will have to apply for a new variance for that location. CHAIRMAN GOEHRINGER: DO you have idea how that is going to deviate from the original application? Southold Town Board of Appeals -2- August 17, 1982 Regular Mtg. (Appeal No. 2987 - North Fork Bank, continued:) MISS WICKHAM: From the application that was made on that site before? MR. CHAIRMAN: Yes, that was granted. MISS WICKHAM: Yeah. It will be back...that facility was within the existing Grants' Building. This is outside under the overhang, so it will be about one car length west of the application you considered before. MEMBER DOUGLASS: Is the overhang coming off? MISS WICKHAM: Yeah. The existing overhang over this sidewalk area will...the building will be under that overhang. The canopy for the drive-in facility will come towards the road. MEMBER DOUGLASS: This overhang is going to be over the top of the building? MISS WICKHAM: Yeah. It will be built within that face. VICTOR LESSARD: This is a concrete slab with a canopy. MEMBER DOUGLASS: Yeah, but they show an independent roof. MISS WICKHAM: That's incorrect. I'm going to have him revise that. I just saw it this morning. It will be a separate...the roof will be built in. MR. LESSARD: You're going to hook right up to the canopy? MISS WICKHAM: Well, that's up to the engineer as to how the construc- tion is made. I'm sure, for security purposes, they'll have to do something more substantial. But the building itself will not extend out beyond the overhang, and it will be designed so it fits right into the existing build- ing. MR. CHAIRMAN: Can you tell us, Gail, what you intend to do about this hearing now as it stands? MISS WICKHAM: I don't want to withdraw the application until we actually get approval from the (Planning) Board. MR. CHAIRMAN: You don't want to withdraw this application? MISS WICKHAM: No. I think that we want to amend it. But I under- stand you need new papers. MR. CHAIRMAN: Ok. We don't want to recess it, however, because we normally only grant one recess and I think this is either the third or the fourth time. _ MISS WICKHAM: And then you have to readvertise it. Yes, I know. Southold Town Board of Appeals -3- August 17, 1982 Regular Mtg. (Appeal No. 2987 - North Fork Bank, continued:) SECRETARY: You should probably close it (since a new proposal is planned) because of the way it has been advertised. MR. CHAIRMAN: I'd really like to close it. MISS WICKHAM: Well, then, let's close it. That's fine with me, and when I submit the new one, I suppose the other one the time that that's heard can be withdrawn. MR. CHAIRMAN: Ok. MISS WICKHAM: No, I don't care to recess it again anyway now that we've finally started -- MR. CHAIRMAN: Is there anybody else that would like to speak in behalf of the application? MISS WICKHAM: Would you like me to leave that map with you? MR. CHAIRMAN: Yes. MISS WICKHAM: And then I can submit two copies to you (when filing new application). MR. CHAIRMAN: Is there anybody wishing to speak against the applica- tion? (None) Hearing no further comment, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER SAWICKI. Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearin~ and reserve decision in the matter of Appeal No. 2987, application for NORTH FORK BANK & TRUST COMPANY, until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen (Fishers Island) was absent. PUBLIC HEARING: Appeal No. 3018. Application of ANN O'SULLIVAN, 144 Colonial Springs Road, Wheatley Heights, NY 11798 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in an area other than the required rearyard at 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. The Chairman opened the hearing at 7:35 p.m. and read the legal . notice of hearing in its entirety and appeal application. Southold Town Board of Appeals -4- August 17, 1982 Regular Mtg. (Appeal No. 3018 - Ann O'Sullivan, continued:) MR. CHAIRMAN: We have a copy of the sketch indicating the approxi- mate placement of a 12' by 20' storage building from the closest line of approximately 20 feet, and we have 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 be heard on this application? Is there anybody in favor of the application? Anybody like to speak against the application? Any questions from any board members? (None). Hearing no comments or questions, I'll make a motion closing the hearing and reserv- ing decision until a later date. MEMBER DOUGLASS: Seconded. 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. 3018, application of ANN O'SULLIVAN. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. SIGN RENEWALS: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following sign appeals be and hereby ARE RENEWED FOR A PERIOD OF ONE YEAR FROM THE DATE HEREOF, SUBJECT TO THE FEDERAL HIGHWAY BEAUTIFICATION ACT AND FUNDINGS LAWS FOR HIGHWAYS WHEN APPLICABLE: Nor th Fork Community Theatre, Inc. - Appeal No. 914 Cherry's Service Station - Appeal No. 1060 Mr. Fred Schaeffler - Appeal No. 937 Volinski Olds - Appeal No. 1476 Volinski Olds - Appeal No. 1477 Cutchogue Post Office - Appeal No. 1152 Southold Savings Bank - Appeal No. 968 Lyn Edwards - Appeal No. 957 Bill Ballan Ford Inc. - Appeal No. 1387 James J. Kreh - Appeal No. 887 Advent Lutheran Church - Appeal No. 2374 Cedar Beach Park Association - Appeal No. 936 Harold R. Reeve & Sons, Inc. - Appeal No. 999 Indian Neck Park Association Inc. - Appeal No. 958 Merlon Wiggin - Appeal No. 2443 Eastern Long Island Kampgrounds- Appeal No. 2375 Mattituck Lanes - Appeal No. 1002 Puerto Verde Restaurant - Appeal No. 2550 Craig A. Richter - Appeal No. 1150 Southold Town Board of Appeals -5- August 17, 1982 Regular Mtg. (Sign Renewals, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. APPROVAL OF MINUTES: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the Minutes of the July 8, 1982 Regular Meeting and June 17, 1982 Regular Meeting be and hereby ARE APPROVED and the secretary is hereby instructed that same be filed with the Office of the Town Clerk. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3016. Upon application of ALFRED AND SUSAN STRETZ, by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck with insuffi- cient rear and side yards at 555 Mill Creek Drive, Southold, NY; bounded north by Cassidy; west by Mill Creek Drive; south by Egan; east by Hasha- momuck Pond; County Tax Map Parcel No. 1000-135-3-32. The Chairman opened the hearing at 7:41 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a sketch which indicates the deck in question, which raps around the rearyard of the premises in question; and we have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Peter, would you like to be heard on this? PETER STOUTENBURGH: I really don't have much more than the application other than...I'm sure you gentlemen were up at the site and took a look at it, and we're not asking for that many feet in either direction. What we're trying to do is just square off the deck on the house in such a way that it looks as though it fits in that area. I spoke with the homeowners today by accident. I happened to see them, and they said they've been in contact with both of their neighbors and neither one had gotten in touch with me, and said that they didn't know of any problems, you know, with it and in fact they were thinking, giving them my number they were thinking of a similar project. There are a couple of decks near there and there are quite a few patios. The backyard they consider their frontyard, the water side. I think also that although they don't own the land there has been a certain amount of beach extended in front of most of these properties $outhold Town Board of Appeals -6- August 17, 1982 Regular Mtg. (Appeal No. 3016 - Alfred and Susan Stretz, continued:) MR. STOUTENBURGH continued: too. The bulkhead, which was added many years, was put in and I think probably helped to create a...due to the poor~drainage and some sedimenta- tion in that section of the creek...a figure, a larger distance between the bulkhead and the water. It appeared to me to be that way. MR. CHAIRMAN: Could you give me the approximate dimensions of the deck? MR. STOUTENBURGH: Yes. 14' by 16' approximately. There is also a strip that runs across the front four foot deep, in front of the sliding glass doors so they would have access from the inside. MR. CHAIRMAN: Do you know, it is 16' deep and 14' across? MR. STOUTENBURGH: I believe so, yes. It should have been 12 deep but then the four feet across the front would make it 16, and it's 14 from the addition that's on that side of the building to the neighbor sideyard. MR. CHAIRMAN: To make sure I have this correct, do you want to come up here, because I will initial it after I change it. MR. STOUTENBURGH: Yes. You do. MR. CHAIRMAN: Ok. So the only dimension we don't have is from here to here-- MR. STOUTENBURGH: Right...it doesn't run all the way across. It should only go from here. I believe that's 12 feet from here to where we want to stop-- MR. CHAIRMAN: From here to here. MR. STOUTENBURGH: Right, which would make that room 16 feet which I believe is correct. We only want to go 12 feet. MR. CHAIRMAN: This is the deck though. MR. STOUTENBURGH: Yes. It is all one deck. It goes across and in front of it. MEMBER DOUGLASS: To catch the door. MR. STOUTENBURGH: Yes. So they could come out there. MR. CHAIRMAN: All right. Do you have any objection, Peter, to a restriction that it not be enclosed? MR. STOUTENBURGH: No, and I'm sure they don't either. The fact that we're putting a step on the front so there is no railing, it's just Southold Town Board of Appeals -7- August 17, 1982 Regular Mtg. (Appeal No. 3016 - Alfred and Susan Stretz, continued:) MR. STOUTENBURGH, continued: a short rail on the neighbor's side, along here...a two-element rail. MR. CHAIRMAN: Ok. Is there anybody else that would like to be heard in behalf of the application...in favor of the application? Is there any- body wishing to speak against the application? There's no roof on this structure, is that correct? MR. STOUTENBURGH: NO we're not planning it. MR. CHAIRMAN: 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. 3016, application of ALFRED AND SUSAN STRETZ. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. The Chairman announced that the secretary will be attending the annual Town Meeting on Fishers Island tomorrow, and that the part-time secretary will also not be in. The Chairman asked those who are inter- ested in decisions which may be made tonight to call either the Building Department or Supervisor's Office inasmuch as they will receive a copy of the actions taken. Also, the Z.B.A. secretaries will be in the office on Thursday. PUBLIC HEARING: Appeal No. 3017. Upon application of FLORENCE JOHNNIDIS, 800 Sound Beach Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XIV, Section 100-141, for approval of the construction of an accessory building in the frontyard area at 800 Sound Beach Drive, Mattituck, NY; bounded north by L.I. Sound; west by Kou- souros; south by Sound Beach Drive; east by White; County Tax Map Parcel No. 1000-99-01-009. The Chairman opened the hearing at 7:49 p.m. and read the legal notice of hearing in its entirety and appeal application. 'Southold Town Board of Appeals -8- August 17, 1982 Regular Mtg. (Appeal No. 3017 - Florence Johnnides, continued:) MR. CHAIRMAN: We have a copy of the building permit, which indicates that the existing storage building is approximately five feet from the west line; and we have a copy of the Suffolk County Tax Map showing this property and the surrounding properties in the area. Mrs. Johnnides, could you tell us what the distance is from Sound Beach Drive? MRS. FLORENCE JOHNNIDES: The roadway? MR. CHAIRMAN: Yes. MRS. JOHNNIDES: About 43'. MR. CHAIRMAN: Is there anything you would like to say in behalf of the application? MRS. JOHNNIDIS: Not really...whatever is there. GEORGE JOHNNIDES (son): Because of the erosion, occasional erosion problems. I'm sure you are all aware of the problems of the Sound itself. The tides in the winter coming up and causing devastation. The entire yard in that area, where we prefer to have it to begin with ... it's gone. Now with %he erosion, it knocked down a retaining wall that was buried down about eight feet ... any structure now being put on there would be possibly subjected to any more tides and would be destroyed. Obviously, it's a hardship that way. MR. CHAIRMAN: Thank you. Is there anybody else wishing to speak in behalf of the application? Anybody like to speak against the appli- cation? All right, hearing no further comment -- we've done this in the past and.., it appears to me to be more than forty feet. Maybe you could take a 100 or 50-foot ruler and run that off and let us know Thursday morning, rather than put something that would not be accurate in the findings for a decision. And it's there, it's existing, the application will continue and we will make a decision in the very near future on it. It's not that I'm doubting your word...it's just that I think it's a little more than 40 feet. Ok? When I was down there, I did not see anybody there so therefore I didn't stop and ask you specifically. Thank you. MRS. JOHNNIDIS: You want to know, from the road? MR. CHAIRMAN: Yes. From the edge of the road. To the side of the building. MRS. JOHNNIDIS: We never knew -- all right. MR. CHAIRMAN: We have to put that in the findings, Mrs. Johnnidis. Ok, hearing no further comment, I'll close the hearing and reserve decision until a later date. MEMBER DOUGLASS: Second. Southold Town Board of Appeals -9- August 17, 1982 Regular Mtg. (Appeal No. 3017 - Florence Johnnidis, continued:) On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearinq and reserve decision in the matter of Appeal No. 3017, Florence Johnnidis, pending receipt of the distance from Sound Beach Drive to the accessory building in question. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3020. Upon application for ALICE G. LEVIEN, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to construct storage building on a vacant lot. Location of Property: Subdivision Lot No. 25 of "Map of Moose Cove," Filed Map No. 3230; Beebe Drive, Cutchogue, NY; more particularly identified as County Tax Map District 1000, Section 97, Block 7, Lot 9. The Chairman opened the hearing at 7:55 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRM3~N: I have a copy of a survey showing a penciled-in section of the proposed placement for this accessory storage building which is approximately 50 feet from the lot closest to the house...from the line closest to the house, and 125 feet from the highwater mark. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Yes, I can see I made a mistake. It's 50 feet from the vacant lot to the south. Ok? Counsellor? ABIGAIL A. WICKHAM, ESQ.: Yes. Similar to the application that was before you a couple of meetings ago, but the Leviens relocated the loca- tion and wanted to submit some additional information in the application and the hearing tonight. Mrs. Levien is here and I'd like her to address the board and tell them, first of all, if you could describe the size of the proposed shed, its purpose and its location? MRS. ALICE G. LEVIEN: The size is 10' by 16'. The location is roughly directly across from the existing house about 50 yards at the same level, about the middle of the lot, about 125 yards from the road, so it's totally screened. Oh, 125 feet. And it's strictly to store garden equipment and nothing else, for fertilizer and machines. MISS WICKHAM: Can you tell the board why there would be practical difficulty or hardship if you put the shed on your existing lot contain- ing the house. MRS. LEVIEN: We have a single-car garage, which is unusual for a Southold Town Board of Appeals -10- August 17, 1982 Regular Mtg. (Appeal No. 3020 - Alice G. Levien, continued:) MRS. LEVIEN continued: car if it's totally full of equipment. The yard does flood up to the garage and there's no room on the side, and the house is rather unique in that it has a very, very deep setback. MISS WICKHAM: Can you tell us a little bit more about the rearyard flooding? When does that occur? MRS. LEVIEN: At least a few times a year, mainly in winter when we have the high tides and the winds pull the water in. And it comes all the way to the garage and on occasion up to the house. Thank goodness, it hasn't come in yet. MISS WICKHAM: If the shed were located in the rearyard, what would the difficulty be? MRS. LEVIEN: Well, the flooding, the salt-water pollution and there's no room on the sideyard, so we couldn't put it there. MISS WICKHAM: And what is the difficulty of locating it in the frontyard? MRS. LEVIEN: Well, it would mean cutting down trees. The only feasible place to put in the frontyard would be 20 feet from the road, and it would also require a variance so that it's the same problem. MISS WICKHAM: And why do you feel the vacant lot is more suitable than the shed? MRS. LEVIEN: Because better elevation and it's totally wood completely screened. MISS WICKHAM: I see. Can you tell us why the application ...why you feel the application is unique? MRS. LEVIEN: Well, it's an unused lot which does belong to us. It's totally used as a garden area so that there are woodland walks going to it, but the house actually utilizes it...the continuity of the same garden. The rearyard does flood, and the shed would be incidental to the use of the property itself. MISS WICKHAM: Do you feel that the shed located in the proposed location would change the character of the neighborhood? MRS. LEVIEN: It's totally screened. It's set back from the road and it's completely away from the marshes. It's certainly less obtrusive than the frontyard, and the neighbors constantly stop and comment on the yard. They like it the way it is, and when we discussed putting a shed there, they all agreed to come in, you know, if they had to because they thought it looked so beautiful. It would be a shame to mess it up. It $outhold Town Board of Appeals -11- (Appeal No. 3020 - Alice G. Levien, continued:) August 17, 1982 Regular Mtg. MRS. LEVIEN continued: would be very, very obtrusive in the frontyard. We would be perfectly willing to make conditions about taking it down if we ever sold either piece of property or anything else that you felt. And besides the building, and the usage would be the same, and it has the advantages... you're not putting up another house in the area so you don't have the cesspools, you don't have the plumbing, you don't have another well. MISS WICKHAM: Do you sell any of the products of your garden and use them for commercial gain? MRS. LEVIEN: None. MISS WICKHAM: That's just to basically give you an idea of what the purpose of the shed is and the problems of locating on the existing lot. I'd like to mention, and I think this application is distinct from some other applications that have made for accessory buildings on vacant lots. It's not a farm building which has particular code provi- sions which are appropriate only for farm buildings. Unlike some applications I believe that came up concerning boat owners that wanted to build boat buildings, the Leviens do own this property next to this lot, use it in conjunction with their house lot and it's not a ...while it's undersized in terms of acreage of the code, it's not a very small lot like I think a lot of those applications were dealing with. And it would be used for housing their equipment that they use on the house lot as well as the vacant lot. The problem of not being able to locate on that lot is they are deprived the use of that property even though they are paying taxes on it. It doesn't seem like the type of thing that would cause a problem or obtrusion into the neighborhood. The neighbors do not object, in fact they would probably object more if the shed were located in the frontyard. The house a unique feature that it is located much further back than the other houses in the neighbor- hood, and the rearyard is subject to flooding. If the board has any particular question, I would be glad to answer them. I think Mrs. Levien indicated and I would like to reiterate that they would be willing to condition the shed on the fact that it not be expanded without the board's permission, and that it be moved or ~eloca~ed in the event that a residence were built on that lot or if they sold the property so that they lost that unique aspect of owning the lot next door. MR. CHAIRMAN: Well, to address the problem with the application in general, the entire board did go down and walk over both parcels of the property, and it appeared no one was home because we did knock on the door first. And I do~.attest to what you're saying about the frontyard area...the entire piece of property that the house is on is beautifully landscaped. We did pace off approximately where you were considering putting the proposed storage building. The board's feel- ing was basically, and Ihave no idea what their feelings are after your presentation, at that particular time, a suitable area could be Southold Town Board of Appeals -12- August 17, 1982 Regular Mtg. (Appeal No. 3020 - Alice G. Levien, continued:) MR. CHAIRMAN continued: adjacent to the garage with similar screening, similar to the screening vc~,have around the fuel-oil tank that you have out there, or somethina of that nature, or-- MRS. LEVIEN: In the area that floods? MISS WICKHAM: I have a map of the house property if you would indicate what area you're referring to. MR. CHAIRMAN: Some place over in here (westerly along side the existing frame garage). MISS WICKHAM: Could you indicate where you have the flooding perhaps just down more. MRS. LEVIEN: Flooding has come as high as this (up to center of garage). We have been there three years, and it has come up I would say at least a half-dozen times as far as this, and once it came up as far as this (up to the house). But this is most definitely in a flooded area. MR. LESSARD: This fuel tank that you have right here, does the water reach that? MRS. LEVIEN: Yes, it has. But we put in the fuel tank last year, and at this point we haven't had a problem. I don't know if we're going to. It is raised up a little bit. MISS WICKHAM: I did explore with them the possible locations on the side and right in the back and was advised that the flooding hits that area. MR. CHAIRMAN: Ail right, we were unaware of that; but of course because of the unique way the garage is constructed, we figured it would shield the storage building or in some way, from the house...you wouldn't see it that visibly from your deck area and that is the reason why the board had thought that was another feasible area. MISS WICKHAM: I don't even think they are that concerned about that as they are the flooding problem. They could certainly build it attractively or screen it. In light of that, I wonder if the board-- MR. CHAIRMAN: What the board's feelings are going to be? MISS WICKHAM: Yeah, it just seems that they have a lot here that really is no good and it's not going to hurt anything that I can see to put a storage shed there of 160 square feet. MR. CHAIRMAN: Well, let's see if there is anybody else that has Southold Town Board of Appeals -13- August 17, 1982 (Appeal No. 3020 - Alice G. Levien, continued:) MR. CHAIRMAN continued: anything to say. Does anybody else wish to be heard on this application? Is anybody opposed that would like to speak on the application? Any questions from any board members? (None) Vic, did you have anything to say, since you went with us on the inspections? MISS WICKHAM: Since there is an instance that it did come up and we were talking about, we should put this map in your file and indicate that the "X" that you drew was where you thought the location might be. MR. CHAIRM3LN: As another proposed location. MISS WICKHAM: And that the flooding does come up beyond that. MR. CHAIRMAN: No problem. Would you like me to initial it? MISS WICKHAM: No. I just don't know what those...perhaps that was from the previous hearing made where the notes were made in that area up in the front (of the photocoopy of survey submitted with the "X".). MR. CHAIRMAN: Ail right. Is there anything else you would like to say, Gail? MISS WICKHAM: I don't have anything to add, but if there are ques- tions-- MR. CHAIRMAN: Would there be any electricity run to this storage shed? MISS WICKHAM: No. MR. CHAIRMAN: And at this particular time you're anticipating a steel structure or wood structure? MRS. LEVIEN: A wood shed on a cement block floor. MR. CHAIRMAN: Any other questions from any board members? (None) All right, hearing no further questions or comments, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearinq and reserve decision in the matter of Appeal No. 3020 - Alice G. Levien. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. ~outhold Town Board of Appeals -14- August 17, 1982 Regular Mtg. At 8:10 p.m., the Chairman called a five-minute recess. The meeting reconvened at 8:15 p.m. REHEARING: Appeal No. 2914. In the matter of the application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, one as a marina and one for residential use, each having insufficient upland area. ("A" Zone). Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104; Block 8, Lot 2.1. The Chairman opened the hearing at 8:15 p.m. and read the legal notice of hearing in its entirety. There was no objection by Mr. Griffing or others present for "waiving the reading of the entire application." STEPHEN F. GRIFFING, JR., ESQ.: First, I would ask you, Mr. Chairman, if all the enclosures that I sent in my letter of July 26th are made part of this record? That is Petrucci's map of April 25, 1972; letter from Howard Terry confirming that May 4th minutes, Terry's letter was dated April 29, 1974; and the Health Department approvals; and the D.E.C. per- mit et cetera; everything mentioned in my letter...those are the main ones. Also, I believe you received some letters last month from Howard Terry, John Wickham and Robert Gillispie, all retired officials of this township. MR. CHAIRMAN: Yes, we did. And they appear all to be in this file. MR. GRIFFING: They're in the record. MR. CHAIRMAN: That's correct. MR. GRIFFING: Well, gentlemen, I think we proceeded under misappre- hension of the facts the first time around, referring to Mr. Petrucci's map of May 4, 1972 which was approved in principal by this particular board as a matter of fact. And then of course there was the letter in 1978 pertaining to the use of the marina. The map defines the area of the marina, which is smaller than our original application. On the other hand, Mr. Boos again referred to the map, the second lot to the east away from the marina was originally sold by Mr. Petrucci to Craig Lehmann and his wife. Thereafter, Wenk and Boos bought the property from the Lehmanns, and they each took 75 feet of that 150 feet; and in my opinion that is not an illegal subdivision because they didn't create anything...they just made larger lots for themselves. So at this stand- ing, Mr. Boos, based on the records of the Town and your Board, has a piece of ground that's 225 feet long, frontage on Bay Avenue, for residential purposes. And that would be well in excess of the area that your require even excluding the land under water. So I would say that Southold Town Board of Appeals -15- August 17, 1982 Regular Mtg. (Appeal No. 2914 - Rehearing: Norman C. Boos): MR. GRIFFING continued: at this moment, based on the records of the community and your Board, that we have a marina that's nonconforming, preexisting, or be it without proper parking. It was defined in 1978 and in 1972, it being as shown on this map of May 4th--April 25th, 1972. And so the marina should be able to be split off because it preexists, and due to the fact that Mr. Boos acquired an additional approximately 20,000 square feet, he has enough land for a residence. Mr. Boos is flexible and that if in your judgment you feel there should be more parking for the marina, he could still spare some land, and still under your regulation which excludes land under water, have an adequate building lot without needing any variances. So we're willing to leave the line as shown on the Petrucci map of April 25th, or we can go along with this map which is the map that was submitted, or we would be willing to move that west line a little farther west so that there would be no question about having proper square foot- age excluding the water. And we'd still be creating a little more room around the marina and take the cars off the street. And I would say that the hardships that there are in this case were to some extent imposed by the Town because they didn't look at the records. And I think we have a legal building lot and legal nonconforming marina right now. The line could be moved. MR. ANGELO PETRUCCI: The water, cesspools too. MR. GRIFFING: Yes. That's part of the record, Mr. Petrucci. I asked that everything in my letter be part of the record. There is water supply and there are cesspools approved by the Health Department. MR. CHAIRMAN: What is the approximate square footage of the proposed dwelling that you want to build on this lot? MR. BOOS: Approximately 2,700 square feet. MR CHAIRMAN: Is it a one-story structure? MR BOOS: One story with two bedrooms up on one end. MR CHAIRMAN: Like one and one-half. MR BOOS: Like a one-and-one-half, yes, basically. MR CHAIRMAN: Thank you. Anything else, Mr. Griffing? MR GRIFFING: Well, of course, we can go through the change of the neighborhood and so forth, which it does not. It is one of the largest lots in the neighborhood. In fact the tax map will reflect that. And in an area variance, I don't think we need to show financial hardship, but there would be a financial hardship if Mr. Boos couldn't utilize his property. And also as I said the last time, it's a well known fact that you can get two lots instead of one, you're going to make money. I've Southold Town Board of Appeals -16- August 17, 1982 Regular Mtg. (Appeal No. 2914 - Rehearing: Norman C. Boos): MR. GRIFFING continued: been in the Real Estate Law since 1947, and I think I'm pretty well quali- fied as an expert, having closed for several savings banks...it's practical- ly my whole practice...real estate. MR. CHAIRMAN: Thank you very much. You might as well stay right there in case somebody has some other questions. MR. GRIFFING: I'll be glad to answer them. MR. CHAIRMAN: Does anybody else wish to speak in behalf of the application? Sir? MR. KALLER: My name is Kaller. I live directly across the street from this, and of course I'm delighted that instead of two houses, there will be only one house there, and I think that it would be a feather in the hat of the town fathers to allow this to be done. I can't help but think that you're saying a lot about the parking at the marina. Since the marina is there, I have not noticed ever a car parked on the street. He has always had all the cars park off the street, and I don't think anybody can do more than he does to try to do what's right. MR. GRIFFING: I'm glad to have you ( ), Mr. Kaller. MR. CHAIRMAN: Thank you, Mr. Kaller. MR. KALLER: I've only lived there 28 years. So I think I've got a little idea. MR. CHAIRMAN: Could we have your name, Sir? JAMES REALEY: James Realey. I'm his neighbor, to the west of him, and everything he said, he said before me. And I've never seen any cars parked in the road...especially if you want to say Saturdays and Sundays, which would be his heaviest days, and I've never seen a car out there. And I live directly across the marina. And it's an asset to the community. MR. CHAIRMAN: Thank you very much. Is there anybody else that would like to speak in behalf. Mr. Petrucci. Certainly. ANGELO PETRUCCI: I would like you to know that the little boat basin by the building over here I would say it's 90% people from Nassau Point, and those people that come there, they either leave their key and they'd go home again, or they'd come back, and get in the cars again and go home again. No one in this boat basin goes fishing at four o'clock in the morning. I see boats over there that never went out to Montauk this year. The parking on the road, there is plenty as far as I'm concerned. That's all I can say because we never had any problem. You can call the police department. We have no accidents, ever since I am there 35 years. · Southold Town Board of Appeals -17- August 17, 1982 Regular Mtg. (Appeal No. 2914 - Rehearing: Norman C. Boos): MR. CHAIRMAN: Thank you very much. MR. GRIFFING: We're not concerned about enlarging the parking if the Town doesn't require it. But the opportunity if you want it it will leave a little more for the future. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of the application? Anybody against the application? (None) Anything else, Fir. Griffing, before I close it? Mr. Lessard. VICTOR LESSARD (Executive Administrator, Bldg. Dept.): If this board saw fit to move that west line to give more parking relief to the marina, would that effect the cesspools on that lot? MR. BOOS: No. They are way down the other end. MR. LESSARD: They wouldn't wind up in the parking lot? MR. CHAIRMAN: I have it right here. It doesn't indicate how far, but it's adjacent to the house. MR. BOOS: We will now have 75 feet more on the side On this map. MR. LESSARD: What I'm saying is, if the board saw fit to maybe slide this existing line and if he wouldn't object, over this way... MR. BOOS: It makes no difference to me. MR. LESSARD: That would give relief to that marina, assuming it's what you want to do. It's just a thought, that's all. MR. CHAIRMAN: Thank you, Mr. Lessard. Anybody else? (None) Ok, hearing no further comments, I'll ask any board members if there are any comments? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2914, REHEARING in the matter of the application for NORMAN C. BOOS, until a later date. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. -Southold Town Board of Appeals -18- (Appeal No. 2914 - Norman C. Boos, continued:) August 17, 1982 Regular Mtg. INFORMAL DISCUSSION AFTER THE HEARING WAS CLOSED: The Chairman announced that there would be no decision this evening inasmuch as one of the board members, from Fishers Island, is absent, and there is a possibility of a decision next Friday or Saturday if a Special Meeting is held, at the earliest. The Chairman stated that the board would like to spend a certain amount of time as is necessary for delibera- tions, and Mr. Griffing assured the board that they would allow the board as much time as they feel is necessary. Mr. Griffing also indicated to the board that there were two legal uses presently on the premises and that he felt an additional 75 feet would warrant this division, there being no question about having enough building area. NEXT REGULAR MEETING DATE: On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the date of the next Regular Meeting of this Board is hereby scheduled for Thursday, ~ep.te~ber 9, 1982 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. "CLOSED SESSION FOR DELIBERATIONS": 8:40 p.m. - 9:15 p.m. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that at this time the board enter into "Closed Session for Deliberations," and that the Regular Meeting will be reconvened after same, tonight. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. On motion by Mr. Goehringer, seconded by ~. Sawicki, it was RESOLVED, that the Regular Meeting be reconvened at this time (9:15 p.m.). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. , , , · Southold Town Board of Appeals -19- August 17, 1982 Regular Mtg. RESERVED DECISION: Appeal No. 3018. Upon application of ANN O'SULLIVAN, 144 Colonial Springs Road, Wheat- ley Heights, NY 11798 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in an area other than the required rearyard, at 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. 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 a 12' by 20' accessory storage shed in the frontyard area (determined by the location of the legal access into the premises) set back not less than 20 feet from the easterly property line (presently bordering Orientale). The premises in question contains an area of 43,562 square feet. Existing on this parcel is a preexisting one-story frame, private one-family dwelling. Access to this parcel is off a 10' private right-of-way extending over premises presently owned by Breslin and known as County Tax Map District 1000, Section 78, Block 4, Lot 41.1. In researching our records, no approval of access was obtained as required by New York Town Law, Section 280-a for these premises. The board does agree with the reasoning of applicant and find there is minimal rearyard area in which to feasibly place such a storage building. 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. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3018, application of ANN O'SULLIVAN for permission to construct a 12' by 20' accessory storage shed in the frontyard area as applied for, be and hereby IS APPROVED~ SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the grant of this variance is subject to an application for and approval of access, pursuant to New York Town Law Section 280-a (inasmuch as it is assumed Corey Creek Lane is not the legal access to the premises in question); and 2. That this accessory storage building cannot have sleeping Southold Town Board of Appeals -20- (Appeal No. 3018 - Ann O'Sullivan, continued:) August 17, 1982 Regular Mtg. or living quarters, and therefore must remain only as a storage building. 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 resolution was unanimously adopted. RESERVED DECISION: Appeal No. 3016. Upon application of ALFRED AND SUSAN STRETZ, by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck with insufficient rear and side yards at 555 Mill Creek Drive, Southold, NY; bounded north by Cassidy; west by Mill Creek Drive; south by Egan; east by Hashamomuck Pond; County Tax Map Parcel No. 1000-135- 3-32. 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, appellants seek permission to construct a deck approximately 16 feet deep and 14 feet across leaving a setback at its closest point from the bulkhead of 15 feet and 18 feet at its farthest point from the bulkhead. The setback distance from the northerly property line (presently adjoining Cassidy) is 9'6" at its nearest point. The premises in question contains an area of upland area of approximately 7500 square feet, with 65 feet fronting Mill Creek Drive and an average depth of 115 feet to the bulkhead, and having frontage on Hashamomuck Pond of approximately 75 feet. The board agrees with the reasoning of appellants under the circumstances and do find the area to be the most practical and feasible. 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. Douglass, seconded by Mr. Goehringer, it was Southold Town Board of Appeals -21- August 17, 1982 Regular Mtg. (Appeal No. 3016 - Alfred and Susan Stretz, continued:) RESOLVED, that Appeal No. 3016, application for ALFRED AND SUSAN STRETZ for permission to construct deck with insufficient rear and side yard setbacks as applied for, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This construction must always remain as an open deck and never be enclosed for living quarters (or be permitted to be roofed); 2. That the grant of this variance is subject to D.E.C. approval (if applicable under the circumstances). Location of Property: 555 Mill Creek Drive, Southold, NY; County Tax Map Parcel No. 1000-135-3-32. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. The Chairman announced that there would be a Special Meeting scheduled within the next two weeks in order to schedule the most recently filed, completed applications. Being there was no further business properly coming before the board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals Board of Appeals