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ZBA-07/14/1988 Hearing
TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. NO. 3733 Applicant(s): ESME & NICHOLAS LAGUDIS Location of Property: 760 The Strand, Pebble Beach Farms, E. Marion County Tax Map ID No. i000~30~2~84. Board Members present: Chairman Gerard Members: Grigonis, Douglass and Sawicki. p. Goehringer Absent: Doyen ~(due to poor weather conditions) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the a~dience. The-Chai~man'opened the hearin~at~7:30-:~o'clock-.p.m, and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated October 21, 1982 updated June 28,1983 indicating a one-sto~y frame house and garage. The applicant proposes to build a gazebo approximately 10 feet in diamter, approximately 13 feet high and approximately 12 feet from what we refer to as the line of the bluff or the lip of the bluff. And I see a figure of 78 foot 10 inches from the house which probably is the deck ~f the house in the rearyard. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody here who would like to be heard on behalf of that application? Mr. Lagudis. Could you use the mike sir. Just state your name for the record if you wouldn't mind. MR. LAGUDIS: My name is Nick Lagudis. CHAIRMAN GOEHR1NGER: Is the purpose of the gazabo mainly for aes- thetic~purposes? Will there be any lighting in it? MR. LAGUDIS: No sir. No lights, no electricity. CHAIRMAN GOEHRINGER: HoW is that fastened to the ground? Are there piers placed in the ground? MR. LAGUDIS: AS of now, no sir. CHAIRMAN GOEHRINGER: There is no piers. MR. LAGUD~S: If we have to put them in there, we will. CHAIRMAN GOEHRINGER: It's just sitting on cement blocks? Page? 2 - Thursday, July 14, 1988 Public Hearing - Esme and Nicolas Lagudis Southold Zonign Board of Appeals MR. LAGUDIS: It's sitting on the ground. CHAIRMAN GOEHRINGER: It's sitting right on 'the ground. I was up thsre. I looked at'the... We,~of course, understand the place- ment of it. But I was up there at 7:30 on<~.~Sunday morning.. So I wouldn't'bother you. But I looked at ~the-bluff from your next do©r neighbor's lot ra~her than bother you. I didn't see the ga= zebo~but we were concerned mainly about the erosion on the btuff~ MR. LAGUDIS~ There is no erosion. CHAIRMAN GOEHRINGER: No. It's pretty much... In situations like this; we just want you to put on notice or be aware of the fact, I should say, that some day this thing can go over the top of the bluff and that's all we can tel~ you. But I'm sure you're ~perfectly well aware of that if somethin~ were to happen. MR. LAGUDIS: As long ~s it's not my house. CHAIRMAN GOEHRINGER: record? Is there~anything you'd like to state for the MR. LAGUDIS: I think everything is in the applicatiOn. C~AIRMAN GOEHRINGER: Ok.. W~ thank you for coming in and we hope to have a decision for you shortly. MR. LAG~DIS: Thank you very much. CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else who would like to spe~k in?~'avor of the application? Anybody like to speak against the application? Any questions from Board members. Hearing no fur%her questions, I'll make a motion closing the~h~a~ing, reserving decision until later. A~i in favor - AYE. BY Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD%OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, t.988 Appl. No. 3735 Applicant(s): DINO AND LYNN ROSSINI Location of PropertY: 755 Soundviw Avenue, M~attituck County Tax Map ID No. 1000-94~1_6.' Board Members present: Chairman _Gera~4 Members: Grigonis, Douglass, and ~awlcK1 P. Goehringer, Absent: Doyen (due to ~'oor weather conditions)_ Also Present: Victor Lessard, Building 'Dept. Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:35 o'clock p.m. and read the notice of hearing and application for the.urecord. CHAIRMAN GOEHRINGER: I have a copy of a survey pr6duced by Robert A. Kart dated July 9, 1981 indicating approximately one-story, framed house located approximately three-quarters of the way north of the property or the Soundview Avenue I should say. Extending three quar- ters of the way into the property. And the~applicant proposes an ex- tension of the]deck that's on the front-of the house now going out to a~landing and then steps going down to the Sound. And I-ha~e a copy of the Suffolk County Tax Map indicating this and surrounding proper- ties in the area. Would you like to be heard? MR. ROSSINI: The very fragile nature of this Cliff... CHAIRMAN GOEHRINGER: check that. I don't know if that's on~ You might want to MR. ROSSINI: So I have been talking, ~the'~.Di~.E~C. has,required and they were~concerned as-I'~about some of the details of construction. And as a result, the drawing was altered to reflect three clar.ifications, four as a matter of fact. One, the basic supports for thedeck must be at least five-feet back from the bluff line so as~not to complicate the erosion problem which has always been going on in tkis area. Also, the deck is going to have a pitch in the rearward direction so that the drainage would be favorable and so the water would cascade toward the cliff. And the third, the change that the D.E.C. and I'h~d discussed is that the planks would run in the east west direction so that there wouldn't be a runoff even if the pitch contained an excessive drai~ the runoff would not be'in the direction of the cliff. The other prob- lem is that it is our intention next year, to apply for a bulkhead to Page 2 - Thursday, July 14, 1988 Public Hearing - Dino and Lynn Rossini Southold Zoning Board of Appeals MR. ROSSINI (continued): stabilize the bottom of the cliff. Not as part ~of'~-~his project, we can't undertake them all at once. But because there will have to be a transition in this application, ~I bated the.-platform at the base of the step to represent the discontinuity going from over the plane of the bulkhead. And I have these new drawings that~the D.E.C eipected to approve~. It would sort of supercede what you have. CHAIRMAN GOEHRINGER:: Let me just ask you a question because I was up to see you last Saturday and i f~iled to ask you a~t that time, and of course l'm interjectin~ it into the hearing anyway, if you were.going to sink foUr by fours into the.~ciiff to support the stairs or were you going to support the stairs on steel cables? MR. ROSSINI: Four. by fours. CHAIRMAN GOEHRINGER: We have most recently asked Suffolk County Soil and"'Water Conservation which is an organization which we usually refer most of these applications to. They have not given us their input yet. So the closing of this hearing is subject to receipt of that. Once we receive it, we"il send you a copy'. But if I should happen to forget, I am closing the hearing with that in mind. And of course, the only other ~conversa~ion was that the linking?of the deck, attaching the house keeping it succinct from the platform that you ha~e going out to the front platform. So that if anything Was to fall away, it would not drag a portion of the hOuse with it. MR. ROSSINI: I had felt that the intention would be favorable because there would not be any structural necessity of any structural supports right-at the bluff line. The-bluff line is extremely fragile. And to put any supports at that area, would compromise it. It was my thought that~.~he cantilever deck Which really is structurally supported of a very very heavy extremely limited house and the cantilever section would support or attach directly to the stairs and you don't have to sink verticals at the cliff line. It Can structurally be hand~ed without molesting the bluff ~ine which I'm concerned about. That's my feeling about the most favorable way to handle it. It's the bluff line that I'm concerned about. CHAIRMAN GOEHRINGER: I understand that. The only thing I wanted to mention to you was that we did grant an application for a deck for a gentleman in Orient and it was very very Simitiar to ~this, except that he didn't .have as much ground cover up above. And there was no deck on the house at all and we asked him not to attach ~he deck to the house. We asked him to make it free-standing. So'the only thing, I don't think we're going to do that to you because you already have a deck attached to the house' What you're doing mainly is modifying that deck. However, the, I guess you would call it a ramp, ramp leading to the platform is what we're asking you not to attach to the deck if. the Board is so inclined to grant this application. That woutd be the o~e prohibitive thing that we would be excluded at this point.~ I thank you very much.~ As soon as we get that letter from Soil and Water which will primarily address the way which wa~,..th~!.piles should be placed in the cliff I hope. In o%.her words, whatever way they can do it or they suggest you do it so as-to prevent any further erosion on the bluff which is something I'm sure you want to do anyway. P~ge 3 - Thursday, July 14, 1988 Public Hearing - Dino and Lynn Rossini So~thold Zoning Board of Appeals MR. ROSSINI: Absolutely. CHAIP~LAN GOEHRINGER: I'm not putting words in your mouth. Alright. hearing no further comment, I'll ask if there's anybody else who would 'like to speak in favor of this app!icati6n. Is there anybody else who would like to speak against the application? Any questions from Board members? Hearing no further questions~ I'll make a motion closing the hearing and reserving decision until later. Ail in favor - AYE. BY' Nadia Moore TRANSCRIPT OF HEARING S©UTHOLD TOWN BOARD OF ~PPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. NO. 3736 Applicant(s): JOHN R. SCHREyER Location of Property: 160 Blue Marlin Drive, Greenport County Tax Map No. i000-56-7-20. Board Members present: Chairman Gerard Members: Grigonis, Douglass, and Sawicki. P. Goehringer, Absent: Doyen (due to poor weather conditions) Also Present: ¥ictor Lessard, Building Dept., Linda Kowaiski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:43 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: This is somewhat a simiiiar application because they were all il9.2.applications. This is the the third of which de- sires to build a deck approximately 55 feet from the bulkhead. And I have a copy of the Suffolk county. Tax Map indicating this and surround- ing properties in the a~ea. I's there someone here that represents this? How do you-do sir. MR. SCHREYER: ~es I am. John Schr'eyer. CHAIRMAN GOEHRINGER: Were we down to your house once before for a variance.? What was that for? MR. SCHREYER: the waiver. Well, we're submitting for the Board of Trustees for CHAIRMAN GOEHRINGER: No. Was there some other time that we came down when you were in the process of building this house? MR. SCHREYER: What I was doing was remodeling the house as far as the previous s~ructure% We're just remodeling what was there. CHAIRMAN GOEHRINGER: I just remembered the site when I went down. ~s the proposed deck going to be roofed in,any way? Will.lit be roofed in any way? Any' roof over it? MR. SCHREYER: NO. CHAIRMAN GOEHRINGER: What's the approximate elevation off the ground? MR. SCHREYER: Approximately three feet. P~ge 2 - ThursdaY,-July 14, 1988 Public Hearing - John R. Schreyer Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Pretty much with the glass sliding doors? MR. SCHREYER: Yes. You see what happens was, I bo~gh~ that house as a handyman's special and the windows and doors were falling out of~it. The fellow that owned it, he built that house. His name was Mr. Falk. He was going to put a deck on it. All the sliding doors and everything I duplicated to exactly what he did but he never put the deck on there. And what happened was that there: was no deck on there and he really never got around to it and he kept renting the house. So it really got run down. When I bought the house three years ago, the taw was 40 feet. And then four months after I bought the house, it went to 70 feet. So the house really needs a deck with all the sliding doors and everything. CHAiRM~N GOEHRINGER: Are you planning any overhead lighting or any- thing that could cause a problem for'~the neighbors? Any spotlights or.~anything? MR. SCHREYER: I really don~t have any problem with neighbors because I'm on the Board of Z~Directors of Southold Shores myself. And those people over there~are very nice. CHAIRMAN GOEHRINGER: Well we thank you very much. MR. : Mr~.Chairman, is that wher~ the stakes are? CHAIRMAN GOEHRINGER: deck is going? You have the stakes out there already where the MR. SCHREYER: Yes. The deck is going to go where those stakes are~ CHAIRMAN GOEHR1NGER: Is there anybody el~Se who would like to speak in favor of this application? Anybody like to speak against the ap- plication? Hearing no further comment, I'll ask the Board members if they have anythinq e~se. Hearing no further comment, I'll make a m~otion closing the hearing reserving decision'un~il later. Ail in favor - AYE. Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, 'JULY 19, 1988 Appl. No. 3738 Applicant(s): GEORGE BORNSCHEIN Location of Property: 560 Oak Street, Cutchogue County Tax Map ID. No. 1000-136-1-44. Board Members present: Chairman Gerard Members: G~igonis, Douglass and Sawicki. P. Goehringer, Absent: Doyen (due to poor weather conditi',ons) Also present: Victor Lessard, Building Dept.', Linda Kowaiski, Z.B.A. Secretary and approXimately persons in the audience. The Chairman opened the hearing at 7:49 o'clock p.m. and[ read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated July 6, t979 showing penned in area~ where he intends to square off a house in the rearyard and'the attachment of the garage to the houSe. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard. You ex- ceed the lot coverage by What now? Are you familiar with that without looking at your .... ? MR. BORNSCHEIN: I believe the present lot coverage is 39% and I'm looking to go to 42%. CHAIRMAN GOEHRINGER: Ok. And the lot i~.aboUt~a 50 foot lot, 37? MR. BORNSCHEIN: It's 57 and a half by approximatelY 100. The reason for squaring off that house is that we intend to retire out here in the near future and we feel that the bedroom would have to be enlarged. And the only way to do that would be to accommodate the bedrooms to be on the second floor. So we plan to add a second floor. In order to get a reasonable workable floor plan on the first floor, we'd have to square off the present dwelling in order to get a kitchen, dining area and a living room. And the reason for the extension of the .... And by the way, I've r~equested a variance. Not a variance but a waiver from the Town Trustees and they have granted that waiver. The reason for the garage extension is the garage's outside dimensions are i6 feet 6 inches and I' can't even get my present car in there and I~beiieve I will always have a four~.door car. So I'd just. like to at the same time the house is being renovated, to enlarge the garage so that it all conforms to one architectural concept. CHAIRMAN GOEHRINGER: We have an area in this town that's very, similiar to'this area down here on Carol Road in Southold down by the Southold Beach Motel. And we've had about seven variances down there. And we P~ge 2 - Thursday, July 14, 1988 PubSic Hea~ing - George Bornschein Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued): have required everybody to put a rear door in their garage. able to do that? Are you MR. BORNSCHEIN: The present garage has a rear door and a rear door would be present in the nex extension. CHAIRMAN GOEHRINGER: I'm talking about a rear door that would be large enough"to accommodate fire equipment if it had to get to the rear of your structure. A door maybe six feet, seven feet. In other woHds, two garage doors. One on the front and one in the back. MR. BORNSCHEIN: ~i don't think~I have any major problem with that. At the present time, I have two s~inging doors on the street side. I plan to put an overhead door on that. And if the garage is extended to abutt up against the house, I have a door entering the garage from the front of the~house to enter the garage and make a right turn and be able to exit the garage toward the rear of the property. CHAIRMAN GOEHRINGER: Well, I have to go down there and do a measure- ment on the back of that garage. But the purpose of requiring that is basically for fire safety purposes and that is that; if there is a fire in the house, maybe the garage would be involved anyway since it's go- ing to be attached to the house if the Board so desires to grant this application. However, the~ifiremen, because you only have three feet on the southside of your prop~rty, fire pers~nell, and we are all firemen, would be able to'utilize the ingress and egress through the garage. Now, I realize your garage would be in there but they would' probably back that out or pull it out. And that's the purpose of requiring a fairly large rear door. I'm talking about larger than a swinging door. I'm talRing about a small garage door so to speak. Ok. And that's basically the only thing that~I'm concerned with. That's what we have been dealing with in an area such as Carol Road. we have required it on every variance that we had down there where a garage 'has been added to a structure. Thereby avoiding or precluding any access' to ths struc- ture on that side of the building. And to be perfectly honest with you, we feel 'that it's not only. for emergency purposes but it gives the property owner availability to the rearyard which they donut have if they onl~ had one single door in ths front. MR. BORNSCHEIN: Well 1 would'have, as I said before, an entrance to and' out of the garage toward the rear of the property'. CHAIRMAN GOEHRINGER: Well, we'~re going to go down the~e and taks a measurement and that may be one~'6f our stipulations in granting this application. So I'm just mentioning it to you at this time. MR. BO~NSCHEIN: of the house? ~ave you inspected the property and the squaring off CHAIRMAN GOEHRINGER: how the Board feels. Yes. I have no problems with it. We thank y~u very much. I don ~t know. MR. BORNSCHEIN: Ok. Thank you. Page 3 - Thursday, July 14, 1988 Public Hearing~ G~0'rge B0rnschein Southoid Zoning Board of Appeals CHAIRMAN GOEHRINGER: Is there'anybody else who would like to speak in favor of this.application? Is there anybody else who would like to speak against the application? Is there anybody who would like to speak. This is such a redundant statement and I apologize. is redundant for me. Hearing no further questions, I'll make a mo- tion closing the hearing reserving decision until later. Ail in favor - AYE. BY Nadia Moore Appl. No. 3743 Applicant (s): TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARDOF APPEALS REGULAR MEETING OF THURSDAY, JULY 19, 1988 NORTH PORK GREEK COMMUNITY Location of Property: 1950 Luthers ROad, Mattituck County Tax Map ID No. 1000-106,~9~-6.1. Board Members present: Chairman Gerard P. Goehringer, Members: Grigonis, Douglass, and Sawicki. Absent: Doyen (due to poor weather conditions) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:55 o'clock p.m. and read the notice of 3~hea~ing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey which I'll read into the record. It's actually a. sketch site plan. I b~lieve it was pro- duced by Gordon Ahiers dated 5/23/88 indicating the expansion around the existing church that exists now. And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Sir, how do you do? MR. AHLERS: My name is Gordon Ahlers. I'm the culprit so to speak. CHAIRMAN GOEHRINGER: In situations like this Mr. Ahiers, you're wel- come to say anything for the record. We are aware of the fact that this is a church and that it stands out away from the area, meaning the residential area. Where I'm familiar with it, it's basically in the middle of a farm area and I have no particular objection to this application at all Or the special exception. MR. AHLERS: Well, just aL a matter of record, this originally started out as refurbishing and rebuilding a fire damaged area in the church some two or three years ago. And in so doing, an analysis of the con- gregation brought about the fact that they didn't have~.i~any room. With the congregation so fast, in the last five holy.days, the basement had to be used for a place for overflow' and even that was crowded. So this is the basic.reason for the expansion of the church itself. CHAIRMAN GOEHRINGER: I see. I thank you. Has there been anythind done with-~the site plan approval from the Planning'Board concerning the drain-~ age? MR. AHLERS: Yes. We made the corrections that they asked for. CHAIRMAN GOEHRINGER: And you are the architect for them. What are you? P~ge 2 - Thursday, July 14, 1988 Public ~Hearing - North Fork Greek Community Sout~oid Zoning Board of Appeals MR. AHLERS: I'm the professional engineer. I'm not an architect. CHAIRMAN GOEHRINGER: You're the professional engineer. acting as an agent for the applicant now? Are you MR. AHLERS: Yes. CHAIRMAN GOEHRINGER: You are. Ok. We thank,you very much. Is there anybody else who would like to speak in favor of this appli- cation? AnybOdy like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion granting this application as applied for. Ail in favor - AYE. BY Nadfa Moore TRANSCR'IPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No.: 3737 Applicant(s): JOHN AND JOAN POLYWODA Location of Property:~ 55560 Main Road and 20 Hobart Road, Southold County Tax Map ID NO. 1000-62~3-2. B-1 Zone District Board Members present: Chairman Gerard Members: Grigonis, Douglass, and Sawicki. P. Goehringer, Absent: Doyen (dUe to poor weather con.di'ti'ons) Also Present: Victor LeSsard, Building D~pt., Linda K6walski, Z.B.A. Secretary and approximately persons in the audience. The Chariman opened the hearing at78:00 o'clock p.m. and read the notice of hearing and-application for the record. CHAIRMAN GOEHRINGER: I' have a copy of a~ survey dated, most recent date October 28, 1.987 on'behat~ of Peconic Surveyors showing a one- story' concrete block building and appears to be a two-story framed house attached to ]Et. And there are other assorted buildings on the premises. However, the nature of this application is a new addition of 11'.6~ bY,i~3.6~' approximateiy 29 feet from'~he Main Road on the west side of the building. And. ~" have a copy of th~ Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard sir? Anything you'd like to state for the record? MR. POLY~ODA: Just what you read right there is fine. CHAIRMAN GOEHRINGER: Is there anything you'd like to comment on in reference to the Planning. Board's letter that we just gave you. I know it's a little .... MR. POLYWODA: there. It's what it's going to be used for, right you put CHAIRMAN G©EHRINGER: Do you have any objection to placing screening around it so as to kind of screen the addition away from ~he rest of area? The Planning, Board also recommends that the appiican~ be asked to be place~evergreen screening along the side to block the view o'f the addition from the street and adjacent property. MR. POLYWODA: We can do that. No problem. Page 2 - ThurSday, July 14, 1988 Publi~ Hearing ~'John and Joan Polywoda Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Will this be entered from the inside of!".%he building or the outside of the building? MR. POLYWODA: Both. In other words, there will Me an outside which I'll will bring the empties into the building. CHAIRMAN GOEHRINGER: It will accommodate the new bo~l~ law? MR. POLYWODA: Exactly. CHAIRMAN GOEHRINGER: We thank you very much for-coming in. Is there anybody else who would. -like to be heard in favor'of this appli6ation? Against the application? I shOuld pause in between. Yes. MR. $awicki: John, is the ice machine going to remain? MR. POLYWODA: In the same spot, yes.. CHAIRMAN~GOEHRINGER: Hearing no further comments, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. BY Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN'B'OARD OF' APPEALs Appl. NO. 3741' .REGULAR MEETING 'OF '.THURSDAY, JULY' 1'4', 1'9'88 Applicant(s):. DOUG...LAS AND ELIZABETH wHEI~N Location.:of ~roperty: 11'45 Old 'Harbor Road, Suffolk County Tax Map ID. No: 1000,117'-03-8. Board Members.present: Chairman 3 G~r~Pd!v~ p. Goehringer, Members: Grigonis, Douglassv and sa-wick~. Absent: Doyen (due t'o poor weather con. di't,ions) Also Present: Victor ~essard, Building Dept., Linda Kowalski, Z.B.A. Secretary. and approximately persona in the' audience. The Chairman opened the hearing, at 8:'05 o'clock p.m. and read the notice of hearing'and application, for. the record. agree With the position of the house as I mentioned to ~. Whelan, amended September; 23, 1980 'indicabing a two-story barn type dwelling. And the addition which he. proposes fronts on bhe right-of-way. It's a proposed deck of appro~imate.ly 10 by 16. And I' have a Copy of the Suffolk COunty Tax. Map indicating this and surrounding properties in the area. Is'the builder handy? Yes. How' do you do sir. MR. HENRY: joseph Henry'from. Dan Home Improvements. CHAIRMtN GOEHRINGER: You were supposed to be h better sketch o~'.whe're the house actually sits.~ In other words, when I. was down there and had spoken to Mr. Whelan, I told him that the' house, I agree with him, was facing the right-.of-way. The Survey that I had basically shows me that the house is facing. Old Harbor Road. And if~ou want to take a look at this, I'll show you'what it means because"~doesn't sound like he told you. You see the way it's si~ting?' It should be ..... You've got the same thing. That's no"Pr0blem...~We have no prOblem with that. It's just that the house is drawn incorrectly. It should bettu~ned around like this. The.survey'is wrong. So if you just sup- ply us with, and you can take this one and draw it in like this coming across and jus~ show-us-where th~'iten feet is and just send it to us or drop it in the office in the next couple of days.' If you wouldn't mind doing that with the.'setbacks. W~ don't want.to hold you up. I know you're anxious 'tO get going on this and we just have to have the correct proximation of where the house is. In this particular case, as I said, it's showing facing Old Harbor Road. When in effect, the Pag~ 2 -'l'hu~s~ay, ~.u¢y ±4, Public Hearing - Douglas: and Elizabeth Whelan Sou~hold Zoning'..Board of Appeals CHAIRMAN GOEHRINGER (continued).:. side of the house, the side of the 'har~r~faces Old Harbor Road. Is there anybody~who..-would like to be h~a~d in'.:~'favor of this applica- tion other than' the builder? AnybodY'like to speak against the ap- plication? Hearing no further comment~ ...~:.~. This is a one-story deck. Is that correct? MR. HENRY: yes. CHAIRMAN GOEHRINGER: No roof or ~nything of that nature? MR. HENRy: There ~s' a .... CHAIRMAN GOEHRINGER: the one thing,,~ That"s right. It is a partial roof, shed over MR. HENRY: anything.- It is-16 by 5 foot and it's open. There is no walls CHAI~4AN GOEHRINGER: I'm glad I asked you that q~estion. MR. HENRY: There is' a railing too even though it's only eight inches off the ground. CHAIRM~N GOEHRIN~ER: Thank you... Hearing no':[further questions, I'll make a motion clOsing the hearing, reservzng decision until later. Ail in favor ; AYE'. BY Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPHALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl.-No. 3748 Applicant(s): JAMES AND ELAINE KELEMBELIDIS Location of Property: 395 Dogwood Lane, Southoid County Tax Map ID No.: 1000~54-5-28.1. Board Members present: Chairman Gerard,.-.~ P. Goehringer, Members: Grigonis, Douglass and SawicK1. Absent: Doyen (due to poor weather conditions) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 8:10 o'clock p.m. and read the notice of hearing and appliation for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey, with the most recent date of'June 22, 1987 indicating a two-storY framed"'house and garage. The applicant propose~'~'to extend the deck on the rear of that,;house to a distance 'approximately"...18 feet from~the rearyard. And I have a copy of the suffolk County Tax' Map. indicating, this and surrounding properties in the area. Is there somebody Who would like to be heard? How do you'.~?do? Just State your name for .the record~sir. MR. WILCOX :~. ~'Chester Wilcoxo CHAIRMAN GOEHRINGER: I's there any'particular reason why the appli- cant cho6se~. t0. come to a point with this deck_ in the rear of the house rather 'than squaring 'it off? MR. WILCOX~ simply ~just a design. Also, one 0f the reasons they .wanted to ex~end it is they haVe a mother'in-law 'who is an invalid in a Whe~l chair and it's good .for her to be out in .the sun. The deck that'was ori~in&..l!y there was only four feet and theY'd like something bigger so that she could get out in the sun a little bit mor e. CHAIRMAN GOEHRINGER: I see. And th'e ~deck is not to be roofed? deck will not be roofed? The MR. WILCOX: No. CHAIRMAN GOEHRINGER: It will remain open? MR. WILCOX: JUst railing. Rage ~2 - Thursday, July 14, 1988 Public Hearing - James and Elaine Kelembelidis S~thoid Zoning Board.of Appeals CHAIRMAN GOEHRINGER: Thank you. Is there~anybody else who would like to speak in favOr'of this application? Anybody like to speak against the applic'a'tion? ~'Q~estions from Board members? Hearing no further questions, I'll make a motion closing the hearing and re- serving'decision until later. Ail in favor - AYE. By¸ Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3742 Applicant(s): OLIVER CAMPBELL Location of Property: Cox Lane, Cutchogue County Tax Map ID No.: 1000-84'03-5. Board Members present: Chairman _ ~erar~ ~' P- Goehringer, Members: Grigonis, Douglass and Sawicki. Absent: Doyen (due to poor weather c0nditi6Hs) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. 'Secretary and approximately persons in the audience. The Chairman opened the hearing at S:15 o'clock p.m. and read the notice of hearing and appliation for the record. CHA.I~MAN GOEHRiNGER: I hate a copy of a site. plan produced by Peconic~Associates, most' recent date is 6/23/88 indicating a va- riety of trees on a rather large.piece of property and the ~rection of a proposed storage.building 60' 8" by 36' 5" approximately 16' 9" hiqh some 150 feet'into the property. And I have a copy of the Suff0ikc0Unty-Tax~Map indicating this and surrounding properties in the area. Would you. like-~o be heard~'Meri? MR.'WIGGINS: ~Merl Wiggins for the petition of 0liter Campbell-to constru.ct a storag~ b~ilding on an industrially zoned site. Mr. Campbell is one of the group that has of operating a business in a residential area. And he is involved in the construction Of' septic tanks, cesspools, excavation and that type of work A~d he's trying to purchase a two-acre wooded site and prop0.sing to' put approximately a-2,000 square foot building 125 feet back from Cox Lane and we.ma~e the entrance so its?curbs will shield it from the public. And .t'his is in compliance with the use of the property. All he needs is a special exception. We have Sent plans to the Planning Board which they now have under consideraticn. It's hoped that a speedy grant of this variance can be done.as Mr. Oliver is under the gun so to speak because he needs to move his operation away from the residential that's coupling to his commer- cial industrial property. CHAIRMAN'GOEH.RINGER: .The'only objection that I would place on be- half of.~.the Board is the existing screening that is showing on the site plan map along the road be continuou.sly maintained. And I Page~ 2 - Thursday,.July 14, 1988 Bub~ic Hearing - Oliver Campbell S~uthold Zoning Board of Appeals CHAIRMAN GOEHRINGER- (continued): realize it's a wooded site. However, we hope that these bushes are irrigated so they grow up so as to create more of a dense type of view into the site itself. I'm aware of the curvature of the driveway is good an~ so on and so forth. MR. WIGGINS: It's acceptable to the applicant. a screen. CHAIRS~N GOEHRINGER: We ~hank you very much. He will maintain MR. WIGGINS: Thank-you. CHAIrmAN GOEHRINGER: Is there anybody else who would like to speak in favor.of this application? -Anybody like to.speak against the ap- plication? Questions from Board members? Hearing no .further ques- tions, I'll make a motion'closing the hearing reserving decision until later. Ail in favor - AYE. BY Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3745 Applicant(s): JOSEPH SPITALIERE/JOHN C.W. CAMPBELL Location of Property: Cedar Beach Drive, County Tax Map ID No.: 10.00-90-4-'14 and 19. Board Members present: Chairman -Gerard ,- P. Goehringer, Members: Grigonis, Douglass and Sawicki. Absent: Doyen (due to poor weather conditions) Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A...Secretary and approximately persons in the audience. The Chairman opened the hearing at8:27 o'clock p.m. and read the notice of hearing and appliation for the record. CHAIRMA/~ GOEHRINGER: We have a copy of a plan of the road, most re- cent 'date is j~e. 18, 1988 and it indicates a right-of-way of some great !ength.!ea~.±ng 'to ,a.,waterfront piece of pr. operty. A~d I have a'copy of ~the Suf_folk. County Tax Map indicating this-and surrounding properties-in the area. Is there somebody who would like .to be heard? MR. SPITALIERE: I'm Joe Spitaliere, the applican~ as.you know. Just about the-~nly-.thing I can say about is, the 280A law, ]I feel, is a g06d~ iaw. I can't argue with the merits of it. But I am concer'ned about however, is the finan~iai burden'~ AS. I understand it, there was differen~ degrees of. the code or the law that can be enforced. I'd like the Board to take that into consideration. The fact that we're talking'about approximately 1,200 feet of road that's been there for some"time as I understand. Approximately 25 years from what I understand with people using it without-any difficulty° I do'however, see room for improvements. There's some potholes that have'to be filled. There's a low area that could be filled. The base, I 'feel, is in~Prett~' good shape f~om what I've seen and ex- perienced on it. .That's just about it. P%g~ 2 - Thursday, July 14, 1988 P blid Hearing - Joseph Spitaliere/John C.W. Campbell ~u~hold Zoning Board of Appeals CHAIRMAN GOEHRINGER: Ok. I thank you. I should mention.'for the record I had a discussion with you on the telephone and we did dis- cuss preliminary improvements~ and. we will'discuss that of course, bef6re we make a final decision. I thank you. MR. SPITALIERE: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of .this application? Anybody like to speak against the ap- plication? For t~e nature of the record, we had discussed on the telephone, .the regr~ding of the road, the filling of the potholes, the filling of the~ow area with bank run with a ten to 20~ stone content and then two inches of stone blend~to-a width of between 8 and 10 feet. And we discussed about the low hanging branches to a heighth of about i2 feet or thereabouts. 'And I guess that was ap- proximately the discussion. And so that I should say would answer that particular part.of it. Is there somebody else who would like to speak concerning this. Hearing no one, I'~ll make a motion closing the hearing reserving decision until later. Ail 'i~'favor - AYE. Nadia Moore TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. NO. 3749 Applicant(s): STERLING IDEA VENTURES Location of Property: 46025 C.R. 48, Southold County Tax Map ID No.: 1000-55-2-18.1. B-1 Genera] Business Zone District. Board Members present: Chairman ~ Gerard~ ~ P. Goehringer, Members: Grigonis, Douglass and Sawicki. Absent: Doyen Also Present: Victor Lessard, Building Dept., Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 8:35o'clock p.m. and read the notice of hearing and appliation for the record. CHAIRMAN GOEHRINGER; I have a site plan produCed by Garrett A. Strang. The'most.recent date. is 5/23/88 showing the building 25 '~feet from the' rear pr'operty line. And I have a copy of the Suffolk County Tax-Map indicating this and 'surrounding properties in area. Anytime you're ready. MR. STRANG: Th~'applicati0n as you're well aware, from reading it~ is seeking re.l~ef~ from the rearyard setback_req~irement~ Originally an application was made to the Planning Board and a site plan sub= mitted. It's-s0mewhat a different ~onfiguration which did in fact, meet the'zoning.criteria at ~hat~ime. However, through about six monthS'of So of.deliberations and meetings and.jiggling back and 'forth, the bottom line was that the Planninq Board had requested that the building'be set,back, as far on the site as was physically possible so that the landscaPing could be afforded in the front of 'the building where~it could be visible from the street as opposed to .ha~ing a lot of landscaped area or unpaved area in the rear of the building which really would serve no benefit at all. So we discussed it and the Board was aware of the fact by pushing the building ba~k, it would necessitate the variance and they felt that they wouid.be in favor of the variance .given the circumstances as we could then provide landscaping in the front of the building. I've just been given a copy of the co~respondence from the Planning Board that substantiates their position in that regard. They also had one other thing which was discussed and I g~ess items come up. I noticed it-on here. ts that the fact that they wanted a circula- tion booth around the~building entirely. And I called to their at- tention at that time, by requiring that it'would put us below the ~AGE 2 - Thursday~ Ju.~y 14, 1988 Public Hearing.- Sterling Idea~Ventures Southold Zoning IBoard~'.Of Appeals MR. STRANG (continued): 25%'landscaped'areal And they again, felt that they would still rather have ~hat circulation and give up that extra 5%. So con- squently we really are .here with, I guess, secondary or another request for relief from the 25% or 20%. I'm not sure if that's in the zoning or if-that's a requirement of th~ planning Board. CHAIRMAN GOEHRINGER: Without Planning, we couldn't deal with any of that if we didn't advertise for it. MR. STRANG: Ok. So that is the situation in that case. In any event, as the application reads and as the Planning Board, there is a C0unty of Suffolk recharge basin behind the said property. Certainly the idea of open space and the idea of setbacks is to maintain open space would-be, in this case, maintained to the fact that the recharge basin could not be or would not be built upon. There Would Stiil-be the required open space, if you will, the feeling~of open space~in that respect. I think it's sort of also impQrtant~-to-~note a~d keep in mind the fact that you can say that the landscaping in the front of the building is more impor- tant than the 5 f~e~ or 10 foot actually in .the rearyard. If the Board has any ~questions, I'~ certainly be happy to address them. CHAIRMAN GOEHRINGER:-'I don".t th~nk'~so. To be perfectly honest With you, it's.kind of easy to visualize .with having the-existing building that's down there~whe~e the Bagel Shop .is, the Hardware Store and so on. and so forth. And at the same ~ime, a new addi- tion'~hat exists on that which no one opposes. ~t's almost done. So what was'the originally plan? About '35 feet? MR. STRANG: 'The original .plan would ha~e maintained the 35 feet from 'the rear tine~and the original~'.'ptan Would have then lost 10 feet of the.'!andscaping 'in the front, of the b6ilding. And part of the Planning~Board's criteria ~was to try to, in that particular scheme, a parking lot area'was almost right up on the roadfront property line and .the~.wanted to have,some landscaping there which necessitated putting the3pa~king back. And consequently, every- thing got shoved back a little further. And we intention~ally off- set the building as this.configuration shows, so that we could de- vetop~some~'landscap~ng and something~interestiDg in that front area~ setback area. CHAIRMAN GQEHRINGER: That's the purpose of the protrusion on the rear of the building? MRo STRANG: Yes. It also, in all fairness to the .... I have a personal, problem aesthetically, with the strip, shopping center ap- pearance-of just one straight facade and I fe~t that aesthetically, we could deal'with the building a little better by having the off- set 'in the building and' ~laying with the roof~line to make it a ~a~ 3 - Thursday, July 14, 1988 Public Hearing J~sterting Idea Ventures Southold Zoning Board of Appeals MR, STRANG (Continued): somewhat.more attractive building and not necessarily another strip building along the North Road. · CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment ~rom anyone because there,s nobody else existing, I'll make ~mo~ion 'closing the hearing reserving decision until later. Ail in favor - AYE. Nadia Moore I~ECEIVED ~ND FILED BY ~.2. To~ Clerk, Town o~ Southold