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HomeMy WebLinkAboutZBA-11/30/1983APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN RDAD-STATE RDAD 25 BnUTHI3LD, L.I.. N.Y. llg?l TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING NOVEMBER 39, 1983 A Regular~Meeting.of.the. Southold Town Board of Appeals was held on Wednesday, November 30~' i983 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Sou~hold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen; Charles Grigonis, Jr.; Robert J'. Douglass and Joseph H. Sawicki. Also present were Victor Lessard, Administrator (Building Depart- ment) and approximately 22 persons in the audience at the time the meeting was opened. The Chairman called the meeting to order at 7:30 o'clock p'.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 3181. Application of ROBERT A. CELIC, Main Road, Mattituck, NY for a. Variance to the.Zoning Ordi- nance, Article VIII, Section 100-80(C) and VI, Sec%ion 100,60(C) for permission to erect off-premises directional sign in this "C-Light Industrial" Zone at premises located at the south Side of Main Road, Greenport, NY, and more particularly known as County Tax Map Parcel No. 1000-053-02~026. The Chairman opened the hearing at 7:30 o'clock p.m. and read the legal notice of hearing in its ent±rety and appea~i application. MR. CHAIRMAN: We have a copy of a Sketch of the nature of the sign which reads, "Celic Realtors, one mile ahead on right." It appears to be 32" by 48" and will be affixed to~he present'Penny Lumber building in Greenport. We also have a copy of the Count~ Tx Map indicating this property and the surrounding properties. Mr. Celic, was there anything~you wanted to add? Mr. Celic had nothing to add..to.the application. ~outhold Town Board o~'Appeals -2- November 30, 1983 Regular Meeting (Appeal No. 3181 - ROBERT A. CELIC, continued:) MR. CHAIRMAN: You are aware of the normal restrictions placed on these signs? MR. CELIC: Yes. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3181, application of ROBERT A. CELIC. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3179. Application for FRANCES SATRIANO AND THE ESTATE OF MICHAEL SATRIANO, by Dolores Adolph (R.B. Hudson Co., Inc.), 763 Norman Drive, North Bellmore, NY 11710, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reseparate two substandard parcels having insufficient area, width and depth, located at the west side of Fiddler Lane, Greenport, NY; County Tax Map Parcels No. 1000-36-2-5 and 6. The Chairman opened the hearing at 7:34 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated December 20, 1982 indicating Lot %1 of 8,000 sq. ft. and Lot.#2 which Contains a one-story, one-family, framed home of 8,000 sq. ft.; and I have a copy of the Suffolk County Tax Map showing the surrounding proper- ties int he area. Would anybody like to be heard in behalf of this application? SUSAN ROACH: I'm here to represent Mrs. Adolph. MR. CHAIRMAN: Could I have your name, please? MRS. ROACH: Susan Roach. I do have a copy of the division that was granted to Mrs. Buynoch across the street. MR. CHAIRMAN:' Do you have an extra copy, or do you want us to take that one and copy it for you? MRS. ROACH: I can give you this copy. MR. CHAIRMAN: Is there anything else you would like to say? (Nothing else.) (Mrs. Roach submitted a copy of the decision in Appeal #1193 rendered August 1, 1968 concerning similar property across the street.) MR. CHAIRMAN: Anyone like to be heard against the application? - (None) Comments from board members? (None). S~uthold Town Board o~'Appeals -3- November~ 30, 1983 Regular Meeting (Appeal No. 3179 - FRANCES SATRIANO, continued:) On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of FRANCES SATRIANO AND THE ESTATE OF MICHAEL SATRIANO, Appeal No. 3179, until later. Vote. of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3180. Application of NICK AND ANNA ANDRIOTIS, 21120 Soundview Avenue, Sou~hold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119.1 for permission to erect fence exceeding four feet high in the frontYard area of premises at the northwest corner of intersection with Clark Road and Soundview Avenue, Southold, NY: County Tax Map Parcel No. 1000~51-3-14. The Chairman opened the hearing at. 7:38 o'clock p.m. and read the legal notice of hearing in its entirety and appea~ application. MR. CHAIRMAN: We have a copy of a survey dated-Juiy 10, 1980 indicating the nature of the fence and the placement thereof, and a copy of the Suffolk County Tax Map indicati~q this property, and the surrounding properties in the area. Would sgmebody like to be heard in behalf of this application? MRS. PAPANTONIOU: Mrs. Andriotis couldn't come tonight so I'm representing them, and ~he has made the case clear. MR. CHAIRMAN: to put the fence? Did he tell you how far off the line he planned MR. PAPANTONIOU: I don't know that, but I kno~ Where he wants to put the fence is towards the back where his home is located. MR. CHAIRMAN: Could you please ask him to furnish us with that information? It's not clearly stated what the distance is from the property line at this partiq~ar point. MR. LESSARD: It's on ~he line. MR.. CHAIRMAN: It's not showing it as on the line here~ SECRETARY: I believe it's five feet from her~ and 50' from the road. MR. CHAIRMAN: Maybe you could ask him to call the office ~ith a copy of this in front of him and he could tell us exactl~ where this red line appears off the line because it'_~ no~.rea~ly show~ here~ Did he tell you,[3Victo~., how close to the line he plan~ on putting it? sguthold Town Board o~ _Appeals -4- Novemba~30, 1983 Regular Meeting (APpeal No. 3180 - NICK AND ANNA ANDRIOTIS, continued:) MR. LESSARD: On the line. MR. CHAIRMAN: Is there anybody else that would like to be heard in behalf of this application? MR. LESSARD: His house is way in the back of his property; the neighbor is way in the front of his. MR. CHAIRMAN: Anybody like to speak against the application? (No one). Questions from board members? (None) Hearing no further questions, I'll make a motion closing the hearing pending a call from the applicant concerning the actual distance. ~MBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, tO close 'the hearing pending receipt of~ the requested information (setback.distance from side line) in-lthe matter of NICK AND ANNA ANDRIOTIS, Appeal No. 3180. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki~ This resolution was unanimously adopted. MR. CHAIRMAN: Please call our .secretary,S.and give her the information. Thank yQu for cQming in. PUBLIC HEARING: Appeal No. 3182. Application for MR. 'AND 'MRS. SAUL ROSENSTREICH, .~y Skinny Dip Pools, Inq_.,._ Main Road, Mattituck, New York for a Variance to the ZoDin~ Ordinance, Article III, Section 100-32 for permission to construct inground swimmingpool, deck and fencing in the frontyard area of this parcel known as 645 Little Peconic Bay Road and'3700 Haywaters Road, Nassau Point Club Proper- ties Map 806, Lot 417; COunty Tax Map Parcel No. 1000-111-11-009~ The Chairman opened the hearing a~ 7:45 o'clock p.m'~ '~d read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a pencilled-in survey dated March t9~ 1980 showing the approximate placement of the sw~mmingpool which is approximately 10 fe~ from the west line. I% appears to be 36' from the fron~yard, approximately 42' from the house.~ The pool appears to be--that may not be correct-- it's an 18 by 36' swimming- pool. And I have a copy fo the Suffolk C~un~y Tax Map indicating this property and the surrounding p~operties_~n the area. Would somebody like to be heard.~'~in behalf of this application? (No response.) Would anyone like to ~peak against the application? (No one) SECRETARY: Semeone was goin~ to appear tonight with the information coDcerning, the deck and location of the fence for the pool. S~uthold Town Board or'Appeals -5- November 30, 1983 Regular Meeting (Appeal No. 3182 - DR. AND M_RS. SAUL ROSENSTREICH, continued:) MR. CHAIRMAN: Are there questions from board members? (None) Hearing no further comments, I'll make a motion closing the hearing subject to two things: (1) that the applicant or Skinny Dip Pools furnish us with the proper set of plans or topographical survey indicating the deck area included in this and the fencing around the swimmingpool, and (2) furnishing the approximate.distance of the pool to the actual road area of Little Peconic Bay Road. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to Close.~the hearing~pending.~receipt of the following: (1) set of plans o~ ~ey indicating the.~deck area iDcluded;~ and (2) furnishing the distance of the pool and fence to the actual road area of Little Peconic Bay Road. Vote of ~he Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously~adopted. PUBLIC HEARING: Appeal No. 3186. Application of JOHN'C. 'DILLER, 260 Peconic Bay Boulevard., Laurel, NY for_a ~ariance ~9 .the Zoning. Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area of premises known as 260 Great Peconic Bay BOulevard, Laurel, NY; County Tax Map Par- cel No. 1000~145~02-1.6. The Chairman opened the hearing at 7:50 o'clock p.m. and read the legal notice of hearing in its entirety and appea%i application. MR. CHAIRMAn: We have a copy of a survey dated July 2, 1982 indicating the placement of the storage building approximately 66' from the rear of the house and somewhat similar in the frontyard of the property, a~d a copy of the Suffolk cou~ty~ Tax Map_ indicating this property and the surrounding p~roperties. Is there anyone w~sh- ing to speak in behalf of this application? Is there anyone wishing to speak against the app.~ication? Comments from board members? (No response.) On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to ~lose the hearing~pending~eceipt of the approxi- mate distance f~rom the front, ~est and eas~_proper~y %jnes. o~.this_ proposed accessory storage shed° Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unani~ously~adopted. S~uthold Town Board o~JAppeals -6- November ~0, 1983 Regular Meeting APPEAL NO. 3182 - DR. AND MRS. SAUL ROSENSTREICH appeared in behalf of their hearing earlier. Dr. and Mrs. Rosenstreich was not aware that the ZBA was meeting in the Town Board meeting room and therefore missed the hearing. MR. CHAIRMAN: Doctor, what is the approximate distance from the swimmingpool to Little Peconic Bay Road? DR. ROSENSTREICH: Twenty feet-- to Little Peconic? Oh, that's considerable. About twenty feet and maybe more. I'm not quite sure. The pool itself is at leaSt 30' The fencing is abou~ 20. MR. CHAIRMAN: We had asked Mr. Siemerling.~te gi~ us a copy of the deck area. Did you prepare anything for us tonight? DR. ROSENSTREICH: We have one, but we don't have copies of it. MR. CHAIRMAN: We can mail you a copy back. Can I ask your timeliness on this? Are you intending to construct at this time of the year or are you going to wait until Spring? DR. ROSENSTREICH: We would like to start at this time of year. MR. CHAIRMAN: Can I ask you also-- we closed the hearing pen'd- ing receipt of this -- of the distance of the.pool and the deck from the road. I don't know if this is drawn to scale? Could you give us the exact dimensions to sour knowledge? Just g.ive us a call in the office and let us know. Most of .the people in the room he~e, when I told Mr. Celic, who was the first applicant, that. because of the agenda tonight, I doubt seriou~iy if we'll get to any deliberations until the next r~gularty schedu~dspeci~l Meeting, tentatively December 15th or thereabouts, ~nd we'll be dealing, with these parti- cular issues at that time. We would normally have it next week, but unfortunately I have to go away for a conference. If you furnish us with that information, we can deal with it at our Special.Meeting. DR. ROSENSTREICH: That is drawn to scale, but I can give you the exact distance. MR. CHAIRMAN: The pool and the deck. And it appears that the deck is right against th~ property line? DR. 'ROSENSTREtCH: It's right' on the property line=-the fence. MR. CHAIRMAN: The fence W~ill be? A~d then '~he derek is right against the fence? DR. ROSENSTREICH: The pool will be whatever ~he-le~ai.'~distance was from the property line. MR. CHAIRMAN: ~d how high will the fence be? DR. ROSENSTREtCH: There's an SXisting -- we have an enclosed garden in the front, and it will be similar to that which is a little S6uthold Town Board of-Appeals -7- November-30, 1983 Regular Meeting (Appeal No. 3182 - DR. AND MRS. SAUL ROSENSTREICH, continued:) DR. ROSENSTREICH continued: over four feet. MR. CHAIRMAN: I'm happy you came, thank you very much. Have a nice evening. PUBLIC HEARING: Appeal No. 3185. Application of THE SUFFOLK .COUNTY NATIONAL BANK, Box 702, Cutchogue~ NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70(C) [2] for permission to have a second identification sign on the side of building facing the parking~.10t (Keyfood Shopping Center) at premises known as 31225'Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-05-012. The Chairman opened the hearin~ .at 7:55 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of sketch showing the sign as well as a picture of the sign. We also'have a copy of the County Tax Map indicating this and surrounding properties. Is there anyone wishing to be heard in behalf of the app~ic.ation? ROBERT COTTON: I am~here representing the Bank, and I think we said just about everything~ (in the appli.cation). The sign is up presently and faces the parking lot. There's one facing east and one facing, south. MR.~CHAIRMAN: It's 32' by 2', is that: correct? MR. COTTON: Right. That's the longest. There's a sign fac- ing south ~hati's 3½' by.-2.7'. It's doubl~ lined. The tette~ ~e about 10" square. MR. CHAIRMAN: Ok. Thank you, Mr. Cotton. Would anybody else like to be heard in behalf of this application? Anybpdy like to speak against the application? ~Questions from boar~ me~mbers? (None) Hearing no further q~estions, I'll make a motion granting this application with the following, condition, that it not exceed 2' by 32' in size as requested. MEMBER SAWtCKI: Second. S~uthold Town Board or-Appeals -8- November30, 1983 Regular Meeting (Appeal No. 3185 - SUFFOLK COUNTY NATIONAL BANK, continued:) By this appeal, applicant seeks permission to retain a second existing identification sign which is located at the east side of the Suffolk County National Bank building in the Keyfood Shopping Center, Cutchogue, New York. The size is 32'_by. 2' and is specifi- cally located on the side gable area of the roof. Section 100-70(C) [2] of the zoning code refers back to Article VI, Section 100-60(C) [2], subsection (b) of which permits one wall sign and subsection (c) of which permits one roof sign, on a public street. It is the opinion of th board that since the code permits two building signs in a business district, the relief requested in this application will be in harmony with and promote the purposes and intent thereof. It is also the opinion of the board members that the subject sign may face an area other than the public street inasmuch as it will be visible for the traveling public along the Main Road and adjacent to the Keyfood Shopping Center parkin~ lot. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly,. on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that.Appeal No. 3185, application of THE SUFFOLK COUNTY NATIONAl5 BANK for permission to .... retain second identifica- tion sign at the east side of-the existing bank building, BE/AND. HEREBY IS APPROVED,' provided that the sigD not exceed th~ requeSt- ed size 2'i 'by'32' and provided further that this matter will be referred to the suffolk County .Planning Commission pursuant to Sections 1323, et.geq, of the Suffolk County Chartsr. Location of Property: 31225 Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-05-012. Vo~ of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was una~mously, adopted. S~uthold Town Board of~Appeals -9- November~30, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3188. Application of RICHARD JAR- ZOMBEK, Osborn Avenue, Baiting Hollow, NY 11933, for a Variance to the Zoning Ordinance, Article III, Section 100-32(A) for permission to construct accessory windmill exceeding the maximum requirement of 18 feet at premises known as 5520 Narrow River Road, Orient, NY; County Tax Map Parcel No. 1000-027~02-004. The Chairman opened the hearing at 8:00 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR..CHAIRMAN: We have a copy of a survey dated October 25, 1977 indicating the nature of the placement of this windmill tower which is appro~.~mately ~.6~ f~gm .an~isting bulkhead and~'l.~!_ from the shed roo~.. We. also_~ve ~copy of the CQpDt~Tax'Map i~ic~3~ng this property a~ the. surrounding properties. Mr. Jarzombek, would' you ~ik~ to be heard in behalf pf this app~icat~0%~ .... RICHARD JARZOMBEK: Yes. This ~plication t put in for Mr. Raymond Plusch~u, Who happ.gns~t© be thg'~roperty ow~gr. I~mlhere tq_answe~_any specific q~stions thatyou migh~.~have cpncerning this. MRs. CHAIRMAN: erect any other~- MR. JARZOM~EK: MR. --CHAIRMAN: This is highly irregular, but I'll asks-did you Yes, sir. Where? MR. JARZOMBEK: I.'ve. been responsible for Mr. Miller.'s in Laurel, yho came before this same bgard. __M~_pwn partiq~ar machine ~hat I have in Baiting Hollow. Those d~req~!!y i~volved._._.I am presently involved with Sputhampton.ts first w~nd generator because they have an ordinance already. They avoid all qf this. They have a set of rules MR. CHAIRMAN: If you"re familiar with the original hearing of Mr. Miller's., the b0~rd was particUlarly interes~Dd in the a~_o~nt of drone %hat the generator had made a~d..~e had visited the site after the hearing_and after granting the application~, and so on, and we were happy with the amount of drone_~at it made which was sumewhat minimal. MR. JARZOMBEK: That's a real misconception involving wind- mills; and that's one of the first_questions~.that's a~ways asked by peopie is, "HOw much noise does_it make?" ..... MR. CHAIRMAN: I was wondering if this wouId be a similar one? MR. JARZOMBEK: It would be a s~aller machine, and mos~ likely would not make much noise. MR. CHAIRMAN: Is there any reason why you 'selected the S~uthold Town Board o~Appeals -10- Novembe~0, 1983 Regular Meeting (Appeal No. 3188 - RICHARD JARZOMBEK, continued:) MR. CHAIRMAN continued: specific spot that you selected? MR. JARZOMBEK: For us to move it any further on the property, further south on the property would be a hardship of putting the wire in and the loss of efficiency by the longer the wire making it heavier. Closer to the house, we don't want to place it any closer because the only trees and obstructions in the area are within the house immediate area, and I was trying to avoid those--if we moved any closer to the house, we would have to~.go higher, and~.we didni't want to do that. A 40' high tower is considered in the industry the minimum height. MEMBER SAWtCKI: And that's what you would have, 40'? MR. JARZOMBEK: Yes. Mr. Miller"s was 60. Sixty is a much more common figure but because of this, this doesn't seem to be involved here. We felt 40' was right. MR. CHAIRMAN: Do you khow the approximate distance of the proposed site to the Narrow River Road? MR. JARZOMBEK: I would estimate it's at least 60-65 feet~ Definitely it is not within falling distance of the noad. MR. CHAIRMAN: Do you feel any placement closeT to the house would require additional height, is that your opinion? MR. JARZOMBEK: Yes. That seems tO be happy medium of beinq far enough away that the higher tower wasn't needed yet close enough that it would be economically feasible. MR. CHAIRMAN: I will say that the board has felt that we would like to try and keep these towers as much away from any type of construction as possible and that was the reason why I asked you that question. We'll see what develops, throughout the hearing. 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 ~y board members? MEMBER DOYEN: MR. JARZOMBEK: MR. CHAIRMAN: What's the output? This is a 4,000 kilowatt. Victor, did you have any~houghts about it? MR. LESSARD: Well only that if it should g6-down it doesn't hit anything. Is it in the backyard? It's considered an accessory, that's why I ask that. (~Mr._~Lsssa~d. viewed'~the~isketch.) S~uthold Town Board of Appeals -11- Novemb~ 30, 1983 Regular Meeting (Appeal No. 3188 - RICHARD JARZOMBEK, continued:) MR. LESSARD: He actually doesn't have any backyard now that I looked at it. MR. CHAIRMAN: I was going to say that, but I'm afraid anything about anybody interprets backyard anymore. MR. LESSARD: No, I can handle backyard--lots of stuff I can't but I can handle t'hat. MR. CHAIRMAN: Mr.' Jarzombek, could you furnish us with the information on how far the proposed.site would be from the closest bulkhead--in other words, if I were standing in front of the proposed site to the left hand side, you'll see where that one bulkhead cuts in and around. You don't have any distance from there. You have 46' from the farthest one. MR. JARZOMBEK: That drawing is to scale. I would believe it's 40 feet. I believe it is to scale. MR. CHAIRMAN: Just let me review the options with you before we close the hearing. Now, if the board made any adjustment on where this particular site would be--this proposed ~te--you're saying that it would not be feasible for you to put that generator on that particular height in that spo~, so it has to go in that spot. MR. JARZOMBEK: That was the best area from all the possibilities. As far as distance from any structure. They_set it back ~way from the road to go further away from the gentleman's houSe would mean at least 250 feet, an additional 250 feet. It would increase the price, and everyone h~s one to save money. MR. CHAIRMAN: And you said it was 65 feet away from the road approximately? MR. JARZOMBEK: Yes. MR. LESSARD: I~' there a light? MR. CHAIRMAN: Do you thi~k You'll have a light on it? MR. JARZOMBEK: No~ MR. CHAIRMAN: Mrs. eliza, you had a question? RUTH OLIVA: Sixty-five feet fr~om._the road? We understand Mr. Pluschau's problem and we're certaiDly not against wind generators, but you know everything is in. such close proximity there with the boats and the people and cars; I'm sure nothing is going to fall apart I hope. p_ MR. JARZOMBEK: Well, that's the purpose of an engineer's drawing. S~uthold Town Board o~Appeals -12- Novemb~ 30, 1983 Regular Meeting (Appeal No. 3188 RICHARD JARZOMBEK, continued:) MR. JARZOMBEK continued: When we build a house, we build it to certain specifications. I know after~ reading the paper this~week~ i.. MRS. OLIVA: I understand. MR. JARZOMBEK: We lived with LILCO. We lived with their towers. We feel it's a necessity of life that we live with.this. MRS. OLIVA: I agree with Mr. Lessard maybe there should be a small light up there being the fact that we Charlie Rose's Airport with smaller airplanes. MR. JARZOMBEK: The trees in Mr. Pluschau's backyard are 40-45 feet. MRS. OLIVA: Do you mean the frontyard? MR. JARZOMBEK: No. Water side' yard. flying that low, they're in trouble~ Yes. If anyone is MR. (unknown): There are~ 60' poles all the way down the highway. MR. CHAIRMAN: If the board so chose to move this proposed tower towards the house, what additional height would~be~required? MR. JARZOMBEK: I believe, the homeowner because of the expense could possibly not even go through with it. They wanted to keep the costs down, and one of the ways was with the reduced tower height. This was also an important factor° MR. CHAIRMAN: Why is it--does it cause a vaccuum effect, or what happens when it gets closer to a structure2 MR. JARZOMBEK: Well, you see as air travels over water, it's a nice uninterrupted flow. As soon as it hits anything, the bluffs, trees, a house or anything, the air starts to tumble, and when air starts to tumble it creates turbulence--it's not a predictable direction; and the blades aren't efficient. We need a nice, clean air flow to work efficiently. Placement and height are probably the most important ~onsideratiQ~ in placing windmills. That's my opinion and the opinion of the industry. MR. CHAIRMAN: Thank you. Go ahead, Mrs. Bachrach. SHIRLEY BACHRACH: Is it[.h~r~icane-proofed? MR. JARZOMBEK: Yes. Hurricane-pr0~f. The machines are designed to withstand~!00-t20 miles an hour of winds. The hurri- cane of '38 which was the'most devastating huYricane ever recorded 92 mile-an-hour winds. S~uthold Town Board o~Appeals -13- Novembef-~30 (Appeal No. 3188 - RICHARD JA_RZOMBEK, continued:) MEMBER DOYEN: I beg to differ. It recorded winds ......... MRS. OLIVA: Yes, and I disagree with that. MEMBER DOYEN: I know of an anemometer~tha~ blsW took the roof with it. They were monitoring it and last reading with the enomometer. In other words exceed it, but hopefully not. MR. CHAIRMAN: Did anyone else have any questi I assume you want to get going on this as quickly as MR. JARZOMBEK: Yes, because of the tax credit It would have to be before the 1st of the year. 1983 Regular Meeting miles an hour off-and it also ~hat was the winds can ns? (None) possibly. for this year. MR. CHAIRMAN: We would probably be deliberati]Lg the week after next. I don't know what we'll get into tonight conc~rning this application, ok? Hearing no further comments, I'll ilake a motion closing the hearing and reserving decision until lat~r. On motion by Mr. Goehringer, seconded by M~. Stwicki, it was RESOLVED, to ci0se"the hearing~d rese~eldec~si~n ~n~il later in the matter of Appeal No. 3188 by RICHARD JARZOMBEK for R. Pluschau. Vote of the Board: Ayes: Messrs. Goehringer, DOyen, Grigonis, Douglass and Sawicki. This resolution was unanimou~.y adopted. TEMPORARY RECESS: On motion by Mr. Sawicki, s~ conded by Mr. Goehringer and unanimously carried, the board moved .o recess for approximately five minutes, at which time the meeting would be reconvened. RECONVENE: On motion by Mr. Sawicki, seconded by Mr. Grigonis, and unanimously carried, the board moved to reconvene the Regular Meeting for the purpose of transacting those matters scheduled. MEMBER DOYEN was not a sitting member but did remain for questions directed to him on his variance application, infra. PUBLIC HEARING: Appeal No. 3187~ Application of SERGE ~ND JANICE R. DOYEN, Box 263, Fishers Island, NY 06390, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct accessory storage b~i~ding~in an area othsr than the required rearyard~at premises located along Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006,06-001. S6uthold Town-Board o~Appeals -14~ Novembef~30, 1985 Regular Meeting (Appeal No. 3187 - SERGE AND JANICE DOYEN, continued:) The Chairman opened th~ hearing at 8:26 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of tge bacj if the building permit which indicates the storage shed approximately 60' from, I believe, the easterly property line, 40' from the house. I also have a copy of the County Tax Map indicating this prQperty and the surrounding properties. Mr. Doyen, would you like to be heard? SERGE DOYEN (in the audience): It speaks for itself. MR. CHAIRMAN: Will there be electricity? MR. DOYEN: No. MR. CHAIRMAN: Windows? MR. DOYEN: Not as planned at the moment anyway. It's a pre-package but there is no window in it. MR. CHAIRMAN: Would anybody else like to spsak in regard to this application? Questions from any board m~mbers? (None) MR. CHAIRMAN: I'll offer a resolution granting this with the following condition: That it not be used for living, sleeping, habitable quarters, or as a bunk house, et cetera. MEMBER SAWICKI: Second. (continued on page 15) Southold Town Board o~Appeals -15- NovembeI<~0, 1983 Regular Meeting (Appeal No. 3187 - SERGE ~AND J~LNtCE R~ DOYEN, continued:) The board made the following findings and determination: By this appeal, applicants seek permission to construct an 8' by 10' accessory building for storage/garage purposes to be located in an area approximately 60' from the easterly side property line and approxi- mately 40' from the existing one-family dwelling structure. The board members are familiar with the site in question as well as its unique topography and elevations. The board members agree that the area chosen is the most feasible under the circumstances. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3187, application of SERGE AND JANICE Ri DOYEN for permission to locate accessory storage build- ing in an area technically considered frontyard, BE AND HEREBY IS APPROVED, PROVIDED THAT SAME NOT BE USED FOR 'LIVING/HABITABLE QUARTERS (or bunk house). Location of Property: Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-06-001. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was not a sittinq member at this time and abstained.) This resolution was adopted. S6uthold Town Board o~r~Appeals -16- November'30, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3190. Application of WILLIAM BURKHARDT, by Alfred J. Skidmore, ESq., 117 Newbridge Road, Hicksville, NY 11802, for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct accessory storage building in an area other than the required rearyard at premise~ known as 50 Wabasso Street and 2315 Nokomis Road, Southold; County Tax Map Parcel No. t000-078-03-par~ of 039. The Chairman opened the hearing at 8:31 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey da~ed Oc~0ber 27, 1983 indicating the placement of the e~isting garage approximately 4.7' from Wabasso Street and approximately 25'_'3£r0m Nokomis_Road; and I have a copy of the Suffolk County Tax Map indicating this property and th~ surrounding properties in the area. Would anybody .like to be heard in behalf of this application? WILLIAM BURKHARDT: Yes, I'm Mr. Burkhardt. This has to do with a garage._that has been there for as many years as you indicated, and apparently it's too close to the road under the new ordinances; and we would like to put a house in back of it, and it doesn't make much sense to move the g~rage. It's in good qQndition, and it would be a hardship obviously and a great expensej and there's no point to it. It does not conflict with anything across the street. Across the street is Associa- tion property. It's on part of a corner lot. It's really a matter of matching the house with the garage, and a...garage is how ~.t is going to be used. MR. CHAIRMAN: Thank you. Can I ask' you a couple of questions ~oncerning- the garage? What is the approximate size O~ the~garage? MR. BURKHARDT: Twenty-two by 24. MR. CHAIRMAN: We were unah~ when we were down there to look into the garage, not that we normally do--we usually ask you the ques- tion at the hearing. Mr. Burkhardt? MR. BURKHARDT: MR. CHAIRMAN: MR~ BURKHARDT: MR. CHAIRMAN: building is that correct? Are there any.~leep~ng quarters, in that garage,~ No. That's storage~ Storage area. Is there electricity in the garage? Yes~' It isn't hooked up at the moment. Y~u intend to use this ~ilding as a s~orage MR. BURKHARDT: Yes. Garage. MR. CHAIRMAN: Would you object to a condition that it not be attached to the house in any way? S~uthold Town Board o~Appeals -17- November 3~0, 1983 Regular Meeting (Appea~i No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: Not at all. I didn't have any plan to attach it. MR. CHAIRMAN: I'm just saying in the near future some people like then to attach it to the house and then we run into a sideyard problem and then another frontyard problem and so on and so forth~ MR. BURKHARDT: I don't know. Is that important that-- MR. CHAIRMAN: No, that's just a question that is normally asked. MR. BURKHARDT: It's conceivable that it would make sense some time n the future to attach it. I don't know what to say. If it's important that it never be attached, I would go along with it, but it might enhance the look of the whole set-up if they were attached. At the moment, my plan is not to attach it. MR. CHAIRMAN: Thank you, Would anybody else like to speak in behalf of the application? (No one). Anyone wiDhin.g to speak against the application? Mr. Burkhardt, do you object to any conditions that the garage remain as a storage building? MR. BURKHARDT: MR. CHAIRMAN: MR. GIFFORD: No. That's the purpose of it. Thank you. A few questions here. My name is Gilford. I live in Laughing Waters. The existing structure we're talking about is an alleged qarage as far as I'm concerned. I find that it's very unique that a garage has an extension on the back of it which is a screened porch, an outdoor shower, a kitchen window; it's a well ( ) garage with shutters. I just find~it a unique structure. The other thing is on ~he plot plan and information we have, there is no well listed and~dimension~; there are no sanitary facilities listed or dimensioned; and if you are allegedly considering putting in another building and the building is to ~be inhabited by p~ople for summer rental, as'~I~understand it-- MR. BURKHARDT: There's no indication of that. MR. GIFFORD: Well, we've had some indications on this whole-- MR. CHAIRMAN: Excuse me, would' you just direct the questions this way~so that we don't run into a problem-- MR. GIFFORD: Sorry. We have had three different versions of what's goiDg~o happen on this property,, and. we. really dOn't-- are not clear of what's happening, ~ut we are concerned with a number of things. One_~is~he app.earance of the property, appearance of what is going to be put on there as to the apR~arance, of the surrounding homes. The only~thing is, if proper~t'~e's are adjacent, and the~ are, to this piece of prgp~rtyi~ and if~another structure is to be added and if that structure is to have a C of 0 and to be inhabited, where S~uthold Town Board o~ Appeals -18- November-30', 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. GIFFORD continued: is the well; where is the septic tank. Are they existing or are they to be proposed? If they are proposed, should they not be on the plot plan? MR. BURKHARDT: May I say something? MR. CHAIRMAN: Certainly. MR. BURKHARDT: We've had all of that information from the County already, and they have the location of wells-~.and cesspools. MR. CHAIRMAN: Do you have that with you, sir? MR. BURKHARDT: Well, let me look and see if I do. MR. CHAIRMAN: Did you have any other questions while this gentleman is looking? MR. GIFFORD: Yeah, we're concerned-- do you buys mind if I talk? FEW LAUGHING WATERS RESIDENTS: Go right ahead. MR. GIFFORD: We're concerned because there has been some dis- cussion in the neighborhood that the premises, the existing ones, have in fact been inhabited and utilized for a summer bungalow. I have never been inside the building. If these stories I here or rumors I here are correct, does that imply there was a bathroom in there and a kitchen; if these things are so, then there must be sanitary facilities. If the structure has never been inhabited, then what I just said is (). The only thing which is germans to what you are considering here, is that i~ there is anything true to this supposition, then it throws to my mind the whole subject of adding yet another structure to the property into a different prospective. MR. BURKHARDT: Would you pass this up to Mr. Goehringer? (Mr. Burkhardt passed up the approved copy of the 9/21/83 survey from the Health. Department, No. 13'S0-173, indicatring the existing and new well and cesspools.) MR. CHAIRMAN: I'll reflect on that in a second. MR. GIFFORD: MR. CHAIRMAN: this gentleman eluded to? MR. BuRKHARDT: Not at all. to clarify it. Thank you. Sure. DO you mind if I ask you the questions that I wish you would. I would like S'outhold Town Board o~IAppeals -t9- November ~J0, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHiq/~DT, continued: ) MR. CHAIRMAN: It is my discretion not to swear this gentleman in. Does anyone object to that? (No objection.) Mr. Bur~ha~t, are there existing facilities in this existing.~.struc~ure hOWl Mi{. BURKHARDT: Kitchen in the sense that there is a sink instead, yes. MR. CHAIRMAN: Is there a stoves MR. BURKHARDT: MR. CHAIRMAN: MR. BURKHARDT: MR. CHAIRM~N: was a bathroom facilitY,, or. ba.thro~m. __~ MR. BURKHARDT: MR. CHAIRMAN: MR. BURKHARDT: Yes, there's a stove. ~frigerator? And a refrigerator~ And this gentleman-sludedto the fact that there ~es,. there is a bathroom. T~ere is a bathroom left? Yes. Is hasn't been ~sed for many~ many years~ We have no point in re-using 'it when. we put the~bOuse qpibeh%~..~he~e. All the work was done, predates ordinances~that'no longer permit that~ MR. CHAIRM~N: S~this property has ~ot been used by yourself as a structure for a certain'amount of time? MR. BURKHkRDT: No. Exactly. ~ had other things that demanded my interests and I used other prqp~rty in Southold,..that belonged to my family. MR. CHAIRMAN: How long would you say this property has not been used as a habitable unit? MR. BURKHARDT: Perhaps 20 years~ It was never habitable, bu~ roughly, 20 years. ~ .... MR. cHAIRMAN: Do you think that the facilities that are in there now are usable, or are they inoperable or what? MR. BURKHARDT: usable. I WOuldn't ha~e aRy idea. They could be made MR. CHAIRMAN: And there ~s. a well on the premises? MR. BURKH~RDT: Yeses& .a hand pump. MR. CHAIRMAN: S'~ there, are two -wells on the premises2 MR. BURKHARDT: Yes. ~outhold Town Board o~JAppeals -20- November30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. CHAIRMAN: Is there any electric running to this building at this time? MR. BURKHARDT: No, it's wired but there's no -- I had it discon- nected. MR. CHAIRMAN: line of questioning. application? I have no further questions. We'll pursue another Would anybody else like to speak against the G. MARINA: I would just like to add to that if I may? MR. CHAIRMAN: Surely. MR. MARINA: In my observations, there is a LILCO meter on the face of the structure facing Nokomis Road. MR. BURKHARDT: Yes, there is a meter; and as I said, it has been wired and LILCO does not remove the meter apparently when you ask to havelit disconnected. It's a matter of disconnecting it at the pole, I presume. MR. CHAIRMAN: Please, if you speak would you just state your name? ED FINCK: Can we find out when his last electric bill was? MR. CHAIRMAN: First of all, I would suggest that if you wanted to find that out that you could take the meter number off and call LILCO and they would give you that information. That is not the nature of this particular board--the history or the investigation~by this board. So, that's all I can suggest at this time. Anybody else that would like to speak against the application? Sir? MR. FINCK: I just have a question. The house that's being constructed, have ths plans for that been approved? MR. CHAIRMAN: Approved by the Building Department? MR. FINCK: The fact tha~ there's be some conjecture that it's going to be new. construction and then later on we heard it was going to be a house moved from another location. MR. CHAIRMAN: M~ Burkhardt, is. this-- MR. BURKHARDT: It's going to be constrUCted. MR. CHAIRMAN: Over on th'is side of the room, anyone wishing to speak against the application? MR. BURKHARDT: Excuse me, can I say something? MR. CHAIRMAN: Surely. S~uthOld Town Board of JAppeals -21- November~ 30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: If this man, if I can address myself to the specific question of what he's leading to in asking about the bill, I'd be happy to-- MR. CHAIRMAN: Let him go over this plan and-- MR. BURKHARDT: No mean the part of the electricity. I don't know what he was suggesting by long has it been since I've received an electric bill. I don't know what his point was. MR. ~INCK: Well, if you paid the eleCtric bill, it means the place was occupied. MR. BURKHARDT: Yes, well, electricity was used. I've admitted that. I said that was 20 years ago. MR. FINCK: Twenty years ago? MR. BURKHARDT: Roughly. MR. CHAIRMAN: Ail right, on this side of the room? MR. GAYNOR: My name is Ga~nor and I'm a resident of the Laughing Waters area. There are several_items. Even though it's prior to' years of having ( ) to the local area, the garage building (statement unclear due to background noises). Apparently not used as a garage or living quarters or for storage; therefore, i~ is not compatible with the area, in Laughing Waters. Second of all, he has a structure also, if you call it a structure-- MR. FINCK: Shed. MR. GAYNOR: Shed. Looks like the body of an old truck. MR. BURKHARDT: It's a shed. MR. G~YNOR: There's another one behind that. We're wondering what he's _going to do with that. MR. BURKHARDT: May I answer that immediately? MR. GAYNOR: I'm not done. MR. BURKHARDT: I'm sorry. MR. GAYNOR: ~p till now we can't touch, it because it precedes whatever happened, yDars~ ago, and there's nothing we can dol about it; but if he's going to put something on there now --is he going to use that structure; is he going to make it look bet~r? Will it enhance the property? The way it is now, we wouldn't be in favor of it. We object to it very strongly. MR. CHAIRMAN: Thank you,' Mr. Gaynor~ Mr~ Burkhardt? % S0uthold Town Board o~JAppeals -22- November-30, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. BURKHARDT: The shed will be going. They were there at the outset, and they're right where the house is going. After the sheds are gone, we have no need for them. There's a beautiful garage that Mr. Gifford describes so well by saying it has a picture window which is nothing more than a 2' by 3' piece of plate glass. And you gentleman can see how palatial the garage is by going to take a ride and look at it. But the out buildings are going and they're in the way of the new construction. And if I may continue, there's nothing going to be done that is not going to upgrade the property. That's my only intention. These people have no concern about anything being done to depreciate property values in general or specifically. All I'm trying to do is add a house to an existing garage which predates zoning ordinances. MR. CHAIRMAN: Thank you. Mr. Gaynor, basically some of your concerns is what I asked Mr. Burkhardt in the beginning of this hear- ing; and that was, would you object to a restriction on this as just being a storage building;, which would mean if there wsre-any utilities in there, he would basically, have to take those out. It has to remain as a storage structure. That is different however than if he attached it to his house, and that was the PUrpose of my other question, you know, would he be attaChing it to ~he house--would he object to that restriction, because then you could encompass that particular area that is now storage and encroach upon that and make it habitable area. Do you understand that? MR. GAYNOR: I understand that. What I can't understand is that he's putting a new~residence up~ I still don~t know if it's a new residence or a present~residenqe being moved over? MR. BURKHARDT: New residence. MR. GAYNOR: Why would he --he would acHually have two residences there on one piece of property? We're q_sing, the first one -- I know what you're saYing--~he electricity, water, he has all the makings or all the materials and utilities there to have the residence, and now he's putting another one. Why would he have two.of them?unless he used one for storage and the other one actual living quarters? MR. CHAIRMAN: Well, we're seeking to Sugges~"t0 hlim that he take that out as the part of this application if this board does grant it, ok? So I can assure you that any dec'~sion, if we do rendsr a decision in the favorable sense, that it will be rendered with some very strict restrictions-- MR. BURKHARDT: May I say something again. Last year around this time you granted me the minor subdivision, and at that time you specified in your variance that it not be used for anything but a garage, or words to that effect. It's a restriction in the variance which encompassed d~viding --making the minor subdivision. MR. CHAIRMAN: That's correct. MR. BURKHARDT: It's already covered. S6uthold Town Board oi~Appeals -23- November ~0, 1983 Regular Meeting (Appeal No. 3190 -'WILLI~iM BURKHARD~, continued:) MR. CHAIRMAN: Any other questions, Mr. Gaynor? (None) MR. CHAIRMAN: I hope that answers your question. MR. GAYNOR: It does. MR. CHAIRMAN: Really, there are two things I don't want. Number one, I don't want anybody to walk out of this room and have any heart problems tonight because we've had that problem also. Number two, I would really rather see neighbors'work things out than have animosity among neighbors. And I will say this. Everybody has besn extremely courteous tonight and I and the board appreciates that, and that's the way things get done. MR. BURKHARDT: May I say something? Apparently, the wording in the newspaper was a little bit too technical or something that could non be understand by someone who had not been briefed on the situation. "...Permission to construct accessory storage .... " This is what con- fused, I believe, many of these people and that they thought something was going to be constructed as an accessory building to the existing garage rather than what actually is the case that we're creating per- mission to use the garage in a position where it is not normally used. MR. GAYNOR: That wasn't really the confusing part. One of the neighbors adjacent to him, not Mr. Wood, Mr~ Bourgesson who happens not to be here and is in Florida,~had spoken to him and he told him he was moving an existing building from another area onto the land~that is presently, there. Now once you read that and get a story of that one plus you've got a set of spec's here that tells ~n~altoqether different story -- we'~ve gotten three different versions, and tha~ is what caused the confusion. One of them has to be correct and that's why we're here tonight° MR. CHAIRMAN: Can I just go over to the gentleman next to you-- did you have a question, sir~ a moment ago? MR. RusLING WOOD: Me, sir? I had just exactly what Mr. Burk- hardt said, "confusion." Absolutely. MR. CHAIRMAN: What's your name, sir? MR. WOOD: Rusling Wood. I'm his next door neighbor. MR. MALIN©: I just wanted to know if this building 'or addition will be at any time used as any kind of a business? A warehouse? Or any kind of a business? MR. CHAIRMAN: Not so far as this board is concerned. MR. BURKHARDT: And not so far as the owner is concerned. MR. LESSARD: Or the building department. S6uthold Town Board of-Appeals -24- November 3~, 1983 Regular Meeting (Appeal No. 3190 - WILLIAM BURKHARDT, continued:) MR. CHAIRMAN: MR. LESSARD: MR. CHAIRMAN: Oh, I'm glad your still there-- I've been listening here, and-- I was eluding to the fact that there were nights when Mr. Lessard was a little more linquistically oriented. (jokingly) MR. LESSARD: If you want me to try and put everyone's mind at ease, I will. The laws are very definite on the three problems you brought up. Number one, he will not build a new house until he gets the ok from the Health Department that he has on the survey; Number two, there will be only one habitable building on that property. Should down the road he decide to buy a building a move it on that property, he will have to meet the requirements of a new building. Space-wise, energy-wise, the' whole ~hing. So whatever happens when he gets done there is going to be a new house there, if he chooses to build on it. Again, the minute he wants to build a new house or whatever, all utilities that would indicate more than one dwelling that could be habitable would be removed, or he will not get his C.O. or permit. So anything other than tha~ you want to explain, I can certainly put your mind at ease in a hurry on it. MR. CHAIRMAN: Thank you. Anyone else like to speak for or against the application? MR. BURKHARDT: One final thing. I could have spoken to more than one neighbor. I spoke to one neighbor, and I could have spoken to more and perhaps clarify this. I did not. I did not see the necessity for it, and perhaps I. was mistaken by not taking everybody into account, sort of. speak;' but I can see where theyWre concerned about their property values and what I'm going to do there, and it speaks well for my community to own property where people are so__ concerned. MR. CHAIRMAN.: Thank you, Mr. Burkhardt. Heaing no further questions, I'll make a motion closing the hearing. MEMBER SAWtCKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to ClOse.the hearing in the matter of Appeal No. 3190, application of WILLIAM BURKHARDT. Vote of the Moard: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board o~-~Appeals -25- November-s0, 1983 Regular Meeting The Chairman thanked the audience for their courtesy during the time of testimony in making their objections known. PUBLIC HEARING: Appeal No. 3169. Application of RALPH AND MARY MERRILL, 3300-'26fbi-Avenue East, Estates ~27, Bradenton, FL 33508, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reseparate two substandard parcels, each with an exist- ing dwelling, .having insufficient area and width and known as Lots 41 and 42 on Subdivision Map of Laurel Part, Map ~212; also known as 600 North Oakwood Road, Laurel, NY; County Tax Map Parcels NO. 1000- 127-08-006 and 007. The Chairman opened the hearing at 8:56 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a letter from the Merrills, who couldn't make it, with their opinions; and I have a copy of a survey indicating a date ~ of August 13, 1960 indicating two parcels, Lot #41 with an existing dwelling of approximately 30' by 30'. Lot ~42 with an existing dwelling of approximately 34' by 58' with variations. And I have a copy 0f both lots, Lot ~42 is approximately 80 by 156.36' and a variation on the other side; and Lot ~41 is approximately 80 by 266.85' with variations. We also have a copy of the Suffolk County Tax Map showing this property and the surrounding properties. Who would like to be heard in behalf of this application? Mr. Celic, are you representing Mr. Merrill? ROBERT CELIC: No. MR. CHAIRMAN: Miss Wickham, are you representing Mr. Merrill? ABIGAIL WICKHAM, ESQ.: No. MR. CHAIRMAN: Ok. application? Serge? application? Anybody else like to speak in behalf of the (Nothing). Anybody like to speak against the MRS. RUTH OLIVA: I would like to ask one question. When was this subdivision legalized, shall we say? MR. LESSARD: 1929. MRS. OLIVA: Oh. Thank you. MR. CHAIRMAN: The Planning Board letter reads: "...RESOLVED, that the Southold Town Planning Board approve the set-off for the lots located at Laurel, subject to the approval of the Zoning Board of Appeals and consideration and recommendations from the Suffolk County Planning Commission .... " $outhold Town Board ¢_~Appeals -26- Novembe..~B0, 1983 Regular Meeting (Appeal No. 3169 - RALPH AND MARY MERRILL, continued:) MR. CHAIRMAN continued: Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until later in the matter of the application of RALPH & MARY MERRILL, Appeal No. 3169. Vote of the Board: Douglass and Sawicki. Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3007. Application for NORMAN J. MURRAY, by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to divide Lots 37 through 40 of Laurel Park Subdivision into two separate substandard lots located at the east side of Oakwood Road, Laurel, NY; County Tax Map Parcel No. 1000- 127-008-008. The Chairman opened the hearing at 9:00 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated September 6, 1983 indicating Parcel 1 of 56,000 sq. ft~ with a two-story frame dwelling with porch, and Parcel 2 of 33,200 sq. ft. and a one-story frame house~ and a copy of the Suffolk County Tax Map indicating this and surrounding properties. Miss Wickham, would you like to be heard in behalf of this application? ABIGAIL WICKHAM, ESQ.: Thank you. I think the application pretty much says it and if you look at the tax map we have four filed lot maps here that we're dividing only into two parcels. It's just way oversized even with the division compared with the rest of the neighboring properties. MR. CHAIRMAN: Thank you. Would anybody else like to speak in behalf of this application? ROBERT CELIC: Yes. Dr. Murray is very concerned that this be approved as soon as practicable because he has been involved with the town in terms of applications for over a year, and no determination has been finalized as of this date. So he Would be certainly happy if some determination would be made. Originally it was requested that this parcel be divided into three, and at that time I felt it was a reasonable request, but I also believe at the moment that dividing it into two is very equitable. Southold Town Board c_~Appeals -27- Novembe~J30, 1983 Regular Meeting (Appeal No. 3007 - NORMAN J. MURRAYt continued:) MR. CHAIRMAN: Thank you, Mr. Celic. SECRETARY: We do have Planning Board approval on this also. MR. CHAIRMAN: Yes. It reads: "...RESOLVED, that the Southold Town Planning Board approve this set-off as indicated on the minor subdivision of Norman Murray dated August 19, 1981 located at Laurel, subject to filing of covenants and restrictions stating no further subdivision will be made on any of the lots in the future .... " Would anybody else like to speak in behalf of this application? Anyone wish to speak against the application? Questions? (None). MR. CFaAIRMAN: I'll make a motion closing the hearing and reserving decision u~til later. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later the matter of the application of NORMAN J. MURRAY, Appeal No. 3007. Vote of the Board: Douglass and Sawicki. Ayes: Messrs. Goehringer, Doyen, Grigonis, This resolution was unanimously adopted. RECESSED HEARING: Appeal No. 3157. Upon application for DIMITRIOS PAPAGIANNAKIS, by D. Kapell as agent, 400 Front Street, Greenport, NY, fora Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, to re-divide two parcels, each having insufficient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map Parcels No. 1000-22-04-001 and 002. The Chairman reconvened the hearing at 9:07 p.m. MR. CHAIRMAN: This hearing was recessed from our August 31, 1983 Regular Meeting. These parcels are on the Stars Manor Subdivision Map made and approved by the Planning Board in 1963. In accordance with the new Local Law ~iQ recently adopted and the interpretation of Mr. Lessard since this application was filed, this subdivision is exempted from the area requirements. (MR. KAPELL was present.) MR. CHAIRMAN: I'll make a motion approving these two lots in accordance with the interpretation of Local Law #10 which was adopted October 4, 1983 exempting certain lots on maps which have received Planning Board approvals. -~ So~thold Town Board c~ Appeals -28- November q0, 1983 Regular Meeting MEMBER SAWICKI~ Second. The board made the following findings and determination: Pursuant to a July 11} 1983 Notice of Disapproval from the building inspector, applicant filed a variance to Article III, Section 100-31, Bulk Schedule, requesting the separation of two lots as they existed on the 1963 Subdivision Map ~3864 of "Stars Manor," which contain an area of .465 acres and an average of 112' frontage along Stars Road. Subsequent to the issuance of the building inspector's disapproval, the Town Board on October 4, 1983 amended the zoning ordinance by Local Law 410-1983 exempting certain lots on maps which have been approved by the Planning Board prior to May 20, 1983. It is the unanimous opinion of this board that all lots which have been approved by the Planning Board prior to May 20, 1983 since the inception of zoning in 1957, shall be considered in compliance with the area, lot width and lot depth requirements of the Bulk Schedule, in acquiescence with the building inspector's inter- pretation at the within public hearing held November 30, 1983. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3157, application for DIMITRIOS PAPAGIANNAKIS, for permission to reestablish two lots as they existed on "Stars Manor".Subdivision Map ~3864, Lots 20 and 21, BE AND HEREBY IS APPROVED RS APPLIED. Location of Property: West Side of Stars Road, East Marion, NY; Lots 20 and 21 of Stars Manor Subdivision Map #3864; County Tax Map Parcels No. 1000-22-04-001 and 002. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. $outhold Town Board ~ /Appeals -29- November J30, 1983 Regular Meeting 9:10 p.m. INFORMAL DISCUSSION: Appeal No. 3173. MIRIAM BATSON by David Kapello Mr. Kapell requested an appointment.~t~ meet with the board members in order to explain his- request for a rehearing of Appeal No. 2991 as applied in Appeal No. 3173. Mr. Kapell saidthere is a 10' difference from last year's building plan and therefore brinqs the length to a total of approximately 52 feet rather than the 4~ feet. Also, without the extra footage it would not be possible to get a turnaround area at the upper deck area where the stairs would be. The request for a rehearing dated September 29, 1983 had requested consideration of a full 11'6" deck as requested in the May 19, 1982 application. Mr. Kapell had indicated that that request is further amended, and that he would be submitting the appropriate revised maps for the board's consideration in the near future, for a 7-foot wide deck and 10-foot additlional length. RESERVED DECISION: Appeal No. 3186. Application of JOHN C. DILLER, 260 Peconic Bay Boulevard, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area of premises known as 260 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-02-1.6. (continued on page 30) Southold Town Board o~Appeals -30- Novembe~-~0, 1983 Regular Meeting The board made the following findings and determination: By this appeal, appellant seeks permission to retain a 7' by 12' tool storage shed in an area which is technically considered frontyard area pursuant to Article III, Section 100-32 of the zoning code. The accessory building is located approximately 235 feet south of Peconic Bay Boulevard and a minimum of 45 feet from the easterly side ~property line. The premises in question' fronts, along Peconic B~y 88.62 feet and along Peconic Bay Boulevard~!5.53 feet a~. shown on survey revised July 2, 1982, and is improved with a two-story, one-family framed house set back 88~.4 feet from its tie line a%ong the average high waser mark. On March 20, 1980, a conditional variance was approved in Appeal No. 2671 (McNulty) changing the layout of the lots and Planning Board conditional approval was received for same on August 20, 1980. The board members are in agreement with t~e~ applicant. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and' are sufficient to warrant the granting.of the application as noted below;' (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the c~?cumstances are unique; (4) that the relief as approved will be in harmony.with and promote the general purposes of zoning of the protection and promotion of the public health, safety and welfare; (5) that the interests of justice would be served by approy~ng the application as noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr~ Sawicki, it was RESOLVED, that Appeal No. 3186, application of JOHN C.' DILLER for permission to retain location of accessory tbol shed in the .... frontyard area,.a minimum of~45!.from the~eas~terlyi~side property line, BE ANDHEREBY IS ~PPROVED, SUBJECT TO THE FOLLOWING CONDITION: The accessory building shall not be used at-any time for sleeping/habitable purposes. Location of Property 260 Great Peconic Bay Boulevard, Laurel, NY; County Tax M~p Parcel No. 1000-14.~-2-1.6. Vote of the Board: Ayes: Mes~Srs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adoPtCd._~ Southold Town Board o~Appeals -31- Novembe~t30, 1983 Regular Meeting RESERVED DECISION: Appeal No. 3007 - NORMAN J. MURRAY. Upon application for NORMAN J. MURRAY, by Wickham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to divide Lots 37 through 40 of Laurel Park Subdivision into two separate substandard lots located at the east side of Oakwood Road, Laurel, NY; County Tax Map Parcel No. 1000-127-8-8. The public hearing on this amended application was also 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, applicant ~eeks permission to divide a 2.05- acre parcel into two lo~s_, Parcels 1 and 2 containing approximately 56,000 sq. ft. and 33,200 ~q. ft. in area, and 20.0' and 120' road frontage, respectively. Parcel 1 is improved with a two-story, one-family, framed house with ~porch; Parcel 2 is improved with a one-family, one-story framed house with small porch. The premises in question are known as Lots 37, 38, 39 and 40 of "Laurel Park" Subdivision Map 9212, dated October 5, 1925 and were conveyed to the applicant January 4, 1941. For the record-it is noted that applicant has received approvals from the Southold Town Plannings. Board dated November 7, 1983 and from the N.Y.S. DepartmeDt of Environmental Conservation, Permit ~10-82-0143 as amended October 13, 1983 for the two-lot division. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general p~rposes of zoning of the protection and promotion of the public hea!th~ safety and welfare; (5) that the interests of justice wouId be s~r~ed by approving the application as noted below. In allowing the relief requested, it is the opinion of the board that no change, w~'~l b~ made of the p~op~rty in question, since there are two existing dwellings, and that no additional dwelling units will be permitted on either parcel. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3007, application for NORMAN J. MURRAY for approval of..insufficient area and/or width ~f two parcels as shown on the sur~ey map~revised. September~6, 1983, by Roderick'VanTuyl, P.C.',~ BE AND HEREBY IS ~PPROVED, SUDJECT ~outhold Town Board o~-Appeals -32- November~ 30, 1983 Regular Meeting (Appeal No. 3007 - NORMAN J. MURRAY decision, continued:) TO THE FOLLOWING CONDITIONS: 1. Ail new construction shall comply with sideyard set- back requirements of the zoning code; 2. Each dwelling shall have a minimum of 850 sq. ft. of living area, pursuant to Article III, Section 100-31, Bulk Schedule of the Zoning Code. Location of Property: East Side Oakwood Road, Laurel; Lots 37 through 40, inclusive, of "Laurel Park" Subdivision Map 212, mapped October 5, 1925, and more particularly identi- fied as County Tax Map District 1000, Section 127, Block 008, Lot 008. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Doug- lass and Sawicki. (Chairman Goehringer abstained.) This resolution was adopted by ma~grity vote. NEW APPLICATION: Appeal No. 3193 - FRANCES D. EPP. Variance for division of property at Maple and Pine Roads, Wesland Subdivision Map Lots 108, 109, 110 and 111 at Southold. Pursuant to the January 12, 1982 set of procedures for subdivisions involving applications to the Z.B.A., the following action was taken: On motion by Mr. Douglass,. seconded by Mr. Goehringer, if was RESOLVED, that Appeal Noo 3193, application of FRANCES D. EPP be held temporarily in abeyance pending receipt of comments or approval from the Southold Town Planning Board pursuant to the January 1982 list of procedures concerning division of land. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. · Southold Town Board~j Appeals -33- November. 30, 1983 Regular Meeting RESERVED DECISION: Appeal No. 3169. Application of RALPH AND MARY MERRILL, 3300-26th Avenue East, Estates ~27, Bradenton, FL 33508, for a Variance to %he Zoning Ordinance, Article III, Section 100-31 for permission to reseparate two substandard parcels, each with an existing dwellfng, having insufficient area and width and know as Lots 41 and 42 on Subdivision Map of Laurel Park, Map ~212; 600 North Oakwood Road, Laurel, NY; County Tax Map Parcels No. 1000- 127-08-006 and 007. The public hearing on this application 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, applicants seek permission to reseparate each of the two existing one-family dwellings on a slngle and separate lot as existed as shown on the Subdivision Map of "Laurel Park," Map ~212 dated October 5, 1925, and as conveyed to the applicants by separate deeds dated April 12, 1956 and December 1, 1960 (Lots 42 and 41 res- pectively). Each of the lots would contain a minimum area of .51 acre with 80' frontage along North Oakwood Road. Applicants have received approvals from the N.Y.S. Department of Environmental Con- servation under Permit ~10-83-1119 and the Southold Town Planning Board November 7, 1983 concerning this division of property. Each parcel is improved with one one-family dwelling having a minimum floor area of 850 sq. ft. In considering this appeal, the board determines: (1) that the practical difficulties have been shown and are sufficient to warrant the granting of the application as noted below; (2) that the relief as noted below is not substantial in relation to the requirements of the zoning code; (3) that the circumstances are unique; (4) that the relief as approved will be in harmony with and promote the general purposes of zoning of the protection and promotion of the public health', safety and welfare; (5) that the interests of justice would be served by approving the application as noted below. In allowing the relief requested, it is the opinion of the board that no change will be made of the property in question since there are two existing one-family dwellings, and that no additional dwelling units will be permitted on either parcel. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3169, application of RALPH AND MARY MERRILL for permission to reseparate Lots 42 and 41 as as shown on the 1925 Subdivision Map of "Laurel Park," Map ~212, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town.Board oS Appeals -34- Novembe~ 30, 1983 Regular Meeting (Appeal No. 3169 - RALPH AND MARY MERRILL, continued:) 1. Ail new construction shall comply with sideyard setback requirements of the zoning code (for each lot); 2. Each dwelling shall have a minimum of 850 sq~ ft. of living area, pursuant to Article III, Section 100-31, Bulk Schedule, of the Zoning Code. Location of Property: 600 North Oakwood Road, Laurel, NY; Laurel Park Subdivision Lots 42 and 41, Map ~212; County Tax Map Parcels No. 1000-127-08-006 and 007. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Douglass and Sawicki. (Chairman Goehringer abstained.) This resolution was adopted by majority vote. RESERVED DECISION: Appeal No. 3181. Application of ~ROBERT A. CELIC, Main Road, Mattituck, NY for a ~riance to the Zoning Ordinance, Article UIII, Section 100-80(C) and VI, Section !.~0~60(C) for perm~.ssion to erect off, premises directional sign in this "C-Liqht Industrial" Zone at premises located at the South side of' Ma~n Road, Greenport, NY,.~ more particularly known as County Tax Map Parcel No. 1000- 053-02,026. (continued on page 35) ~outhold Town Board o~'Appeals -35- November 30, 1983 Regular Meeting (Appeal No. 3181 - ROBERT A. CELIC, continued:) The board made the following findings and determination: By this application, the applicant requests permission to locate a 48" by 32" directional sign for Celic Realtors on the west side of the lumber building, just below the present "Penny Lumber" sign. The location of the business where this sign is directional is along the south side of Route 25 in Greenport, just west of the present "Bill Ballan Ford" business. The premises has not been occupied for many years, has minimal road frontage of 50' and is improved with a very small structure, 24' by 14' In considering this appeal, the board determines: (1) that the circumstances herein are unique; (2) that the size of the premises for which this sign is directional is limited in area and it is the opinion of the board that the visible area for similar signs on this parcel is limited to the traveling public; (3) that the relief requested will not deface the landscape of the parcel in question; (4) that the relief will not change the character of this business area; (5) that the safety, health,, welfare, comfort, convenience and order of the town will not be adversely affected by the relief requested; and (6) that the relief requested will not prevent the orderly and reasonable use of permitted or legally estab- lished uses in this district or of permitted or legally established uses in adjacent-use districts. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3181, application of ROBERT'A. CELIC, for permission to locate directional siqp on the west side.of~an existing lumber company..building~48?.by 32~' in size, BE AND~HERE~Y IS APPROVED, SUBJECT TO THEFOELOWING'CONDITIONS: 1. The purpose of this size must be directional at all times in the public interest for Celic Realtors property (1000~45.-6-3), unless otherwise permitted in writing by this board; 2. Written permission from subsequent property owners, if any, for this directional sign; 3. Said sign shall not be illuminated. Location of Property in Ques'hion: South' Side Main Road, Southold Town Board of ~Appeals -36- November 30, 1983 Regular Meeting (Appeal No. 3181 - ROBERT A. CELIC, continued:) Greenport~ NY: County Tax Map Parcel No. 1000-53-2-26. Property to which sign is directional: 1000-45-6-3 (Main Road, Greenport). Vote of the Board: Ayes: Messrs. Doyen, Douglass, Grigonis and Sawicki. Chairman Goehringer abstained. Tkis resolution was adopted by majority vote. REFERRAL TO COUNTY PLANNING COMMISSION: Appeal No. 3139. On moti0n by Mr~ sa~icki, seconded by Mr. Grigonis, it was RESOLVED, t~at~Appeal No. 3139, application of ROBERT W. GILLISPIE, III and others,_be again ~eferred as to the rehear-~ng to the Suffolk 'County Planning_~o~mission, pursuant to Sections 1323, et seq. of the Suffolk lCOunty Charter. Vote of the Board: Ayes: M~ssrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATE FOR'SPECIAL MEETING: The board members agreed that December ~,' 1983 at 7:00'p.~ be tentatively set as the date for the next Special Meeting of this board, for the purpose of transacting those business matter properly~ coming before the board at that time~ APPEAL NO. 3188~ RICHARD JARZOMBEK for Raymond Pluschau. The board members asked Member DOuglass to con~act the applicant in order to determine the exact distances inasmuch as the plan submitted did not appear to be accurately scaled. NEW APPLICATION: Appeal NO. 3192. LtND~'MILLER FAULKNER for resepa~ation of two m~rged lots.at ~h~isou~hWes~,s~.d~gf.west Creek Avenue, Cutqho~ue. Pursuant to the January 13, 1982 .procedures for subdivilsions involving applications to the Z.B.A., ~he, followin~ action was taken: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3t92, applicatio~'o~-·LINDA MILLER FAULKNER be held tempqrarily in abeyanc~i, pending receipt .of ..... comments or approval from: (t) the Southold To~n Planning Board, and (2) the N.Y.S. D~partment of Environmental Conserva- tion pursuant to Section 661~·~(b)[57] of the Tidal Wetlands Land Use REgulations. S~outhold Town Board c~._~Appeals -37- Novembe]~_~j0, 1983 Regular Meeting (Appeal No. 3192 - LINDA MILLER FAULKNER: ) The premises in question fronts along Wickham Creek and each parcel has an acreage of less than 40,000 sq. ft. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. NEW APPLICATION: Appeal No. 3191. RAYMOND E. CLEMPNER (and HERBERT R. MANDEL). Variance requests as follows: (1) division of land, half to be merged with southerly parcel and the other half with northerly parcel present of M.Do Clempner; (2) accessory garage structure to be located in the front/side yard area on the northerly half of the lot to be divided. Inlet Lane Extension, Greenport. 1000'036-02-25, 26 and 24. Pursuant to the January 13, 1982 procedures for subdivisions or other lot-line applications involving applications to the Z.B.A. and the P.B., the fDllowing action was taken_: On motion by Mr. Douglass, seconded by Mr. ~rigonis, it was RESOLVED, that APpeal No. 3191, application' Of-RAYMOND E. CLEMPNER be held temp0rarily in abeyanc~I pending receipt of comments or approval from: (1) the. Southold Town Planning Board and (2) the N.Y.S. Department of Environmental Conservation pursuant to Section 661.5(b)~[57] of the Tidal Wetlands Land Use Regulations. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonls, Douglass and Sawicki. This resolution was unanimously adopted. FOLLOW-UP ON APPEAL NO. 3170 - DANIEL SHELLEY. The board members acknowledged receipt of correspondence from Gary Flanner Olsen, Esq., attorney for the applicant, indicat- ing that a new survey from Young and Young is forthcoming. On September 7, 1983, the Z.B.A. requested several items, one of which was a map of the entire right-of-way showing the legal and improved widths and lengths from Oregon Road to the proposed Lot ~2. On September 19, 1983, the Planning Board rendered sketch map approval of the May 23, 1983 Subdivision proposal with conditions. Upon receipt of the requested R-O-W map, this file-will be complete and a public hearing would then be scheduled as expeditiously as possible. Southold Town Board ~Jf Appeals -38- Novembe~f30, 1983 Regular Meeting NEW APPLICATION: FRANK SIMON and GEORGE SANBORN. The board members reviewed the within file, and the following action was taken: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to schedule the matter of FRANK SIMON and GEORGE SAN- BORN for a public hearing for the next Regular Meeting of this board, to wit, ~ecember 28, 1983, and advertised pursuant to law, subject to receiving the proper filing fee. Vote cf the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEALS NO. 1987 and 2959-GALGANO AND SCHWARTZ. ALSO NEW APPLICATION: JOHN DIVELLO for a revised 280-a. Recently, it was brought to the board's attention that a new proposal has been submitted indicating an abandonment of an existing approved right-of-way (Appeals No. 1987 and 2959) located at the east side of Westphalia Road, Mattituck. The secretary was instructed to notify the applicants in each of the above appeals, as well as those owning properties along this right-of-way, that an additional application must be made to this board requesting approval of access over the newly proposed right-of-way for each and all of those parcels abutting same. INTERPRETATION REQUEST ON "BERMS": In acquiescence of the November 28, 1983 opinion of Town Attorney Robert W. Tasker, the following action was taken in reply to the request of the Building Department for an interpretation of "berms": On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was · RESOLVED, that pursuant to the interpretation request of the Building Department of October 11, 1983, it is the opinion of this board that berms meet. the~definitionlof~a wall or a fence whichlrrelat~s to a building, and should be treated as such, under Section 100-119.1, if such berms exceeds four feet in length and above four feet in height. Vote cf the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. DATE OF NEXT REGULAR MEETING: Tuesday, December 29, 1983 at 7:30 o'clock p.m. at the Southold Town Hall, Southold, New York. Southold Town Board of Appeals -39- Novembe~'~0, 1983 Regular Meeting APPROVAL OF. MINUTES: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to approve the October 27, 1983 Regular Meeting minutes of this board. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. PENDING DECISIONS: Appeals No. 3119 i~nd 3120 - WARREN AND ELLEN HUFE~ The~public hearinq~ on these m~tters were held on October 27, ~983~ at which time testimony was taken and the h~aring was closed pending receipt of information to be supplied by Mrs. Hefter and pending an additional on-site inspectio~by this board. On Novem- ber 16, 1983, Mrs. Hefter forwarded to the Z.B.A. copies of the information pertaining to the prior zoning on this parcel. Mr.s. Hefter has also requested an inspection of the board to be post- poned until mid-December at the request of her clients, who were away. A tentative, date of Saturday, December 17, 1983 at approximately 9':30 a.m. was agreed to for the inspections. ENVIRONMENTAL DECLARATIONS (SEQRA): Pursuant to Part 617 of the implementin~ regulations pertaining to Article 8 of the N.Y.S. Environmental Qualit~ Review Act of the Environmental Conservation Law and pursuant to Local Law ~44-4 of the Code of the Town of Southold, the following NegatiVe Declarations were declared on each of the following matters for the reasons indicated below: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to declare Negative Declarations as required by S.E.Q.R.A. on each of the following applications before this board: (continued on page 40) S6uthold Town Board of<kppeals -40- November 3~, 1983 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3189 PROJECT NAME: THOMAS YASSO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should no~ 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: Storage building on abutting premises of beverage distributorship in this B-1 Business Zone. LOCATION OF PROJECT: Town of Sou~hold, County of Suffolkr more particularly known as: South Side Main Road, Mattituck, NY. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The premises in question is not located within 300 feet of an environmentally Critical area; Southold Town Board of Appeals -42- (Environmental Declarations, continued: ) November 30, 1983 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: 3170 DANIEL SHELLEY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project no~ to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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 pro3ect. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance and approval of access_.for two proposed parcels, 1.766 and 2.106 acres, respectively. Off Oregon Road, Cutchogue. LOCATION OF PROJECT: Town of Sou~hold, County of Suffolk, more particularly kngwn as: R-O-W off Oregon Road, Cutchogue, NY. REASON[S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no .significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The buildable area of each of these parcels is at above 10' above mean sea leve!~ ~ (3) The relief requested by this app.lica~i~n is not directly related to new construCtion. Southold Town Board of Appeals -43- November 30, 1983 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3192 PROJECT NAME: LINDA MILLER FAULKNER This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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 simil&r project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Area and width variance for two proposed parcels. LOCATION OF PROJECT: Town of Sou~hold, county of suffolk, more particularly kngwn as: West Creek Avenue~ Cutchggue, NY. REASON[S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2,) The relief requested by this application is not directly related to new construction. Southold Town Board of ~ppeals -44- November 3~~, 1983 Regular Meeting (Environmental Declarations, continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: PROJECT NAME: This not regulations pe Quality Review Law #44-4 of t This boar cant adverse e below. 3191 RAYMOND E. CLEMPNER ~e is issued pursuant to Part 617 of the implementing rtaining to Article 8 of the N.Y.S. Environmental Act of the Environmental Conservation Law and Local ne Town of Southold. determines the within project not to have a signifi- ~fect on the environment for the reasons indicated Please ta~e further notice that this declaration should not be considered a dgtermination made for any other department or agency which may also,have an application pending for the same or simil~i project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (1) D'ivision of lot, ~each half to be merged with each abutting parcel on the north and south; (2) accessory gara.~e in the front/side yard areas. LOCATION ~)F PROJECT: Town of Sou~hold, County of Suffolk, more particularly k~!gwn as: E/s Inlet Lane Extenslon~ Greenpq~t. REASON(S) SUPPORTING THIS DETERMINATION: (1) An E~vironmental Assessment in the short form has been submitted whic] indicates that no significant adverse effects to the environmen' are likely to occur should .this project be imple- mented as plan]led; (2) Proposed new construction (garage) is landward of existing structures; (3) Creation of lot line as reqUested~would enlarge existing parcel on the north and existing parcel on the south, each with existing one-family dwellings and would not permit additional residential unit on either lot thereby not requiring additional cesspool, etc. ~outhold Town Board ~f-Appeals -45- November ~30, 1983 Regular Meeting (Environmental Declarations, continued:) ~proved - GERARD P./~OEHRINGER il/ /Q /84 CHAIRMAN/ Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. REFERRALS TO COUNTY PLANNING COMMISSION: The following matters are pending referral to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter: (a) Appeal No. 3119 - WARREN AND ELLEN HUFE. (b) Appeal No. 3120 - WARREN AND ELLEN HUFE. (c) Appeal No. 3139 - ROBERT W. GILLISPIE, III and others (d) Appeal No. 3181 - ROBERT A. CELIC. (e) Appeal No. 3180 - NICK AND ANNA ANDRIOTIS. (f) Appeal No. 3186 - JOHN C. DILLER. (g) Appeal No. 3185 - SUFFOLK COUNTY NATIONAL BANK. (h) Appeal No. 3188 - RICHARD JARZOMBEK. for RAYMOND PLUSCHAU. (i) Appeal No. 3169 - MR. AND M_RS. RALPH MERRILL. (j) Appeal No. 3007 - NORMAN J. MURRAY. The secretary shall refer copies of the entire file of each of the above applications to the Suffolk County Planning Commission in accordance ~herewith. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10:55 p.m. Respectfully submitted, Kow ary Southold Town Board of Appeals