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HomeMy WebLinkAboutZBA-05/12/1988Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI MINUTES REGULAR MEETING THURSDAY, MAY 12, 1988 A Regular Meeting of the Southold Town Board of Appeals was held on THURSDAY, MAY 12, 1988 commencing at 7:15 p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman; Serge Doyen; Robert J. Douglass; and Charles Grigonis (arr. 8:00), constituting four of the five Board Members. Absent was: Joseph H. Sawicki (out-of-state). Also present were: Victor Lessard, Executive Administrator (Building Department), Linda Kowalski, Secretary to the Board of Appeals, and approximately 10 persons in the audience at the beginning of the meeting. The Chairman proceeded with the first item on the agenda, as follows: DELIBERATIONS/DECISION: Appl. No. 3716: Application of ROBERT E. WALDRON, JR. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Matti- tuck, NY. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. The Board deliberated and took the following action: Southold Town Board of Appeals -2- May 12, 1988 Regular Meeting (Appl. No. 3716 WALDRON decision, continued:) WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application of ROBERT E. WALDRON under Appl. No. 3716; 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. The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 4, Lot 17, 2. The subject premises is a described parcel of land con- taining a total area of one-half acre with 65.0 ft. frontage along the west side of Ole Jule Lane in the Hamlet of Mattituck, Town of Southold. 3. The premises in question is improved with a single- family, two-story frame house and garage with a setback at 66.3 feet from its closest point to the front property line (along Ole Jule Lane), sideyards at 10.0 and 14.2 feet at their closest points, and setback from the mean highwater mark at approximately 49 feet, all as shown on sketched survey dated October 26, 1987 prepared by Peconic Surveyors & Engineers, P.C. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section lO0-119.2(B) for the approval of an enlarged open deck of a size 12' x 38 ' at the rear (westerly) end of the existing dwelling/deck construction for a proposed setback at 46± feet from the mean highwater mark along the dredged canal of James Creek and 40± feet from the edge of the wetlands line shown on the October 26, 1987 survey. 5. Article XI, Section lO0-119.2(B) of the Zoning Code requires all buildings and structures located on lots adjacent Southold Town Board of Appeals -3- May 12, 1958 Regular Meeting (Appl. No. 3716 - WALDRON decision, continued:) to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary high- water mark of such tidal water body, or not less than seventy-five feet (75) feet from the landward edge of the tidal wetland, which- ever if the greater distance. 6. It is noted for the record that during the time period of this application process, amendments have been proposed by the Southold Town Board concerning Section 100-119.2(B), and that on or about May 25, 1988, Local Law #15-1988 was filed with the Secretary of State which excepted those parcels which are not bulkheaded and which have been reviewed and approved by the Southold Town Trustees under Chapter 95 of the Code of the Town of Southold. This amendment was not in effect at the time of this Board's decision, but is in effect at the time of filing of this decision with the Town Clerk's Office. 7. For the record it is also noted that this property was the subject of prior conditional approvals by the Board of Appeals under Appl. No. 1233 on March 13, 1969, and under Appl. No. 1445 on July 29, 1971, concerning insufficient road frontage and insufficient frontyard setback for a new single-family dwelling. 8. The Courts have held that the area setback variance must meet the "practical difficulties~' standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and the circumstances are not personal in nature~ (d) the variance will not in turn be adverse to the safety, health, comfort, convenience, or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 9. It is the opinion of this Board that: (a) the relief requested in relation to the existing nonconforming setback from the existing wetlands line and in relation to those structures generally existing in the immediate area is not substantial; (b) the project asproposed' is not out of character with the neighborhood; (c) the circumstances of the property are unique as to its nonconforming wetlands Southold Town Board of Appeals -4- May 12, 1988 Regular Meeting (Appl. No. 3716 - WALDRON decision, continued:) setback, nonconforming lot area, width and depth, and as to its shape and character; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. In view of all the above factors, motion was made by Mr. Goehringer, seconded by Mr. Douglass, to GRANT the Variance as applied under Appl. No. 3716 in the Matter of ROBERT E. WALDRON, JR. WITH THE FOLLOWING CONDITIONS: 1. That no basement or cellar be constructed under the deck proposed herein; 2. No lighting that will be adverse to other properties. (All lighting must be shielded to the property.) 3. That an application be made to the Southold Town Trustees as required by Chapter 97 of the Code of the Town of Southold. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Douglass. (Members Grigonis and Sawicki were absent.) This resolution was duly adopted. Member Grigonis arrived at 8:00 p.m. (illness). Southold Town Board of Appeals -5- May 12, 1988 Regular Meeting (Oel]berati65s/Decisions) DELIBERATIONS/DECISION: Appeal No. 3575: Application of ROSA J. HODGSON for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application of ROSA J. HODGSON under Appeal No. 3575~ 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. The premises in question is a 7.152-acre parcel of land having road frontage (lot width) of 1100.68 feet along the north side of Pine Neck Road in the Hamlet of Southold, Town of Southold, as more particularly identified on the Suffolk County Tax Maps as District 1000, Section 070, Block 06, Lot 33. 2. The subject premises is improved with the following structures as shown on Drawing SP-1 dated September 26, 1986, prepared by Garrett A. Strang, Architect: a. principal single-family dwelling~ b. accessory tennis court; c. accessory garden fountain, pavillion, garden areas; and three Southold Town Board of Appeals -6- May 12, 1988 Regular Meeting (Appl. No. 3575 d. HODGS0N decision, continued:) accessory garage building with apartment (referred to as "existing cottage"; e. hedges; f. fencing. 3. By this application, appellant requests Variances from the provisions of Article III, Section 100-31, Bulk Schedule, of the Zoning Code for approval of insufficient lot area of 45,000 sq. ft. for a parcel to be set-off (divided off) from the exist- ing 7.152-acres, leaving a parcel of approximately six acres, as shown on the proposed Set-off Map Drawing No. SP-1 prepared by Garrett A. Strang, R.A. The parcel as laid out includes that area to the north used as a private right-of-way for other nearby residential parcels and is without frontage along a Town Street. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width (or street frontage) of 175 feet. It is also noted that the minimum setbacks for a principal building in this A-80 Residential Zone District is 60 feet from the front property line and 75 feet from the rear line. The "existing cottage" building would remain apparently as the principal structure with insufficient setbacks from the right-of-way to the north and from the property line to the north. (Relief for setbacks was not requested in the instant application.) 5. The amount of relief requested from the minimum required lot area of 80,000 sq. ft., when including the right-of--way land areas shown, is 35,000 sq. ft. , or 44 percent. The amount of relief requested when deleting the right-of-way land area is approximately 42,000 sq. ft., or 53 percent less than that required. The percentage of relief requested from the minimum frontage (lot width) along a town street is 100 percent. It is the opinion of this Board that the relief requested is substantial. 6. In considering this application, the Board also finds and determines: a. the variances requested are substantial; b. the practical difficulties claimed are self- created; c. the practical difficulties claimed are not sufficient to warrant a granting of the variances requested; d. there is ample land available to meet the lot size and frontage requirements and therefore there is a method feasible for appellant to pursue other than a variance; e. the Master Plan Amendments as proposed by the Town have not been adopted and accordingly the law that exists at the time of a decision will apply (Alscot Investing Corp. vo Rockville Centre, 99 AD 2d 754, 471 NYS2d 669 {1984, 2d Dept.}); Southold Town Board of Appeals -7- May 12, 1988 Begu!aP Meeting (Appl. No. 3575 - HODGSON decision, continued:) f. significant economic injury has not been demonstrated by dollars and cents proof; in view of all the above factors and in view of the manner in which the difficulties arose, the interests of justice will be served by denying the relief requested. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Goehringer and Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3575 in the Matter of the Application of ROSA J. HODGSON, BE AND HEREBY IS DENIED AS APPLIED. Vote of the Board: Ayes: Messrs. Doyen and Douglass. (Member Sawicki was This resolution was duly adopted. Goehringer, Douglass, absent [out of state].) OPEN RECESS~WITHOUT DATE: Appl. No. 3701 Matter of CHARLES ZAHRA. The Board was updated on the recent postponement at the May 7, 1988 Supreme Court hea~ing on the Order to Show Cause in this matter. The Supreme Court Judge postponed this matter, as agreed by both parties, until June 22nd. The Board agreed that this matter should not be advertised for a continued public hearing which was previously adopted ~ith a date of June 14, 1988. On motion by Mr. Goehringer, seconded by Mr. Douglass, was RESOLVED, to hold the Matter of the Hearing of CHARLES ZAHRA under Appl. No. 3701 without a date, pending further notice by both the Town Defense Attorney and the applicant's attorney. it Doyen This Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Douglass. (Member Sawicki was absent. (out-of-state)) resolution was duly adopted. Southold Town Board of Appeals -8- May 12, 1988 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3709: Application of EDWARD AND ORTRUD HANUS for a Special Exception to the Zonin§ Ordinance, to establish one new Accessory Apartment in the existing dwelling structure in accordance with the requirements of Article III, Section lO0-30(B), subsection 15. Location of Property: 635 Lupton's Point Road, Mattituck, NY; County Tax Map District 1000, Section 115, Block 11, Lot 3. The Board deliberated and took the following action: WHEREAS, public hearings were held on February 18, 1988 and April 14, 1988, in the Matter of the Application of EDWARD AND ORTRUD HANUS under Appl. No. 3709; 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, applicants request a Special Exception to the Zoning Ordinance, Article III, for permission to establish an "Accessory Apartment" in an existing principal single-family dwelling and in accordance with all the requirements of Section lO0-30(B), subsection 15 thereof. 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of approxi- mately one-half acre with lO0.O ft. frontage along the north side of a private right-of-way known and referred to as Lupton's Point Road, Mattituck. 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 3, and is improved with a two-story, single-family dwelling structure set back approximately 84 feet from the right-of-way as more particularly Southold Town Board of Appeals -9- May 12, 1988 Regular Meeting (Appl. No. 3709 - HANUS decision, continued:) shown on survey dated February ll, 1969, prepared by VanTuyl & Son. 4. It appears from the information furnished and from the Town assessment records the existing dwelling contains a livable floor area of approximately 2500 sq. ft. Seven-Hundred- Ninety (790) sq. ft. is proposed for the Accessory Apartment and the remaining square footage will be retained for the principal dwelling unit. 5. Parking plans have been submitted in behalf of the applicant for additional parking within and along the driveway area, It is noted that there is an existing one-car garage which is permitted to be used as one parking space. The Bulk and Parking Schedule of the Code requires two spaces for the principal dwelling use, which exists at the present time. The Accessory Apartment will be required to have two parking spaces. The total number of parking spaces for the principal dwelling and accessory apartment is four: three spaces plus the garage space. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-30(B)[15] of the Zoning Code, as applied in the Matter of the Applica- tion of EDWARD AND ORTRUD HANUS under Appl. No. 3709, BE AND HEREBY IS~APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with Subsections (a) through (q) of the Zonin§ Code; 2. Three on-site parking spaces, in addition to the Southold Town Board of Appeals -10- May 12, 1988 Regular Meeting (Appl. No. 3709 - HANUS decision, continued:) garage which will be used as a fourth parking space. 3. No backing out onto the private right-of-way. 4. Accessory apartment not exceed 790 sq. ft., as applied. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, and Doyen. (Members Grigonis and Sawicki were absent.) This resolution was duly adopted. APPROVAL OF MINUTES: by Mr. Douglass, it was On motion by Mr. Goehringer, seconded RESOLVED, to approve the Minutes of the following Meetings of the Southold Town Board of Appeals: March 3, 1988 Special Meeting, March 17, 1988 Regular Meeting, April 7, 1988 Special Meeting, April 14, 1988 Regular Meeting. Vote of the Board: All. were absent.) (Members Grigonis and Sawicki Southold Town Board of Appeals -ll- May 12, 1988 Regular Meeting DELIBERATIONS/DECISION: Application of BERNARD KIERNAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct additions to dwelling and accessory structure(s) within 75 feet of ordinary high- water mark along Southold Bay. Location of Property: 1605 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-1-15. The Board deliberated and took the following action: WHEREAS, a public hearing was held and concluded on 1988 in the Matter of the Application of BERNARD KIERNAN No. 3715; and April 14, under Appl. 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. The premises in question is located on the north side of North Parish Drive with frontage (lot width) of 155.0 feet and total lot area of 29,760 sq. ft. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 71, Block 1, Lot 15. 3. The premises is improved with a two-story, single- family dwelling with attached garage as more particularly depicted by town assessment records and Site Plan prepared by Garrett A. Strang, Architect dated February 3, 1988. 4. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2(B) of the Zoning Code for permission to construct raised deck with landing addition at 40 feet, accessory gazebo at 35 feet, and secondary grade-level construction at not less than 37 feet, all at the nearest point from the highwater mark along Southold Bay [see Site Plan Drawing #SP-1 dated February 3, 1988, and Drawing A-1 dated March 8, 1988 for all dimensions, elevations, size and shape]. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than Southold Town Board of Appeals -12- May 12, 1988 Regular Meeting (Appl. No. 3715 - KIERNAN decision, continued:) seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. For the record, it is noted that the dwelling structure as exists is presently nonconforming with an insufficient setback at 64 feet from the ordinary highwater mark, and 50 feet from the existing bulkhead. 7. Also shown on the maps submitted hereunder are stairs and stairway landings proposed northerly of the deck additions which are deemed not within the purview of this Board and are subject to review and consideration by the Southold Town Trustees under Chapter 97 of the Code of the Town of Southold. 8. In considering this application, the Board finds and determines: (a) that the dwelling as exists has a nonconforming setback; (b) that the variance in relation to the existing nonconforming setbacks in the area is not substantial; (c) that there will not be an increase in population density by this variance and accordingly no undue burden on available governmental facilities; (d) the grant of this variance, as conditionally noted below, will not produce a substantial detriment to adjoining properties; (e) the practical difficulties are unique to the property and are not personal in nature; (f) there is no other method feasible for appellants to pursue other than a variance; (g) in view of the manner in which the diffi- culties arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance, with the following conditions. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2(B) of the Zoning Code in the Matter of Appeal No. 3715 - BERNARD KIERNAN for the construction of a main deck, deck landing, gazebo(and deck construction at grade level),SUBJECT TO THE FOLLOWING CONDITIONS: Southold Town Board of Appeals -13- May 12, 1988 Regular Meeting (Appl. No. 3715 - KIERNAN decision, continued:) 1. No structures be located closer than 25 feet to the outer edge of existing bulkhead; 2. The deck landing (if raised) shall be not closer than 25 feet to the outer edge of existing bulkhead; 3. The decks and landings remain open, unroofed and unenclosed [as proposed]; 4. Any and all lighting shall be shielded to the property; 5. Ground area near and around piles for stairs must be replanted to aid in the prevention of erosion; 6. All structures shall be built in a manner as to prevent erosion. 7. Construction of stairs and stairway landings shall be built in accordance with Town Trustee and Building requirements, and vegetation shall not be adversely affected. Vote of the Board: Ayes: Douglass and Doyen. (Absent was: resolution was duly adopted. Messrs. Goehringer, Grigonis, Member Sawicki.) This Southold Town Board of Appeals -14- May 12, 1988 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3722 - MANFRED KUERNER. Application for MANFRED KUERNER for Variances to the Zoning Ordinance, Article XI, Section 100-119.2, and Article III, Section 100-31, Bulk Schedule, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional living area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of '~Old Cove~' [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. The Board deliberated and took the following action: WHEREAS, a public hearin§ was held and concluded on April 1988 in the Matter of the Application of MANFRED KUERNER under _Appl. No. 3706; ann -- 14, WHEREAS, at said hearing all those who desired to were heard and their testimony ~ecorded; and be heard WHEREAS, the Board has c'arefully 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 surroundin§ areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is shown on the survey mapped April 3, 1981 by Roderick VanTuyl, P.C. to have a lot width of 50.0 feet (along the east side of Carole Road), and lot depth of 100 feet, for a total of 5,000 sq. ft. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 3, and is improved with a single-family, one-story dwelling as shown by copy of survey mapped April 3, 1981, by Roderick Van- Tuyl, P.C. to be set back 24± feet from Carole Road, 25± feet from the e×isting bulkhead, 5½± feet from the most northeasterly sideyard, and 11± feet from the most northwesterly sideyard, Southold Town Board of Appeals -15- May 12, 1988 Regular Meeting (Appl. No. 3722 KUERNER decision, continued:) and 16± feet from the southerly sideyard (at its closest point). 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 5 ft. x 28 ft. addition at the rear of existing dwelling with a reduction of the present nonconforming setback from the bulkhead at not less than 17 feet and from the north- erly sideyard at its closest point at not less than 4'5"; (b) for a 12' x 22' garage addition, increasing the size by an additional two feet from that previously granted under Appl. No. 3706 on February 2, 1988, leaving an insuffi- cient southerly sideyard setback at four feet at its closest point and insufficient total sideyards at 9 (or 9½) feet; (c) lot coverage total of 1132 square feet. (d) increased height of garage addition not to exceed 15 feet, rather than the 12 ft. height limited under prior Appeal No. 3706. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at l0 and 15 feet, for a total of not less than 25 feet for both sideyards, and maximum lot cover- age at 20 percent. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. For the record it is noted that under prior Appeal No. 3706, action has been taken concerning both the rearyard addition and the garage addition rendered February 2, 1988, presently under consideration with modifications. 7. The Courts have must meet the "practical at least the following: held that the area setback variance difficulties" standard, considering (a) the relief requested is not Southold Town Board of Appeals -16- May 12, 1988 Regular Meeting (Appl. No. 3722 - KUERNER decision, continued:) substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 7. The percentages of relief requested by this applica- tion are substantial in relation to the current zoning requirements° 8. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwellings are presently nonconforming, including the applicant's dwelling; (b) the difficulties claimed are unique to the property, particularly due to its nonconforming size; (c) the immediate area does consist of other lots with similar situations; however, the setbacks of the two neighbor- ing properties from their existing bulkheads to the dwellings are at 23 feet and 30.7 feet [now Stewart and Hribok], and the premises further north [now of Smulcheski] having a setback from the bulkhead at 26.5± feet. The closest setback from the bulkhead was found to be that of Ippolito, four lots to the north of the subject premises, at 17 feet; (d) the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater; (e) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities, adverse to the spirit and intent of the zoning ordinance; (f) there is no other method feasible for appellants pursue other than a variance, except for a second-story addition; to (g) the relief requested as to the easterly [rear] yard and northerly side yard setbacks are not the minimal necessary; (h) the "practical difficulties" test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application; (i) in considering this application, the interests justice will be served by granting the easterly [rear] addition as applied, granting an increase in the limited height of the 10 ft. by 22 ft. garage addition from 12 of Southold Town Board of Appeals-17- May 12, 1988 Regular Meeting (Appl. No. 3722 KUERNER decision, continued:) feet to 15 feet high, and denying the further reduction requested for the garage addition, and as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the following new construction in the Matter of the Application of MANFRED E. KUERNER under Appl. No. 3722, SUBJECT TO CONDITIONS NO. 1, 2=~- 3, and 4 RENDERED UNDER APPEAL NO. 3706 FEBRUARY 2, 1988: 1. Rearyard addition of a size 5 ft. by 28 ft. with setbacks of not less than 17 feet from the existing bulkhead, and not less than 4'5" from the northerly sideyard, as applied; 2. Maximum height at one-story up to 15 feet (instead of 12 ft.) for the lO ft. by 22 ft. garage addition, as applied, and with a continuously unobstructed and open six-ft, setback from the southerly sideyard; 3. Lot coverage in excess of 20% [if any] of the total lot area, for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board: Ayes: Grigonis and Douglass. (Member resolution was du.ly adopted. Messrs. Goehringer, Doyen, Sawicki was absent.) This Southold Town Board of Appeals -18- May 12, 1988 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3636: Application of TARTAN OIL CORP. for a Variance to the Zoning Ordinance, Articles VI, Section 100-62(8), Article VII, Section 100-70(B), for an Interpretation of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and East Side of Sunset Avenue, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 9. Zone District: "B-l" General Business. The Board deliberated and took the following action WHEREAS, public hearings were held in the Matter of the Application of TARTAN OIL CORP. under Appl. No. 3636 on February 18, 1988, and April 14, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, written statements have been submitted for the record in favor and in opposition of the pending application; 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. This is an application requesting: (a) an Interpreta- tion of Article VI, Section 100-62(B) referring to shopping centers; and (b) as an alternative, a Variance to the Zoning Ordinance, Article XII, Section 100-122, from the one-acre lot requirement for a retail shopping center. 2. The property in question is located in the "B-l" General Business Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 3, Lot 9, containing a total area of approximately 34,700 sq. ft. Southold Town Board of Appeals -19- May 12, 1988 Regular Meeting (Appl. No. 3636 - T~RTAN OIL CORP., decision, continued:) 3. The subject premises fronts along three streets as follow: along the south side of the Main Road (or State Route 25) 201.82 feet; along the west side of Marratooka Lane 185.95 feet; and along the east side of Sunset Avenue 158.89 feet. The premises is surrounded by properties zoned "A" Residential and Agricultural. 4. The following information is furnished concerning the premises, the existing building and structures, and previously existing construction for the record: (a) During 1956, the premises was improved with an one-story frame building set back 21 feet from the northerly front property line [along the Main Road] and 71± feet from the easterly front property line [along Marratooka Lane], as more particularly shown by survey prepared by Otto W. VanTuyl & Son surveyed June 8, 1956. Although there is no gasoline pump shown on this 1956 survey, it is the Board's understanding that that building was used as a gasoline sales office and minor vehicle repairs, and that one gasoline pump or island existed to the north of that building. (b) Some time subsequent to 1957, the building was removed, and another building was placed as more particularly shown on the June 15, 1970 Survey prepared by VanTuyl & Son which shows setbacks from the northerly front property line at 60 feet and from the easterly front property line at 40 feet. The record is unclear as to whether or not this building was constructed under a building permit and approval by any other town departments. Town records do show that the subject premises during 1970 was zoned "A" Residential and Agricultural, and that a gasoline-service station was not listed as a "permitted use" [except in the "B-I" Business Zone District] since April 1957; (c) On or about June 7, 1965, the Zoning Ordinance provisions for the "B-l" Business District were amended to require a Special Exception approval by the Board of Appeals for a building or premises to be used as a gasoline service station or public garage [Section 420-2]; (d) On or about November 23, 1971, the Zoning Maps were amended to include the rezoning of this property from Southold Town Board of Appeals -20- May 12, 1988 Regular Meeting (Appl. No. 3636V - TARTAN OIL CORP. decision, continued:) "A" Residential-Agricultural to "B-l" General Business, and including the requirement for Site-Plan approval by the Planning Board in addition to Special Exception approval by the Board of Appeals, etc. (e) No town approvals have been found during the above time periods for the newly located building and/or site as existed since its change in 1986 to the present time. (f) The record is unclear as to issuance of permits for the commercial building and site prior to 1970; (g) During 1986 or thereabout, the site and building were changed, and as of this date, site-plan approval has not been received from the Planning Board as well as other zoning criteria which have not been complied with, as follows: 1. extensive blacktopping, eliminating natural wooded areas and other natural landscaping; 2. relocation of one gasoline island from previous location to a point l0 feet from the northerly property line; the 3. creation of a second gasoline island approximately 19 feet north of the building in the front- yard area; 4. relocation of air pump in the westerly front yard area; 5, creation of new colonnade with roof of a size 24' wide by 59' deep in the frontyard area with an insufficient setback of two feet [2'] from the northerly front property line, and extending over existing building; (Article VII of the Zoning Code requires a minimum setback for buildings at not less than 35 feet from the front lines); 6. strucutural alterations of building, including, but not limited to, removal of two garage vehicle overhead doors, placement of large picture window(s), new store front, etc. 7. new placement of three or more pole lights which create glare beyond the lot lines; Southold Town Board of Appeals -21- May 12, 1988 Regular Meeting (Appl. No. 3636V - TARTAN OIL CORP. decision, continued:) 8. new placement of florescent (unshielded) wall lights along the sides of the existing building for a total running length of approximately 36 feet which do appear to be adverse to surrounding properties when used in conjunction with the overhead lighting under the roofed colonnade and the separate lighting poles; 9. conversion of garage bays and front office area into a retail store for sales of beer, prepared foods, and other items which are not incidental or accessory to the gasoline-service station use [see this Board's action rendered under Appl. No. 3633 same date hereof]. 10. location of a glass-enclosed telephone booth at the most northeasterly corner of the premises near the Main Road; ll. placement of new ground signs at the most northeasterly corner of the premises near the Main Road. 5. Also noted for the record is a Certificate of Occupancy for Nonconforming Premises #Z14455 dated May 30, 1986 which appears to have been based on the June 8, 1956 Survey of Otto W. VanTuyl & Son for the premises and building as existed prior to 1957, but which does not apply since the building referred to has been removed from its original footprint, based upon information submitted. 6. Based on the facts in the record, it appears that the applicant proceeded, as noted above, without appropriate authorizations. The Board notes that there appear to be several areas of noncompliance under the Zoning Code (including but not limited to Article VII, Sections 100-70, 100-71, Bulk and Parking Schedule, Article XI, Section 100-119, Article XIII, Article XIV), such as setbacks, site-plan consideration and approval by the Planning Board, appropriate screening from the residential properties, appropriate traffic access and safety consideration, Southold Town Board of Appeals -22- May 12, 1988 Regular Meeting (Appl. No. 3636V - TARTAN OIL CORP. decision, continued:) building and sign permits, unobstructed corners at each intersection, curbing, shielded lighting). 7. In researching Town records, it is noted only building permit issued appears to be for the of the "canopy" under Permit #15833Z issued April that the construction l, 1987. 8. Article VI, Section 100-62 of the Zoning Code reads as follows: 100-62. Retail Shopping Centers. Notwithstanding any otrer provisions of this Article, a building or a combination of buildings containing retail stores, mercantile establishments, offices, banks and financial institutions, commonly known as shopping centers, may be erected or altered in the B Business District, subject, however, to the following requirements: A. Approval of site development plans by the Planning Board in accordance with Article XIII hereof. B. The lot area shall be not less than one (1) acre and the lot width shall be not less than one hundred fifty (150) feet. C. At least twenty-five percent (25%) of the lot area shall be landscaped with grass and plantings. D. The required front yards shall be not less than thirty-five (25) feet, except that where the property is in the vicinity is partly built up with permanent buildings and an average setback line has been established, no building shall project beyond the line of the average setback so established. E. The required side yards shall be not less than twenty-five (25) feet. F. The required rear yard shall be not less than twenty-five (25) feet. G. Parking shall be provided in off-street parking areas which shall provide one (1) parking space, three hundred fifty (350) square feet in area, for each one hundred (100) square feet of sales floor area or office floor area in each buildings. H. All rainfall and stormwater accummulated on the premises shall be returned to the ground within the boundaries of the premises. I. The total floor area for each retail or service establishment located therein shall not exceed ten Southold Town Board of Appeals -23- May 12, 1988 Regular Meeting (Appl. No. 3636V - TARTAN OIL CORP. decision, continued:) thousand (10,000) sq. ft. 9. It has been noted as part of the applicant's testimony that the subject variance should be granted based upon a prior Appeal rendered April 23, 1987 under Appl. No. 3618 for premises now or formerly of Sukru Ilgin. Under consideration before the Board at that time was an area variance for approval of a convenience store for the sale of packaged and non-food items (without food preparation or on-premises food services), in conjunction with the existing gasoline station with minimal floor area for retail sales (less than 700 sq. ft.). Ip that application an interpretation was not requested, and a conditional variance was granted for the small-scale retail sales area and further required that the use be related, "accessory and incidental to the existing gasoline station use." There is no interpretation of record by this Board determining any retail use to be an accessory use to a gasoline station. lO. It is the interpretation of this Board that the definition of a retail shopping center is clearly deemed to be "a building" or a combination of buildings" containing retail stores, mercantile establishments, offices, banks and financial institutions, and that a retail convenience store use, for the purposes of selling prepared foods, alcoholic beverages, prepack- ages foods, and many non-food items, is not necessary for the operation of a gasoline-service station, and therefore is not an accessory use incidental thereto. ll. The application requests, as an alternative, a variance for the retail store, on less than the required 43,560 sq. ft. of lot area. The lot in question contains a lot area of 34,700 sq. ft., and the amount of relief requested is approximately 8900 sq. ft. 12. The amount of floor area for the retail sales convenience store has not been furnished. 13. The site plan submitted has not been certified to comply with Subsections A, C, G, and H of Article VI, Section 100-62 noted above and appears deficient. No information has been furnished as to compliance with Article XI, Sections C, D, K, loading and unload- ing. Southold Town Board of Appeals -24- May 12, 1988 Regular Meeting (Appl. No. 3636V - TARTAN OIL CORP. decision, continued:) 14. In considering the variance requested, the Board finds: (a) the variation is substantial in relation to the requirements, being 8900± sq. ft. or 20% less than the requirement; (b) a substantial change will be produced in the character of the residentially-zoned neighborhood; (c) a substantial detriment will be created to adjoining residential properties; (d) strict application of the ordinance will not prevent a reasonable return upon the property for the existing use or other use permitted in this Zone District; (e) the project as submitted is not in compliance with all other zoning regulations of the Town of Southold; (f) the variance, if allowed, may cause traffic hazards at both street intersections, and accordingly will be adverse to the health, safety, order, convenience and welfare of the town; (g) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the variance, as applied, without prejudice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to DENY the Application under Appl. No. 3636 in the Matter of TARTAN OIL CORP~ WITHOUT PREJUDICE, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was duly adopted. Southold Town Board of Appeals -25- May 12, 1988 Regular Meeting DELIBERATIONS/DECISION: Appl. No. 3633-SE: Application of TARTAN OIL CORP. for a Special Exception under Article VII, Section lO0-70(B) of the Zoning Code for approval of the establishment of a partial self-service gasoline station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Mattituck, NY; 1000-115-3-9. Zone: "B-l" General Business. The Board deliberated and took the following action: WHEREAS, public hearings were held in the Matter of the Appli- cation of TARTAN OIL CORP. under Appl. No. 3633 on February 18, 1988, and April 14, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and written statements have been submitted for the record in favor and in opposition of the pending application; 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. This is an application requesting a Special Exception under the Provisions of Article VII, Section lO0-70(B) of the Zoning Code for the a~proval of newly added self-service pumping stations in conjunction with a previously established full-service gasoline station. 2. The property in question is located in the "B-l" General Business Zoning District and is identified on the Suffolk County Tax Map as District 1000, Section 115, Block 3, Lot 9, containing a total area of approximately 34,700 sq. ft. 3. The subject premises fronts along three streets as follow: along the south side of the Main Road (or State Route 25) 201.82 feet; along the west side of Marratooka Lane Southold Town Board of Appeals -26- May 12, 1988 Regular Meeting (Appl. No. 3633-SE - TARTAN OIL CORP., decision, continued:) 185.95 feet; and along the east side of Sunset Avenue 158.89 feet. The premises is surrounded by properties zoned "A" Residential and Agricultural. 4. For the record, the following historical concerning the premises and previous construction upon information and belief: information is noted (a) During 1956, the premises was improved with an one-story frame building set back 21 feet from the northerly front property line [along the Main Road] and 71± feet from the easterly front property line [along Marratooka Lane], as more particularly shown by survey ~repared by Otto W. VanTuyl & Son surveyed June 8, 1956. Although there is no gasoline pump shown on this 1956 survey, it is the Board's understanding that that building was used as a gasoline sales office and minor vehicle repairs, and that one gasoline pump or island existed to the north of that building. (b) Some time subsequent to 1957, the building was removed, and another building was placed as more particularly shown on the June 15, 1970 Survey prepared by VanTuyl & Son which shows setbacks from the northerly front property line at 60 feet and from the easterly front property line at 40 feet. The record is unclear as to whether or not this building was constructed under a building permit and approval by any other town departments. Town records do show that the subject premises during 1970 was zoned "A" Residential and Agricultural, and that a gasoline-service station was not listed as a "permitted use" [except in the "B-l" Business Zone District] since April 1957; (c) On or about June 7, 1965, the Zoning Ordinance provisions for the "B-l" Business District were amended to require a Special Exception approval by the Board of Appeals for a building or premises to be used as a gasoline service station or public garage [Section 420-2]; (d) On or about November 23, 1971, the Zoning Maps were amended to include the rezoning of this property from "A" Residential-Agricultural to "B-1~' General Business, and including the requirement for Site-Plan approval by the Planning Board in addition to Special Exception approval by the Board of Appeals, etc. (e) No town approvals have been found during the Southold Town Board of Appeals -27- May 12, 1988 Regular Meeting (Appl. No. 3633-SE TARTAN OIL CORP.,decision, continued:) above time periods for the newly located building and/or site as existed since its change in 1986 to the present time. (f) The record is unclear as to issuance of permits for the commercial building and site prior to 1970; (g) During 1986 or thereabout, the site and building were changed, and as of this date, site-plan approval has not been received from the Planning Board as well as other zoning criteria which have not been complied with, as follows: 1. extensive blacktopping, eliminating natural wooded areas and other natural landscaping; 2. relocation of one gasoline island from the previous location to a point l0 feet from the northerly property line; approximately yard area; 3. creation of a second gasoline island 19 feet north of the building in the front- front yard area; relocation of air pump in the westerly 5. creation of new colonnade with roof of a size 24' wide by 59' deep in the frontyard area with an insufficient setback of two feet [2'] from the northerly front property line, and extending over existing building; (Article VII of the Zoning Code requires a minimum setback for buildings at not less than 35 feet from the front lines); 6. strucutural alterations of building, including, but not limited to, removal of two garage vehicle overhead doors, placement of large picture window(s), new store front, etc. 7. new placement of three or more pole lights which create glare beyond the lot lines; 8. new placement of florescent (unshielded wall lights along the sides of the existing building for a total running length of approximately 36 feet which do appear to be adverse to surrounding properties when used conjunction with the overhead lighting under the roofed colonnade and the separate lighting poles; Southold Town Board of Appeals -28- May 12, 1988 Regular Meeting (Appl. No. 3633-SE - TARTAN OIL CORP., decision, continued:) 9. conversion of garage bays and front office area into a retail store for sales of beer, prepared foods, and other items which are not incidental or accessory to the gasoline-service station use [see this Board's action rendered under Appl. No. 3633 same date hereof]. 10. location of a booth at the most northeasterly near the Main Road; glass-enclosed telephone corner of the premises ll. placement of new ground signs at the most northeasterly corner of the premises near Main Road. the 5. Also noted for the record is a Certificate of Occupancy for Nonconforming Premises #Z14455 dated May 30, 1986 which appears to have been based on the June 8, 1956 Survey of Otto W. VanTuyl & Son for the premises and building as existed prior to 1957, but which does not apply since the building referred to has been removed from its original footprint, based upon information submitted. 6. Based on the facts in the record, it appears that the applicant proceeded, as noted above, without appropriate authorizations. The Board notes that there appears to be several areas of noncompliance under the Zoning Code (including but not limited to Article VII, Sections 100,70, lO0-71, Bulk and Parking Schedule, Article XI, Section 100-119, Article XIII, Article XIV), for the subject self-service gasoline pump islands as required by Article VII, Section lO0-70B, which reads in part as follows, as well as other site plan elements (Art. XIII): 100-70 -B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a s~ecial exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsection B(7) hereof, are subject to site plan approval by the Planning Board in accord- ance with Article XIII hereof: 4. Public garages, gasoline service stations, all subject to the following requirements: (.a) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet, and shall .be located not less than 10 feet from any property line (e) No gasoline or fuel pumps shall be. located less than fifteen feet from any street or property line. 5. Partial self-service gasoline service stations shall be subject to all of the the Southold Town Board of Appeals -29- May 12, 1988 Regular Meeting (Appl. No. 3633-SE - TARTAN OIL CORP., continued:) provisions of 100-70B(4) [above] and subject to the following requirements: (a) through (g) [inclusive]. 7. In researching Town records, it is noted that the only building permit issued appears to be for the construction of the "canopy" under Permit #15833Z issued April l, 1987. 8. Also in considering this application, the Board also determines: (a) that the use will adversely affect the safety, health, welfare, comfort, convenience and order of the Town, [as noted above]; (b) that the use is not consistent with the general purposes, regulations, and intent of Chapter 100 [Zoning]; (c) that the use will prevent the reasonable use of adjacent or nearly residential properties; (d) that the use will cause disturbing electrical discharges, light, vibration, and noise. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, due to the deficiencies under the zoning ordinance for the existing building and structures, and for the proposed use and structures, that the application in the Matter of the Application for TARTAN OIL CORP. under Applo No. 3633, must be and hereby is DENIED W~ITHOU~ PREJUDI~ to future applications; and be it FURTHER RESOLVED, that the applicant/property owner upon receipt of this decision be and hereby is notified that all improper operations should cease and desist immediately. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis~ (Member Sawicki was absent.) This resolution was duly adopted. lk Southold Town Board of Appeals -30- May 12, 1988 Regular Meeting INFORMAL DISCUSSION: Appl. No. 3707 - JOSEPH F. CITARDI. The Board noted that deliberations and decision time is pending. Mr. and Mrs. Joseph Citardi were present and asked if the Board could make a decision tonight since they came from out of state. The Board deliberated. It was the consensus of the Board that alternative relief should not be granted under these circum- stances, and )articularly ~ince the applicants were not agreeable to submitting a better plan for minimal relief. The Board members agreed to hold this matter for our next meeting on June 2, 1988 for additional Board Member input~ No decision was made at this time. RESOLUTION CALENDARING HEARINGS FOR JUNE 2, 1988: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the following matters be and hereby are scheduled for public hearings to be held at the Southold Town Hall, Meeting Hall, Main Road, Southold, New York, on THURSDAY, JUNE 2, 1988 at the following times, and be it FURTHER RESOLVED, that the Board Secretary, Linda Kowalski, is hereby authorized and directed to advertise notice of same in the local and official newspapers of the Town, to wit: Suffolk Times and Long Island Traveler, and as to those hea~ings con- concerning properties on Fishers Island in The Day newspaper: 1. Appl No. 3721 2 Appl No. 3717 3 Appl No. 3727 4 Appl No. 3726 5 Appl No. 3723 6 Appl No. 3731 7 Appl No. 3718 8 Appl No. 372@ 9 Appl No. 3732 10 Appl No. 3730 Russell & Ruth Planitzer Frederick Koehler, Jr. as Amended - Dorothy Abbott CLiff and Phil's Lobster House. - Angelo Spetsiotes North Fork Country Club - Patricia Steqner -George R. Furse - Bidwell Vineyard. - Estate of Dorothy Russell (The remaining applications recently next week, to wit: June 9, 1988 for Vote of the Board: Ayes: All. This resolution was duly adopted. filed were scheduled for the public hearings.) (Member Sawicki was absent.) (Member Grigonis was absent.) Southold Town Board of Appeals -31- May 12, 1988 Regular Meeting RESOLUTION CALENDARING HEARINGS FOR JUNE 9, 1988: On motion by Mr. Goehringer, seconded by Mr. Douglass it was RESOLVED, that the following matters be and hereby are scheduled for public hearings to be held on THURSDAY, June 9, at the following times, and be it 1988 FURTHER RESOLVED, that the Board Secretary, Linda Kowalski, is hereby authorized and directed to advertise notice of same in the local and official newspapers of the town: 7:40 p.m. Robert and Sidney Olmsted 7:45 p.m. Anthony and Joan Sturcken 8:03 p.m. J. Whittier (instead of June 2nd per Vote of the Board: Ayes: All present. request of architect). There being no further business properly coming before the Board at this time, the meeting was declared adjourned. The meeting adjourned at 9:00 p.m. ~ ~-~ ~-~Li nda F. Chairman~ Respectfully submitted, Kowalski, Board Secretary RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.¢.RK Town Clerk, Town of Southold