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Home My WebLink AboutZBA-08/20/1987APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 MINUTES REGULAR MEETING TH~TRSDAY, AUGUST 20. 1987 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, AUGUST 20, 1987 commencing at 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York. Board Members present were: Chairman Gerard P. Goehringer, Charles Grigonis, Jr., Serge Doyen, Jr., Robert J. Douglass and Joseph H. Sawicki, constituting the full five-member Board. Also present were: Board Assistant Linda Kowalski, Executive Administrator Victor Lessard (Building Department), (and approximately 20 persons at the beginning of the meeting.) The Board proceeded with the following public hearings. During each of the hearings, testimony was received and the hearing was immediately concluded thereafter (except as noted otherwise). The transcripts of all hearings have been prepared verbatim under separate cover and attached at the back of %hese Minutes for future references. PUBLIC HEARINGS: 7:35 p.m. 7:43 p.m. 7:50 p.m. 7:55 p.m. and DAVID FREY Appl. No. 3602 - MARGARET McNAMARA. Appl. No. 3646 - ROBERT AND NANCY MUIR. Appl. No. 3643 - EUGENE PERINO. Appl. No. 3644 - JOSEPH REINHART, FRED WIGHTMAN APPROVAL OF MINUTES: Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and duly carried, to approve the Minutes of the following Board of Appeals Meetings: July 27, 1987 July 16, 1987 February 6, 1986 March 13, 1986. Southold Town Board of Appeals -2- August 20, 1987 Regular Meeting PUBLIC HEARINGS, continued: 8:00 p.m. Appl. 8:13 p.m. Appl. 8:22 p.m. Appl. 8:26 p.m. Appl. No. 3647 JOHN AND JOAN WETZEL No. 3648 - FERUCIO FRANKOLA No. 3655 - ELLEN HOPE DEMARIA No. 3656 - NICHOLAS IPPOLITO 8:38 to 8:45 At this time, a resolution was duly adopted by the Board Members for a temporary recess. The Meeting reconvened at 8:45 p.m. 8:45 p.m. Appl. 8:53 p.m. Appl. 8:56 p.m. Appl. 8:57 p.m. Appl. 9:06 p.m. Appl. No. 3653 - NORTH ROAD ASSOCIATES No. 3660 - PUDGE CORPORATION No. 3592 - BENTE SNELLENBURG No. 3661 - ERNEST TARMIN No. 3654 - WILLIAM MOORE and BENJAMIN HERZWEIG 9:40 - 9:45 p.m. At this time, a resolution was duly adopted by the Board Members for a temporary recess. The Meeting reconvened at 9:45 p.m. 9:45 p.m. Appl. No. 3654 Hearing reconvened briefly. WILLIAM MOORE and BENJAMIN HERZ%FEIG. The hearing was then recessed until September 10, 1987. ENVIRONMENTAL DECLARATIONS: On motion byMr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold: 1. TYPE II Actions, being setback or lot-line variances: (a) Appl. (b) Appl (c) Appl (d) Appl (e) Appl (f) Appl (g) Appl No. 3602 - No. 3646 - No. 3643 - No. 3647 No. 3648 No. 3655 - No. 3661 - MARGARET McNAFa~RA ROBERT AND NANCY MUIR EUGENE PERINO JOHN AND JOAN WETZEL FERUCIO FRANKOLA ELLEN HOPE DeMARIA ERNEST TARMIN 2. UNLISTED Actions (pending minimum 15 days and up to 60 days before action may be taken): (a) Appl. (b) Appl. (c) Appl. next 11 pages) No. 3656 - NICHOLAS IPPOLITO No. 3653 - NORTH ROAD ASSOCIATES No. 3660 - PUDGE CORPORATION. (continued on Southold Town Board of Appeals -3- ~/gust (Environmental Declarations, Continued:) 20, 1987 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAtlATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3602 PROJECT NAME: Margaret' McNamara This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~] Type'II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Wooden deck addition with insufficient setback from existing timber bulkhead LOCATION OF PROJECT: Town of Southold{ County of suffolk, more particularly known as: 640 Takaposha Road, Southold, NY 1000-87-6-10 REASON(S) SUPPORTING THIS DETERMINATION: (1) .An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. ~ (3) Information has been submitted'by applicant or his agent indi- cating that the project Will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. Southold Town Board of Appeals -4- ~ngust (Environmental Declarations, Continued:) 20, 1987 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMEMTAL DI]CLAI{ATJO~] Notice of Determination of Non-SLcu~if.[cance APPEAL NO.: 3646 PROJECT NA~: Robert and Nancy Muir This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to h~ve a cant adverse effect on thc environment for the re,ns~ns indieat~:d below. Please take further notice that this declaration should not b~ considered a determinatiou made for any other dopartm<~nt or aqoncy which may also have an application pending for the same or simildr project. TYPE OF ACTION: IX] Type II [ ] Unli'~zted [ ] DESCRIPTION OF ACTION: Construct additions to dwelling with insufficient rearyard setback and insufficient frontyard setback LOCATION OF PROJECT: Town of Sou[hold, County of Suffolk, more particularly known as: Gillette Drive and Cleaves Point Road, East Marion, NY 1000-38-2-29 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project bc imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE C~NTACT: Linda Kowals][i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to tile applicant or his agent and posted on the Town Clerk Bulletin Board. (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRON~E~TAL DI.CLAILA'I~©~] Notice of Determination of Non-Significance APPEAL NO.: 3643 PROJECT NA~: EUGENE PEKINO ' This notice is issued pursuant to Part 617 of'the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines cant adverse effect on the below. the within project not to h~w~ a ~;ignifi- environment ]'or tho re,~,~;on~-; indicat~_:d Please take further notice that Lh[s ch~cl.'tYatJ, on should not considered a determination made for any otber departn~ent or agency which may also have an application pending for the same or project. TYPE OF ACTION: IX] Type II [ ] UnlJ. stQd [ ] DESCRIPTION OF ACTION: Permission to locate propaed dwelling with or withouh deck addition within 75 feet of nearest wetlands along shoreline of Marion Lake LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West side of private right-?f-way known as "Truman's Path", East Marion, NY 1000-31-12-16 REASON(S) SUPPORTING TIIIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by' Section 617.13, 6 NYCRR, SEQRA (3) Informa~on'has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. Soutbold Town Board of Appeals -6- fUgust (Environmental Declarations, Continued:) 20 , 19~J7 ?,egu] ar £'4ee ting S.E.Q.R.A. NEGATIVE ENVIRONME~ITAL DECLARATI()N Notice of Determination of Non-Siqnificance APPEAL NO.: 3647 PROJECT NAME: JOHN AND JOAN WETZEL This notice is issued pursuant to Part 617 ef the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines thc within project not to hc~ve a signifi- cant adverse effect on the environment ]'or the reasons indicated below. Please take further notice that this declaration] should not be considered a determination made for any other depa]?tment or agency which may also have an application pending for the ~mc or simita~? project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct additions to dwelling with re- ductions in sideyard, and construct addition landward of existing dwelling structure 70 feet from nearest wetland edge LOCATION OF PROJECT: Town of Soul~hold, County of Suffolk, more particularly known as: 4635 Pequash Avenue, Cutchogue, NY 1000-137-4-6 REASON(S) SUPPORTING THIS DETERMINATION: (1) , An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the dist'hrbance of wetlands grasse or areas subject to flooding which may be considered wetlands. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONME~TAL DECLARATI©~ Notice of Determination of Non-Si.q_n__if~cance APPEAL NO.: 3648 PROJECT NA~: FERUCIO FRANKOLA This notice is issued pursuant to Part 617 of the implementing regulations pertaining.to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sign]fi- cant adverse effect on the environment ]'or thc reasons ir:dicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simit~tr project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct swimmingpool, deck and fence en- closure within 75 feet of wetland area along West Creek LOCATION OF PROJECT: particularly known as: 1000-78-2-36 Town of Southold, County of Suffolk, 1900 Glenn Road, Sduthold, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environ:nental Assessment in the short form has been submitted 'which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has~ been submitted by applicant or his agent indi- cating that the project will not involve the dist~:rbance of wetlands grasses or areas subject to flooding which may be considered wetlands. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals -8- Dngust 20, 1987 Regular Meeting (Environmental Declarations, Coutinued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAILAiif'N Notice of Determination of Non-Siqnificance APPEAL NO.: 3655 PROJECT NAME: ELLEN HOPE DeMARIA This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within proj(~ct not to hc~ve a sign]] i- cant adverse effect on the environment for th~ ~(~'~.~' n~,· indicated below. Please take further notice that this declaration sLould not be considered a determination made for any oth~r dopa~tm<,nt or ~gcncy which may also have an application pending for th~_~ same or simild~- project. TYPE OF ACTION: ~{ ] Type II [ ] Un]i~:tcd [ ] DESCRIPTION OF ACTION: Approval of the construction of accessory storage shed in frontyard area LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West side of Private Road (West View Drive) Orient, NY 1000-13-3-3 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTIIER INFORMATION, PLEASE CO~TACT: Linda Kowals]~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -9- Dngust (Environmental Declarations, Continued:) 20, 1987 Regular Meeting S.E.Q.R.A. NEGATIVE ENVIRONMEb~TAL DECLARATION Notice of Determination of Non-Siqnificance APPEAL NO.: 3661 PROJECT NAME: ERNEST TARMIN This notice is issued pursuant to Part 617 of thc implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within projcct not to have cant adverse effect on the environment for the rea.~ons indicat~.d below. Please take further notice that this declarati{>n should n~t considered a determination made for any otber department or agency which may also have an application pend].ng for tho same or project. TYPE OF ACTION: [X] Type II [ ] Un]i~ted [ ] DESCRIPTION OF ACTION:construct accessory stairs and platform along bluff along Long Island Sound LOCATION OF PROJECT: Town of Sou~hold, County of Suffolk, more particularly known as: Right-of-way off the north side of Main Road, Orient, NY 1000-14-2-1.1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur sho~ld this project be Jm[~le- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grass.es or areas subject to flooding which may be considered wetlands. FOR FURTHER INFOR~b%TION, PLEASE CO'NTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent ~n¢] posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -10- P~gust 20, 19~]7 [~egu]ar Meeting (Environmental Declarations, Continued: S.E.Q.R.A. NEGATIVE ENVIRONME~]TAL DECLAi~TI©N Notice of Determination of Non-Siqnificance APPEAL NO.: 3654 PROJECT NAME: WILLIAM MOORE, ESQ. and BENJAMIN HERZWEIG, ESQ. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasonr ~nd~atcd below. Please take further notice that this declarati{>n should not be · considered a determination made for any other department or agency which may also have an application pending for the same or project. TYPE OF ACTION: [X] Type II [ ] Un!i~ted [ ] DESCRIPTION OF ACTION: Establish "building envelope" with setbacks of not less than 38 feet from nearest wetland along ex~sting two-foot contour and not less than 30 feet from front property line LOCATION OF PROJECT: Town of Soufhold, County..of Suffolk, more particularly known as: 675 Meadow Lane, Mattituck, NY 1000-115-5-7 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be im[31e- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to f~ooding which may be considered wetlands. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA $outhold Town Board of Appeals -11- A/gust 20, 1987 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAIQATI©N Notice of Determination of Non-Significance APPEAL NO.: 3656 PROJECT NA~: NICHOL~SIPPOLITO This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of tho N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Locnl Law #44-4 of the Town of Southold. This board determines tile within proj{?ct not to have a sigsifi- cant adverse effect on tile environment for the r(~asons indicata~d below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similhr project. TYPE OF ACTION: [ ] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION:Construct garage additon to dwelling with insufficient southerly sideyard setback, insufficient total sideyards, insufficient setback from bulkhead and excessive lot coverage LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 230 Carole Road, Southold, NY 1000-52-2-7 REASON(S) SUPPORTING THIS DETERMINATION: (1) 'An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating ~hat the project will not involve the disturbance of wetlands grasse~ or areas subject to flooding which amy be considezed wetlands. (3) Separating the project in question from the waterfront or tidal area is other consturction and/or a bulkhead in good condition. Southold Town Board of Appeals -12- Dugust 20, 19~7 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMF. NTAL DI:X~LAILATI¢)N Notice of Determ~natJoI~ of Non-SicL{?ificance APPEAL NO.: 3653 PROJECT NAME: NORTH ROAD ASSOCIATES This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this decla~ati~>u should not considered a determination made for any other dc[3artment or agency which may also have an application pending for the .~ame or simil~J~r project. TYPE OF ACTION: [ ] Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: Approval of access over private righ-of-way extending 170 feet from the north side of Main Road LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: North side of Main Road, Orient, NY 1000-18-4-1.3 and 2 more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indi- cating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Southold Town Board of Appeals -1~- August 20, 1987 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. adopted. Messrs. Goehringer, Doyen, This resolution was duly PENDING INSPECTION: Appl. No. 3651 - DEAN KAMEN. Public Hearing scheduled for September 10, 1987. The Chairman indicated that the Bay Constable would be contacted and requested to provide a report on this proposed construction at North Dumpling Island, Town of Southold, together with Member Serge J. Doyen. SIGN RENEWALS: On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to approve the following renewals of sign applications for off-premises directional purposes, for a period of four years from the date hereof: Applicant Frank and Robert Klos Orient Country Store Ltd. Manor Grove Corp. John A. Polywoda (Fireside Pizza) Walter Teresko Puerto Verde Restaurant North Fork Community Theatre, Gulf Oil - Division of Cumberland Farms Greenport United Methodist Church Beachcomber Motel (Continued on next two pages) Permit Nu~er 1025 (L. Duell) 907 963 2432 1088 1580, 2550, 2037 inc. 914 921 2571-2573 1664, 1669 S0uth01d Town Board of Appeals -15- Returned sign renewals - July 1987 Advent Lutheran Church Archeological Association of NY Edna A. Brown Brown Hills Estates Armando Cappa The Barge Restaurant Cedars Golf Club Joseph Cherepowich Cove Properties Cutchogue Post Office Steve Doroski Mr. L. Duell orient Country Store LTD. Frohnhoefer Electric Co. Inc. Goldsmith's Boat Shop Inc. Greenport Shores Civic Association Joanthony's Restaurant Thomas and Florence Jurzenia John Koroleski Marian Council Knights of Columbus Lions Club Of Mattituck Long Island Vineyards Inc. Magic Fountain Jmaes Kreh Mattituck Inlet Marina & Shipyard Mattituck Merchants Inc. Mattituck Estates Mattituck ~-m~ng and Heating Mattituck Lanes Richard MacNish August 20, 1987 Regular Meetin§ Permit Ntlmber 2374 1493 1084 930 1428 1615 889 957 1152 1029 907 1028 1166 1124 1165 206, 1072, 1073 1784 1024 1065 & 1285 2309 887 1321, 1322, 1725, 1726 & 1727 279 948 935 1002 1003 Southold Town Board of Appeals -16- August 20, 1987 Regular Meetin§ North Fork Lions Club Raynor & Suter Fred & Harold Reese Reeve Lumber & Woodworking Co. Inc. San Simeon By The Sound Russell P. Silleck Agency (Sold) Silvermere Bungalows Richard Sledjeski Porky's Restaurant Sound Shore Southold Ro%ary Club Inc. Southold Town Democratic Committee Southold Town Republican Committee Robert Tabasko Mattituck Motel Village Marine of Mattituck Volinski Olds Inc. Wells Pontiac Cadillac Howard Zehner John Wickham Wickham Fruit Farms Mattituck Presbyterian Church Herbert Sanders Patricia Drossos Zeller. Agway Inc. Brian's Song Inc. Cedar Beach Park Association Philip Loria Joseph Krukowski Permit Nun~Der 1150 962 1441 1020 1224 1013 930 1042 1252 2443 2619 - 2626 2599 - 2608. 2744 2875 - 2880 2026 1714 1582, 1476,1477 1312 442 1009 932 1007 1785, 1927, 2422 1898 2288 936 905 1136 -17- Southold Town Board of Appeals August 20, 1987 Regular Meeting (Sign Renewals, continued:) Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. adopted. Messrs. Goehringer, Doyen, This resolution was duly UPDATE: Appl. No. 3542 - TIDE MARK (CLIFFSIDE ASSOCIATES, Owner). The Board was updated on the August 4, 1987 receipt of the Town Planning Board Office Notice of Positive Declaration dated June 15, 1987 for 76 motel units proposed at the north side of C.R. 48 in the Hamlet of Greenport; 1000-45-1-1. At this time, the requested Draft Environmental Impact Statement has not been submitted including the amendments for the transient motel use and was therefore deemed incomplete. HEARINGS FOR NEXT REGULAR MEETING CALENDAR: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to schedule the following matters for public hearings to be held at a Regular Meeting of the Board of Appeals on THURSDAY, SEPTEMBER 10, 1987 at the Southold Town Hall commencing at 7:30 p.m.: 7:35 p.m. Appl. No. 7:40 p.m. Appl. No. 7:45 p.m. Appl. No. 7:50 p.m. Appl. No. 7:55 p.m. Appl. No. 8:05 p.m. Appl. No. 8:10 p.m. Appl. No. 8:20 p.m. Appl. No. 8:35 p.m. Appl. No. 8:55 p.m. Appl. No. 3651 - DEAN KAMEN 3662 - THOMAS AND FRANCES SMITH 3622 - CHRISTIAN B. SALMINEN 3658 - PAUL AND CORRINE FERDENZI 3665 - LEHESK BUILDING CORP. 3593 - QUIET MAN INN 3659 ~ QUIET MAN INN 3628 GEORGE AND JANE KAYTIS 3654 - WILLIAM MOORE AND B. HERZWEIG 3653 - NORTH ROAD ASSOCIATES Vote Grigonis, adopted. of the Board: Ayes: Douglass and Sawicki. Messrs. Goehringer, Doyen, This resolution was duly Southold Town Board of Appeals-18-August 20, 1987 Regular Meeting OT~ER REVIEWS: The following matters were acknowledged and inspections or additional documentation were anticipated prior to the next advertising deadline for public hearings: 1. Application for ANNA AND GUIDE CIACIA. Area, width, depth, yard setbacks. B-Light Business Zone. Corner of Main and Kerwin Boulevard, Greenport. Await County Health waiver/action and P.B. review/comments on subdivision elements. 2. Appl. No. 3607 - JAMES P. O'NEILL and PETER J. McSHERRY. Area, width, depth variances. Wiggins and 8th Street, Greenport. (Await Co. Health Action and copy of Pre-C.Oo). 3. Appl. No. 3636V and 3636SE - TARTAN OIL CO. Road and W/s Marratooka Lane, Mattituck. S/s Main 4. Appl. No. 3662 - T~OMAS J. AND FRANCES M. SMIT~. Wetlands setback and insufficient sideyards for addition. Haywaters Drive, Cutchogue. 200 5. Appl. No. 3622 - C~RISTIAN SALMINEN. 6. Appl. No. 3592 - BENTE SNELLENBURG (carryover for October 8, 1987 continuation as agreed) UPDATE: APPL. NO. 3371 - FLORENCE ROLLE - pursuant to a Notice of Disapproval issued on February 26, 1985, a variance was filed under the Bulk Zoning Schedule for the substandard size of an 18,080 sq. ft. parcel located along the east side of Ole Jule Lane, contiguous to other premises of the applicant containing 12,742 sq. ft. and fronting along the north side of Kraus Road in the Hamlet of Mattituck, identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 5, Lot 8. In researching old basement files dating back to Febru- ary 4, 1960, a previous variance was found under Appl. No. 254 in behalf of Albert Zanowski (Mrs. Rolle's former husband), now deceased. Member Grigonis, who was a Board Member voting on the 1960 variance application, did review the file with the Chairman and the Board's Secretary, and agreed that the action is valid and still in effect since variances go with the land. The Chairman was authorized to bring this action to the attention of the applicant/property owner and was authorized to advise Mrs. Rolle that the variance applied is not necessary, after considering the previous action of the Board of Appeals and noting that the conditions of that appeal have been complied with (Lot #4 was sold and merged with Eleanor Papish's northerly Southold Town Board of Appeals-19-August 20, 1987 Regular Meeting (Update, continued: Appl. No. 3371 - ROLLE/ZANOWSKI) lot, and the remaining portion is the subject 90 ft. strip of land as shown on the "Map of Albert Zanowski dated January 29, 1951, Lot %3). It was noted that Mrs. Rolle must continue with the Planning Board, who is the proper authority concerning actions under the set-off subdivision regulations of the code. CORRESPONDENCE: The following correspondence was noted for the record from the agenda: A. Letters from concerned neighbors Re: GEORGE DAMIEN, asking the Board to re-open the hearing in order that they may object to the application. (The Board denied the appeal application for substandard lots earlier this evening, and a copy of the Board's decision will be furnished to the correspondent.) B. Letter dated August 13, 1987 from D. Schwartz Re: CHRISTOPHER AND WILLIAM CONNORS variance application, which is pending at this time. DELIBERATIONS/DECISIONS: The Board deliberated and took action (as follow) applications of: Appl. No. 3642 - DINA MA$SO Appl. No. 3631 - PUDGE CORP. Appl. No. 3635 - ARTHUR V. JUNGE Appl. No. 3581 - GEORGE D. DAMIEN. (Continued on following pages) on the Southold Town Board of Appeals -20-August 20, 1987 Regular Meeting DELIBERATIONS/DECISION: Appeal No. 3642: Application for DINA MASSO for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section III, Block 13, Lot 04. The Board made the following findings and determination following deliberations~ WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of DINA MASSO under Appl. No. 3642; and WHEREAS, at said ~earing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article XI, Section 1~0-119.2 of the Zoning Code for permission to construct accessory boatc~torage structure at the foot of the bluff, landward of.existing bulkhead, and to construct new stairway with landings in the adjacent area of the existing stairs, which will be removed, all as shown on plan drawn May 5, 1987, prepared by Garrett A. Strang, Architect. 2. The premises in question is known and referred to as Lot No. 39, "Amended Map A of Nassau Point," filed August 16, 1922, File No. 156. The subject premises consists of an area of 34,508 sq. ft. with frontage along the east side of Nassau Point Road of 100.48 feet, and is improved with an existing one-story, single- family dwelling set back 39± feet from the top of bluff, l0 feet from the southerly side property line, 16± feet from the northerly Southold Town Board of Appeals -21-August 20, 1987 Regular Meeting (Appl. No. 3642 MASSO decision, continued:) side property line, and 154.5 feet from the front property line. 3. The accessory boat-storage structure is proposed to be 12' by 24' and 12 ft. open deck (for an overall length of 36 feet), to be placed along the edge of the bulkhead, on concrete tubings and C.C.A. treated posts into the ground three feet. The platform construction proposed at the top of the bluff is to be not larger than 10' by 15' The stairs construction is proposed to extend from the top of the bluff (platform) down the bluff, with four landings, replacing the existing stairs immediately adjacent (to the north)~ 4. Article XI, Section i00-119.2 requires all buildings and structures to be set back not ~ess than seventyrfive (75) feet from a tidal water body, tidal wetland edge, ar fresh- water wetland. 5. Article III, Section lO0-31 permits the establishment of an accessory use for storage purposes, and this application indicates such accessory use will b~ incidental and accessory to the residential use gf the premises and not operated for gainful purposes, or habitable purposes~and will be used exclusively for storage of the owner's boat and similar articles. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is substantial in relation to the requirements; however~ the type of construction of the proposed structures and uniqueness of the property's elevations above mean sea level lend to the granting of the relief as noted below; (b) the difficulties claimed are sufficient to warrant a granting of the yarianc~ applied, with restrictions as noted below; (c) the difficulties claimed are sufficient to warrant a granting of a variance; Southold Town Board of Appeals-22- August 20, 1987 Regular Meeting (Appl. No. 3642 - MASSO decision, continued:) (d) there is no other method feasible for appel- lant to pursue for the purposes stated in this application; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the variance, as con- ditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Douglass and Sawicki, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2 in the Matter of the Application for DINA MASSO under Appl4 No. 3642, for a new accessory boat-storage structure, stairs and upper platform more parti- cularly depicted on Site Plan prepared by Garrett A~ Strang, R.A. drawn May 5, 1987~ and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Foundation of boat-storage structure to be of spile construction and self-supporting (not to be connected with existing bulkhead or existing spiles), to be a minimum of three feet back from the existing bulkhead, and to be con- structed in a fashion as not to caus~ erosion, raising if necessary; 2. Wood deck to be self-sustain~ng, also with spile construction in the ground and not anchored to bulkhead in any manner; 3. Stairs construction to be safe at all times and constructed in a manner as to aid tn the prevention of erosion; 4. Plantings under and around new construction as recommended by the Suffolk County Soil and Water Conservation District; 5. Boat-storage facilities. No cabana habitable facilities; structure shall be free of plumbing or similar uses, no sleeping or 6. All lighting at ground level and shielded to the property. 7. Existing posts (of construction to be removed) Southold Town Board of Appeals -23-August 20, 1987 Regular Meeting (Appl. No. 3642 MASSO decision, continued:) shall be cut at ground level, and without excavation. Vote of the Grigonis, Douglass adopted. Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. This resolution was duly DELIBERATIONS/DECISION: Appl. No. 3631: Application of PUDGE CORP. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) for permission to establish and con- struct 7500 sq. ft. building for industrial use in this "A" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 20, containing 39,524+ sq. ft. in lot area. Deliberations. Following deliberations, the Board took the following action: WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of PUDGE CORP. under Appl. No. 3631, and; WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the Board made the following findings of fact: 1. The premises in question is a described parcel of land containing a lot area of .895 of an acre, or 39,524 sq. ft., with frontage (lot width) of 150 ft. along the north side of C.R. 48, Hamlet of Cutchogue, is vacant, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 20. Southold Town Board of Appeals-24-August 20, (Appl. No. 3642 - MASSO decision, continued:) 1987 Regular Meeting 2. The subject premises is located in the '~A" Residential and Agricultural Zoning District and is immediately adjacent to the Town of Southold Disposal Site at the north side. The premises immediately adjoining this property along the west side is also vacant and along the east side is a parcel of 6.29± acres with agricultural uses. 3. Town assessment records show the owner of the subject parcel to be John S. Wickham, although it is our understanding that there has been a recent conveyance to Pudge Corp. and/or James L. Gray, Sr. (No proof of such conveyance has been submitted or found.) 4. By this application, appellant requests a Variance from the Zoning Ordinance to permit the construction of 100' wide by 75 ft. deep building for industrial use as more partiuclarly shown on Drawing #SK-1 premises by John A. Grammas and Associates April 29, 1987. 5. No evidence has been introduced as required by law that: (a) the land in question cannot yield a reasonable return if used only for the purpose of the zone in which it is located; (b) that the plight of the owner is due to unique circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; (c) that the use to be authorized will not alter the essential character of the neighborhood; (d) there is dollars and cents proof to substantiate the unnecessary hardship claimed. This Board is aware that the proposed new Master Plan Maps depict this property for LIO, Light Industry, which would permit this use by Special Exception approval, and does sympathize with petitioner's plight; however, the Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested. Accordingly, on motion by Mr. Douglass, seconded by Southold Town Board of Appeals -25-August 20, 1987 Regular Meeting (Appl. No. 3642 MASSO decision, continued:) Mr. Grigonis, it was RESOLVED, that the Variance requested under Appeal No. 3631 in the Matter of the Application of PUDGE CORP. BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. adopted. Messrs. Goehringer, Doyen, This resolution was duly DELIBERATIONS/DECISION: Appl. No. 3635: Application of ARTHUR V. JUNGE for a Variance to the Zoning Ordi- nance, Article III, Section lO0-30(A) for permission to establish elec- trical shop use in this "A-40" Residential and Agricultural Zoning District. Location of Property: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19, con- taining 45,589+ sq. ft. in lot area. Deliberations. Following deliberations, the Board took the following action: WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of ARTHUR V. JUNGE, under Application No. 3635; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and familiar with the premises in question, its present zoning, and the surrounding areas; and are WHEREAS, the Board made the following findings of fact: 1. The premises in question is a described parcel of land containing a lot area of .975 of an acre, or 45,589 sq. ft., with frontage (lot width) of 168.17 feet along the north side of C.R. 48, Hamlet of Cutchogue, is vacant, and is more parti- cularly shown on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 19. 2. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is immediately adjacent to the Town of Southold Disposal Site at the north side. The premises immediately adjoining this property along the west side is a parcel Southold Town Board of Appeals -26- August 20, 1987 Regular Meeting (Appl. No. 3635 JUNGE decision, continued:) of 1.2± acres improved with a single-family dwelling and along the east side is a vacant parcel of 39,524 sq. ft. lalso located in this Residential and Agricultural Zoning District). 3. Town assessment records as of the date of this decision show the owner of the subject parcel to be John S. Wickham, although it is our understanding that there has been a recent conveyance to Arthur V. Junge or Arthur V. Junge Inc. (A copy of an unexecuted deed from Timothy Scott Gray to Arthur V. Junge dated April 6, 1987 has been furnished for the file.) 4. By this application, appellant requests a Variance from the Zoning Ordinance to permit the construction of an 4400 sq. ft. building as shown on Site Plan prepared March 10, 1987 by John A. Grammas and Associates and referred to as Building "A," with dimensions of 110 ft. wide by 40 ft. deep and shown to be set back 60 set from the front property line. Also shown on the Site Plan is a future Building "B" to the rear (north) of Building "A". The occupancy proposed by the appellant is a contractor's business and shop. 5. No evidence has been introduced as required by law that: (a) the land in question return if used only for the purpose is located; cannot yield a reasonable of the zone in which it (b) that the plight of the owner is due to unique circumstances and not to the general conditions of the neigh- borhood which may reflect the unreasonableness of the zoning ordinance itself; (c) that the use to be authorized will not alter the essential character of the neighborhood; (d) there is dollars and cents proof to substantiate the unnecessary hardship claimed. This Board is aware that the proposed new Master Plan Maps depict this property for LIO, Light Industry, which would permit this use by Special Exception approval, and does sympathize with petitioner's plight; however, the Board finds that the criteria set by the Courts has not been sufficiently Southold Town Board of Appeals -27- August 20, 1987 Regular Meeting (Appl. No. 3635 - JUNGE decision, continued:) met and therefore lacks authority to grant the relief as requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the Variance requested under Appeal No. 3635 in the Matter of the Application of ARTHUR V. JUNGE BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. Southold Town Board of Appeals -28- August 20, 1987 Regular Meeting DELIBERATIONS/DECISION: Appeal No. 3581. Application of GEORGE D. DAMIEN for Variances to the Zoning Ordinance, Article III~ Section 100-31, and Bulk Schedule, for approval of insufficient area, width and depth of two parcels in this pending set-off division of land located at the Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12, containing a total area of 28,919± sq. ft. Following deliberations~ the Board took the following action~ WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of GEORGE D. DAMIEN under Appeal No. 3581, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas~ and WHEREAS, the Board made the following findings of fact~ 1. By this application, appellant requests area variances for approval of: (a) insufficient lot area of 12,663 sq. ft. and 16,256 sq. ft., Lots A and B respectively] (b) insufficient lot width (frontage) of 101.22 fe~t along Main Street and 125.0 feet along Fifth Street, Lot A; and insufficient lot width [front- ~§e] of 90.tl feet along Jackson Street, Lot B; (~) insufftcien~ l~ ~ep~h of 101,41 f~ Lo~ A ~d B, all as more particularly depicted on Map amended September 3, 1986, prepared by Roderick VanTuyl & Son. 2. The property in question contains a total area of 28~919 sq. ft. with frontage along the south side of Main Street of 101.22 feet, along the east side of Fifth Street of 301.67 feet, and along the north side of Jackson Street of 90.11 feet. The entire premises was conveyed as more particularly shown by deed at Liber Southold Town Board of Appeals -29-August 20, 1987 Regular Meeting (Appl. No. 3581 DAMIEN decision, continued:) 5911 page 167, dated January 22, 1966 from Margaret W. Roache. 3. The subject premises is improved with the following structures: (a) one single-family dwelling, and (b) one acces- sory garage, both constructed under Building Permits #3475Z and #3646Z. A final Certificate of Occupancy #Z3412 was issued for the dwelling on January 28, 1969. The dwelling is shown on survey prepared by VanTuyl & Son dated July 15, 1968 to be set back 40± feet from Fifth Street, 28 feet from Jackson Street, and 25 feet from the easterly property line. The setback from the existing dwelling to the proposed division line scales out to ll5± feet. 4. On September l, 1966, Board of Appeals action was taken concerning an application for a variance for three lots having insufficient area under Appeal No. 949 denying "...permission to divide into three separate building lot~..~.~' 5. On May 5, 1967, Building Permits #3475Z and #3474Z were issued for the construction of two single-family dwellings, one on the northerly portion of the premises and the other on the southerly portion of the premises. A single-family dwelling was constructed under Permit #3475Z and a final Certificate of Occupancy #Z3412 was issued January 28, 1969. The second Building Permit #3474Z expired and no construction took place thereunder. 6. It is noted that by letter dated November 5, 1975, the Town Building Inspector ~dvised the applicant that ~...the action of the Board of Appeals #949, Sept. 1, 1966, dividing your property on E/S Fifth St., New Suffolk, into two building lots, one with frontage on Jackson St. and the other with frontage on Main Street, has not been changed or rescinded .... You still have two building lots on E/s Fifth Street as the Board set them off in 1966 .... ~ 7. During November 19?l and up until May 1983, the minimum lot area requirements of the Zoning Code was increased from 12,500 sq. ft. to 40,000 sq. ft. After investigation and extensive research, no documentation was found in the Town records substantiating the prior Building Inspector's position. On October 27, 1980, Mr. Damien was advised by letter signed by a Town Building Inspector that the zoning Southold Town Board of Appeals -30- August 20, 1987 Regular Meeting (Appl. No. 3581 DAMIEN decision, continued:) requirements were increased in 1971, "...That you cannot subdivide property into lots with less than 40,000 sq. ft. in area...Therefore you cannot get a permit to build another dwelling on your lot .... " Again by letter dated August 6, 1982, Mr. Damien was advised by the Building Department that the Board of Appeals denied his application in 1966 for the insufficient area of three lots and that approval could have been obtained if he reapplied for the two lots during that period of time since the requirements at that time were a minimum lot area of 12,500 sq. ft. and subject to approval by the Planning Board under the subdivision regulations in effect at that time. 8. Before, during and subsequent to 1966, the Southold Town Planning Board was the proper authority to approve or otherwise act on subdivisions. The Board of Appeals did not have authority during 1966 to subdivide, except to consider applications in varying the zoning regulations as to lot size, etc. It is understood that the applicant was told that he had the right to have two lots, an~ that he would have to apply again. No record was found for approval of the two-lot subdivision, by any Town or County agency, except that in 1975 the prior Building Inspector believed that Mr. Damien had approval for two lots by the denial of the three applied for in 1966. 9. Today's minimum lot size requirements under Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq, ft., minimum lot width of 175 feet, and minimum lot depth of 250 feet. 10. Town records show: (a) the appellants-owners have always received one tax bill for the entire parcel, (b) there is one deed of record dated January 22, 1966 at Liber 5911 page 167 conveying the entire parcel of 28,919± sq. ft. to the owner-appellants, (c) an application is presently pending with the Suffolk County Health Department for Article VI Development/Subdivision approval and to date no final action has been rendered, (d) an application is presently pending (filed during May 1987) with the South- old Town Planning Board for a set-off division of land and to date no action has been rendered. ll. The percentage of relief requested from the lot Southold Town Board of Appeals -31- August 20, 1987 Regular Meeting (Appl. No. 3581 - DAMIEN decision, continued: area requirements are: (a) for the northerly proposed parcel [Lot Al 84%, (b) for the southerly proposed parcel [Lot B] 80%. The percentages as to lot width and lot depth varies from 60% to 29%. 12. In viewing the immediate area within Section ll7, District 1000 of the Suffolk County Tax Maps, the Board finds the following lots existing: Lot 11, Block 9, containing 2.6± acres and situate opposite the appellant's premises across Fifth Street; Lot l~ Block 8, to the north of appellant's premises opposite Ma~n Street, containing a total area of 30,000± S~- ft.; Lot 13, Block 10, to the south opposite Jackson S~reet containing 30,000~ sq. ft,; and Lots abutting the subject premises along the east side presently of Fudjinski and Acker of 15,250± sq. ft. and 13,000± sq. ft. respectively. 13. It has been held by the Courts (VanDusen v. Jackson, 35 AD2d 58) that a Board of Appeals cannot under the semblance of a variance exercise legislative powers. It Cs apparent that the variances requested are substantial in respect to lot area, lot width, 'lot depth, and would in effect establish a zone district completely at odds with all other zone dis- tricts provided for in the Zoning Code an~ Zoning Map. 14. Additionally, the Board finds and determines: (a) that the difficulties claimed are self-imposed, particularly due to the inactio~ of the property owner over the period of time, from 1975 to the present time~ to obtain map approval or other documentation (such as a vacant Land Certificate of Occupancy, separate tax bills, separate deeds, etc.). (b) the percentage of relief requested is substan- tial in relation to the zoning requirements, being a variance from 80% to 29% of the requirements as to area, Width, and depth; (c) there is no other method feasible for appellant to pursue other than a variance~ (d) it is the burden of the landowner to prove that Southold Town Board of Appeals -32- August 20, 1987 Regular Meeting (Appl. No. 3581 - DAMIEN decision, continued: the area restrictions as applied to his land mposes signifi- cant economic injury [Fulling v. Palumbo, 21 NY2d 30]; (e) the effect, if the variance is allowed, is minimal of the increased population density thus produced on available governmental facilities; (f) a substantial change will be produced in the character of the neighborhood since there are lots existing of a size larger than that proposed herein; (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by denying the variances as applied. Accordingly, on motion by Mr. Grigonis, Mr. Goehringer, it was seconded by RESOLVED, that the relief requested under Appeal No. 3581 in the Matter of the Application of GEORGE D. DAMIEN, BE AND HEREBY IS DENIED Vote of the Board: Ayes: Grigonis, Douglass and Sawicki. adopted. Messrs. Goehringer, Doyen, This resolution was duly Southold Town Board of Appeals-33-August 20, 1987 Regular Meeting UPDATE: Other Matters Pending Public Hearings (awaiting additional information as noted below): Appeal No. 3259 NICHOLAS ALIANO. Special Exception to establish four two-story motel buildings containing l0 motel units for transient use, and an office building of 2,500 sq. ft. in area 6n this 3.721-acre parcel, zoned "B-Light Business." S/s Main Road, Greenport (along the east side of 7:ll). **Recessed hearing from 8/23/84 awaiting Village of Greenport contracts to which this plan is contingent upon before action ~an be taken. Appeal No. 3558 NICK AND ANNA PALEOS. Variance for insufficient area, width and depth (three proposed lots). S/s C.R. 48, Peconic (formerly Hass). Await Art. 6 Subdivision Action before advertising. (P.B. review 10/6/86). H. Raynor, Agent. Appeal No. 3561 DOROTHY L. ROBER?SON. Variance for Snsufficient area, width and depth (two lo~s). S/s Northview Drive, Orient. Await Art. 6 Action before advertising. R. Bruer, Esq. Appeal No. 3298 - C & L REALTY/PORT OF EGYPT. Variance to construct 40-unit motel on insufficient buildable upland of 4.83 acres and having insufficient sideyards. S/s Main Road (prev. Southold Fishing Station/Morris), Southold. I**Await corrected site plans, topographical survey including lowest floor elevations above mean sea level, Nealth Department approvals, N.Y.S.D.E.C. action, comments or input from Planning Board after review of site plan.) 10/9/84 Appeal No. 3183 MARY N. CODE. Smith Drive North, S6uthold. Proposed re.~paration of lots. Await DEC and Plannin§ Board applications to be filed for coordination/action. Appeal No. 3274 BEST, SCHMITT, SYVERSON. Variances for insufficient area, width in proposed divisi6h of ]and, ROW off £/s Camp Mineola Road, along Great Peconic Bay, Mattituck. (**Await Co. Health Art. 6, N.Y.S.D.E.C., Planning Board before advertising public hearing. Recent change in title.) ~ Appeal No. 2929 SAL CAIOLA. Project as proposed is questionable. Status/clarification awaited. N/s CR 48, Southold. Southold Town Board of Appeals-34-August 20, 1987 Regular Meeting (UPDATE, continued:) Appeal No. 3575 - ROSA HODGSON. Variances as to insufficient area and width of proposed 45,000± sq. ft. lot from 7.152-acre parcel. N?~'Pine Neck Road, Southold. Await Co. Health Art. 6 action. Garrett A. Strang, Architect, to send letter clarifying ROW ownership, etc. {Public Hearing not to be held before 4/7/87). Appeal No. 3389 THEODORE PETIKAS. Variance to use residential portion of premises for restaurant use. W/s~Sound Road and N/s Main Road, Greenport. Await further instructions from attorney or applicant. Await PB input on revisions. Appeal No. 3564 - JOHN DEMPSEY (Contract Vendee). Variances for insufficient setback from bluff and 280-a. No record of town approval on subdiv'ision. C.O. not available. N/s ROW off the N/s Oregon Road, Cutchogue. Appeal No. 3206 - HENRY P. SMITH. Variances for insufficient area a~8 WiSth (two lots .--~-~)J7~-'p~nic Lane, Peconic. p. Ofrias, Esq. Multiple business uses. P.B. recommends 24 parking spaces. (No communications received since 7/26/84.) Appeal No. 3548 FRANK R. ZALESKI. Variances for insufficient area width and depth (three parcels i----~ p~nding division). E/s · Await Deep Hole Drive, M~ttit'uck. 1/295-acre described parcel. (exp. 12/87). Co. Health Art. 6 roval. Rec. PB input and DEC permit Henry RadnOr, A~ent. Appeal No. 3600SE T. LUCAS AND G. & A. BELIS. Special Exception to allow 70 motel units on 7.~SlG-'-~s zoned "B-Light" Business, 4,000 sq. ft. of land area per unit with Village water. S/s Main Road (prev. golf range), Greenport. Await §ix items per our Resolution 1/8/87, before advertising for public hearinq. Appeal No. 3549 J. KALIN AND B. GIBBS. Variances as insufficient area, width and depth. N/s MaTh Road, Orient. Await Co. Health Art. 6 waiver and copies of current deeds. (As of 2/19/87 Co. Health Art. 6 appl. not filed.) to Appeal No. 3556 EUGENE AND ANN BURGER. with insufficient setback from wetlands along 25)5 Pine Tree Road, Cutchogue. Await CO and requested from nearest wetlands. Photographs after flagging of construction area. Variance for deed Little Creek. exact setback may be furnished SOuthold Town Board of Appeals -35- August 20, 1987 Regular Meeting (UPDATE, continued:) Appeal No. 3371 FLORENCE ROLLE. Variances for area and depth, two parcels. E/s Ole Jule Lane and N/s Kraus Road, Mattituck. (**Await Co. Health Art, 6 action.) A. Wickham, Esq. Appeal No. 3342 PHILIP R. REINHARDT. Variances for area and width (two parce-~.- **Recessed from 5/25/83 as requested by attorney for County Health Dept. Art. 6 action (and DEC). N/s Pine N~ck Road (opposite Park Way), Southold. R. Bruer, Esq. Appeal No. 3191 HERBERT MANDEL. Variance to change lot line and locate garage, in front/side yard areas. E/s Linet Lane Extension, Greenport. Premises of Clempner and Mandel. Await DEC action and PB input before advertising.) Appeal No. 3249 DONALD P. BRICKL~E~. Variance for nsufficient area and width. S/s Bay Avenue and E/s Broadwater Drive, Cutchogue. (**Await DEC, Art. 6 action and contour maps.) Appeal No. 3268 -'J. KATHERINE TUTHILL. Variance for insufficient area, width and depth of lots proposed in this "C" Zone. Planning Board denied 9/84. (**Await DEC and Co. Health Art. 6 action after formal applications.) Appeal No. 3542 TIDEMARK/CLIFFSIDE ASSOCIATES. Await copies of. Co. Wealth ~p~oval, updated certification on amended maps by Building Inspector, and continuation of SEQRA pro6ess when file is complete. P.B. received 12/22/86; DEC received 11/6/86. Appeal No. 3537 ROBERT AND SUSAN D'URSO~ Breezy Path, Southold. ~ait DEC, Co. Health and Trustee actions (after formal applications) to complete file. New dwelling with insufficient setback from wetlands and bulkhead. R. Bruer, Esq. Appeal No. 3545 - PATRICK STIGLIANI. Main Bayview Road, Southold. Await Co. H~lth Ar~. 6 a~jon. Area, width and depth variances. Alfred Skiumore, ~sq. {Village water hot available.) Southold Town Board of Appeals -36- August 20, 1987 Regular Meeting (Updates, continued:) Appeal Appeal Appeal Appl. Appeal Appeal Appeal No. 3652 - ANNA AND GUIDO CIACIA. Variances for area, width, depth, yard setbacks in this "B-Light Zone. Corner of Main Road and Kerwin Boulevard, Greenport. [Await Co. Health and P.B. reviews] No. 3649 CHRIS AND WILLIAM CONNORS. Variance for insufficient setback from wetlands. West Drive, Southold. [Await finalization of SEQRA and Town Trustee action]before advertising.] No. 3636 TARTAN OIL CO. Variance for convenience store as accessory .use to gasoline service. Corners of S/s Main Road, E/s Sunset Lane and W/s Marratooka Road, Mattituck. [Await additional information and P.Bo reviews.] No. 3633 - TARTAN OIL CO. Special Exception for partial self-service gasoline station. Main Road, Marratooka and Sunset Lanes, Mattituck. [Await additional information and P.B. reviews.] No. 3627 LILLIAN VISHNO. Variances for insuffi- cient area, width and depth.for three proposed lots. 810 Corwin St., Greenport. [Await Co. Health and P.B. applications/reviews/communications.] No. 3628 - GEORGE AND JANE KAYTIS. Area variance for two proposed lots at Paradise Point Road, Southold. [Await Co. Health and P.B. applications/reviews/ communications.] No. 3614 - ROBERT AND ETHEL SCHROEDER. Interpreta- tion request. S/s Route 25, East Marion. [Await confirmation of activities conducted and survey. Further direction awaited from applicant~' attorney.] Southold Town Board of Appeals -37- August 20, 1987 Regular Meeting (UPDATES, continued:) Appeal No. 3514 - GEORGE P. SCHADE. Variances for insufficient area, width and depth in this pending division. (Await Co. Health Art. VI waiver/action before advertising.) Appeal No. 3495 - JOHN AND GLORIA SHIRVELL. Variances for insufficient area, width and depth of two proposed parcels. North Side of Pine Tree Road, Cutchogue. (Await Co. Health Art. VI waiver/action before advertising.) Appeal (incomplete) for LOIS AND FRANK THORP. East Side of West Lane and S/s North Lane (private), off the east side of Orchard Lane, East Marion. Variances for approval of insufficient area, width, depth, etc. of lots in pend- ing division. (**Await Notice of Disapproval after application to Building Department, reissuance of filing fee, postmarked certified-mail receipts, etc.) Appeal No. 3293 - HAROLD AND JOSEPHINE DENEEN. Variances for proposed insufficient area, width and depth of three parcels. W/s ROW off the S/s Bayview Road (west of Waterview Drive), Southold. 280-a not requested. (**Await Co. Health Art. VI and DEC approvals/action.) Appeal No. 3367 LOIS AND PATRICIA LESNIKOWSKI. Variance for approval of two proposed parcels with insufficient area and width. S/s North Drive, Mattituck. (**Await DEC, building envelope setbacks, and setbacks from wetland grasses.) Appeal No. 3355 PAUL AND MARIETTA CANALIZO. Variance to construct with insufficient setback in frontyard from wetlandsJ (**Await DEC and wetland setbacks map. Trustees reviews pegding--new application may be necessary for Trustee action.and DEC action updates.) Southold Town Board of Appeals -38- August 20, 1987 Regular Meeting (UPDATES, continued:) Appeal No. 3445 - JULIUS ZEBROSKI. Variance for approval of insuffT~-ient area ~ width of two pro- posed lots. E/s Waterview Drive and N/s Bayview Road, Southold. (**Await Art. VI action and copy of C.O.) Paul Caminiti, Esq. Appeal No. 3449 - FRANK AND ETHEL BEGORA. Variances for insufficient area, width and depth in this pending division (three parcels). N/s Main Road, East Marion. (Await P.B. application/referral comments after sub- mission of corrected maps (for three rather than twoi await C.O. of record, if any.) Paul Caminiti, Esq. Appeal No. 3403 - ANNA LORIA. Variances for approval of two parcels having insufficient area, width and depth in this pending division of land. W/s First Street and N/s King Street, New Suffolk. (Await Co. Health Art. VI action after application.) Appeal No. of access additional on pending 3426 GERALD DOROSKI. Variance for approval (280-a).-~N/s C.R. 48, Peconic. (Await information to clarify ROW and P.B. input division abutting premises to the east.) Appeal No. 3411 - ANDREW FOHRKOLB. Variance to restore existing building for habitable use (additional dwelling unit). S/s Lipco Road, Mattituck. (Await scaled floor plans and C.O.) Helen Rosenblum, Esq. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. (Attached are transcripts of the hearings held earlier, prepared under separate cover, for future reference.) The meeting was adjourned at approximately 10:50 p.m. Respectfully submitted, F. Kowalski, Secretary .... ~"'~ . ~ yJ Southold Town Board of Appeals ~../~'Approved - ' 'J TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF AUGUST 20, 1987 Appl.-No. 3602 Applicant(s): MARGARET McNAMARA Location of Property: 640 Takaposha Road, Southold County Tax Map ID No. lO00~ 87 a 6 10 Board Members present were: Chairman Goehringer P. Goehringer, Members Grigonis, Douglass, EoyenandSawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 7:30 o'clock porn. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the sketch of the survey indicating the approximate.plac~nent of the house on the property which presently exists approximately 48 feet frcm the timber bulkhead which is adjacent to Peconic Bay' and approximately 22 feet frcm the private road and 36 feet from the west proper- ty line and an existing 42 feet from the east property line. And I have a copy of !the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLoughlin, would you like to be heard? MR. McLAUGHLIN: Initially, I'd like to clarify here that we are no 16nger looking for excess lot coverage on this application. We have received the Town Trustees waiver. We have filed and received a D,E.C. tidal wetlands permit. And as part of that permit, we have revised the configuration size of the deck. The new configuration of which you do have a copy, results in a lot coverage of less than 18%. So we."re no longer looking for any variance on lot coverage. The sole variance that we're looking for from the Board this evening zs the setback from Little Peconic Bay. The deck, as proposed, will result in a structure being approximately 44 feet from Little Peconic Bay and approximately 30 feet from an existing timber bulkhead that is in good condition. .As stated in the application, all of the, or most of the surrounding properties have buildings on them that are within the 75 foot setback and they were all built prior to the enactment of that legislation, I believe. We have sort of a unique situation here and this house is built on pilings and it does result in a fairly unsightly house. The pilings are very evident all the way around it. By putting this deck on, we will be ele- viating that propblem. I believe the Board does have copies of photo- graphs which I have taken and supplied, that would so indicate. And I'm available for any questions that anyone may have. P~age 2 - Auqust 20, 1987 Public earmng - Margaret McNamara Southold Town Board off,Appeals CHAIRMAN GOEHRINGER: Let's go around~ (basically) lithe ~cirdu'mference of that' .house. The rear; you are still looking for a 12 foot deck which, and I assume that ~porch area is included into that... Is than 24 inches? It's a step. So it's stil-l~'12~feet in the rear of the house which is basically the fronty'ard. I assume it's approxi- mately 12 feet as. we move. around to the east. It's probably a lit- tle bit more than that. East~ northeast. It's s~ill on the road side. To the east~ we have 8 feet? MR. MCLOUGHLIN: Correct. CHAIRMAN GOEHRINGER: correcn.? To the south, we still have 12 feet. Is that MR. MCLOUGHLIN: Yes. CHAIRMAN GOEHRINGER: And that runs the entire 'length Of the house until we get to the west corner. An~ then 'that portion of it on the wes~ and the northwest is eliminated. Is there any particular 'reason why you.,.r~ looking, for a 12 foot deck on the rear of the house which is basic.~lly the f'rontyard? I know I had spoken to Mrs. McNamara when Iii was' there. MR. MCLOUGHLIN: The reason for the applican~-'~S r.equest for the 12 foot on the rear portion, of the house is twofold. There is a sliding glass ddooruthat comes'.off.'-the rea~'of the house and also there is a fair amount vf wind.~hat flows fr-om ~he .water ~[k~nto 'the front of the house and they ~ould. like to'have room enough to be abl'e to set up a table on the rear portion of the deck. CHAIRM~N GOEHRINGER: I noticed that the Building Inspector did no% turn pou down for the frontyard area which is the area that I was just referring to. So we'll see how it goes. Maybe it was ami. stake or something of that nature at this particular point, iBut one of the ques- tions was the reduction because it is fairly close to the pri~ate road at that point, iand I realize you've gone full circle on ~his thing con- cerning the D.E.C. permits so on and so forth. I know you~want to get it built. But it was a situation where, as you know, it's been held in abiance ever since you asked us if we needed a D.E.C. permit and of course, you did get one. So we'll see how that goes. Thank you very much. Is there anybody else who woul'd like to speak in favor of this application? Would you like to say something Mrs. McNamara? MRS. MCNAMARA: I don't quite understand that when you're saying that there is a reason why we'~e too close to the road on that side', Th%t we shouldn't have the deck over there. CHAIRMAN GOEHRINGER: No. I just asked why you asked fo~ a 12 foo~ deck on that side. That's all. Is there anybody else who would like to speak against the application? Questions from Board members? Hearing no fur- ther questions, I make a motion closing the hearing and reserving the decision until later. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. N0.3646 Ap.plicant(s):ROBERT AND NANCY MUIR Location of Pr0perty~ Corner of Gillette Drive and Cleaves Pt. County Tax Map ID N0~ ]000- 38 2 - 29 Board Members present were: Chairman Goehr, inger, Members Grigonis~ ~ouglass, Doyen and sawi~ki. Absent was: (None). Also present were: Mr. Victor Lessard (Building Dept.), Linda Kowalski, Board Secretary~ and approximately 25 persons in the audience at this time. The Chairman reconvened the hearing at 7:43 o'clock p.m. (The hearing was recessed from the previous hearing held on CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey indicat- ing the existing house approximately 18 feet from the north property line, 35-feet from the east property line and 35 feet from the south. property line with no specific indication for the rear. ~he proposed addition is shown on the sketch as reducing the rearyard to 20 feet where the proposed addition is and approximately 17 feet where the proposed deck is. ~And I have a copy of the Suffolk County' Tax Map indicating this and surrounding properties in the area.. Are the Muirs present? How' do you do? Who would like to speak? By the waY, I was at your house last Sunday morning at 7:30 and. I wouldn't dare get out of the car at 7:30 in the morning, although you were outside. Mrs. Muir. MRS. MUIR: This is the house and you can take a look at the top and see what's there. CHAIRMAN GOEHRINGER: For the record, I have received a transcript from the Muirs and we will consider that to be part of the record. And also for the record, as you gentlemen know and for the public, this particular subdivision; the lots in general, are relatively shallow and that is basically, (I assume) what precipatated this application and the applications that we've had in the past and I'm sure the applications that we're going to have in the future. We thank you for bringing this model in. My question is; basically, how long can we keep it? MRS. MUIR: I've gotten awfully use to it. Page 2 - August 20, 1987 ~blic H~ari~g - Rob~r~ and Nancy Muir fSouthold Town Board of Appeals CHAIRMAN GOEHRINGER: Thank you very much. Let's see if anybody h&s any objections to the hearing. Is there anybody else who would like to speak in favor of the application? Anybody~like to speak... You have to act fast. I'm sorry. You have to raise your hahd fast. I should pause in between the times that I say that. Is there anybody who would like to speak against the application? Hearing no further questions, I'll close the hearing reserving the decision until later. Ail in favor - AYE. TRANSCRIPT-OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl,-No,3643 Applicant(s): EUGENE PERINO Location of PropertY:W~o~givate ROW (Truman-Path) E. Marion .County Tax_ Map ID No - - Board Members present were: Chairman Goehringer P. Goehringer, Members : Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 7:50 o'clock p.m. and read the notice of hearing and applicat on for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey indi-~ ~ting a proposed house and garage attached to be constructed with- mn 55 feet of the shoreline of Marion Lake. And I have a copy of the Suffolk County Tax Map and surrounding properties in the area. For the record, that house is approximately 30 feet wide without the garage and 54 feet 5 inches long or deep. Is there anybody who would like to speak on behalf of the Perinos? MR. PERINO: The only concern that apparently there is with the village is the distance to the wetland grasses. All the frontyards and side- yards are within the limits of the building code. I just want to add that about 25 or 30 feet from where~the p~oposed deck is going to be, there is a pretty steep bank going down. So there's really no danger to any wetland grasses. You can't get to them if you wanted to and we certainly want to preserve the area as much as anyone else. CHAIRMAN GOEHRINGER: Mr. Perino, do you.i~own the house to tke south.? MR. PERINO: No. We don't own any of the land in between. CHAIRMAN GOEHRINGER: Because there was a sign that said Perino when I had gone down'~there. MR. PERINO: That's the land that we own. CHAIRMAN GOEHRINGER: So you put the sign up on that. you were renting a house next door or something. I though.t maybe MR. PERINO: No. Page 2 - August 20, 1987 ~ublic.Hearing - Eugene Perino S~uthold Town Board of Appeals CHAIRMAN GOEHRINGER: Is that deck on that octagonal house almost in line with what you're proposing? MR. PERINO: It is in line. In fact, it's probably two or three feet closer to the wetland grasses than we would be. CHAIRMAN GOEHRINGER: Are you anticipating any disruption of those grasses by either a dock or any other...? MR. PERINO: No. Not at all. CHAIRMAN GOEHRINGER: Alright. velops throughout the hearing. I thank you. Let's see what else de- MR. PERIN©: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody who would like to speak in favor of this application? Anybody like to speak against the appli- cation? Questions from Board members? I guess we're home free, Hear- ing no further questions, I'll~.make a motion closing the hearing and reserving decision until later. And we thank you for coming in. Ail in favor - AYE. TRANSCRIPT' OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Aopl. No. 3644 Applicant(s): JOSEPH REINHART, FRED WIGHTMAN, AND DAVID FREY Location of Property: N/s-Main Road,. Peconic ~County Tax_ Map ID No. 1000- ~ - 1 - 16 Board Members present were: Chairman Goehringer P. Goehringer, Members: Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Mr. Victor Lessard (Building Dept.), Linda Kowalski, Board Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 7:55 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I would ask if there is anybody here represent- ing Joseph Reinhart or Fred Wightman. Yes. Would you like to use the mike? In the interim, we have (of course) received correspondence from your attorney concerning the issue of non-conformity which seems to be the main situation here. Is there anything you would like 5o add to' that? MR. WIGHTMAN: I believe we've complied with all the requests tha~ you have made at the last meeting. The pre-c.o, had been issued during that time period. Again, we tried to work as close to the town's wants and desires with this project. And we had hoped that you could soon come to a conclusion that we may go forward. The sellor has been very patient with us, working along with us. We just hope we can get something resolved in the near future. CHAIRMAN GOEHRtNGERi':. I thank you for coming out here tonight really in the formality of just closing this hearing. We wanted to make sure that we had most of the information that we had asked for and we'ap- preciate it. We'll do the best we can to come up with some sort of amicable-de, iD.ion .here. MR. WIGHTMAN: We are willing to w6rk with thei..t0wnl-if there is al- ternatives which they wish to come back with us. We would be glad to work with the town to make it amicable for both of us. CHAIRMAN GOEHRINGER: I think in the..last hearing I only' briefly' asked you if you were willing to give up anything concerning the construction of the front two buildings or the reconstruction of the front two build- ings. You did mention, 'I think you said 800 square feet was the only Page 2 - August 20, 1987 PUblic Hearin~ -Jose~.~. Reinhart, Fred Wightman, David Frey -~thold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): actual retail area in the rear building. Is that correct? And ~he rest of it would be storage. MR. WIGHTMAN: Yes. Storage. CHAIRMAN GOEHRINGER: Alright. We will kick it around and see what we can do here. We thank you. Is there anybody else who would liks to speak in favor or against this hearing? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No..3647 Applicant(s): JOHN AND JOAN WETZEL Location of Property: 4635 Pequash Avenue, Cut~hogue County Tax Map ID No. ]000-137 - 4 - 6 Board-Members present were: Chairman Goehringer P. Goehringer, Members: Gr±gon±s, Douglass, Doyen and Absent was: (None). Also present were: Victor Lessard (Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. /he Chairman opened the hearing at 8:00 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced_by Young ~ Young. The mos-t current date is April 6, 1973, indicating approxi- mately three areas of concern to be added to on the south side of the structure and indicating the north side of approximately (North west side) 9 feet 8 inches to the property line .... On.]the south side, if the variances were granted, approximately (I .assume that is) 5 foot 6 inches. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would. you like to be heard Mr. Wetzel? MR. WETZEL: I woul~ just like to say that I think we submitted an updated survey dated February, 1987. We can provide that if you need it. CHAIRMAN GOEHRINGER: Maybe it would be helpful. It's probably been updated, the existing one that I have here anyway'. I just w~nted to mention that it is usually the policy of thi~ Board in granting a re- duction of less than 10 feet on one side, that a covenant be placed on the other side of the house that there be no further reductions. And the .purpose of that is; that if there were any other reductions on the opposite of the house, it would preclude you from getting any' equipment to the rearyard or the water side. So I am asking you; do you have any objections to... MR. WETZEL: I can safely say that that will never occur. CHAIRMAN GOEHRINGER: Ok. And as you know, this variance, if it is granted, goes along with the21and. So if you were ever.'to sell the house, that's the reason why We put the restriction on because some people like to build'.right to their property line. And therefore, Pag~ 3 .... ~August 20, 1987 Public Hearing - John and Joan Wetzel Southold Town Board of Appeals MR. LAMBERT (continued): want to sell at this time. They had the house rented. It's also on East Creek. It's water.front also. ii. They had it rented for the summer and they took it off the market and they changed their mind. The Wetzels even expressed interest in b~ying our house. They said that they might even be interested in our home. Our home is there home except what is done, is done internally and up to'~the second story. There is an addition on the first story that goes out to- wards Pequash Avenue which is our master bedroom. I d6n't know the ~distance from the road that they are now if they could do that,: But basically, they would have the same that we have, more living space and they wouldn't have to Come within'5 feet 6 inches. There is de- finitely nO~way that anybody could get any equipment back to the creek. If there was ever fire, there is boats in the creek, if there ever was a fire there, there's no access in between our homes. And I lived with my wife for 35 years in Brooklyn, and I know that it is to be woken up in the middle of the night when the neighbor's house is on fire and your house is on fire becuase you,re so close. I just don't feel that it's within the character of the area to be within 5% feet of our property and I don't know if my wife has anything else to say. MRS. LAMBERT: What makes it bad is that the angles of the houses are that When they put the 8 foot extension on the back which would come to the 5 feet 6 inches closer, our house is this way and their house is this way. So that angle there makes it very difficult. Our deck~is right there. And as it is right now, their deck to our deck, there is very little privacy. As a matter of fact, they know. They put some trees in so they would have some more privacy. I feel like that what they're trying to accomplish now is not going to ac- complish that. If anything, it's only going to make that worse. CHAIRMAN GOEHRINGER: Could you furnish us with a survey of your property so that we might be able to look at it? MR. LAMBERT: Sure. CHAIRMAN GOEHRINGER: Thank you. say in rebuttal? Is there anything you wo~ld like to MR. WETZEL: They're still good neighbors. CHAIRMAN GOEHRINGER'~ That's what we like to hear. Is there anybody else who would like to speak against the application? Ok. Hea~ing no further questions, I'll make a motion closing the hearing pending the receipt of the survey from Mr. and Mrs. Lambert. Ail in favor - AYE. ~age 2 - August 20, 1987 Public ~Hearing - John and Joan Wetzel ~Sou~hold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): precludes them from getting any equipment to the rearyard And some- times that's necessary for the servicing of wells and cesspools and bulkheads and all the rest of the things that go on in the process. So if you have no objection... It is here. I'm sorry. You're right. Is there anybody else who would like to speak in favor of this appli- cation? Is there anybody who would like to speak against the appli- cation? Sir. MR. LAMBERT: I own the property. My wife, Deborah and I own the home adjoining on the side where it would be 5.~feet 6 inches. Ok. Our objection is that we feel... I'd.like to give an over view of our situation. We originally bought the house and we purchased house in 1983, The lot on the other side, opposition of the Wetzels, was vacant. We asked the real estate broker at that time if we could purchase that lot and she said she would see what she could do. She spoke to the owner of the property and they told us that they were not selling the property. We asked, at that time, would a house ever be built on that property? And we were told by the real estate peo- ple that a house could not be built on that property because the di- men§ions were such with the building codes that existed, they, would not be able to build. Apparently, there were people who were in opt position to that and the people were denied a permit when they origin? ally applied to build. Then I guess there was a variance hearing like we're attending now. And as I understand it, that was denied. I~m not sure if this is record. I'm only going on heresay. At that time~ ~s I was told, there was a court decision rendered enabling the people ad- joining us on the other ~ide'(Paulene Ketchu~ tob~ild a~.b~me which she did. Unfortunately, the home is not in the character of the exist- ing homes. The Wetzels also, I think I'm correct in saying, they ob- jected to the size of the home and other neighbors, in the area object- ed to the size of the home. They refer to it as a Knights~of Columbus Recreational Hall. It was a two-story structure which is out of charac- ter of all our homes. The Wetzel's home and our home are identical. Our home has been added on to previously, winterized and an addition was made. But the structure of the house is basically the same. Ok. Now since there.house is internally the same as ours and could have additions for additional living quarters if they want to~etire to the home. They could go up and redo the second story, of the home which is what is done in our. house. And ~hey don~t want to do that from what they have told me because they feel that would change the internal character of their home. ~So when we originally moved in, we had an empty lot. Now, we have a two-story home that's within 11 feet of the property line which ~ think is the distance that is required. It is right to the tee. It surrounds our house. People refer to our house as the garage for that house. Now we find out that the Wetzels on our other side, want to come within 5 feet 6 inches of our property line which is against .... You could figure that to be more than 6 feet and a half or whatever it is the distance between the 11 and 5 and a half feet. So we feel like we're being sandwiched in. At that time, we decided to sell our home. And we felt that if they were go- ing to do this, we were going to move because we felt like we ~ere being closed in. So we put our home on the market and we looked for another home in the area because we didn't want to leave_~he area. We like the area so much. We put a bid in on the house, they didn't TRANSCRIPT-OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No,,3648 Applicant(s): FERUCIO FRANKOLA Location of Property: 1900 Glenn Road, Southold ~C0unty Tax_ Map ID No. ]000- 78 ~ 3 - 36 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass~'.~ Doyen and Sawicki. Absent was: (None).. Also present were: Victor Lessard Building Dept.), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:13 0'c]0ck p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRING'ER: I have a copy of the sketch of thesurvey indi- cating.an~_'~-exiS-ting approximately half acre lot with a proposed swim- ming pool in the rearyard area. This shows approximately 75 feet to the highwater mark on the West Creek side. There'is however, a dredged existing basin on the east side (excuse me) west side of the house and this is where the code requirement is lI9-2B exists. And they're ask- ing for approximately a 60 foot reduction and 55 feet. SiI assume that is to a deck. 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? Mr. Frankola. Is there anything you'd like to say? MR. FRANKOLA: sketch. I'd like to build a pool there as it is shown on the CHAIRMAN GOEHRINGER: Th'[e~'.~.diff~r3e~e between the 60 feet and the 55 feet; is that deck area, that five feet? MR. FRANKOLA: Yes. CHAIRMAN GOEHRINGER: And with' the... In, other words, what you're planning is is a five foot deck toward the actual West Creek are.a. A five feet deck. I see you.have 20 feet on this side. Is that a 20 foot deck on the side towards the basin and a 40 foot deck toward the house? No. That's a 20 by 40 foot pool. So it.~s 5 feet on the West Creek side, the width of the deck. Ten feet on the east side, five feet on the west side and approximately ten feet on the north, side.? Pa~s 2 - August 20, 1987 Public 'Hearing - Ferucio Fran~ola Southold Town Board ~of Appeals MR. FRANKOLA: On the north side, yes. CHAIRMAN GOEHRINGER': Would there be any other physical changes that you would be doing in the construction of this pool? Encroaching any closer to any wetland area or anything of that nature? MR. FRANKOLA: No. CHAIRMAN GOEHRINGER: And is the pool a liner pool or is a gunite pool or what kind of pool is it? MR. FRANKOLA: Gunite pool. CHAIRMAN GOEHRINGER: Alright. Thank you very much. else who would like to speak in favor or against? Is there ~.anybody MRS. LARSEN: I just would like to add some background to this if I could. The Board of Trustees got to know the Frankolas quite well over the past severgl months. And the Frankolas originally came to us with a proposition to construct a house, swimming pool with bulk- heading on the vacant lot to the west of their property or on the op- posite of the man-made channel off the man-made marina boat basin on the other side of West Creek. And I don't know who has told it to the Frankolas shagrin but we were able to get the point across to them that bulkheading isn't generally permitted with the Trustees now in areas with no evidence of erosion such as that Creek and we got it across to them. I think it was nothing personal against them. It was just a Trustee policy that we were not going to allow this in the future. So they did renege on the whole thing after several conservations and meet~ ings with them. The opposite portion where they want to put the pool and the deck on, we understood to be (initially) an overdevelopment of land use. With the marina in there, basically, I have. to refer to it as a marina because the way we understood it that originally when the Frankolas bought that property, that basin. Every homeowner on West Creek had vested rights to use that. So it was supposed to he. a com- munity type marina. Subsequently, that's all changed. I'don't really know how. And then there was questions that there were too many boats that didn't fit in with the boating ordinance. That .%hey had five and six boats where the regulation only allows two boats other than your own. So we realized that. But in lieu Of the fact that it i.s or was a gentleman's understanding that if the house is constructed on that vacant piece of property, that it probably wouldn't get passed the Board of Trustees. That a swimming pool or bulkheading wouldn't be allowed on the adjacent parcel. So that's just what I wanted to maka you aware of and we looked at the whole thing. And we felt in the long run, this was allowing some use because they wanted to put their daughter up for the summer. So they were going to expand the house and put a pool in. And so that's why it came to your Board as such. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak either in favor or against this application? Hearing no fur- ther questions, I'll make a motion closing the hearing, reserving de- cision until later. Ail in favor - AYE. TRANSCRIPT-OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No, 3655 App]icant(s):ELLEN HOPE DElViARIA Location of Property; W/s West View Drive, Orient .County Tax_.Map ID No. 1000-13 2 3 3 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept%), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:22 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of survey produced by Roderick VayTuyl, P.C.;-~the most recent date is mentioned in the application as April 19, 1984, indicating the. approximate placement of a storage shed at 20 feet from the private road as indicated in the application. And I have copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody who would like to be heard? Mr. DeMaria, is there anything you'd like to say sir? MR. DEMARIA: No. I think you said it all. I think the original ap- plication for a variance was in error as far as the measurement was concerned because the shed was already on the land. It came from Bob's farm I think in 1965 and it was set down there and then we were told we needed a variance. So we were only asking for a variance to approve it where it already was and we tried to measure the distance to the .... There was no marker. I used a telephone pole, as you can see right there, instead of that marker. I mis-measured. So I asked for 30 feet and I should have asked for 2.0. If I had gotten VanTuyl up there in '65, instead, he came up and did another survey in '66 the following year. It turned out that there was a ten foot difference, CHAIRMAN GOEHRINGER: Mr. DeMaria, is this property used for anything other than a storage shed? MR. DEMARIA: No. CHAIRMAN GOEHRINGER: This building I should say. And you have no ob~~ jection to the re-enhancement if the, Board so desires to grant this in the area of where it's granted or where it's placed.right now? That the building not be used for anything but a storage shed~ Y~u have no objection? MR. DEMARIA: No. ~age 2 - August 20, 1987 Public Hearing - Ellen Hope DeMaria ~outhold Town Board of Appeals CHAIRMAN GOEHRINGER: Alright. We thank you very much. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. TRANSCRIPT, OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR 'MEETING OF iTHURSDAY, AUGUST' 20, 1987 · Appl.-No., 3656 Applicant(s): 'NICHOLAS Location of Property: 230 Carble Road, $ou~5old _County Tax_Map ID No. 1000- Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:26 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRtNGER: I have a copy of a survey, it's mentioned in the file as admitted April 12, 1985 indicating; an existing house of approximately 28 by 36, approximately 25 feet from Carole Road and the proposed addition which in this particular case is a garage. It appears to be approximately 12 by 25. And I have a copy of the Suf- folk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Olsen. MR. OLSEN: Yes. My name is Gary Olsen. I'm an attorney having my offices at Main Road in Cutchogue and I represent the applicant~.~Mr. ~icholas Ippolito. Mr. Ippolito wants to do is what a normal average person would want to do today and that's have a garage to keep his car and a place to store garden equipment and so on and a lawnmower. Unfortunately, he's faced with a practical difficulty in that his property is a very small piece. It's only 55 hundred square feet. It's 50 feet wide. I drove down to look at the property tonight and I noticed that the character of the neighborhood is chan~ing, It's Changing from a summer residential area to basically a year around area. I also noticed that a majority of~.the houses already do have garages. And[those houses that don't have garages, obviously are faced with a constraint problems of the si~e of their lots and that they're all basically the size of Mr. Ippolito's. Andlthe waly that they get the storage area is that they built sheds and so on along the sides of their house that encroach very close to their property line. This whole area was developed prior to zoning. And to ap~ly today's zoning requirements, it does create practical-difficulty and unnecessary hardship. And as you are aware, the purpose of the Zoning Board is to grant variances from this and your code says that when there are practical difficulties or unnecessary hardships, the way of carrying out the strict letter of these regulations, Board of age 2 - August 20, 1987 ~.biic Hegfing - Nicholas' Ippolito Southold Town Board of Appeals MR. OLSEN (continued): Appeals 'will have the powez-to vary br modify the application with such regulaZions so that the-spirit"of the.'~hhapter shall be observed, public'w'elfare and safet~ secured and subs'~antial justice done. I don't think that the apPlication before you, in any way, would go against the..spirit of the ordinance and also it would be in 'keeping with the very purpose of why we have a Zoning 'Board of Appeals. I have a few exhibits that I would like to submit. Just to give you a general idea of the char~'cter of the neighborh0od~ I've made photo- copies of the Suffolk County Tax Map and I've outlined the subject 'parcel in.red ink so that you can see that this Piece is inkkeeping within the size and shape~'of the o~hers in' the n6ighbo~hood. CHAIRMAN GOEHRINGER: Thank you. MR. OLSEN: A~ I indicated to you in my application, we also submit- ted an application to the Southold Town Trustees because this proper- ty is on Oshmomik Pond and the water is on 'the east ~ide of the proper- ty. I obtained a letter from the Trustees dated April 30, 1987. i will just read part of it to you. Resolved, thaZ Gary Olsen, on be- half of Nicholas Ippolito, be and is hereby granted a waiver of the wetlands ordinance as requested, to construct a garage ~ddition withr in~75 of all total. The. p~operty is located at 230 Carole Avenue in Southold. Also, the letter goes. on to say that the projec't~'as proposed, will not effect the health, safefy,~and general welfare of the people of the town. The garage addition that's proposed would be on the south side of the property. And~li received in today's mail, a sketch, from Mr. tppolito showing that the configurations of the proposed garage 'on to the existing house. The garage will be 12 feet wide and 25 feet deep.. The entrance of the garage will be on the west side 'of the proper-. ty or the west side of the garage. And although his s.ke~ch does not show it, I asked him.~whether he would putting a door which I under'- stand the Trustees normally in situations like this, look. for on the opposite end from the entrance of the garage. He~said~..tha't.q!~fe. would be a door on. the east side of the garage so that there would be an en- trance and an exit. ~iThe door on the east side would obviously, jus~t be for pedestrian use. You have before you, in your file, a sur.vey that t had VanTuyl prepare, showing the area that is presently cover'ed and the area that would be covered by the garage if the variance was granted'. Right now the lot is 55 hundred square feet. 'Under the present zoning requirements, we're permitted to build up to 20% of the lot which would be 11 hundred square feet. The house and the garage would cover 23.'8% of the property. Or we're looking for a variance of 3.~%, ! think, in my application.'I said we would be over by 108 feet. Actually. it's 208 feet. And I'm looking at VanTuyl's survey that was. submitted to the Board after my survey was submitted, the sideyard variance that we 'would need on the south ~ide Would be 28 feet and not 3 feet at one corner and 3 feet at the other corner. CHAIRMAN GOEHRINGER: So now it's 208 feet over. Page 3 -.Augu~st 20, 1987 PahlicHear£ngr- Nicholas Ippolito Southold Town Board of Appeals MR. OLSEN: We would be over by 208 feet. The side of the garage hasn't changed. I'm basing it on the exact figures that I received from Mr. VanTuyl. Some of the criteria, in reading the case law in granting ~re~ variances, first of all, we just have to show a prac- tical difficulty. I think in this day and age, I think most people do want garages. And I understand in talking to one of the neighbors that there are other people that also may be interested in having ga- rages built if they don't have them &tready. Some of the considera-' tions that the cases raised for a Board to consider is how substantial a variance is in relation to requirements, the effect of the variances if allOwed. As to the increased population, there's really not going to be any increased population by granting of the variance. Whether a substantial change will be produced in the character of the neigh- borhood. I think if you go down there and look at it, I'm sure you probably have, Mr. Ippolito is going to be basically doing what every- body else has done down there. Whether the difficulty can be obviated by some other method other than a variance. Well, there is no other method other than coming before the Board. And whether the interest of justice would be served by the allowing of the variance. And I respectfully submit that it would be. CHAIRMAN GOEHRINGER: Before you sit down Mr. Olsen~ we have granted at least two applicants in this area for a garage. And we have been a little stricter than the Trustees. And basically what we have said is; that we not only want to see a garage door on the roadside, we want to see a garage door on the opposite side. we don't care if it is an overhead garage door but we want the door to open the same size as the door on the road side. And the purpose of that is of course for emergency equipment and also for the purpose of working on the bulkhead or any other reason to get to the bulkhead area. And that has been the only stipulation in granting these applicatiDns. Do you have any objection .to'~that? MR. OLSEN: I know Mr. Ippolito wants the garage bad enough that ha would agree to that. CHAIRMAN GOEHRINGER: And we also would ask for no further' reduction of ah~.~sid~yards after this if the Board so granted this. MR. OLSEN: There would be no problem with that. CHAIRMAN GOEHRINGER: And that it only be used for storage purposes and so on and so forth. MR. OLSEN: Fine. It would]not be for residential purposes. CHAIRMAN GOEHRINGER: Ok. We thank you very much sir. Is there any- body else who would like to speak in favor of this application? Any- body like to speak against this application? Questions from Board members? Hearing no further questions, I'll make a motion closing the-hea~ing and reserving decision until later. Ail in favor - AYE. TRANSCRIPT, OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl.-No,-3653 Applicant(s): NORTH ROAD ASSOCIATES Location of Property: N/s Main Road, Orient _County Tax Map ID No. ]000- 18 & 4 - 1.3 Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at 8:45 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick VanTuyl, P.C./'~he most recent date is June 21, 1985 indicating the parcels mentioned within this application and the 170 foot right-of- way leading to the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Ms. Moore? MS. MOORE: I guess there might have been a..~little bit of a misunder- standing. I'm here to get 280-A approval for that (it's unimproved right now) right-of-way that will lead to the subdivision, the minor subdivision as you can see from the survey. The 170 feet is within your 3urisdiction because it's currently outside the subdivision. We are also before the Planning Board and we'll be receiving %h~ road specifications for the remainder of the right-of-way. Because~ i~m not sure why, but the Board was not able to get someone out there to give road specifications. I was able to get Robert Schroeder from Sound Shore Excavating to come out with me this early evening and to look at the property and look at the ~oad and tell me how he would suggest that the road be improved. I gave him~the minimum and maxi.- mum and he said no. The one type that he's recommending now would be the best improvement. He would suggest that 15 feet of the right--of- way be improved. It's a 25 foot right-of-way but only 15 feet of it would require improvement because it only services four lots toward the back. He would suggest that we have three inches of bluestone blend with maximum of two to four drainage basins along the entire road. The area 6f 170 feet which is the area that you're dealing with today, would require a basin at the front of ths road and pos- sibly toward the back, where ever the mid-line portion of the road would be. So that is the suggestion I make to the Board and I hope. you will take it under advisement. Page 2 - August 20, 1987 ,~biic Hearing - North Road Associates Sou%hold Town Board of Appeals CHAIRMAN GOEHRINGER: Can you reduce that to writing for us so that we can have it? I realize that~we're taking it down in transcript manner. MS. MOORE: That's fine. I can send that. Would my signature be suf- ficient? Unless you need Mr. Shroeder to sign it. CHAIRMAN GOEHRINGER: No. Your signature is fine. The purpose of not having an engineer look at this was because, as you know, our engineer has retired and we have a gentleman from Smithtown or a firm f~om Smith- town and we haven't actually gotten on line at this particular time with them. -And I-am going to ask something a little different in this hearing. And that is; that we hold in abiance as a formality ~ntil the next regu- larly scheduled meeting, so that if we have any additional input or we actually feel that Mr. Schroeder's evaluation is not adequate. That we have the~ight to enhance it and therefore discuss it with you at the next regularly scheduled hearing. MS. MOORE: It's difficult to say. The problem we have now is that the property in the back; the ten acre piece, is under contract negotiations right now. And the owner, North Road Associates has agreed to put in the road but we would like tO get some kind final ok from the Zoning Board. Otherwise the Planning Board won't consider it and then we are delayed. And since it is in contract negotiations, both the buyer and the seller are interested to resolve this. So if at all possible, if it could be done any other way, I know my client would appreciate it. CHAIRMAN GOEHRINGER: Are you willing to accept the Board's conditions? MS. MOORE: You have our recommendation as far as... And obviously you will listen to whatever your engineer suggests as well. CHAIRMAN GOEHRINGER: we put you ih-a Catch'22 situation. MS. MOORE: Yes. Why don't we keep it open because I don't want to give away the store. Alright. We'll leave it open. CHAIRMAN GOEHRINGER: Is there anyone else who would like to speak in favor of this application? Anybody like to speak against the applica- tion? Questions f~om Board members? Hearing no further~questions, I reserve this hearing for the next regularly scheduled meeting and there-~ fore recess it. I think it's Septembar 10th. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. N0,-3660 Applicant(s): PUDGE CORPORATION Location of Pr0perty:E/s Hortan Lane, Southold County Tax_Map ID No. ]000- 63 & 1 - 10 Board Members present were: Chairman Goehringer P. Goehringer, Members : Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also presen~ were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at-8~5-3' o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the o~i~inal site plan of which this Board acted in granting this particular special excep- tion. Mr. Gray, would ~ou .like to be heard? I forgot to ask you, when we discussed the puzpose of this re-hearing, was this con- cerning all the buildings or which ones in particular is it'con- cerning? MR. GRAY: It would be all the buildings. CHAIRMAN GOEHRINGER: Ail the'b~ildings. Qk. Alright. I thank you. MR. GRAY: It's going to be four feet, one third and then one third going to 15 and then take it down to 12 foot. CHAIRMAN GOEHRINGER: I see. Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? I'll have the worldest fastest hear- ing here. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BORD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. No. 3592 Applicant(s): BENTE SNELLENBURG Location of Property: County Tax Map ID No. 1000- 8~ 2 - 21 Board Members present were: Chairman Goehringer P. G~ehringer, Members: Grigonis, Do6glass, Doyen and Sawicki. Absent was: (None). Also Present were: Victor Lessard (Building DePt), Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opehed the hearing at 8:56 o'clock p.m. and read the notice of hea~ing a~d application-for %he-rec6~d~ CHAIRMAN G©EHRINGER: We have received a request pending a discussion with the applicant's surveyor to recess this hearing until October 8th and I'll offer that as a motion. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. NO. 3661 Applicant)s): ERNEST TARMIN Location of Property: N/s Main Road, Orient County Tax Map ID No. 1D00, 14- 2 - 1.l Board Members present were: Chairman Goehringer P. Goehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also Present were: Victor Lessard (Building Depto) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The ~Chairman opened the hearing at 8:57 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the sketch of the ~lans indi= caring the type and nature of the construction of the~stair~. ~d I have a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. Mr. Tarmin available? How do you do sir. Could you use the mike if you would. Is there anything you'd like to add to the application? MR. TARMIN: No. I came should there be any questions from the Board regarding the construction. CHAIRMAN GOEHRINGER: My question to you; would there be any lights~ that would be obtrusive to the neighbors on this? MR. TAP~I N: No. CHAIRMAN GOEHRINGER: Would you be using this at night? Any spot-. lights or anything? MR. TA~IN: There's no electric down to that. CHAIRMAN GOEHRINGER: Mr. Douglass, did you have a specific question concerning this applicant in the construction of the stairs? MR. DOUGLASS: In the drawing that they show whsre they propose~ito build'the-stairs, my question is; you've got a gully going alre~d~y there where you walk down it and it's washed through. Y~u build a berm to stop it, a little berm. How are you going to set thsse posts in that bank as steep as it is without opening yourself to a considerable greater washout? Page ~ -~A~gust 20~ 1987 Public Hea~ing - Ernest Tarmin Southold Town Board of Appeals MR. TA~IN: Well, the D.E.C. made two visits to the job site and they did advise me on what plantings to put in during the construc- tion. And ~h~y asked me to submit a plan on the plantings which I believe you have a copy of. So during the construction, w'ere going to first put them into concrete which I believe is very unusual since none of my n~ighbors have done that. Secondly; we'r~ going to do ex- tensive plantings to avoid any of the erosion. The erosion that s6d- denly did occur about a year and a half ago during a very heavy rain- storm which I think it was about three inches of rain. It just trickled down and caused that to occur. MR. DOUGLASS: It doesn't take much. MR. TARMIN: No. But that was because there wasn't any plantings on the front or the top edge of the bluff. DOUGLASS: Did you ever, I just throw it out as a question, conside~ a free spand stairway down there? MR. TARMIN: Without any posts or without burying any? if that-could be done. It's abo~t 35 feet. I don't know MR. DOUGLASS: It could very easily be done with two cables. MR. TARMIN: Oh, you mean like a cable... MR. DOUGLASS: Like a Bridge. MR. TARMIN: Going down. MR. DOUGLASS: And you don't have to touch the bluff at all. MR. TAP~4IN: Well, you'd have to suspend the... MR. DOUGLASS: You'd suspend it on the cable. MR. TARMIN: On the edge of the walk. MR. DOUGLASS: You'd put two posts up behind where you've got th.e berm. You'd have two (probably) 11 inch piles there an~down below~ MR. TARMIN: I~wu~l~h~v~ntO~ o ~ i~id6n.~!~t~RnOw ~hat the cost of that w0dld~ be. I do have the construction company who is giving me the sketches that I submitted. They gave me the cost to building this existing one. MR. DOUGLASS: It might be cheaper than this. MR. TAP~IIN: Yes, possibly. I can investigate it but I don~t know. I've never seen that. I've seen .... MR. DOUGLASS: I've seen them. Page 3~ -~AUgust 20, 1987 Public Hearing - Ernest Tarmin -Southold Town Board of Appeals MR. TARMIN: Are they available for me to see them here in this area? MR. DOUGLASS: No. I don't know if they've tried it here. MR. TARMIN: Well, I don't know. I'm open to any type of suggestion. MR. DOUGLASS: But you have such a... Your incline is of such steep- ness, that it would be very easy to work. MR. TA~4IN: I'm available to look at it as long as the cost is equal or .... I'm just going by what all the rest of the people. I've looked at from the Sunset Motel all the way out. I walked the beach and I took photographs of various types; at a lower, steeper and etc. This is basically what we came up with. They're putting it in concrete for longeviety. MR. DOUGLASS: Did you see what happened to the one in Browns Hill? MR. TARMIN: No I haven't. The same situation? MR. DOUGLASS: And it gullyed, and gullyed, and gullyed and it's now filled with rocks and they've abandoned it. I use to repair that every year. MR. TARMIN: It's a private home? MR. DOUGLASS: No. It's for the development. MR. TARMIN: The entire development. Well, I'm open to whatever the Board would suggest I do. I asked the question prior to submitting the plans and I was told that there wasn't any recommendation on the construction from an engineering p~int 6f view. CHAIRMAN GOEHRINGER: We can't make the offer actually~ Whatever you want to do and as long as it doesn't cause a tremendous environmental hazard. MR. TA~IN: Right. If you see the home and you see the grounds and what I've done to it, I'm not..° There's quite a bit invested in this property. CHAIRMAN GOEHRINGER: magnificent. It's a magnificent house sir~ It's absolutely MR. TARMIN: I'm trying to do the best to improve the area. What- ever stairs are recommended, I will abide by the Board's decision. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else 'who would like to speak in favor of this application? A~ybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Thank you for coming in. Ail in favor - AYE. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 20, 1987 Appl. NO. 3654 Applicant(s): WILLIAM MOORE AND BENJAMIN HERZWEIG Location of Property: 675 Meadow Lane, Mattituck County Tax Map ID No. 1000,~5~~. 5 -~ 7 Board Members present were: Chairman Goehringer P. Goehringer Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also Present Were: Victor Lessard (BuiIding Dept.) Linda Kowalski, Z.B.A. Secretary, and approximately 25 persons in the audience. The Chairman opened the hearing at-9:06 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: At this particular time, they're asking for a modification of that building envelope. So I can do two things at this particular time. I can either copy... Well, I'll copy the application. Is there anybody else who would like a copy of this application and read it? This is the original. So if there are any questions from the public. Is there any question after the appli- cants speak, let us know and then we'll try and answer those ques- tions. I have a copy and the most recent copy is July 21~ 1987 in- dicating the proposed building envelope at 38 feet and 30 feet from the wetland area. I'm sorry 30 feet from Meadow Lane and 38 feet from the meadow or wetland area at the two foot contour and this was produced by Young & Young. And I have a copy of the Suffolk Tax Map indicating this and surrounding properties in the area,. And who is going to talk? Mr. Moore or Mrs. Moore? Would you explain to the public what the purpose of this applica~i6n is-and what precipa- tated it? · MR. MOORE: I'm sure most of us know this was a~_long~-~time~i~h~he Trustees and hopefully ended a decision granting a wetlands permit with the condition that any proposed dwelling be 38 feet from ths wetland boundary as shown on the survey. And we ha~ in mind a house tha~ we thought was average in size. I think at its widest point was 28 feet. To comply with the 38 rearyard setback, the house, as we had proposed it, had to be pushed forward toward the road on the lot to the point that it would be 25 feet from the road. With. the Trustees decision or that condition in mind, we made the request for a variance because the Town Code requires a 35 foot frontyard set- back. We never originally requested or contemplated coming vary from that 35 foot requirement. When the Trustees decided to put us &% 38 feet from the wetlands, the wetland concern over'-rode the concern for a frontyard setback. The proposed house, as we were Page~2 ~- August 20f 1987 Public Hearing - William Moore and Benjamin Herzweig Southold Town Board of Appeals MR. MOORE (continued): asking for %~hich would have had a-25 foot frontyard setback, had on the survey, setbacks of 38 to 42 feet respectively on the rear of the property and that's created by virtue of the fact that the wetlands boundary is curved. In its prior decision back in July, this Board did not grant a 25 foot frontyard variance. It granted a 30 foot frontyard variance. At the same time, it retained a rear- yard setback of 38 and 42. And that result was a narrowing of the depth of the proposed dwelling by five feet. We went from a house that we proposed to be 28 feet in depth which we believe to be at its widest point, which we believe is average, to a house then re- sulting to be 23 feet in width at i~s widest point. So tonight, we are here to say we will comply with the 30 foot frontyard setback as this Board requests. The Trustees has said be it 38. They did not say we had to be at 38 and 42, just take a 38 foot rearyard. Don't pin us to both. The house can slip back a little 'bit on the one side and we'd have a house that's back again, to its maximum depth of 28. Far more in keeping with the average houses. I can shift gears and go right in to some of the homework that i~ve~done. just on house depths. You had asked the question, Mr. Chairman, at the last time, if we could scale that house down. And th~nking at the time on my feet, I talked about the fact that the Trustees and the applicant decided and agreed that there would be no decks and patios on this property. And scaling the house down would be making for a small home with no outside living area to expand upon. I' did not think of it from an engineering standpoint which is to cut fi~e feet off the front of the house resulting in a house at its widest point being 23 feet in depth. After the fact, I went back pulled building books out from a builder and we went through~ my wife and I, Patricia book after book after book. We couldn"t find a single house plan in a whole stack of books I've got hSre which has 23 feet in depth. We f06nd-things 24, 26 a~d 28, averaging up to 32. They may have been some elaborate homes but things that wer'e narrower, turned around and were quite long ~hen. That was an un- scientific analysis. Ben Herzweig contacted a real estate consul- tant, appraiser, building engineer. And Mr. Wood wrote 'us a letter addressed to you which we had delivered to us today in which in his professional opinion, he lays out the difficulties in a house 'with a depth of 23 feet. We think the request in this hea~ing toni'gh~, say just make a uniform rearyard setback of 38 feet to obviat~ all the problems. We go back to a house that's a maximum of 28. It averages about 26 to 24 and the house falls within the standards of a typical stahdard'residential year-around home and that'~s why we,~e here. A§ I'm sure the Board is aware, an Article 78 proceeding was brought and that was done on the prior hearing solely to preserve time frames that were ~unning out on that one less we not be able to persuade you tonight. We're not here tonight to ask for a 25... We're not here to ask for a 38 foo~ uniform setback and go to court to ask for 25 for the front. That-s not what we're hsre for. We're going on one or the other. We'll go with the 30 foot frontyard re- questing that the house be made more reasonable in its depth and Page ~ ~August 20, 1987 Public Hearing William Moore and Benjamin Herzweig Southold Town Board off, Appeals MR. MOORE (continued): practically a utilatarion. That the 23 foot wide house at its widest d~pth can not be practically utilized or designed for in- terior traffic flow, stairways and every thing else. So that's why we're here tonight. I have a letter. I will give you~the original. I can't give you ~the building books, but take my wor~, we spent a lot of time g6ing through and actually began to drool over house plans until we saw that we couldn't do anything with 23 in depth. If I may, for the record, submit to you a letter from Frederick Wood, Associates, 'Inc~ dated August 20, 1987. ~ is addressed to the Board o f Appeals and it's in reference to this application. With that, is attached the qualifications of Mr. Wood. In his qualifications he does not state that he has been hired by various municipalities in the five western towns and has appeared and been considered an expert in buildings. And Mr. Herzweig may be better able to describe what this gentlem man's were are not on his frequent For your infor- mation, to know where Mr. Wood comes from. CHAIRMAN GOEHRINGER: Thank you. BENJAMIN HERZWEIG: If I may, Mr. Wood originally started out his professional life as an engineer working for Grumman. He was one of the principle engineers responsible for designing the lunar module that landed the atronauts on the moon way back in 1969. There after, Mr. Wood decided to leave the profession and pursue a real estate appraisal and engineer. Mr. Wood has been~e~a.i~ed by the Town of Brookhaven in regard to various tax certiorari matters whi6h as you know, are proceedings where a challenge is made with property assessed and placed ~gainst real property. H~ has defended the Town ~f Brookhaven in regard to th~ese matters. He's also defended the Town of Brookhaven in regard to condemna- tion matters. As an engineer, Mr. Wood has been retained by. sub- dividers and developers regarding to the development and construc-. tion costs, layout costs, things like that. Feasibility studies and the design and building construction of residences, again of the five western ~owns. He's also been consulted in regard to construction claim cases where the claim was made that one party has constructed a defective building to be an office building, a professional building, shopping center. Mr. Wood will acutally go in and rip the structure out. He's fully familar with cost planning and cost of construction and so forth. I would add, as a parenthetical, by the way, that in preparation of this letter, Mr. Wood looked over (extensively) our file and the material that was submitted both for the Zoning Board in this case and the Board of Trustees. He also went through cost calculators and various plans. And~.he said to me, that this is a rule, the cost of con- struction actually increases the more irregula~ the property comes. He says that the most basic shape is an actual square~ And if you cost it out, he said that as you increase the len~th~ of the-- house, the cost increases at a far greater proportion~than tke Page 4~- ~A~gust 20, 1987 Public Hearing - William Moore and Benjamin Herzweig Southold Town Board of Appeals MR. HERZWEIG (continued): utility. In other words, the best utilization of space would be that square. And if you make it longer to make up the square footage, you're increasing the cost but you're no~ restoring the utility that has been lOst by making the shape of the property irregular. And ~hat's basically the point of Mr. WOod's letter. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Is there a spokesper- son for .the Mattituck Property Owners Association? How do you do sir? MR. REILLY: I'm the President of Mattituck Estates Association. And we're averages according to all the experts but we can't see how the Town is going to allow them to build a house there 38 feet from the wetlands when the law says 75. And Mattituck Estates have covenants and restrictions that indicate it should be 50 feet from property line. It also says here with Trustees, any decision of yours to set the house back further, they must go through 'the Trus- tees again. The entire group of Mattituck Estates objects to this house being built so close to the water. We've got 42 houses there. They all comply with the rules and regulations and we seriously ob- jeCt,to this building. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak against the application? MRS. LARSEN: I'm a Southold Town Trustee. I'm speaking both. as well as a Town Trustee and I'm a citizen in Southold. First of all, I'd like to apologize for my appearance. I'm on vacation technical- ly but I did see this coming up before the Z.B.A. and t wanted to speak. I'm glad to see that the Mattituck people are still here. They were frowning in very large numbers throughout this whole ap- plication process which the applicants would say had gone on for over a year. Well, it ~en~on a¥1ong~im~ ~for ~he~p~pt~e~a$ well. They have been out here. They h~ve been talking__.to_~thei~ Board and they've been talking to the Board members such as yourself and my- self. Now, first of all, as far as Fred Wood goes and all Mr. Herz- weig's (which I call) lawyer talk. I know ~h~t the'~five west end towns look like. So Fred Wood's credentials don't really, impress me. I know that this lot on Meadow Farm along with other. lots that have been recently approved for development, were not consider'ed developable in the Town of Southold. When they bought that lot, the person who sold it to them, was not granted approval for building on it. But we are in a situation now that these lots are small. There are not that many prime building lots on the waterfront but I say, our ordinances will hold up. I say; that these people who live in Southold, who pay their taxes, who obey covenant, should not be slid down the drain because we're not living up to th~ codes of our laws. The 38 foot setback, the 75 foot setback could have been upheld. The applicants were again and again asked to submit studies. Now the study will show the di- rect water course and its effect on the water. We will neve~ know whether this house will, as a result of the studies will cf- Rage 5~-~A~gust..20, 1987 Public Hearing - William Moore and Benjamin Herzweig Southold Town Board of Appeals MRS. LARSEN (continued): fect the water quality around it. I'm assuming at 38 feet, yes it will. Between septic and now the othar setbacks, we can look at our bays now. They're totally brown. You get out to Gardiner's, they're clean. It's as a result of all of this development on the waterfront. Not only that. They are going to break the covenants of the neighborhood as far as the 50 foot setback. Now, as they've said, they have upheld it. How does it make .... How would it make you feel, if you were an older citizen in your community and you up- held it and all of a sudden, someone came in; what I basically feel, ramrod this through. Yes, they've submitted environmental impact studies but we had our own experts. We had a woman named Arlene Dove who showed that this property was a unique wildlife habitat. That this acreage deserves to be protected. It falls under the covenants of the 1.aw as far as .... Under the Z.B.A. ordinance, certainly your criteria can not be met f~r setback requirements in any which shape or form. Now, it's up to the Town itself, as I feel. Unless we want to continually go in this direction and see neighbor's houses six inches apart. Years ago if the house was on that property, we wouldn't have any trouble with 23 feet. They would have put a lit- tle bit of a shack on there. That's the rural character of Southold. That's what Southold is about, at least the Southold that I~ve always known. And I just feel that it's time that we started saying no when we have the right to say no and that's really all I can say. I~m just making an appeal to you. I feel that these people were right, That some of the decisions could have come down could have been upheld and Thank you. CHAIRS~N GOEHRINGER: Is there anybody else that would like to speak against the application? MR. NORDLINGER: Unfortunately, I'm a lawyer so perhaps you shouldn't listen to anything that I say. But I'm also a resident of this par- ticular area. And I have not been current with what has been going on because I haven't been too well. But I am a little bit surprised by some of the things that have happened this evening. In t.he first place, I don't understand why a hearing of this kind, when people want to ob- viously change the character of the neighborhood and call on you to do it. Why they should come in with some surprising new evidence wi.thOut giving the people who live in the neighborhood an opportunity to examine it and study it. So I have nothing more to say about the application itself except that it clearly will.change the character of the neigh- borhood. It clearly violates the covenants and restrictions under which all of us live and we (I) don't know who Mr. W~od is. Some other people may but I would like to see Mr. Wood's analysis. I would like to understand it and I would like to be able to make an intelli- gent reply to it. And perhaps, hire somebody. So I suggest that you put this hearing over and give everybody an opportunity to examine ths documents. Thank you. MRS. LARSEN: ~ I don't like to interrupt your meeting but I just want to say one more thing. Under SEQRA if you go under SEQRA~ SEQ~ is designed to ensure the not overall zoning compatibility, environ~ental compatibility, esthetic with the surrounding compatibility. It's not Page 6~-~Au~ust 20, 1987 Public Hearing - William Moore and Benjamin Herzweig Southold Town Board of Appeals MRS. LARSEN (continued): designed to create a bunch of paperwork and prolifilate. It's de- signed for specific reasons to look at it both environmentally, structurally and along with your zoning regulations as well. CHAIRMAN GOEHRINGER: Thank you. I just wanted to say in reference to Mr. Nordlinger, that-in reading an application, unless a person has the actual survey in front of them and watches the specific on- going linguistic orientations to what we're referring to, that i~ is really a matter of just reading words. And I feel that, I can't agree with you more. This Board and this Town has never stopped anybody from investigating anything. And we sincerely hope and ~we urge you to come in and look at the application and we will make copies of the application for you,so you can circulate them within your own individual community. I hope that, in reading the appli- cation tonight, I did not cause a problem with someone or some per- sons in the group but it's just a matter of something that we do ritualistically. If I did slight anybody, I apologize. MR. NORDLINGER: I wasn't suggesting, Mr. Goehringer, that on the application. But both of the people who spoke in favor of it, made a bi~ point about Hood's analysis and Wood's findings and I' don~t think anybody in this group had heard of him or seen those and I think they should have an opportunity to read and understand them and then come before the Board. And if it's necessary or seemingly, to challenge. I'm not saying anything about your application. MR. GOEHRINGER: What would you like us to do? Would you like. us to copy this for you tonight? MR. NORDLINGER: We'll pick it up another day. CHAI~4AN GOEHRINGER: If you want to hang around for a couple moments after the hearing, I'll give you a copy of this. Then you don~t have to come all the way back out to Southold. You could come out anytime you want and investigate the application but at least you have this on your person tonight. Go ahead Mr. Sawicki. I'm sorry. MR. SAWICKI: I was going to ask you if he's going to put this over to the next meeting and maybe the people can come down tomorrow or the next day at their convenience to get the copies. CHAIRMAN GOEHRINGER: to do. That's what we intend. That's what I was going MR. SAWICKI: Then the next date will be three weeks. CHAIRMAN GOEHRINGER: Well, that was the request basically by Mr. Nordlinger to do that. So that's what we are definitely going to try and do. Unless there is an objection from the opposite side which we may over rule anyway. Yes. .Page 3 ~ August 20, 1987 Public Hearing - William Moore and Benjamin Herzweig Southold Town Board of Appeals MR. MOORE: The application has been before the Board and available and public legal notice went out. And anyone who came in to take a look at this application, could see very clearly what the intent of tonight's application was. A 30 foot fron~yard and a 38 foot rear- yard. End of discussion, we have to prove to you the diffculty ~hat is created perhaps through my not realizing engineering conse- quences of the last meeting where you asked me what would happen if we scaled the house down. I didn't have the sharpest answer. We took it to an engineer. But certainly, the application and the sur- vey has been presented and available since ..... I don't ~now what the date is that's sworn on there and received by your office. But it has been there now for, I presume, at least ten days. And I do object to having it carried over. This process has gone through. We're talking about setbacks. SEQRA has been complied with. I ap- plaud Ellen for her appearance tonight and for her many comments; wide and varied. I'm not going to bother W~th..eac~i ~nd~e~ery~on~ be- cause we worked through with the Trustees and we got a ~ecision~that was favorable to us from the Trustees. SEQRA is designed to be a coordinated review wi~h this Board as well. So you had the benefit of that material. You've not been left in the dark. The environ- mental concerns, and I don't mean to make little of them at all. I grew up out here. I like it out here but they don't have to be dredged up all over again. The application speaks for itself and it's been before you and available. People who elect to wait for the last minute and have you read it to them, that's their cho'ice. If you elect to rely on Mr. Goehringer's reading to you, that is your choice. And if you elect to try and come up with your responses on the cuff after you've heard those applications, fine. welcome to do that. But please, not at the expense of the appli-. cant. Yes, there are private covenants that have to be dealt with. Let me make one quick comment about that which I said before. Th~ homeowners can't have it both ways. They can't si~ there and~tell us we've got to comply with all the laws of the State of New YOrk and the Town of Southold that you~didn't have to comply with and we've got to comply with your private covenants too. That's a whole legal argument. Lawyers and judges can talk about that until they're blue in the face. But we're here for setbacks tonight and I think the application has been there and speaks for itself. I would ask the Board, unless there is information that I have to provide you that wasn't clear tonight, to close the hearing and proceed with the decision making process. CHAIRMAN GOEHRINGER: Thank you. MR. MOORE: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would ~iike to speak either pro or con concerning this hearing before we make a dec'ision? Mr. Reilly. Page 8 - August 20, 1987 ~_P~ablic ~Hearing - William MOore and Benjamin Herzweig Southold Town Board of Appeals MR. REILLY: With'his difficulty of only 5 feet on the house, our difficulty is the entir~e house. And the idea is, if he puts the one house there, in a short time, there will be applications for the other five lots and then you'll have a little ghetto right there along the side. CHAIRMAN GOEHRINGER: Thank you. Alright. At this particular lme, we 11 take approximately a three,minute recess and discuss this issue and come back and vote on what We intend to do concern- ing the continuance of this hearing. At that time, I will copy the document for you and you're welcome to come out at anytime and in- vestigate the remaining part of the file. I need a motion. Ail in favor to recess for 3 minutes - AYE. CHAIRMAN GOEHRINGER: I make a motion the next regularly scheduled meeting wi ple from Mattit~ck Estates be aware of grant a thirty foot frontyard setback any discussions that we have on Septemk with the-difference of the two applicat ~o recess this hearing until th the proviso that the peo- the fact that this Board did o the applicant. And that er 10th, would probably deal ions. And that is the dif- ference between the application that they have before us tonight and what was granted which is a matter of approximately 5 feet which is the difference between the 43 and 38 which is the reason why the Moores and Mr. Herzweig have come before us tonight. And not speci- fically the nature of the fact that we are aware of your concerns and so on and so forth. But that's what we're primarily concerned with. The difference between the two applications. So I offer that as a motion. Ail in favor - AYE. RECEIVED _&ND ~z~ BY THE SOUTHOLD TOWN ~-~-,~ Town C!e~k, Town o~ ,,..,ou,.i~o,.a