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HomeMy WebLinkAboutZBA-06/01/1978 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN ROBERT BERGEN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 TELEPHONE 765-2~x '1802 MINUTES Southold Town Board of Appeals June 1, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (D.S.T.), Thursday, June 1, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman, Robert L. Bergen, Charles Grigonis, and Serge Doyen, Jr. The following resolution was adopted by the Southold Town Zoning Board of Appeals at a regular meeting upon motion, by Charles Grigonis, seconded by. Robert W. Gillispie, Jr.: WHEREAS, the Zoning Board of Appeals of the Town of Southold has learned with deep sorrow of the death of James Maimone, member of the Zoning Board of Appeals, and WHEREAS, the Board wishes to express its appreciation of the services rendered the Town of Southold by James Maimone during recent months as a member, and NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals of the Town of Southold hereby gives formal expression of its loss in the death of James Maimone, and be it further i . RESOLVED, that when the Zoning Board of Appeals adjourns tonight, it do so out of respect to the memory of James Maimone, and that a copy of this resolution be transmitted to the family of James Maimone that we may extend to them our sincere sympathy. Vote of the Board: Ayes: Robert W. Gillispie, Jr., Chairman, Robert L. Bergen, Charles Grigonis, and Serge Doyen, Jr. ApPP, OV,f-D * * * ..SOfT,OLD TOWN BOARD OF APPEALS -2- June 1, 1978 PUBLIC HEARING: Appeal No. 2416 - Upon application of John and Avis Zazecki, Sunset Way, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Location of property: Sunset Way, Southold, New York: Lot No. 178 on Map 90 of Cedar Beach Park. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publi- cation in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Grace Hills and Lawrence Simon. Fee paid $15.00 THE CHAIRMAN: The copy of the County Tax Map shows that the applicant is the second plot on a u-shaped driveway. The westerly boundary is Sunset Way and the easterly boundary is Sunrise Way and the lot extends the full d~pth between the two streets. Is there anyone present who would like to speak for this application? MR. JOHN ZAZECKI: There does not seem to be much to say except that we need the shed for lawn mowers since we do not have any garage. We would like to put the shed on Sunrise Way since it would face vacant land and not distrub the neighbors. MR. GRIGONIS: Which is the front of your house? MRS. ZAZECKI: Sunrise Way is the street the front of our house faces on. But the neighbors would not have to look at the shed if we put it there. THE CHAIRMAN: Does anyone else wish to speak for this application? (there was no response) Does anyone wish to speak against this appli- cation? (there was no response) After investigation and inspection, the Board finds that the applicant requests approval to place an 8 foot by 10 foot shed in the front yard area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of this Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that John and Avis Zazecki, Sunset Way, Southold, New York, be GRANTED permission to place a storage shed in the front yard. Location of property: Sunset Way, Southold, New York, Lot No. 178, on Map 90 of Cedar Beach Park, subject to the following conditions: (1) Shed shall be placed 30 feet back from the road. (2) Shed shall be placed 3 feet from side yard line. ..SOU~HOLD TOWN BOARD OF APPEALS -3- June 1, 1978 Vote of the Board: and Doyen. Ayes: Messrs: Gillispie, Bergen, Grigonis, P~BLIC HEARING: Appeal No. 2417 - Upon application of Robert Kowalskl, Pine Neck Road, Southold, New York, as agent for Stefania Zazecki, (George C. Stankevich, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient road frontage. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Ulrich and Lademan; east by Smith; south by Pine Neck Road; and west by Smith and Trunce. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits of publicating attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. G. Herbert Smith, Mr. and Mrs. C. Gray Smith, Mr. and Mrs. Joseph Mailes, Ms. Charlotte M. Smith, Mr. and Mrs. Victor B. Trunce, Mr. and Mrs. John Lademan, and Mr. Joseph Ulrich. Fee paid $15.00 THE CHAIRMAN: If this property is divided equally on Pine Neck Road, there would be approximately 119 feet in each lot. If you did this, I guess the acreage would come out about the same in each one. MR. BERGEN: There is a little jog in there, isn't there. So the west lot would have a little more. THE CHAIRMAN: Except that the west lot has a jog that goes back behind Ulrich. In other ~words the northerly part of that dimension doesn't extend. If you divided these equally 119 frontage in each, you would have roughtly the equivalent probably. The west lot would have more. Is there anyone who wishes to speak for this application? It seems that it is clear enough. Do you have anything to add to this? Does it make a difference to you how it is divided? MR. ROBERT KOWALSKI: The west lot is to have 120 frontage and the rest divided equally. She wants the lines all the way back form the road to the end of the property. The length of the property is 380 feet. THE CHAIRMAN: It looks as though the two easterly lots will be approximately 46,000 square feet each. Is that the way you figure it? MRS. KOWALSKI: That is right. TF~E CHAIRMAN: With this type of division, it means that there will be slightly more acreage in the westerly lot. Is there anything else? Does anyone wish to speak against this application? .~OUTHOLD TOWN BOARD OF APPEALS -4- June 1, 1978 MR. JOHN LADEMAN: I would like to speak. I am not for or against it at this time. THE C~IAIRMAN: I should explain one thing. Based on Town Counsel's advice, we are holding this hearing on a 3 lot subdivision which is technically the work of the Planning Board. We have not been able to figure out how to do this smoothly so what we are going to do is suggest what you want, what we want or think is reasonable, if they agree, then it will be a subdivision. MR. LADEMAN: I have known the family for more than 30 years. I own the property to the north. I am not against it at this time. All I want to find out is how they intend to put houses. THE CHAIRMAN: I think that is a little bit premature. have to designate how they are going to locate the houses. Zoning ....... They do not According to MRS. KOWALSKI: There is going to be a house only on the easterly lot. The other lots are not going to be sold. They are going to be kept in the family. THE CHAIRMAN: It would have to be the average setback from Pine Neck Road. Or they could go back a little further. They would have to have, in the case of a narrow width like this have at least 25 foot side yards, 10 feet and 15 feet. Normal size backyards. I do not think that there would be anything disturbing about the way they could locate the houses because they would have to do it under zoning. It would be prescribed where they could locate. If we knew who the other buyers were. MR. LADEMAN: It is strange, the application is to split it into three parcels. Now they (the Kowalski's) tell me they are splitting it into two. MRS. IRENE KOWALSKI: She is only giving them a lot. She is not going to do anything with the remaining land. THE CHAIRMAN: I guess she is going to give them a lot. She wants to divide it three lots. Would you rather that this only be divided into two lots? MRS. KOWALSKI: No, she is going to sign them over one acre, but wants the other two lots to stay the way they are. THE CHAIRMAN: So in the future, she could sell the other two lots. We do not have to know that. We just have to know where the lines will go. I think we understand that now. Is there anyone else present who wishes to speak against this application? SOUTHOLD TOWN BOARD OF APPEALS -5- June 1, 1978 After investigation and inspection, the Board finds that the applicant requests approval to subdivide an excessively large parcel of land into three parcels. The findings of the Board are that it is an excessive hardship to have a parcel of land with this size and footage and frontage in the Town of Southold, and that this will not change the character of the neighboring district. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and the adjoining use districts will not be permanently or sub- stantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Kowalski, Pine Neck Road, Southold, New York, as agent for Stefania Zazecki, be GRANTED permission to divide property with insufficient road frontage. Location of Property: Pine Neck Road, Southold, New York, subject to the following condition: The applicant receive the approval of the Planning Board to divide parcel into three parcels, each of which will have more than 40,000 square feet. The westerly parcel will have 120 feet road frontage and the remaining two lots will each have 119 feet. The new lot lines shall be parallel to the easterly line of the 3.4 acre parcel to be divided. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2414 - Upon application of William C. Rose, 39565 Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35A to construct a five (5) foot fence in the front yard. Location of property: Main Road, Orient, New York, bounded on the north by Orient Realty; east by William Rose; south by Main Road; and west by Duvall. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Orient Realty Co. and W. C. Duvall. Fee paid $15.00. THE CHAIRMAN: The County Tax Map indicates that the horses are to be grazed on the small yard which is rented by the Rose's and some land owned by the Rose's. The fence will be open type, five (5) feet high with two (2) horizontal rows of 2 x 6 rails. Are you going to have 3 horses? Who gave you this application? WILLIAM C. ROSE: George Fisher or Pam Schineller. THE CHAIRMAN: I was just wondering how you applied for the fence here. I thought it was on the application. .~SOU'THOLD TOWN BOARD OF APPEALS -6- June 1, 1978 MR. ROSE: The land to be used totals just under 4 acres. I think it is 3.7 acres. THE CHAIRMAN: You have to build a fence high enough so a horse will not jump over it. I have seen a horse jump a five foot fence MR. ROSE: If a horse can jump this fence, he is a good horse. What I am most concerned with is if he leans over and tries to graze on the road side of the fence. ~ THE CHAIRMAN: What are you going to use to build the fence? I suppose have looked into electrical fences? They are lousy. MR. ROSE: I am going to use 2 x 6 rails. MR. GRIGONIS: Where will this fence be located? MR. ROSE: It shows on the diagram. Do you have it there? The x's represent the fence. If the owner of the rented property ever wishes to sell her portion of the fenced area, then I will just remove those posts from her land. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response) After investigation and inspection, the Board finds that the applicant requests permission to erect a five (5) foot fence in the front yard. The findings of the Board are that the area which the horse will be grazed on totals about 4 acres. Three (3) horses will be grazed on the land. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Grigonis, seconded by Mr. Gillispie, it was resolved that William C. Rose, 39565 Main Road, Orient, New York, be GRANTED permission to erect a five (5) fence in the front yard. Location of property: Main Road, Orient, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and Doyen. , , , PUBLIC HEARING: Appeal No. 2418 - upon application of Zan Diakos, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-$0 and Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient width and area. Location of property: Lots No. 17 and 18 on Map No. 3864, Stars Manor, East Marion, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. · .SOFTWOOD TOWN BOARD OF APPEALS -7- June 1, 1978 The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Mrs. and Mr. Emmanuel Ayvas, D. Papagiannakis and Andrew Dzenkowski. Fee paid $15.00 THE CHAIRMAN:The County Tax Map indicates that Stars Road on the westerly side going north from the Main Road is divided into a series of lots of more or less uniform width ranging from 115 to 120 feet. This particular lot which they are asking division on is 227 feet. The one next to it on the north is 112, 111, 113. Across the street some of the lots are a little narrower. Is there anyone who wishes to speak for this application? FREDERICK J. TEDESCHI: I would, I am Frederick J. Tedeschi, Main Street, Greenport. The only reason the application is necessary is because the map of Stars Manor is not one of those which is excepted by our Zoning Code similiar to Marion Manor or Eastern Shores. I would like to point out since I filed the application I have found the Town is taxing it as two separate lots. Lots 17 and 18 on Map of Stars Manor. As you correctly pointed out, most of the lots in this development are of similar or some of less size. The ones across the street in the Schroeder development are small. - very narrow. So I would respectfully ask that the application be granted. THE CHAIRMAN: Is there anyone else who wishes to speak? KIM DZENKOWSKI: I came up here just to find out exactly what they did want to do. The only clarification I wish to make sure that they just want to sell the lots as they are mapped out. THE CHAIRMAN: I think that is what they state in the application? MR. DZENKOWSKI: The division itself is illegal. It was just mapped out. It is not a subdivision. THE CHAIRMAN: It says here that it is. It is just not one of the excepted subdivisions. MR. DZENKOWSKI: It is an approved subdivision? THE CHAIRMAN: Oh yes. What they mean by excepted is you take Gardiners Bay Estates. It existed long before Zoning. You have a 30 foot road and 50 to 60 foot lots. There are alot of places in the Town listed in the Ordinance, where they are excepted, 3 acres or whatever kind of Zoning we went to would not effect these lots. There are some subdivisions that are undersized. I think this one was created in the early 60's. MR. TEDESCHI: 1963. THE CHAIRMAN: That was after the first ordinance where they excepted. I hope that it explains this to you. MR. DZENKOWSKI: That explains all I really wanted to know. THE CHAIRMAN: That is why they had to come in here. SOUT~OLD TOWN BOARD OF APPEALS -8- June 1, 1978 MR. TEDESCHI: This is what we want to do. We just want to retore it to what it was. THE CHAIRMAN: Is there anyone else who needs some clarification? If not, I assume we are all well-informed. After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area. The Applicant is the owner of two lots which are stilled billed to him as two separate lots by the Town Taxing Authority. These two lots are similar in size and shape to 3 lots to the north and at least 5 to the south. Perhaps a dozen across the street on Stars Road. To the east they are slightly smaller. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Bergen, seconded by Mr. Grigonis, it was resolved that Zan Diakos, c/o Frederick J. Tedeschi, 403 Main Street, Greenport, New York, be GRANTED permission to divide parcel into two lots. Location of property: Lots 17 and 18 on Map No. 3864, Stars Manor, East Marion, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2415 - upon application of Robert Heins, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 B(1) for permission to convert existing one-family dwelling into a two-family dwelling. Location of property: Knapp Place, Greenport, New York, bounded on the north by Knapp Place, east by Clarence Begley; south by M. Straussner; and west by Main Street. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to the publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Clarence Begley and wife and Estate of Marjorie F. Straussner. Fee paid $15.00. THE CHAIRMAN: The County Tax Map shows that this house and plot is located On Knapp Place, Greenport, New York. To the east of this plot there are a number of small lots running to Sterling Place. There are other small lots in the next block to the east. Smaller lots across the street, some of which are 40 feet, 80 feet, 50 feet. This lot figures out to 13,800 which is approximately 1/6 of the present requirement area wise for a two-family dwelling in the Town of Southold. Is there anyone present who wishes to speak for this applicaiton? FREDERICK J. TEDESCHI,ESQ: I would, Mr. Chairman. I would like to point out that after a little searching historically. I find that ~'SOUT~OLD TOWN BOARD OF APPEALS -9- June 1, 1978 originally there were two, one-family houses on this plot. So that historically, we did have a two-family situation on this 13,800 square feet. THE CHAIRMAN: You mean it disappeared? MR. TEDESCHI: Burned down. early 60's. Several years ago. In the late 50's THE CHAIRMAN: Was it located on the corner? MR. TEDESCHI: Yes, THE CHAIRMAN: This lot was in common ownership? MR. TEDESCHI: I believe it was. This is what I have been able to ascertain by asking some of the old timers around. Now, as you probably know, you made a visit to the site. Right next door there is a small garage and a vacant lot. Immediately to the south of that is a gas station. One lot removed has a trailer in the rear. Half a block away~ we have a monumental works. Across the street is, and this is on informa- tion and belief, the house immediately across the street is a two-family house. 110 north, second house away from this is a house, district 1000, section 034, block 02, lot 19, under the ownership of Paul Kayser, I understand that just got a variance for a two-family. THE CHAIRMAN: From here, no. Maybe the Village MR. TEDESCHI: From here, we are all outside the Village. THE CHAIRMAN: We had an application. The only two-family house application we have granted have been on 80,00 square feet. All the others have been denied except the one in Orient where there was an unique situation. There were two houses which were joined by a porch and used a common cesspool system. It was inflicted with a driveway which was the only right-of-way for 12 lots on the sound. All of these factors taken into consideration, where the place had been abandoned for 17 years caused us to overlook and make a special exception variance in this case. This is the only one we have done under 80,000 square feet. Now the 80,000 square feet is based on water studies done for the Town of Southold. It is ...... MR. TEDESCHI: We have Village Water. THE CHAIRMAN: You have Village water, but you do not have sewage. MR. TEDESCHI: It doesn't matter. THE CHAIRMAN: The sewage ends at the Village line. MR. TEDESCHI: It is not contaminating anybody's water, though. THE CHAIRMAN: No, but the way our Ordinance reads is that unless you have Village, I mean public water and sewage .... We have had alot of these around Greenport and Southold, some in Mattituck. ~.SOUTHOLD TOWN BOARD OF APPEALS -10- June 1, 1978 Because of breaking that 80,000 square feet we would be the recipients of requests from everybody. MR. TEDESCHI: it elsewhere. You made one exception in Orient you have to make THE CHAIRMAN: No, we do not consider it that way. MR. TEDESCHI: Especially where there were two houses on this plot originally MR. BERGEN: This was before they heard of zoning. THE CHAIRMAN: No, they had heard of zoning. You say this was 19587 MR. TEDESCHI: In the late 50's early 60's. Within a block and a half of this 837 Main Street, 742 Main Street, 754 Main Street, these are all two families within the Village. THE CHAIRMAN: That may be. MR. TEDESCHI: So we are not changing the area or the community in one iota. THE CHAIRMAN: The only thing that is being violated is space requirement. As applied to the concept of density. MR. TEDESCHI: We are not increasing the density because there were two houses there. THE CHAIRMAN: Twenty years ago. Before the study was made. The Pirnie water study was made in 1965. Before that people were not aware of the constraints existing in the Town of Southold due to our limited water supply. At that time we had rented as many places in town. It became obvious that the Pirnie water study and the others that followed it were quite valid as far as salt water content were concerned. MR. TEDESCHI: What is the basis where you have city water? The water study doesn't apply where we have city water. THE CHAIRMAN: We have applied it that way. MR. TEDESCHI: You have pure water ostensibly from the Village of Greenport. THE CHAIRMAN: Ostensibly. Where do they get it from? They get it from the citizen of East Marion, from Southold, and if Greenport, or the waterline were extended indefinitely presumably you could have a dense area on the whole water system, which would negate all of the other zoning advantages of the Town. When you extract water from other sections of the Town such as East Marion which has a very fragile water supply. Not more than a footed dome at the peak. East Marion has already been restricted by the canal which was built more than a half a mile from the points. As you may know within a year, the next year was dry after they SOUT~OLD TOWN BOARD OF APPEALS -11- June 1, 1978 built the canal. We were beginning to get salted water and we had to reduce pumping at the East Marion water station which was three-quarters of a mile from the canal. We are very conscious of not further increasing density. MR. TEDESCHI: How can you justify it in one place and not another? THE CHAIRMAN: I think in Orient we had a clear case of a unique situation. For instance the lots in back of this property through which the right-of-way runs, 6 or 8 of them are 2 acre lots. It is also situated on the prime aquafer of Orient. The deepest part of the water supply. I used to work across the street so I know what I am talking about.at this location. Those are some of the reasons. Of course we knew when we did it, we would be in trouble with many people who would want make two family houses. So this is obviously the first time we are trying to defend it. MR. TEDESCHI: The point is that particular lot did not have the 80,000 square feet. THE CHAIRMAN: No it did not, We did make the exception because there were two existing houses, one of which had a hole 5 feet deep on the north side. You couldn't see it. Kids had gotten in there. They were stumbling around. It was a nuisance. MR. TEDESCHI: It should have been torn down. THE CHAIRMAN: There is no demolition ordinance in the Town of Southold. As you may know. Otherwise some places would have been torn down. Including alot of old barns. MR. TEDESCHI: Like the Oriet Point Inn. THE CHAIRMAN: Or like that old house on the North Road. Or the old Inn down by the bridge in East Marion. It looks as though it was bombed out. MR. TEDESCHI: The point is you still made the exception on less than 80,000 square feet. If you give it to one and deny it to another, I think that is discrimination. THE CHAIRMAN: I think you are entitled to your opinion, sir. MR. TEDESCHI: I am entitled to say it, too. THE CHAIRFu~N: You certainly are. We don't think so. At least I don't think so. I don't know how the rest of the board feels. MR. TEDESCHI: I gathered that. But if we did not have city water, I would be the first to agree with you. I know as a fact that these other houses are two-family houses, used as two-family houses. They may not be legal. ..SOUT~OLD TOWN BOARD OF APPEALS -12- June 1, 1978 THE CHAIRMAN: They precede zoning. MR. BERGEN: They are in the Village of Greenport, aren't they? MR. TEDESCHI: I am referring to outside the Village. They maynot be legally two-families. THE CHAIRMAR: I think we denied one about a block away a couple of years ago. On the same side of the street. MR. TEDESCHI: I have to take them on their word that it was denied. (talking to Mr. and Mrs. Heins) THE C}~IRMAN: If there are two family houses down there, they have undoubtedly been there for a long time. This board is not an enforcing agent, either. If someone is doing something illegal, it is not us that is involved in enforcing it. Complaints should be referred to the Building Department. MR. TEDESCHI: I just want to point out that there are some. I am not complaining. We are not changing the character of the neighborhood, the community or the area. THE CHAIRMAN, But I am sure you will be the first to agree that if this is objectional from the Town of Southold standpoint that the fact that some of this existed prior to the present law is no reason augment it from now one. F~. TEDESCHI: I could only agree if we had well water. THE CHAIRMAN: If you were on the other side. MR. TEDESCHI: I am an advocate. If I were paid to oppose it, I am sure I could find many arguments against it. Where I would agree with everything you said, except where you have city water. A municipally supplied city water. THE CHAIRMAN: I am perfectly aware tha~ you have city water. I specifically brought this to the attention of Town Counsel, and asked him if his opinion reinforced mine. I asked if this added anything or not. He did not think it did. MR. TEDESCHI: He and I differ often. · HE CHAIRMAN: I might say that I differ with him to. But he is guy who Ss paid to defend me if you take me to court. MR. TEDESCHI: That may very well be, sir. I still would not present this application if it weren't for the fact that we have Village of Greenport water. As I found out historically there were two families in two separate dwellings similar to the one the Chairman has indicated in Orient. In the other case, the house was dilapitated and still standing. In this case I am sure if we dug it up we would see the foundation. ~' SOUl'OLD TOWN BOARD OF APPEALS -13- June 1, 1978 Whether you make the distinction based on the fact that there is an old wreck standing there and here there isn't, that I cannot argue with. THE CHAIRMAN: In our case, we did. I do not know if you are aware or not. At some of these educational meetings, you went to some. We had the Chairman of the Board of Appeals of Islip. Their hearings run until 2 a.m. at night. And they run weekly. They have a full time staff. They have people who do nothing but tear down signs. One of the biggest problems they have in Islip is people who have died and originally who had 2 or 3 families in some of these old houses. Now claim, the new owners, they can have a three-family multiple dwelling house out of it. Islip is already so constrained, so tight, that just adding one more family is fatal. In their town they never changed the area requirement. In our Town, we did. MR. TEDESCHI: I do not believe that we are changing the density here at all. Historically there were two, one-family houses on this property. THE CHAIRMAN: But the situation has changed since the house burned. MR. TEDESCHI: Has the situation changed since the house in Orient deterioted? THE CHAIRMAN: Yes, The house existed in Orient. MR. TEDESCHI: It was a shell. THE CHAIRMAN: Shell, and there was no demolition or anything else. So what are you going to do. The Board of Appeals took the bull by the horn. MR. TEDESCHI: I think that there is one other very important factor that you are all overlooking. These people need housing. The only way they can afford a house in this era of inflation is with the aid of the upstairs rent. We should lose track of the human element here. THE CHAIRMAN: I agree. MR. TEDESCHI: Sometimes we allow our zoning laws deter us from the humanities of the situation. THE CHAIRMAN: I agree 100 percent. But this is the wrong form. The Town Board makes the ordinances. MR. TEDE$CHI: You make the exceptions. THE CHAIRMAN: We have occasionally made exceptions. It is impossible as you know to set forth elaborate series of ordinances without having to make some exceptions. Judges do it all the time. All over the country. The legislatures are not the ones who make the laws, it is the judges. MR. TEDESCHI: We feel what was good for the couple in Orient is good for my couple right here. Especially in view of the fact that we have something that they didn't have. We have city water. We do not have a nitrate problem with fertilizers, etc. They probably do up there. .sOUT~OLD TOWN BOARD OF APPEALS -14- June 1, 1978 Knowing the Orient water. I would submit all these facts respectfully and ask for a favorable decision on the application. THE CHAIRMAN: I am perfectly willing to explore it further to show you that we do not have closed minds about it. In fact I feel a little bit the way you feel. If you want to take a postponement. MR. TEDESCHI: Anything that will give these people some relief, and I appreciate your offer. THE CHAIRMAN: One of the problems I know is the lack of housing reasonably priced. MR. TEDESCHI: I usually do not agree with Mr. an editorial which I would commend to your reading. you and at your leisure you can read it. It is an houses. The crying need for some families to have so they can have a home. Willmott, but I have I will leave it with article on two family this type of dwelling THE CHAIRMAN: Mr. Willmott doesn't have to sit here. MR. TEDESCHI: And he doesn't have to present cases to you either. THE CHAIRMAN: Is there anyone else who would like to speak on this application? MRS. JAMES DELAHANTE: I would like to make one comment. I can fully comprehend your awareness of the density. He keeps referring to this city water. Where does the city water come from? It comes from the same water table. No matter how you slice it. City water or no. We have an overly populated area now, and anymore density will only make our water problem more acute. Anywhere on this north fork. THE CHAIRMAN: That is your opinion that we have an over population. Actually Mr. Pirnie's opinion is that we could accommodate twice our present population year round. That is neither here nor there. It is just another opinion. An expert one. MR. TEDESCHI: We don't want to bring any more in, we just want to resettle a few. MRS. DELAHANTE: I am just concerned with the water problem. My husband and I have done a great deal of study on it for about 10 years now. THE CHAIRMAN: Are you familiar with the Coastal Zone Management Studies that have been made. MRS. DELAHANTE~ Not as much as my husband. He has gone to quite a few Meetings, and he is more more up on this than I am. THE CHAIRMAN: Five million dollars was given to Nassau and Suffolk Counties, and at the Planning Department I have had the whole thing explained to me by these many experts. We may be able to avoid sewering .souTHOLD TOWN BOARD OF APPEALS -15- June 1, 1978 here on the eastern end of Long Island. We better avoid sewering because nobody can afford it. The people in Babylon cannot pay for what they have started. Sometimes when you bring up some these questions the experts don't have the answers either. Yes sir, the applicant. MR. ROBERT HEIN$: I am 45 years old. I am finally getting myself together, and I am trying to get a house. I need an income to help pay for that house. That is all I am after. Something to help me get going. THE CHAIRMAN: Do you know what the judge would say. We are not judges here. Everybody is inflicted with financial hardship. So you are not an exception. All of us sitting here have financial hardships. Even Mr. Tedeschi probably has financial hardship. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was resolved to reserve decision on the application of Robert Heins, Main Road, Orient, New York, until the June 15, 1978, meeting at 7:30. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2422 - Upon application of Drossos Restaurant, Route 25, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 30 c 6 (f) for permission to erect off premises sign. Location of property: West side of Albertson Lane, Greenport, New York, bounded on the north by County Road 27; east by Albertson Lane; south by Colony Road; and west by Shorecrest Subdivision. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: J. Holahan, A. Pappas, J. Cornell, and J. Poliwoda. Fee paid $15.00. THE CHAIRMAN: There is a letter from Jeffrey S. Feber, Controller, Arshamomaque Associates addressed as follows: Mrs. P. Zeller, Drossos Restaurant, Route 25, Greenport, New York, Dear Mrs. Zeller: I have consulted with the owners on this date regarding your request to place a directional sign on our property at Albertson Lane in Arshamomaque. Please be advised that, subject to your obtaining all necessary legal permits, we hereby give you permission to place the sign on our property. The location of this sign is clear enough. The southwest corner of the intersection of Albertson Lane and County Road 27 (North Road). Is there anyone present who wishes to speak for this application? (There was no response) Is there anyone who wishes to speak against this application? MR. BERGEN: I believe this sign has already been put up. It is a disgrace to the Town the way it is put up. The paint is hangln~ half gone. If that is the kind of sign they want to put up, I would not give them permission to do so. Also, it is partly on the road. · SOUThoLD TOWN BOARD OF APPEALS -16- June 1, 1978 JAMES ZELLER: I am Patricia's husband. The sign had fallen down at the other location. I told a young fella, the dishwasher, to move the sign and put it up. I told h~m he should not have moved it to the new location. He should have Just stood it up. I have one more thing I would like to say this evening. We were talking to Robert Ketcham, the sign painter. Should we take the whole sign out, start with a new one. Or should we reface it. We certainly have no intention of leaving the sign up in that condition. It wouldn't be beneficial to us. MR. BERGEN: I sure w~uldn't. THE CHAIRMAN: It hurts you more than it helps you to have that sign there. Of course you are not alone. Alot of signs tend to deteriorate. Sign painters charge quite a bit of money. But there are a couple of other points to be made about the sign. It was improperly located. It should be at least five feet from the property line. Now tke County Road line is different from what it looks like. You will generally find that the pole is inside the road line, by three or four feet. What that is in that particular spot, I don't know. Jack Levin probably does for he has stuff all over the road there. The other thing is that the sign should be located 30 feet from the intersection. The reason for that is very simple. So as not to block the intersection. Also it should not be more than 4 feet by six feet, the area permitted for a directional sign. Our ordinance does not permit any off-premises sign, but the Board over the years has established the policy of permitting directional signs in the interest of the travelling public for restau- rants, a place to sleep, and a place to amuse yourself. This does not cover banks or alot of other people who would like to have directional signs. So you have a privilege which is denied to many other businesses in the Town, and you certainly should respect it by putting up a decent sign. MR. ZELLER: It is not our intention to abuse that privilege. THE CHAIRMAN: Nobody likes to look at signs anyway. MR. BERGEN: That sign would be better down than up the way it is. MR. ZELLER: This is just something that happened that way. We may be building a completely new sign. MR. BERGEN: It sure needs it. THE CHAIRMAN: Signs have been classified as visual pollution. There are other kinds of pollution. I do not know how long it is going to take you to remove this sign. And you ought to send somebody besides a kid out to put up the sign. If you don't believe me, wait until you have a law suit becauase the sign is in the County Road bed. MR. ZELLER: We thought it was an eyesore the way it was laying down. I told him to put it back up, and he misunderstood and put it where it is now. MR. BERGEN: Even so, better lay it down the way it looks now. sOUTHOLD TOWN BOARD OF APPEALS -17- June 1, 1978 THE CHAIRMAN: Never send a kid to do a man's job. Does anyone else wish to speak against this application? (there was no response) Are there any other questions? After investigation and inspection, the Board finds that the applicant requests permission to erect an off-premises sign on the corner of Albertson Lane and County Road 27, Greenport, New York. The Board finds that the public convenience and welfare and justice ~ill be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On a motion by Mr. Gillispie, seconded by Mr. Bergen, it was resolved that Drossos Restaurant, Route 25, Greenport, New York, be GRANTED permission to erect a respectable off-premises directional sign on the southwest corner of Albertson Lane and County Road 27. The sign shall be placed no closer than 5 feet to County Road 27, and at least 30 feet from the intersection of County Road 27 and Albertson Lane, Greenport, for the reason of visibility. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2421 - Upon application of Bayview Resort, Inc., Bayview Road, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-35 A to construct a five (5) foot fence in the front yard. Location of property: Bayview Road, Southold, New York, bounded on the north by Main Bayview Road; east by Victoria; south by Corey Creek; west by Young and Koke. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from %he Town Clerk that notification by certified mail had been made to: William Victoria, Alex and Fred Koke, and B. B. Young. Fee paid $15.00. THE CHAIRMAN: This location is on Main Bayview Road on the County Tax Map indicates that there is approximately 8.7 acres in the tract. Is there anyone present w~o wishes to speak for this application? HELEN CHIZZINI: I am manager for the Cove Resort. Bayview Resort d/b/a the Cove. We are anticipating a tennic court. Of course it is noted there that it is rental, and it does enhance ........ THE CHAIRMAN: I presume you have permission to build this court from the Owners of the property. MRS. CHIZZINI: I am not building it. I am here representing the owner of the property. June 1978 ..S0~THoLD TOWN BOARD OF APPEALS l, THE CHAIRMAN: Oh, I see. MRS. CHIZZINI: Mr. Patterson is one of the owners. I am just managing the property. Tkey are in the city and unable to be here tonight. That is why I am here. THE CHAIRMAN: But location do you have in the road? they are the owners of the property? What mind for the court? How far will it be from MRS. CHIZZINI: A great distance. You cannot see it. It is down behind alot of trees. You won't even be able to see if from the road. THE CHAIRMAN: It will be down in that low area on the easterly side? At the end of the Cove. I would think that would be .... Will it be in as far as the Cove itself? Here's a map. MRS. CHIZZINI: map? THE CHAIRMAN: water. Well, we have dockage there. Does it show on your It doesn't show the dockage, but it does show the MRS. CHIZZINI: Well then we would be along side of that. THE CHAIRMAN: Along side the water? Well then it would be safe to assume that it would be at least 200 feet from Main Bayview Road. MRS. CHIZZINI: Yes, absolutely. THE CHAIRMAN: I think that is what we are chiefly interested in. Not closer than 30 feet to a side yard. Is there anyone else who would like to for this application? (there was no response) Or against this application? (there was no response) Maybe Mr. Bergen would offer a motion to grant the application upon the condition that the tennis court be located 200 feet Main Bayview Road and not closer tha~ 3~ feet , to any common boundary line. Is that okay? ~.a~~J,~ ~z~,A~Q.~ MRS. CHIZZINI: I would like to make a note of that to report to the owners of the property. I am not that technically knowledgeable on this. What is it 200 feet from Bayview Road. THE CHAIRMAN: Your property there is approximately 1069 feet long on one dimension. Add another 490 to that so you have about 1600 feet on your westerly dimension. 300 feet is the length of a football field. It looks as the water is 700-900 feet from the Main Road. You are going to put it somewhere in that low lying area. MRS. CHIZKINI: Are you familiar with the entrance? As you come down on your left, in the low area next to the creek. It is quite a distance from the road. THE CHAIRMAN: You have probably planned the location completely, but I think you should give some thought to how low you put it in relation to storm or hurricane tides. I am not sure what that would do to the SOUTHOLD TOWN BOARD OF APPEALS -19- June 1, 1978 surface of the court. MRS. CHIZZINI: I believe that has been investigated. What was the 30 feet from? MR. BERGEN: From the side lines, 30 feet. After investigation and inspection, the Board finds that the applicant requests permission to erect a fence in excess of five feet in the front yard area. The findings of the Board are that they are in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties aloke in ~.the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Bayview Resort, Inc., Bayview Road, Southold, New York, be GRANTED permission to construct a fence over five (5) feet in the front yard area upon the condition that the tennis court be located 100 feet from Main Bayview Road and that the paved portion of the tennis court shall be no closer than 10 feet to any side yard, except that the fence may be five (5) feet from any common boundary line. Location of property: Bayview Road, Southold, New York, bounded on the north by Bayview Road; east by Victoria; south by Corey Creek; and west by Young and Koke. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2419 - Upon application of Matt-A-Mar Marina, Inc., C/O Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Walter Williams and Vina Baker. Fee paid $15.00 THE CHAIRMAN: The application is accompanied by a sketch of the entrance to the marina and also the County Tax Map indicates that this parcel contains about 9 acres, some of which is wooded to the east toward Wickham Avenue. Tha marina is location on a natural peninsula or promotory in Mattituck Creek on the easterly side of the creek. Several buildings exist on the soUT~O~D TOWN BOARD OF APPEALS -20- June 1, 1978 'Is there anyone who wishes to speak for this application? GARY F. OLSEN, ESQ: I am the attorney for the applicant, Matt-A- Mar Marina, Inc., Frank Noyac. As I pointed out in the application, this is a self-contained piece of property containing approximately nine acres and presently used as a marina. In order to provide full marina services this is a very necessary and incidental accessory use, the retail sale of boats. It would not change the char&dter of the neighborhood, the community. The marine business, the retail sale of boats is a good one for the community. I think it is one that the Board should look favorably upon. THE CHAIRMAN: I have a couple of questions as you go along. How many boats would you presumably have for retail sale at one time? MR. OLSEN: The applicant is here, maybe he could tell you, I do not know. I don't think he really knows at this point. Not even the size. Probably the larger boats. MR. NOYAC: I would be interested in the larger boats. THE CHAIRMAN: I was just wondering how many boats you would want to Ilave,~ MR. NOYAC: To sell at once? THE CHAIRMAN: We went to a marina one time where you couldn't walk around because there were so many boats. I asked the fellow if he owned them and he did. They all ran about $35 to $40,000 apiece. He had so many there, you would not walk around, safely. I assume you are not going to have that many. I would like to know how many and what size so we know what we are talking about. 50. MR. NOYAC: I am sure I would never have so many that you could not walk around. THE CHAIRMAN: The fellow I am speaking of had very little space. You are fortunate in that you have alot of space. It is a beautiful location. One of the things we would be interested in if you do have permission for this is that you concentrate the usage to one area of the marina so that they are not strewn all over the place. We went to a marina the other day where at least 2/3 of a mile there was nothing but boats. Laying down on their sides and every which way. MR. NOYAC: I think if you had gone into my marina you would see the type of operation that I run. THE CHAIRMAN: We have, and we like it. We would hate to see a bunch of boats just strewn around. MR. NOYAC: I do not think I would be interested in that type of operation. THE CHAIRMAN: You still have no idea how many boats you would have? They would be on consignment? SO~THOLD TOWN BOARD OF APPEALS -21- June 1, 1978 MR. NOYAC: I boats. MR. NOYAC: That could happen or we would also sell new boats. This has not been worked out yet. THE CHAIRMAN: A new boat would be on consignment too. MR. NOYAC: On consignment is somebody;s used boat that you sell for them. THE CHAIRMAN: Not necessarily. I suppose that the motor boat people sell on consignment. Wouldn't they put some boats down on your place? MR. NOYAC: Most boats are bought outright today. MR. BERGEN: Bank drafts. THE CHAIRMAN: In other words you would not warehouse them? Retail sale of boats would include used boats. Is that right? Maybe there would be more of those than new boats. MR. NOYAC: The used boats would most probably be in the water. You are.more apt to sell a boat in the water, than you do on land. THE CHAIRMAN: Then you would prefer to have them in the water? MR. NOYAC: Well, if they were the used type. THE CHAIRMAN: Would you have many new ones there through the winter? MR. NOYAC: I hope not. THE CHAIRMAN: Do you live there the whole year? MR. NOYAC: I live across the street. THE CHAIRMAN: Across the street. Do you keep track of what goes on across the street? Vandalism, and so forth, does it exist? MR. NOYAC: We have had one break, in. THE CHAIRMAN: You have stored boats there? Or do you want to store them as of tonight? already have permission from your Board for storage of THE CHAIRMAN: But you have not done it. MR. NOYAC: I have not done it yet. But I found I did not have permission for tke selling of them. THE CHAIRMAN: For the storage you did have permission. You did not permission for a storage building. SOUTHOLD TOWN BOARD OF APPEALS -22- June 1, 1978 THE CHAIRMAN: Now, if you store them, will you store them in the open? MR. NOYAC: That ~s hard to say. MR. CHAIRMAN~ You have not stored any so far. MR. NOYAC: This is all new to me. MR. CHAIRMAN: How long have you been there? MR. NOYAC: About 13 years. MR. CHAIRMAN: You have never stored anyone's boat? MR. NOYAC: I have stored my own boat. MR. CHAIRMAN: You have never stored anyone's boat? You have never sold a boat? Or rented one? Or sold a motor. Do you sell gas, oil, beverages, swimming pool for the people who come into the marina? Are there any other fac±l±t~es that you have? MR. NOYAC: Yes to all of those. We have rest rooms and showers on the property. We do not sell, rent or store other people's boats. THE CHAIRMAN: Do you have any place where people from boats can wash their clothes such as they have down here at the new KOA Campgrounds? MR. NOYAC: We send them up to the Laundromat which is right around the corner from us. It is about a five minute walk. THE CHAIRMAN: They have two buildings down there for people to wash their clothes that park their trailers there. You do not have this? MR. NOYAC: No. THE CHAIRMAN: No restuarant, no food? How about a snack bar? MR. NOYAC: There is a snack bar. We operate it ourselves. We make hamburgers, hot dogs, ice cream, soda. THE CHAIRMAN: With all this questioning, we still do not know how many boats you would want to store on the premises. MR. NOYAC: I would be very difficult at this time to say. THE CHAIRMAN: In fact, ~. NOYAC: Well, ..... but not the new ones. MR. MR. they will probably be in the water? the used ones will probably be in the water, BERGEN: How many would you like to store there? NOYAC: I would like a good many. This would be a business. . SOUTHOLD TOWN BOARD OF APPEALS -23- June 1, 1978 MR. BERGEN: What do you want permission for? THE CHAIRMAN: Bob, there are two applications. One is to store boats in a storage building. The other is to sell retail boats, The building would be in the front yard. The building, of course, .... MR. OLSEN: If I may, the Board back in January 11, 1977, just to refresh the Board's memory, granted to the Applicant a variance to store boats. So that variance has already been granted. The second application on for tonight. I did it in two, so we would not get them confused, rather th~n combining both applications into one petition. The second application ~s strictly for a front yard variance. The reason being the office for tke marlna is located close to the water, so any building east of that is considered in the front yard. That is the reason I understand the variance is necessary. It is an accessory building. We do have permission now to store boats. THE CHAIRMAN: You can store boats, but you do not have permission to build a building. MR. OLSEN: I assume we can build any building we want. We are just looki.ng for a front yard variance. THE CHAIRMAN: No, you couldn't. Because this would be a light indus- trial use. The building of a building for storage is an industrial use. This is permitted in a light industrial zone. One of the reasons the Town has so carefully distinguished .... of course, we are allowed to tie up all the loose ends in here.., is to have varying types of marinas with a minimum impact upon the surrounding community, and one of the impacts that is specifically disliked is a huge storage building. This was denied over at the Strong marina on the south side and appealed to the Appeallate Division as you know. They supported us. I am sort of mixing the two application here. What brought me into here is your statement that you were just asking for a front yard variance. I think if you were going to build a building there, accessory building for the storage of boats, it is in the wrong zone. Getting back to the retail sale of boats. I do not know how much we know. You can store boats now. Which was given to you in January, 1977. You don't do it? If you did do it, would you consider fencing it in? MR. NOYAC: It is a very good consideration. Because of vandalism. I do not know how you would stop them from coming in. That is very easy to get in there by water because the way the creek ends. You can just walk down and you are on my property. THE CHAIRMAN: I do not think there would be much of an impact from the sale of boats in the numbers that you are thinking about? Is there anyone else who wishes to speak for this application? (there was no response) Is there anyone who wishes to speak against this application? Before I ask for any comments against this application, I want to read a letter from someone who is against this. To the Board of Appeals of the Town of Southold: I am opposed to the issue of a variance for the construction of a storage building for the storage of boats, and to the issue of a variance to sell retail boats at the Matt-A~MAR Marina. I fail to see in anyway that the variances · SOUTHOLD TOWN BOARD OF APPEALS -24- June 1, 1978 I fail to see in any way that the variances listed above will add to the well being of the Village of Mattituck and its residental inhabi- tants, and I believe that if these variances are allowed, there will be a decline in the surrounding property values, and more pollution will be added to a already polluted Mattituck Creek. Signed Walter Williams. MRS. DELAHANTE: I represent this group here. Matt-A-Mar has already been granted a variance a few years ago to run a marina in a strictly ~es~ental area because of a preceding rooming house which in no way had anything to do with permitting him to get this variance to run a boat yard. THE CHAIRMAN: Would you repeat that please? A rooming house? MRS. DELAHANTE: Yes that is originally what was on that property when I moved to Mattituck 18 years ago. A great big rooming house. THE CHAIRMAN: That was a Town Board proceeding theh? MRS. DELAHANT~: I don't know. Ail I know is that man was granted a variance to operate this marina. MR. NOYAC: No, there was no Town Board hearing. way when I bought it. It was zoned that THE CHAIRMAN: When did you buy the property? MR. NQYAC: In 1965, after the zoning had been in effect. THE CHAIRMAN: How long has the marina existed? MR. NOYAC: The marina has been in existence since 1965, when I bought it. THE CHAIRMAN: So you created the marina. no marina. Before that, it was a MR. NOYAC: I bought it after the particular zoning was on it. THE CHAIRMAN: Which was what? What was the correct zoning you are referring to? MRS. NOYAC: Non-conforming. THE CHAIRMAN: It was a non-conforming use of property, and was this considered as a lesser non-conforming use to have a marina instead of a mult~family boarding house? Do you know, Gary? MR. OLSEN: No, I don't. alot of uses he can do in B-i, a marina. I know now that it is zoned, B-1. There are as you know. One of the permitted uses is MRS. DELAHANTE: I am surprised that it was granted ever, but I cannot go into that because I know nothing about it. It should not have been at · SO~HOLD TOWN BOARD OF APPEALS -25- June 1, 1978 that time. THE CHAIRMAN: I think you have the wrong word. We have no record of it here. MRS. DELAHANTE: Isn't that strictly residential. Isn't that whole area residential? THE CHAIRMAN: I don't know. map. I don't have a zoning map in zoned B-1. You would have to look at the zoning front of me. I know that his part is MRS. DELAPiANTE: This marina is banning all the beach property for the people of tt~e Town of Southold with an over abundance of docking space and backfilling to the water's edge. I have a drawing here to ~h~ you what i~ being done. Posts are being stuck out to the edge of beach, tons of fill are being brought in, and filled in out to the posts. Then there is a great big bulkhead. Beyond that are more posts for mooring. This is like a mushroom. It is closing up the two adjacent creeks on each side with wood, boats, moorings and pollution. These moorings are polluting the entire creek. It is not fair for the property owners who are tax payers, and who are taxed heavily for the privilege of swimming, fishing, clamming in unpolluted waters. If you grant this variance, I guarantee there will be a request for another. In this business, one follows the other. There is enormous profit to be gained at the Taxpayer's expense, by buying residential property and having it developed into business property. In the meantime devaluating the adjoining properties. There is plenty of business property lying fallow in other areas for this business to buy up. We petition the Zoning Board to uphold our rights. This is a residential area, and we want to keep it this way. This variance would take what is a lovely wooded area and turn it into an eyesore, as well as adding considerable more to the serious pollution in this creek due to too many boats in a confined area. I live on the creek and so do these people. The garbage that comes up isn't all from that Marina, I know that, but there are too many boats in that area. It does c~nge tke aestketic value of the creek. Maybe not the road front area, but the creek itself, which we all love. It also sets a precedent. There is a heavy density on the water table. All these people come in, take showers, use water, its all confined in that little point. This is off the record. This property is for sale. By doing what this man proposes to do, it will greatly increase the value of it, if he intends to sell it. This is only a rumor. But I am going to say it anyway. THE CHAIRMAN: It is all right to say it, but I do not think it effects the hearing. What a man does with B-l, Business zoned property is that he is permitted to do. MRS. DELAHANTE: But if he gets this variance. valuable when he sells it. It will make it more THE CHAIRMAN: I do not see that enters into our reasoning, but I will be glad to ask him. Will you explain.. Are you planning to sell this property, Mr. Novac? .SOfT'OLD TOWN BOARD OF APPEALS June 1, 1978 MR. NOYAC: I don't think I have to answer that. THE CHAIRMAN: I don't think you do either. I presume all of us would sell our houses if somebody offered us enough money. MRS. DELANANTE: I wouldn't. THE CHAIRMAN: I don't know whose going to try you. I don't know your house. MRS. DELAHANTE: I have a very lovely house. THE CHAIRMAN: If someone offered you two or three times what you... MRS. DELAHANTE: That would not make any difference. MRS, STELLA HARVEY: I live right across the street from Matt-A-Mar. Th~y~ have a dirt driveway. Are they planning to leave that a dirt drive- way there? MR. NOYAC: I have no reason to change that. MRS. HARVEY: We get all the dust. Mr. Noyac says he lives right across, He does not live right across the driveway. Four of us do. We get all the dust, all the beer cans, whiskey bottles and what have you. If we weren't conscientious we would leave them there, but we don't. We are proud of our neighborhood, and we want to keep it that way. THE CHAIRMAN: I think this sounds like Fishers Island, Serge. Somebody is always complaining about the beer cans. I would think that a public marina would cause you to have more of that type of thing. But you get them all along the road. I get them too. MRS. HARVEY: We are going to get it twice as much if you let thins go public. MR. HARVEY: They say it is private now. MRS. HARVEY: Is this going to be run on a 12 month basis? THE CHAIRMAN: That question has not been asked. If you store boats there, you probably want to run it on a 12 month basis. Are you running it on a 12 month basis now? MR. NOYAC: Not now. THE CHAIRMAN: In other words if someone came in during January, February, March. MR. NOYAC: They couldn't get in. THE CHAIRMAN: So it is seasonal. ~ SOU~HOLD TOm BOA~ OF ~PEALS -27- June 1, 1978 MRS. HARVEY: We've had boats come in when they have had no other place to go, and we have taken them down street. THE CHAIRMAN: I do not think there is any restriction on any marina off hand, that I can think of, on a seasonal basis. To my knowledge there has never been one here. Is there anyone else. MR. HARVEY: Is there any regulation if he opens this to the public that the road has to be hard surfaced? If he is going to change the zoning. THE CHAIRMAN: He is not changing the zoning. MRS. HARVEY: The terminology is wrong. This is a variance. THE CHAIRMAN: A change of zone is a change of ........ MR. HARVEY: If he operates it on a 12 month basis, he has got to do something. When we get a west wind, rain or anything, you can't even open the w~ndows on that side of the house. Heavy car traffic. When you put it on a basis where he can store boats and sell boats there it will depreciate value there. THE CHAIRMAN: I do not think there is any intention of running it twelve months. MRS. DELAHANTE: If he does run it twelve months, there will be a larger problem with garbage and people, and with dust. THE CHAIRMAN: You are in the wrong area of the Town, if you have any complaints concerning the Creek you should speak to the Town Trustees. Is there anyone else who wishes to speak on this application? (there was no response) THE CHAIRMAN: I will offer a resolution granting Matt-A-Mar permission to sell retail boats upon the condition that he not have more than, let's say, 10 boats in his yard at one time. MR. NOYAC: What do I do about package deals? This land was originally zoned that I could do all these things relative to a marina. THE CHAIRMAN: Originally, the zones of the Town were A, f, and C. MR. NOYAC: Originally, I was given permission. THE CHAIRMAN: That may be. MR. OLSEN: I think it is discrimatory to limit Mr. Noyac to the have just 10 boats on his premises at one time. How about 15 or 20 boats. THE CHAIRMAN: How many boats would Mr. Noyac like to have? I do not want to get hung by the Supreme Court. · SOUTHOLD TOWN BOARD OF APPEALS -28- June 1, 1978 MR. BERGEN: Frank, you could probably make yourself quite a few friends in the area if you would put a layer of oil on your dirt road. MR. NOYAC: I did not realize it was such a problem. After investigation and inspection, the Board finds that the applicant requests permission for the retail sale of boats on his premises. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr.Bergen, it was resolved that Matt-A-Mar Marina, Inc., c/o Gary Olsen, Esq. Main Road, Mattituck, New York, be GRANTED permission to sell used or new boats upon the condition that there not be stored for resale any new boats in excess of 50 feet, and no more than 15.boats ~%~=~one time. The used boats will be in the water. ~~ Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. PUBLIC HEARING: Appeal No. 2420. - upon application of Matt-A- Mar Marina, Inc., c/o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII Section 100-70 and Bulk and Parking Schedule for permission to construct a boat storage building. Location of property: Wicham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mattituck Creek; and west by Mattituck Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clark that notification by certified mail had been made to: Walter Williams and Vina Baker. Fee paid: 15.00. THE CHAIRMAN: The application is accompanied by a sketch of the premises identical to the application just heard. This application is is to construct a storage building in the front yard area. You thought you could construct a building? MR. NOYAC: That was my impression from speaking with the Building Inspector. THE CHAIRMAN: Under C-Light Industrial, Item 16: Boat buildings, boat serving, boat storage facilities. That is what we are talking about. SOUTHOLD TOWN BOARD OF APPEALS -29- June 1, 1978 Your operation is not in the C Light District. This was denied to the Strong Marina on the other side of Mattituck. It was appealed to the Appeallate Division, they upheld us, so we have clear authority. MR. NOYAC: I was not under that impression. The original zoning on the property allowed all of this. THE CHAIRMAN: It doesn't matter what you thought, or I thought. MR. NOYAC: This is why we applied for the front yard variance. THE CHAIRMAN: Its irrelevant. Because you would not be permitted to store boats in a building. You may withdraw it if you wish. MR. OLSEN: There has been some misunderstanding when we were talking to the Building Inspector. I would recommend to my client that he withdraw his application at this time until we can clarify things, without prejudice. MR. NOYAC: I will go along with that. THE CHAIRMAN: I do not think it has anything to do with storing boats in the front yard. RESOLVED, Matt-A-Marr Marina, Inc., Appeal No. 2420 be withdrawn, without prejudice. VOTE of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Doyen. After the Board had voted, the following occurred when neighbors of Mr. Noyac's came back into the hearing room. MRS. DELAHANTE: You realize that in a couple of months they are going to beack here and start this all over again in the hopes that no one shows to protest. I am wise to the way he operates. MR. GRIGONIS: He will have to have a Change of Zone before he can put up a building. THE CHAIRMAN: Frequently we are 100% against a crows. Sometimes we are 100% with the crowd. Whether you people are with us or against us has no bearing on our decisions. This is not a play for money. MRS. DELAHANTE: This has nothing to do with politics, Sir. something to do with being a Taxpayer of the Town of Southold. It has THE CHAIRMAN: It also has to do with law. What people are permitted to do. We are just amateurs. We are guided by professional people. MRS. DELAHANTE: Seventeen years ago that was a rooming house. A marina should never have been established in a residential area. THE CHAIRMAN: You are looking back 17 years. SO~THOLD TOWN BOARD OF APPEALS -30- June 1, 1978 MRS. DELAHANTE: Yes, but do you see what is happening? One variance leads to another variance, to another. Business is not everything. Money is not everything. People's rights mean alot. Money and business is not everything. I do not think the individual taxpayer is considered by this Board. MR. HARVEY: Is it possible we can appeal? MRS. DELAHANTE: Yes, we want to appeal. THE CHAIRMAN: I do not know what you are appealing. You can appeal w~thin 30 days of this decision. MR. HARVEY: We want to get some legal advice to see what we can do. MRS.DELAHANTE: If you want signatures, I can get you 100 signatures. THE CHAIRMAN: Signatures have nothing to do with it. You have to be right or wrong legally. Increasingly law in this country is made by the Judges, not by the legislative authorities. What a Judge says is legal, is legal. That's it. MRS. DELAHANTE: I would like to add that my husband is directly responsible for stopping the Strong Marina. He ..... THE CHAIRMAN: Have you looked at the Strong Marina, it does not look as though he stopped it. MRS. DELAHANTE: He stopped them from putting it in a residential area llke he w~nted to. If you go back over the whole thing. These people want me to speak for them because they are not eloquent. I am eloquent. THE CHAIRMAN: Tha operation started with 3 or 4 row boats. progressed to its present situation. It MRS. DELAHANTE: What I do not like is that I do not feel that the people's wishes of the Town of Southold are being considered. THE CHAIRMAN: I frequently feel the same way. MRS. DELAHANTE: Business, Business, Money, Money, Money~ This man is going to make alot of money for this Town. What about the people on the creek who want unpolluted waters? The Beauty? That thing is going to be an eyesore, no matter what he says. It is going to be an eyesore. THE CHAIRMAN: He was just denied effectively an industrial building. He has been told he cannot do it. MRS. DELAHANTE: You let his lawyer lead you out of 10 boats into 15 boats. THE CHAIRMAN: That has very little to do with a 9 acre parcel. It doesn't matter if you have 10 boats or 15. SOUT. HOLD'TOWN BOARD OF APPEALS -31- June 1, 1978 MRS. DELAHANTE: Nine acres is not that much, sir. When you fill it full of garbage and boats. Have you and looked at what he is doing? It really isn-~t. really gone down there THE CHAIRMAN: Twice. MRS. DELAHANTE: I wish the Board would go down and see. THE CHAIRMAN: We have been down there twice. That is part of our job, Mrs. Delahante. MRS. DELAHANTE: He is stealing the entire creek from the tax payers. That is what he is doing. THE CHAIRMAN: You are talking to the wrong people if you think that he is stealing land over ther. You should be talking to the Trustees or the Department of Environmental Control. MRS. DELAHANTE: Other people have poles out into the water. You cannot walk on the beach anymore. You have to go over somebody's bulkhead to get on the other side. MR. GRIGONIS: We do not have the right to tell anyone what to do with their land. MRS. DELAHANTE: People of the Town should be able to walk along the beach without climbing over someone's bulkhead. MR. GRIGONIS: You have to go to the Town Board and Trustees. They are the only ones who can help you on this. MRS. DELAHANTE: It just sounds as though it is passing the buck around here. I would like to feel that the Board is really concerned with the feelings of the people, not big business. I mean it. We care about this creek. We don't want it full of garbage and boats. These people come over here and leave. They don't care what happens. They don't care there is junk washing up on our beaches. They don't care we can't go swimming among their garbage. THE CHAIRMAN: Many people wanted the marinas. MRS. DELAHANTE: Business people. Business. THE CHAIRMAN: Zoning is to accommodate as neighbors, business, agricul- ture and summer residents and year round residents. Sometimes whoever was here first, the agriculturists, are regarded with the most disfavor. They create dust. MRS. DELAHANTE: I am not allergic to dust. That does not bother me. THE CHAIRMAN: The Planning experts from Albany last year decreed that all farm roads shall be black topped. I do not know how much that would cost, but whoever tried to put that over was totally uninformed. I think if you want to complain about the creek and what is going on there, you should talk to the Trustees. MRS. DELAHANTE: I am too an artist. I am concerned with the . souTHOLD TOWN BOARD OF APPEALS -32- June 1, 1978 aesthetic appearances. That is a beautiful creek. It is an asset to the Town of Southold. It should be kept beautiful. It shouldn't be paved w~th wood, paved with docks. Much of our wildlife has already d~sappeared because of the bulkheadin- which kills all of the breeding places for the fish. All this garbage is killing off the marine life. Doesn't anybody care? Everything is just money, money, money, business, business, business. I am very disappointed in this whole thing. Nobody cares about the tax payer. Just keep paying the taxes, but don't expect anything in return for it. An informal discussion with William Smith, Realtor was held on behalf of Walter Coutts and John DeAlbertis regarding Dr. Rose's old dentist off~ce building. They have engaged Sacco and Ahlers as builders, and they would request a side yard variance. On motion of Mr. Grigonis, seconded by Mr. Doyen, there were e~'~kt (~8~ Sign Renewals reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Grigonis it was RESOLVED that the Southold Town Board of Appeals approve minutes dated May 4, 1978. On motion by Mr. Gillispie, seconded by Mr. Bergen it was RESOLVED that the Southold Town Board of Appeals approve minutes dated May 12, 1978. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (D.S.T.), Thursday, June 15, 1978, at the Town Hall, Main Road, Southold, New York On motion by Mr. Grigonis, seconded by Mr. Doyen, it was TESOLVED that the Board of Appeals set 7:35 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of J. C. Cornell Construction Corp. 935 Watersview Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 for permission to construct a new business building with a dwelling above. Location of proper~y: County Road (Route 27), Peconic, New York. · SOU~HOLD TOWN BOARD OF APPEALS -33- June 1, 1978 On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED, that the Board of Appeals set 7:45 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Joan A. Bayley, 55 West 16th Street, New York, New York, (Rudolph H. Bruer, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property on the private right~of-way. Location of property: Right of Way on the south side of Sound View Avenue, Southold, New York. On motion of Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, that the Board of Appeals set 7:55 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Incorporated Long Island Chapter of the New York Archaeological Association for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises directional sign. Location of p~ope30ty: Corner of Ackerly Pond Lane and Route 25, Southold, New York. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, that the Board of Appeals set 8:05 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Willow Point Association, Bay Home Road, Southold, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an identification sign. Location of property: Lot No. 1, Map of Willow Point, Southold, New York. On motion of Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that the Board of Appeals set 8:15 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk and Parking Schedule for permission to construct a dwelling with insufficient front and rear yards. Location of property: Lots 28 and 29, and part of 30 and 31, on Map No. 1097, Map of Bailey Park, Peconic, New York. On motion of Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED, that the Board of Appeals set 8:30 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Henry P. Wickham, c/o Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a variance in accordance witk the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off a lot with insufficient area and width. Location of property: east side of New Suffolk Lane, New Suffolk, New York. ~ SOU~HO~.D TOWN BOARD OF APPEALS -34- June 1, 1978 On motion of Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED tha the Board of Appeals set 8:40 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Margery D. Burns, Main Road Southold,New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to have residential komes in a business district. Location of property: Main Road, Southold, New York. On motion of Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 8:50 P.M. (D.S.T.) Thursday, June 15, 1978, Town Hall, Main Road, Southold, New York, as time and place for hearing upon application of Margery D. Burns, Main Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to have residential homes in a business district. Location of property: Main Road, Southold, New York. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 9:10 P.M. (D.S.T.) upon application of Catherine N. Moor-Jankowski (Donald E. Mahoney, Attorney), Village Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, for permission to set off lot with insufficient area and width. Location of property: Village Lane, Orient, New York. The meeting w~s adjourned at 11:15 p.m. Respectfully submitted, Secretary