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HomeMy WebLinkAboutZBA-08/31/1983 �A; Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS M I N U T E S JOSEPH H. SAWICKI — — — — — — — REGULAR MEETING AUGUST 31, 1983 A Regular Meeting of the Southold Town Board of. Appeals was held on Wednesday, -August 31, . 1983 at 7 :30 o' clock p.m. at the Southold Town Hall, Main Road, Southold., New York. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis; Serge Doyen and Robert J. Douglass. (Absent was Joseph H. Sawicki. ) Also .present was .Victor. Lessa.r.d., Adminis- trator, Building Department and approximately 25 persons in the audience. The Chairman called the meeting to .order at 7:30 p.m. and proceeded with the first public hearing. PUBLIC HEARING: Appeal No. 3164 . Application of JOHN J. CLAVIN, Madeline Avenue, Fishers Island, NY for a Variance to the-Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate accessory building in an area other than the required rear yard, at premises known as Lot #2, Minor Subdivision#231, Fishers Island Utility Co. , and more particu- larly known as County Tax Map Parcel No. 1000-006-08-3. 3. The Chairman opened the hearing at 7:35 o' clock p.m. and read the legal notice of hearing in its entirety and the sub- ject application. MR. .CHAIRMAN : We have a copy of a survey with a pencilled-in area of a garage approximately 30 ' from the main house. The pro- posed garage is 22' . by 30' . I also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the immediate area. The board did view the site on the annual trip to Fishers Island. Is there anybody wishing a to speak-in-behalf of this application? (No one) Is there any- I rSouthold Town Board __ Appeals -2- August 31 .9.83 Regular Meeting (Appeal No.. 3164 - JOHN J. CLAVIN, continued: ) one wishing to speak against the application? (No one..) I will offer a resolution on this application approving same, providing that the garage be used only for storage purposes. MEMBERS DOYEN AND GRIGONIS seconded. the motion. The following findings and determination were made: By this appeal, appellant seeks permission to construct a 22' by 30 ' accessory garage/storage building approximately 30 ' westerly from the .southwest corner of the existing one-family .df.welling. The premises in question contains an area of 63, 750 square feet and is zoned ".A-Residential and Agricultural. " The subject parcel is identified as Lot #2 of Minor Subdivision of "Fishers Island Utility Co. , Inc. , Map #231 as revised 10/13/81. Due to the unique topography of the land, the board agrees with the reasoning of the applicant. In considering this appeal, .the board determines: (1) that the variance request is not substantial; (2) that no . substan- tial detriment to adjoining properties will be created; (3) that the difficulty . cannot be obviated by a method feasible to appellant other than a variance; (4) that no adverse effects, will be produced on available governmental facilities of any increased population; (5) that the relief requested will be in harmony with and promote the general purposes of zoning; and (6) that the interests of justice will be served by, allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Messrs. Doyen and Grigonis, it was RESOLVED, that Appeal No. 3164, application -by JOHN J. CLAVIN for permission to construct a 22 ' by 30' accessory garage building in the front/side yard -area, BE AND HEREBY IS APPROVED PROVIDED THAT SAME BE USED ONLY FOR STORAGE PURPOSES (no living area) . j Location of Property: Subdivision Map .#231, Lot #2; County Tax Map Parcel No.. 1000-006-008-3.3 . Vote of the Board: . Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. i Southold Town Board < Appeals -3- August 31, 183 Regular Meeting t PUBLIC HEARING: Appeal No. 3153. Application of ELIZABETH SCHWIEGER and MARGARET MURRAY, Lighthouse Road, .Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of three proposed lots, each having insufficient area, width and/or depth, and/or insufficient setbacks of existing buildings due to location of lot lines, located at the east side of Lighthouse Road,, Southold; County Tax Map Parcels No. 1000-51-02-001 and 002. The Chairman. opened the hearing at 7 : 40 o'clock p.m. and read the legal notice of hearing in .its entirety and the- sub- ject application. MR. CHAIRMAN: We have a copy of a survey prepared by Roderick VanTuyl, P.C. amended June 29, 1983 indicating a'-".house which is on the 1. 50 acre parcel, which is Lot #1; Lot #2, which contains the barn of 1. 55 acres, plus or minus; and Lot #3, which .contains another structure of 1. 69 plus or minus acres.. We have a copy of the Suffolk County Tax Map indicating this property and the properties in the area. Would anybody like to be heard in behalf of this application? Anybody like to speak against the application? Any questions from any board members? Gentlemen, I had specific questions I wanted to ask Mrs. Schwieger and unfortunately she has not come to the hearing. 'S'uggdstomaybe we recess this until she-- SECRETARY : Here she is now. That' s Mrs. Schwieger. MR. CHAIRMAN : Mrs. Schwieger, you're on. MRS. SCHWIEGER: Oh, I was waiting in the wrong place. MR. CHAIRMAN: I 'm sorry. Is there anything you would like to say concerning your application? MRS. SCHWIEGER: I don' t think so. I think it is clear--I mean, I don't think there' s anything additional unless you want to ask something. MR. CHAIRMAN: Concerning Lot #3, 1. 69 acres--what kind of structure is on Lot 43? MRS. SCHWIEGER: I'm not sure if that' s the barn or-- MR. CHAIRMAN: Well, the house is on Lot #1.. The other house we were unable to get a picture of--it was .getting kind of dark when we were over there last week. Do. you have a picture of the house on Lot #3? MRS. SCHWIEGER: I 'm trying to think if that' s the small house-- MR. CHAIRMAN: Yes, that' s the small house. MRS. SCHWIEGER: I did not, but I could get it for you. MR. CHAIRMAN: Ok, would you furnish the board with a picture of that particular house. You have given us beautiful pictures of Y 7 i- Southold Town Board c' kppeals -4- August 31 983 Regular Meeting (Appeal No. 3153 - SCHWIEGER AND MURRAY, continued: ) MR. CHAIRMAN continued: the barn. The pictures we had taken when we were over there on inspections did not come out and I want a picture. of that particular house for the file if that' s all right with .you. MRS. SCHWIEGER: Of course. Could I go home and get it and bring it back tonight? MR. CHAIRMAN: I don' t think it really necessitates that. MR. CHAIRMAN: I doubt seriously we would make any decisions on it tonight anyway. Oki so bearing that in mind-- MRS. SCHWIEGER: It's a salt box. MR. CHAIRMAN: Right. Whatever we took did not come out.and we would. appreciate a picture for the file. Our secretary will probably not be in for the rest of the week, so if you do bring it in, put it in an envelope and leave your name on it and leave it on the desk in the office. MRS. SCHWIEGER: Fine. MR. CHAIRMAN: I ' ll ask again-- MRS. SCHWIEGER: Excuse me, but would it be of any help if I went home and brought it back tonight? MR. CHAIRMAN: No, we probably wouldn' t make a decision tonight anyway. We have a rather lengthy agenda. Thank you ,„anyway for the offer. Would anybody else like to be heard in behalf, of this hear- ing either pro or con? Any questions from board members? (None) Hearing no further questions, I 'll make a motion closing the hearing and reserving decision until later. MEMBER DOYEN: Second. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to close the hearing. and _ reserve decision--'..in the matter of Appeal No. 3153,. application of ELIZABETH SCHWIEGER AND MARGARET MURRAY.until later. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. Y Southold Town Board c_ Appeals -5- August 31, 83, Regular Meeting PUBLIC HEARING: Appeal No. 3155. Application of RICHARD REUNIS, 1500 Beebe Drive, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 (C) for permission to locate tennis court with 10 ' high fence accessory to the principal structure (dwelling) a:t,.premises known as 1500 Beebe Drive,. Cutchogue, NY; County Tax Map Parcel No. 1000-103-03-004. The Chairman opened the hearing at 7 :48 o'clock p.m. and read the legal notice of hearing. in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a'.,-.sketch of a survey indicating the lot of 37, 040 sq. ft. and a tennis court in the rearyard in back of the main structure, main dwelling, of 60 ' by --it doesn' t give me the dimension. I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Would some- body like to be heard in behalf of this application? MR. REUNIS: May I speak in my behalf, Mr. Reunis myself? MR. CHAIRMAN Certainly. MR. REUNIS: Ok. We've been living here 11 years at that address, and---.for the last seven really playing tennis on that court. Being in business seven days a week, and if I have a little bit of entertainment it' s almost my life. 'It-,'_s really the only entertainment I have. It' s nothing that. would upset the neighborhood--I don't make .any noise. My neighbors are here themselves tonight and can vouch for it. MR. CHAIRMAN: Do you know the dimensions? 60 by what? MR. REUNIS : Sixty by 100. MR. CHAIRMAN: Sixty by 100 feet. Thank you, Sir. JANIS SCODY: Can I speak. I 'm one of the neighbors, and he doesn't make any racket. And he doesn' t have any parties, and he doesn' t have any cars parked on the street, so. I just want to verify what. he is saying. MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? Questions from board members? The only thing that rather concerns me, Mr. . Reunis, is the fact that we have dealt with tennis courts being structures because they have fences and that was the reason why you had to come in. I do not know the square footage of your main house along with the tennis court will exceed the 200 lot coverage in Southold Town. Now if it does exceed the 20% , we may make a condition and you may have to come back to the Zoning Board of Appeals for . an. appeal of the excessive lot coverage. MR. REUNIS: Does it mean the .total length of the fence? MR. CHAIRMAN: Everything that is in the enclosure. T ,1 Southold Town Board c kppeals -7- August 31, 8.3 Regular Meeting (Appeal No. 3155 - RICHARD REUNIS, continued: ) MR. REUNIS: It' s just as a back ground. MR. CHAIRMAN: Yes, I noticed that. You' re only going 15 feet or something of that nature. All right, we' ll see what the Building Inspector says about that, ok? MR. REUNIS : I thought I could get away with .nets, but the nets just rot away and the balls .go right through it. MR. CHAIRMAN: Thank you. Is there anybody else to speak on this? Hearing no further questions, I ' ll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. Oh�-.motion...by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3155, application of RICHARD REUNIS, until later. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3156. Application of WILLIAM AND LINDA ZINGARO, P.O. Box 306, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, . Sections 100-119 (A & B) for permission to retain. hedge height over four feet high along the frontyard along Pequash Avenue (30100 Main Road) , Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007. The Chairman opened the hearing at 7: 54 o' clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have. a copy of a survey dated May 18, 1982 indicating the area in which the applicant proposes the hedge over four feet high, and running 30' from the Main Road and thence to the rear property line (southerly line) . And we also have a copy of the Suffolk County Tax Map .indicating this property and .surround- ing properties. Would somebody like to be heard in behalf of this application? Sir? MR. ZINGARO: I 'm the homeowner. We also have two businesses across the street from us. One is a real estate agency and a car repair shop. So the hedge also eliminates that. They have a lot of vehicles. MR. CHAIRMAN: Do you have any idea how high you would allow this hedge to grow? MR. ZINGARO: Probably not over--I 'd say five to six feet. y , Southold Town Board c ,ppeals -8- August 31, 83 Regular Meeting (Appeal No. 3156 - WILLIAM & LINDA ZINGARO, continued: ) MR. CHAIRMAN: So it would:Dnot exceed seven or eight feet? MR. ZINGARO : Six feet maximum. MR. CHAIRMAN: And you would keep the hedge in the front part of the yard fairly well-trimmed so that people would have reasonable visibility? MR'. ZINGARO : Right. MRS. ;:Z.IN:GARO: It' s that way right now. MR. CHAIRMAN: Yes, it is. We were over there last week and we got a reasonably good picture.; I should say. it was a reasonably good picture for me taking the picture. MR. ZINGARO: I trimmed the front to 30" and I still have people complaining about it, but that' s the legal height. MR. CHAIRMAN.: Is there anybody else that .would like to be heard in behalf of this.. application? MR. CHAIRMAN: Anybody like to speak against .the application? Questions from board members? (None) MR. CHAIRMAN: Bearing in mind that the hedge is there, I don' t . see any reason why we should hold these people up. I ' ll make a motion with the restriction that it not exceed 6 ' in height in the area that they have mentioned on the particular-- do you have any idea what .the. distance is what you're actually asking for I have 153 feet, so I would assume iE,-you',re::asking: .for the first 30 which the house is set off from the Main Road, we're talking basically 123 feet plus the .driveway, right? MR. ZINGARO: I measured off 30 feet from the front so there on would be the distance. MR. CHAIRMAN: Ok, 120, plus or minus feet. MEMBER DOYEN: Second. (continued on next page) Southold Town Board of peals -9- August 31, 1 3 Regular Meeting (Appeal No. 3156 - WILLIAM AND LINDA ZINGARO, continued: ) The board made the following findings and determination: By this appeal, appellants seek permission to retain height of exist- ing hedges at six feet commencing at a point 30 feet from the intersection , of Pequash Avenue (or Fleets Neck Road) and Main Road, along the front property line at Pequash Avenue and extending to. its most southerly point approximately 123 feet. The parcel in question is a corner lot as defined by. Article III, Section .100-13. Existing on the premises is a 22-story, one-family dwelling with porch, and accessory garage in the rear yard used for storage purposes. Along the front property line at Main Road, , commenc- ing at a point 30 feet from the intersection is an existing hedge four feet in height. The appellants have only requested a variance for hedge height along the southwest (front) property line as noted above. The first 30 . feet along both front property lines are to be maintained at a maximum height of 30 inches, and the existing hedge along the Main Road at a maximum height of four . feet. Opposite the premises directly to the southwest is a business district. The board agrees with the reasoning of appellants. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no substantial detriment to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the relief requested will be in harmony with and promote the general. purposes of zoning; and (5) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3156, application of WILLIAM AND LINDA ZINGARO, for permission to maintain maximum height of existing hedge at six feet, BE AND. HEREBY .IS APPROVED SUBJECT TO THE FOLLOWING: That the subject hedge shall not exceed six feet in height along the frontyard area along Pequash Avenue and the maximum 30 inches in height shall be maintained along the first 30 feet from the above-noted intersection. Location of Property: Southeast corner of intersection, Main Road and Pequash Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-102-03-007 . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. Southold Town Board o, ppeals -10- August 31, ' 33 Regular Meeting PUBLIC HEARING: Appeal No. 3157. Application for DIMITRIOS PAPAGIANNAKIS, by D. Kapell as agent, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III , . Section 100-31, Bulk Schedule, to redivide two parcels, each having insuffi- cient area and width and located off the west side of Stars Road, East Marion, NY; Stars Manor Subdivision Map. #3864, Lots 20 and 21; County Tax Map Parcels No.. 1000-22-04-001 and 002. The Chairman opened .the hearing at 8 : 00 o'clock p..m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared by Roderick VanTuyl, and :Son dated July 7, 1983, showing Lot #21 of . 48 acre and Lot #20 of . 465 acre. I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Excuse me, would you like to be heard in behalf of this application, Mr. Kapell? DAVID KAPELL: . As described in the application, we' re asking permission to redivide two lots as required in 1966 . All lots along that. road are-ohalf-acre, lots-,and are similar in size and dimensions .as the ones we propose to recreate. These are . two of the lots that were regularly referred to in the hearings leading up to the two-acre zoning .which everybody seems to feel was important and were for people who couldn'.t afford to buy the larger lots that are now required. Furthermore, my applicant feels that .he would be aggrieved if not able to own these lots as he bought them which were half-acre lots at the time. We would appreciate your approval. MR. CHAIRMAN: Mr. Kapell, the only thing I see a problem with is the fact that we have nothing from the Planning Board concerning this. Have you made any application to the Planning Board yet? MR. KAPELL: We've made no application to the Planning Board. MR. CHAIRMAN: Would you have any . objection to my recessing this hearing until we get some comments from the Planning Board? MR. KAPELL: W. 11cyou refer it to them, or-- MR. CHAIRMAN: No, you're going to have to make an application to them. MR. KAPELL No, I have no problem with that. MR. CHAIRMAN: Ok. Thank you. MR. KAPELL: Thank you. G.00d .night. MR. CHAIRMAN: Would anybody else like to be heard in behalf of this application? Against the application? (None) Hearing no comments, I ' ll make a motion recessing this hearing until we receive comments from the Planning Board. e Southold Town Board o: ppeals -11- August 31, )83 Regular Meeting (Appeal No. 3157 - DIMITRIOS PAPAGIANNAKIS, continued: ) MEMBER DOUGLASS : Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to recess Appeal No. -3157, application. for DIMITRIOS PAPAGIANNAKIS, until comments from the Planning Board are received. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted, PUBLIC HEARING: Appeal No. 3158. Application of CHARLES AND CLAIRE WOOLLEY, 520 Private Road #12, Southold, NY for a Variance to the Zoning Odinance, Article III, Section 100-32 for permission to build garage/storage building in the frontyard area at premises known as .520. Private Road #12, (near Bayview) , Southold, NY; County Tax Map Parcel No. 1000-078-06-006. The Chairman opened the hearing at 8 :05 o 'clock p.m. and read the legal notice of hearing in its entirety. and appeal application. MR. CHAIRMAN: We have. a copy of a survey indicating a pro- posed location 5 ' from the neighbor and the -name appears to be Kart, and 5' from the Monument: alon- g what appears to be the. Private Road. They're building a structure approximately 24 ' by 241 ? MRS. WOOLLEY: Yes. MR. CHAIRMAN: What would you like to say in behalf of this application, Mrs. Woolley? MRS'.. WOOLLEY: Well, we tried to get the house-- we have two boats and we' re trying to get the boats out of the backyard and use it as a storage area. We have no storage area nowoand it' s creating a problem. MR. CHAIRMAN: I assume that the road down there is probably, what, about. 12 or 15' wide? MRS. WOOLLEY: The present road is 12' wide and we are set back-- we're allowed 50 feet, and we want to put the .garage 5 ' off that 50-foot area. MR. CHAIRMAN: Is there any-possibility of pushing it back farther? MRS. WOOLLEY: No problem with me, but could I ask why? MR. CHAIRMAN: Well, it is not the nature of this board to grant buildings that close. to the line, for several reasons. I doubt seriously however, that this road would be improved--particularly to 1 Southold Town Board c kppeals -12- August 31 983 Regular Meeting (Appeal No. 3158 - CHARLES AND CLAIRE WOOLLEY, continued: ) MR. CHAIRMAN continued: the width of 50 feet, however it' s just something we don't-- MRS. WOOLLEY: How far back did you want us to be? MR. CHAIRMAN:. I haven't really discussed it with the board, but I would consider somewhere .in the area of about 10 feet. MRS. WOOLLEY: There ' s no problem with that. MR. CHAIRMAN: Thank you very much. And this building would be used only for storage purposes? MRS. WOOLLEY: Right. MR.CHAIRMAN: No sleeping quarters. MRS. WOOLLEY: No. MR. CHAIRMAN: Would anybody. else like to speak in behalf of this application? Anybody like to speak against the application? Questions from board members? Would there be any utilities in this building, Mrs. Woolley,. other than electric? MRS. WOOLLEY: No. MR. CHAIRMAN: Hearing no further questions, I' ll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS : Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 3158, application of CHARLES AND CLAIRE WOOLLEY, until later. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3160. Application for A. DELANEY:,: by Environment East, Inc. , Indian Neck Lane, Peconic, NY. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage building in the frontyard area at premises located at the south side of Great Peconic. Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. The Chairman opened the hearing at 8 :10 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. Southold Town Board c Appeals -13- August 3 . 1983 Regular Meeting (Appeal No. 3160 - A. DELANEY, continued: ) MR. CHAIRMAN: We have a copy of a survey indicating the placement of the garage 90 ' from Peconic Bay Boulevard .and 15 ' from the west property line. The garage will be approximately 24 ' by 241 . I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Stoutenburg, would you like to be heard in behalf of this application? . PETER STOUTENBURG: Yes, Mr. President, Members of the Board and members of the building department. Mr. Delaney apologizes for not being out: .here;.at the meeting. They are presently moving into the area,-so the use of this house is changed from a seasonal residence and they hope to make it full time since their"-;business has moved further east, although they are still tied up with things down on the west end where they also have a home. I think the application covers most .of the points that I might just touch on for a moment. Most important I think is that that whole side of the road is basically vegetation--I don' t know if you could see, but one or two of the neighbors further to the east of maybe two or three houses down- are the neighbors to the west. You see everybody' s garages in front of their houses. We tried to locate the garage in a location that we felt was least-- a considerable distance back so that it didn' t disturb any of the neighbors. I think the neighbor on the west has a small shed and wood pile which is half on the Delaney property. You would only get a glimpse of this building as you .stood in the. driveway. I don't think it would be obvious to most people driving down there. They do need some sort. of storage on the property and even their summer belongings, beach equipment, chairs. The house isn' t all that large, and they've got a young child as well. There ,is a lot of equipment I'm sure that the kid has that they really can' t fit into the house or any attached sheds to the house. I suspect that most garages are used at least half for storage and the other half for a vehicle. It' s not close enough to the house that it could be used everyday for a car. In the proposed garage there ' s no plans at the moment for any electric or plumbing of any sorts. In the future I 'm sure it will be something--electricity at least. MR. CHAIRMAN: It is your understanding that it will always remain as a storage building? MR. STOUTENBURG: Oh, yes. There is no second floor to it. . . It has a high-pitched roof plan for storage up in that area at some point. We' re not planning on putting in any type of floors or anything else in there and there will be .no window on the second-floor level. The whole first floor is opened up, exposed behind two very, large garage doors. MR. CHAIRMAN: The second question I have, would the garage doors open toward the road- MR. STOUTENBURG: At right angles to it. MR. CHAIRMAN: At right angles to the road. i Southold Town Board o ppeals -14- August 31 . L983 Regular Meeting (Appeal No. 3160 - A. DELANEY, continued: ) MR.. STOUTENBURG: They would be parallel to the drive going into the property, so you wouldn' t look into it but you would !-- be along the side Ishould say. The side facing the drive. MR. CHAIRMAN: Would anybody else like to speak in behalf of this application? Anybody wishing to speak against the application? Any questions from any board members? What ' s the timeliness on this, do they want to ..get going on it, Sir? MR. STOUTENBURG: Yes. It' s something that, since they are moving out here, I don' t know if you people have .inspected it--I 'm sure you saw it--there are piles of some things under plastic that when they contacted me, they hadn' t realized they had to go to the board and it took us some time to get the applications in. They were sitting a little bit longer than estimated, MR. CHAIRMAN: All right. Bearing that in mind, I ' ll make a motion approving this, with the following condition: That the structure remain always the storage building and that it be con- structed as per this hearing, with the garage doors opening toward the blacktop driveway. MEMBER GRIGONIS : Second. (Continued on next page) t Southold Town Board of )peals -15- August 31., 3 Regular Meeting (Appeal No. 3160 - A. DELANEY, continued: ) The board made the following findings and determination: By this appeal, applicant seeks permission to construct a 24 ' by 24 ' accessory two-car garage to be located in the frontyard area approxi- mately 90 ' from Peconic Bay Boulevard and having. a minimum sideyard of 15 feet from the westerly side property line. The premises in question has frontage along Peconic Bay Boulevard of 94 ..66 feet and an average depth of 456 feet, and fronts 105. 26 feet at a tie line along Peconic Bay. Existing on the premises in question is a one-family, one-story frame house with porch located at the southerly portion of the premises. The board agrees. with the reasoning of applicant and find that the area chosen for this proposed accessory garage is the most practical and feasible under the circumstances. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no adverse deteriment to adjoining properties will be created; .(3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3160, application for A. DELANEY for permission . to . construct 24 ' by 24 ' two-car garage in the frontyard area; BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the subject building be used only for storage/garage purposes; 2. That the subject building shall face its garage doors toward the driveway (not to the street) ; 3. That the grant of this variance relies upon. tli.e statements made at the August 31, 1983 hearing. Location of Property: South Side of Great Peconic Bay Boule- vard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-009. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. f Southold Town Board c appeals -16- August 3: 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3161. Application for PETER LUHRS, by Michael J. Hall, Esq. , 218 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII , Section 100-70 (B) [4] for permission to establish a public garage/repair station in this "B-1 General Business District, " premises known as 45845 North Road, Southold, NY; County Tax Map Parcel No. 1000- 55-02-17 (Owner: L.P. Ed.son) . The Chairman opened the hearing at 8 :18 o'clock p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey indicating the proposed structure of approximately 1, 700 sq. ft. , which will lie approximately 40 ' from the Middle Road, 35 ' from the west property line and 55' from the rear, and there is no di:stance shown for the east side area. We also have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Hall, would you like to be heard? Prior to that, however, I should mention that I do have one letter of objection in the file that :thb"'bbard._ i s.*,awar.e..-:of MICHAEL J. . HALL, . ESQ. : At this time what I would like to hand to the board and. I have seven copies which I received just about a half hour ago, are a rough draft of the front of the building and a- sketch on top. of the survey, showing the approximate location of the building and the bays and the parking spaces. (A copy of the sketched-in survey dated 2/6/67 .and rough draft of the front of the building was made part of the file. ) MR. HALL: Anderson on Zoning, which I 'm sure everyone recog- nizes as the source of zoning law and report on zoning laws, states that if an applicant for a special permit to establish a gasoline station--and I' ll interrupt--Peter Luhrs doesn' t want 'to establish a gasoline station. There will be no gasoline. If an applicant fora special permit to establish a gasoline station meets the standards recited in the zoning regulations, the permit must be issued as a matter of course. A permit may not be denied except upon the basis of findings which are supported by evidence. That' s Anderson, page 524. Under. the "B-1 General Business District, " and Article VII of the code, states that the following uses are permitted by Special Exception of the Board of Zoning Appeals: I 'm sure .you know it better than I do. One of those uses permitted by Special Exception is a public garage, gasoline service station and new or used car lot, all subject to the following requirements. One is that an exit and entrance driveway shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall not be located less than 10 feet from any property line, and shall so be laid out as to avoid the necessity of any vehicle backing out across a public right.-of-way. The building is laid .out such the curb cut is already existing Southold Town Board c kppeals -17- August 31, 983 Regular Meeting (Appeal No. 3161 - PETER 'LUHRS, continued:) MR. HALL continued: that any vehicles going in and out of the service station will be going in straight off the North Road. to the. back of the building. They' ll be able to turn around back there, they' ll be plenty of room and we' ll be coming straight out for easy egress and ingress. The second requirement is that vehicle lifts or pits, dismantled automobiles and. all parts and supplies shall be located within a building. By all means, they will be. And a step better than that, Peter Luhrs has located the entrance bays at the back of the building. It will be completely. invisible from the street from either direction on the North Road. - Everything will be located inside the building. It won' t .be a retail store. It won' t be a gasoline station as I said earlier. (c) : All service or repair of motor vehicles other than such minor servicing as change of tires or sale of gasoline or oil- shall be conducted in a building. Again everything will be conducted in a building. And as far as the residents of Southold are concerned, the public including myself driving on the North Road--they won' t see it. It' ll be a very pretty storefront and Peter Luhrs intends making it an actually attractive building, and will have all the work take place inside the building and any parking being done behind. There are also requirements (d) , (e) , (f) , and several others, which pertain only to gasoline stations. They have to do with the storage of gasoline and flammable oils, gasoline-fuel pumps, motor vehicle sales, et cetera, et cetera, and they don' t apply to this application here. So just based on that, Peter Luhrs' application does apply, I think, in all respects to the requirements of the code for a Special Exception for a service. station. Again, before the board, that' s you, can give approval for a Special Exception, the board shall determine: (a) that the use will not prevent the -orderly and reasonable use of adjacent properties or properties in adjacent-use districts. . . the only adjacent actual use right now, the adjacent property of Mr. Hufe on the west, Mr. and Mrs. Hufe on the west. To* .the immediate north is the new Suffolk County drainage sump and immediately to the east is vacant land, relatively narrow vacant land. The use of the adjacent properties wouldn't,_-.be affected at all by the addition of this building, and it might even enhance the use. Of course, the sump in the back has not bearing at all. " . . .That the use will not prevent the orderly and reasonable use of. permitted or legally established uses in the district where the proposed use is to be located. " The use established now in the Hufe building- is the Daval Party Tents and I don' t know--there are some other rental uses in the building. The location of the public garage, Peter Luhrs' garage, won't have any adverse effects on that. There It , Southold Town Board c appeals -18- August 31, 983 Regular Meeting (Appeal No. 3161 - PETER LUHRS, continued: ) MR. HALL continued: will be shrubs screening most of the area from any adjacent uses. Again the sump is in the back so there is no real use there, and to the east is a vacant piece of land which is zoned "B-1" also, "General Business, " and could be set up for any business--there wouldn't be a conflict of anything. The most important factor I think is (c) , that the safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use. My own opinion is that the proposed location for this garage is ideal for two considerations. One is that it is close enough to the heart of the Hamlet of Southold to be convenient for all of us who need our cars repaired. It' s far enough away, located up- .on the North Road, adjacent to and nearby other service-type buildings--it ' s far away from the town--the heart of the town, the central business part of Southold Hamlet so they won' t cause any inconvenience, or,--odors or anything - for any residential areas nearby; With regard to the safety, the proposed garages on the stretch of the North Road, which is very level and very- straight for a pretty good distance, there should be no traffic difficulties whatsoever in that--inasmuch that it' s not a ,gas station and there will not be a lot of in and out traffic--maybe Mr. Luhrs will "repair two, three, four, five, six, seven, eight or as much as ten 'cars a day--there' s still very little ingress and egress coming in and- out of the North Road. The fourth factor in the zoning code that the use will be in harmony with and promote the general purpose and intent of the chapter. Specifically with regard to public garages and gas sta- tions, the purpose of the code of course is to protect the public and the public. being the population of the Town of Southold. There' s a lot of bad potential especially for gasoline stations- in terms of dripping into the ground with gasoline, .�.in terms of fire hazard, explosion hazard, storage, et cetera. None of those should apply here at all. It' s strictly a service station as I've repeated. The positive aspects of the garage which I would like to st'ate,:--is that it is needed in the Town of Southold. Right now in the Hamlet, the only two garages that I 'm aware of doing service are Wheeler' s up-'on`­'the: :North Road and Mullen' s up �on the Main Road. About two months I went to have work done at. Mullen' s and I had to make an appointment almost two weeks in advance because they' re so backed up. I can speak personally for Mr. Luhrs' integrity as a mechanic. It' s good. That' s not relevant here but he is a local businessman. The bays will not face on the street. It will all be in the - rear. It' ll keep an attractive building at all times and won't let Southold Town' Board o: ppeals -19- August 31, )83 Regular Meeting (Appeal No. 3161 - PETER LUHRS, continued: ) MR. HALL continued: it become anything less than that. And that' s all I have to say. Does anyone have any questions? MR. CHAIRMAN : I was wondering, Mr.. Hall, why you placed the building so far toward the west property line in front of the building within the immediate boundaries of . the property. MR. HALL: Peter, is there any reason for that? PETER LUHRS: Yes. I thought that if I should do well, later on maybe I could put another bay on in the back, add. on to the side and I could still have the sideyard footage. MR. CHAIRMAN: The Planning Board didn' t require you to put it in this area? MR. LUHRS : No. No. I just felt i:f ..I were to centralize it, I would kind of blocked myself in. MR. CHAIRMAN;:1, You .wer'e:..going:,.to`:say, Mr. Hall? MR. HALL: I was just going. to say if the Planning Board were to require it in a different location it could be moved. There' s no building there yet. It' s just a sketch. Are there any other q_ue°stion s? MR. CHAIRMAN: Let' s see what develops, all right? Thank you. Would anybody else like to speak in behalf of this application? MR. ALBERTSON: For or against? MR. CHAIRMAN: For. Would anybody like to speak against the application? Sir? JUNE ALBERTSON:. I just don' t seem to understand why we' re even going for a rezoning--seeing how the piece of property. was sold and in contract and a check for the contract was in for the same identical price as these people have come in with after the contracts had been sent out, and didn' t require any rezoning at all, and it was going to be brought in to the same piece . of property as Mr. Hufe, so it would cut down on the size--would add to the size of the property. I just don' t understand why we' re even here to rezone it because the man had put up his',..check, was in contract, and all of a sudden we get a letter two days after we were told it 'was taken off the market, that they didn't want to sell it. And two days later we get a request for a rezoning. I just don' t understand why we're rezoning it. MR. CHAIRMAN: It' s not a rezoning, Mr. Albertson. It' s a special exception use. MR. ALBERTSON: That' s right. We didn' t ask for any special use on the other purchase of the property. The property was already . purchased with a three-week period between the time that the contract w Southold Town Board c appeals -20- August 31, 983 Regular Meeting (Appeal No. 3161 - PETER LUHRS, continued: ) was signed and sent in. I don' t understand.. We' re completely baffled as to why the whole thing has .happened. PERSON FROM AUDIENCE: That' s not the board' s problem. MR. ALBERTSON: I don' t know whose problem it is but it' s a pretty big problem. MR. CHAIRMAN: Could you ask that gentleman to come in please. AL KOKE: I was just saying. That' s not the board' s problem who bought it. They' re asking for a. rezoning, right? MR. CHAIRMAN: Could I' .have your name, Sir? MR. KOKE: Al Koke. MR. LESSARD: No, they' re not asking for a rezoning, MR. CHAIRMAN: No, this is not a rezoning, Sir--it' s a special use. MR. KOKE: But these people are crying sour grapes and it doesn' t make any sense why they should be worried about what .check was -in what and everything else. MR.. CHAIRMAN: This has no bearing. MR. KOKE: I 'm sorry. Never mind. MR. CHAIRMAN: Mrs. Hufe? MRS. HUFE: I would just like to question. I don' t fully under- stand all .the rezoning and special exemption. We are the property owners adjacent to this property and from what I do understand this property can be purchased without any rezoning or any special exemp- tion, and why be allowed. I sort of question why the town would downgrade .or change the zoning if there isn' t. a need for it. MR. CHAIRMAN: There isn't any change of zoning. There isn' t any downgrading or upgrading at this particular time. I would. rather address the. question to Mr. Lessard, who is the Executive Administrator. Would you answer that for us, Mr. Lessard? MR. LESSARD, BUILDING DEPT. : The way the code is written, they established certain types of business that you could . set up in a "B Zone, " and they also set---up certain types of business that would be permissible by an Ok from the Appeals Board. That' s the way the law was written and that way you can-' control the type of uses in that area.. and it' s all paperwork actually. But the fact that it was written this way, and they needed an approval from the Board of Appeals to do this type of thing=-that' s the only reason they' re here. We're not changing zones or anything else. c { Southold Town Board c Appeals -21- August 31, 13 Regular Meeting (Appeal No. 3161 — PETER LUHRS, continued: ) MRS. HUFF: But some businesses are in: effect allowed to be up there without having to have special appeals like this, and then there are businesses that have to have special appeals. Is that correct? MR. LESSARD: That' s right. MRS. HUFE: I 'm just questioning the validity or the reasons why you would be concerned with having a business that has to be looked into. MR. LESSARD: Ma' am, it' s. hard for me to explain it to you. I or the building department or the board of appeals don't make these laws. Unfortunately, this goes through the Town Board and in their wisdom they felt that they needed some type control on the businesses and the law was written this way; and as such, all-: we can do is do what the law says. It' s a technical thing. It' s there. MRS. HUFE: As a resident and also as an adjacent property owner, we have a right to question why a. business that does not-- is not listed or automatically qualify it' s being allowed to be constructed when there are businesses that can be there that automatically would be accepted. MR. LESSARD: Yes, you can question that, certainly. Certainly. MRS. HUFE: That' s what we' re doing--questioning it. MR. LESSARD: Ok. I thought you wanted me to explain the law the way it was written. Neither pro nor con. MRS. HUFE: No, I understand and I realize that it' s an import- ant job to have when. there-- MR. HALL: May I speak? MR. CHAIRMAN: Yes. MR. HALL: If it would help to address both the Hufes and the board, I can quote Anderson again because he speaks directly to that question; and I think it would give the board and the neighbors some direction. MR. CHAIRMAN: Ok, go ahead. MRS. HUFE: Excuse me, could you put it into simple terms so that I can understand it. MR. HALL: It' s fairly clear. I 'm just going to. read, but I ' ll read it slowly. Again, from Anderson: " . . .The special permit technique provides a municipality. through its legislative body or Board of Appeals an opportunity to review the plans of the proposed gas station and to estimate the .harm which may result if it is established in the location desired by the applicant. t , Southold Town Board Appeals -22- Augu 31, 1983 Regular Meeting (Appeal No. 3161 - PETER LUHRS, continued: ) MR. HALL continued: The zoning regulations or their application can be considered in relation to a. particular use on a specific site. And if a permit is granted, it can be conditioned so as to protect adjacent land, prevent unnecessary traffic hazard and generally to accommodate the new use to the exact area in which it will be maintained. It should not be concluded, however, that the special permit device gives the issuing authority unlimited authority to deny a permit, issue a permit or provide a custom-made solution for every problem presented by a permit. application. The discretion of a legislative body with power to review gasoline station permits is.-broad but is not unlimited. The power of a Zoning Board of Appeals should pro- cess that permit that is strictly confined by the ordinance. . . . " I think that helps. MR. CHAIRMAN: Can I have further comments from the opposition-- would anybody else like to say something? MR. ALBERTSON: I guess I misunderstand the zoning law. I thought that what we're trying to do in the Town , is to cut down the size of lots, which we would. be doing in this case because the man that owns the property next door would be buying it, and it would be all one piece. There would be nothing on it. He isn't asking for any -- And he had purchased it and we're trying to understand where the discrimination comes in, I guess. And I guess that much would have to go to the State instead of here. We're in the wrong place. MR. CHAIRMAN: To be honest with you, Mr. Albertson, I don' t know--first of all I think it would be out of order for me to question Mr. Hall concerning how and where it came about; and secondly, even more uniquely we have had people come before us that haven't even been contract vendees to property and asked for things when people lived out of State and so on and so forth. I really couldn't address that particular problem tonight and I apologize--but I hope you' ll understand. Is there anybody else that would like to speak in behalf of the application--any rebuttal, Mr. Hall? (None) MR. CHAIRMAN: Any questions from any board members? Just one further comment, Mrs. Hufe, on the special use and this came up when Mr. Hall was reading. If the special use didn't exist, I couldn't ask Mr. Hall a question because he wouldn't be here in front of us--as the question I asked him, and that was, "Why did you plan on putting this station or the proposed structure in the area, ok, that you have proposed to place it" ; and I think the special use is an effective tool in the Town of Southold. It has helped a lot of problems down the line after something has been constructed, particularly between property owners and so on Southold Town Board (__ Appeals -23- August 1983 Regular Meeting. (Appeal No. 3161 - PETER LUHRS, continued: ) MR. CHAIRMAN continued: and so forth. We find it an effective tool, ok? MRS. HUFE: I agree with you--I 'm very glad it' s here. But I have to pick up on some words that you said--you said that the buildings are in effect, two minutes ago, and said he solved a lot of problems. Well this building isn' t there; and we are there next to it and I'm just concerned about the number of garages that will be just a few hundred feet away--there is one that is down the road.- There is one for sale that is directly across the street which I'm sure has no bearing on that here, but as far as we're concerned- adjacent property owners and also town property owners as to the number that will be within close proximity. MR. CHAIRMAN: Thank you. Hearing no further comments from anyone, I ' ll make a motion closing the hearing and reserving deci- sion until later. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3161, .application for PETER LUHRS. Vote of the _Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. PUBLIC. HEARING: Appeal No. 3162. Application for T.J. LUKAS, by R. Ketcham as agent, Box 295, East Marion, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 (C) [3] (a) to erect an off-premises-directional sign upon premises of T.J LUKAS for the Puerto Verde Restaurant at 69700 Main Road, Greenport, NY; County Tax Map Parcel. No., 1000-045-05-002. The Chairman opened the hearing at 8:40 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a building permit application. indicating a proposed 3 ' by 8 ' sign with the writing on it, and I have a copy of the Suffolk County Tax Map indicating this property where it is to be erected. Is there anyone wishing to speak in behalf of this application? ROBERT KETCHAM: I 'm the agent for the Puerto Verde Restaurant. MR. CHAIRMAN: How far off the road would it be placed, Mr. Ketcham? Southold Town Board of Appeals -24- August 31, 1983 Regular Meeting (Appeal No. 3162 - T.J. LUKAS, continued: ) MR. KETCHAM: It would be five feet from the edge of the road-- whatever the law is it will be. MR. CHAIRMAN: Will. it be a lighted sign? MR. KETCHAM: No. MR. CHAIRMAN: Will it have iridescent lettering? MR. KETCHAM: No. Just plain printed letters. It won' t actually show up at night time. MR. CHAIRMAN: Ok. Thank you very much. Is there anyone that would like to speak against this application? (No one) . Any ques- tions from any board members? (None) . Hearing no further questions, I ' ll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3162, application for T.J. LUKAS. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. TEMPORARY RECESS: On motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to recess temporarily for five minutes, at which time the Regular Meeting would be reconvened. The recess took place from 8 :44 p.m. till 8 :51 p.m. . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. RECONVENED MEETING: At 8 : 51 p.m. , the board members returned and motion was made by Mr. Grigonis, seconded by Mr. Doyen, to reconvene the Regular Meeting at this time. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. Southold Town Board c_ _appeals -25- August 31, 83 Regular Meeting PUBLIC HEARING: Appeal. No. 3110 . Application of the CUTCHOGUE FREE LIBRARY, Main Road, Box 935, Cutchogue, NY for. a Variance to the Zoning Ordinance, .Article VII, Section, 10.0-71, Bulk Schedule, �for permission to construct addition with insufficient rear and side yard setbacks, and small addition reducing the frontyard setback, at pre- mises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022 and part of 023. :..The. Chairman opened the hearing at 8 :51 o'-clock p.m. and read the legal notice of hearing in its entirety and the sub- ject application. MR. CHAIRMAN: We have a copy of the plans and a survey-sketch . indicating . the placement of the building and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Peters., would you like to be heard in behalf of this application? WILLIAM PETERS: I have a one-sheet piece of carbon paper here which is the architect' s rendering of what the building will look like when it' s completed. The upper portion of the architect' s rendering, the lower portion is an outline of an existing building and the exten- sion and the walkway and the old and the new setbacks that we have, or will have. _ A library is. .a rather unique building in that it can only have one public entrance or control. The person who sits behind the circulation desk and checks out the books has to have full view of the entire library, and also has to be able to view the door so that people don't sneak out with books. This piece of property and this library is such that we will have patrons entering from the street side and we'll also have pat- rons entering from the parking lot. This would normally save, say you have a front entrance and you have a .rear entrance--we can ' t have two entrances because this is a library, but we could if we doubled the staff. . We would then have to have a check-out desk in the front and a check-out desk in. the back. MR. CHAIRMAN: Let me put this up while you' re speaking and maybe everybody can get a better view of what we' re dealing with here. (The Chairman placed the architect' s drawing on the wall for viewing. ) MR. PETERS : Well, let me talk from this then. The hatch mark is the existing building, with an entrance at this point. What we would like to do is add an extension to the rear. .to increase the size of the library and then have a covered walkway running along side this building so that we really have a front entrance into the walk- way and a rear entrance into the walkway. This is the parking lot. And this is the street. This would be the entrance into the library itself, with. the circulation desk looking in front, at the front door of the library. The parking we have is p.r.eser_tly ileased from Mr. Lark, and we have an option to buy, and we are presently going through Southold Town Board o ppeals -26- August 31, 33 Regular Meeting (Appeal No. 3110 - CUTCHOGUE FREE LIBRARY, continued:) MR. PETERS continued: the minor- subdivision necessary to purchase this land from Mr. Lark. We have architects working on the construction drawings for this particular library. The setback on.. the sideyard--oh, incidentally, we also have a common driveway with Mr. Lark which runs along side the building. We are purchasing the triangular piece of property from Mr. Lark so that he owns half the driveway and we own half. .the driveway. And we each have an easement so we each can use the driveway. The reduction in sideyard. i.s required so we can have this covered walk.. We could probably do .without the covered walk and just have an entrance in. the side here, but this then presents us with the problem of keeping the pedestrian traffic off the driveway and keeping the car traffic off the pedestrian walk. We feel the best way of doing this is to have an actual covered walkway and there will be a fence along this walkway so - you cannot go from the driveway into the covered walk. The only entrance . to the covered walk is from the front of the building or from the rear of the building. The reduction in' the frontyard setback is desired because we have to. have an opening that looks like a building. opening. If we just have a single simple shed-type structure having a covered walk, it just doesn' t appeal aesthetically. I think that' s showing up very well. in the architect' s rendering where you have a wide opening in the front. It reduces the frontyard setback, I think from 19 . 3 feet something to , the area: of 15 feet. The sideyard setback since we 're buying this triangular piece of property, reduces from 7. 8 feet in the front, 7. 4 feet and in the rear it reduces .the sideyard setback from 7. 8 feet to 1. 8 feet. That' s our story.. We have discussed this with our-- To the rear we have a Board of Education building, a school. On our one side here, we have property that was just sold and may become a restaurant or something- like that. On the other side we have Mr. Lark. And we've had meetings with Mr. Lark and he concurs and he concurs in writing that what we are doing is acceptable to him. MR. ,CHAIRMAN: Is. that presently the case, Mr. Peters, con- cerning the covered walk also? MR. PETERS : Yes. Yes. MR. CHAIRMAN Because I have had communications with him in the way of a telephone call. This has been going on for a certain amount time, and he at that particular time was not happy with the covered walk. MR. PETERS: May I ask how long ago this was? Southold Town Board o: ppeals -27- August 31, 33 Regular Meeting (Appeal No. 3110 - CUTCHOGUE FREE LIBRARY, continued: ) MR. PETERS: We have minutes of the meeting we had with Mr. Lark, in which he withdraws his objections. MR.. CHAIRMAN: I don' t know, Mr. Peters, we've had four. applica- tions. MR. LESSARD: The edge of that walk there, is that on the edge of the driveway? MR. PETERS: We own about 1. 8 feet. MR. LESSARD: This is what I was. asking--that walkway--this is considered part of the building, ok? MR. PETERS: That' s correct. MR. LESSARD: So. if you' re going for the variance, let' s go one time and-- MR. PETERS.: That' s what we're .doing. MR. LESSARD : You said 7.. 6 or 7. 5 something-- MR. PETERS: We' re buying .a piece of property--this line right here is the old line. We are buying a triangular piece of property. I think seven feet in the .front and it extends all the way back, so that half of this driveway-.-this is now -- buying. an .additional seven feet here keeps us pretty much with the same setback that� the...build- ing has right now. up front. MR. LESSARD.: Up front, yes. MR. PETERS.: It' s a triangular piece, and the setback reduces to 1. 8 feet back here. Now. one of Mr. Lark' s objections .was _a two-way driveway here. He does. .not want to give up any additional land here for a two-way driveway and was not willing to .sell us the additional land and we said, "A1.1 right. " His objection was the fact that he was concerned that people would be crossing from the driveway onto the covered walk; and we. agreed to that and said we would put a barrier up. And we have a fence as shown here running the entire length of the covered walk. MR.. LESSARD: How,,wide is your driveway, sir?. Would it take two cars presently? MR. PETERS : No, it will not take two cars. And it has never taken two cars. This is the old Justice Court, and at times there were 50, 60 people using this court; and there was a single driveway at that time. MR.":,LESSARD : While I 'm asking you this and I don't mean to interfere with this meeting, the neighbor to the west, of course, and I asked him to speak to .you, but feasibly .if he is.".going to put a restaurant there, maybe we can get an in-and-out condition both for his advantage and yours. . So that if somebody is coming out of the r Southold Town Board o ippeals -28- August 31, 83 Regular Meeting (Appeal No. 3110 - CUTCHOGUE FREE LIBRARY, continued: ) MR. LESSARD continued: parking lot, and two ladies are trying to .turn in and they panick, you know, we can avoid that type of situation. . It was just a thought. MR. PETERS : Well, I think that--I understand what you're _ saying and I 've thought of this also. However, at the time this thought came up the property had not transferred title .yet and he said he was going to get in touch with us? He .has not gotten in touch with me. MR. LESSARD : Well, I talked to him yesterday, so he is looking for .you, ok? I just wanted you to be aware of that. But that might ease some of the conditions. MR. PETERS : If that' s going to muddy this water., I would just assume -not use-- MR. ' LESSARD: If it' s going to be .in your favor or I would not have mentioned it. Ok? MR. PETERS: My concern is that we have a number of applica- tions pending which would give us a fair amount of money if we break ground before the end of the year, and that' s why the grand push here. .MR. CHAIRMAN:. Mr. Peters, can. I ask you a question? Did you have anything further to say concerning this rendering before we continue-- MR. PETERS : I 'm just here to answer the questions, really. MR. CHAIRMAN : Concerning the statement that you eluded to about Mr. Lark not wanting any further reduction on his sideyard. MR. PETERS: He said he did not want to sell us any additional land for a two-way driveway. MR. CHAIRMAN : So we assume that the driveway, as it exists on that plan will not be two-way as it exists. MR. PETERS: Right, it will not. MR. CHAIRMAN: So there will be no way change of the existing driveway as it is right now. MR. PETERS: That' s right. Well, there may be a foot or two in the process of building. MR. CHAIRMAN: You' re not going to force the driveway over closer to his building? MR. PETERS: No. Not at all . In the site plan it shows his shrubbery and we have no intention of moving his shrubbery, although he indicated that as long as we didn' t touch the tree we could do Southold Town Board r Appeals -29- August 31, 83 Regular Meeting (Appeal No, 3110 - CUTCHOGUE FREE LIBRARY, continued: ) MR. PETERS continued: whatever we wanted .with the shrubbery. MR. CHAIRMAN: So we assume that that driveway as it is shown right there is not accurate. MR. PETERS: That' s not accurate. MR. CHAIRMAN: Ok. MR. PETERS: As shown . in the site plan, it is accurate. MR. CHAIRMAN:. We then can also assume that Mr. Lark has no adverse feelings toward the covered walk at this particular time. MR. PETERS : Not that I know of, in fact it' s my impression that he' s in favor of it. Because when we met with him, he did not realize the problems associated with having people--if we only had an entrance in the front, people parking would have:. to walk along the driveway into. the front, and. -if we have an entrance in the back--I 'm talking .single entrance which a library has to have-- but if we had an entrance in the back, people approaching from the street would have to walk in the driveway. In . our conversa- tions with_ him, he realized that that driveway would become a pedestrian walkway if did not go this..way. And I think that' s what has convinced him that this is not -- this is the way to go provided we put up a barrier. so ,that people cannot cross into the covered walkway from the driveway, MR. CHAIRMAN : Do you have any. idea how high the barrier is going to be? MR. PETERS: Whatever will. keep people--if necessary, we 'll run it up to the ceiling, up to the top of the covered walk. I don 't think that' s going to look too well though. MR. LESSARD : Well, on this it indicates about five feet if I know any design. And that' s enough to keep a kid from hopping over. And I think that that' s the main concern is some kid breaking out of there and stepping into a car. So, I think that the way this is designed would solve Mr. Lark' s anxiety personally from what he discussed with me. He was afraid that you would have a pedestrian verses-- MR. .PETERS: Oh, yeah. MR. LESSARD : But that seems to have been eliminated. . MR. PETERS : That' s right. In our original design, we did not have a barrier. It was strictly open. And talking .to .Mr. Lark made us .:see the error of our ways. In fact we had the architect meet with Mr. Lark and came to this resolution of his. concern. MR. CHAIRMAN : Mr. Peters, would you have any objection to this board if they so desire to grant this application placing a Southold Town Board Appeals -30- August 31, - 983 Regular Meeting (Appeal No. 3110 CUTCHOGUE FREE LIBRARY, .continued: ) MR. CHAIRMAN continued: restriction on this that instead of what you refer to as a barrier, a guardrail be placed the length of that -particular covered area? MR. PETER: Fine. MR. CHAIRMAN: Because there is a concern of this board since the driveway is so close--the covered walk is so close to the driveway, that possibly cars could penetrate that barrier. This happened in Rocky Point and killed two students. MR. PETERS! You're right. I agree. I think what we should do is put a bumper-type-- MR. CHAIRMAN : Guard rail. MR. PETERS : All right, we' ll -have a guardrail in addition to the fence or barrier. But that' s a good point. MR. CHAIRMAN: Is. there anybody else in behalf of this applica- tion? (.No one) . Anyone wishing to speak against the application? (No one. ) MR. PETERS: Can we have a rather prompt resolution of this? MR. CHAIRMAN : Hopefully within 10 days. Ok? JANE MINERVA: May. I say just one thing? MR. CHAIRMAN: Certainly. MRS. MINERVA: In the case the board doesn't know, I'm the director of the library and Mr. Lessard' s question as to the rear setback, .what was it, 1 . 8 foot .at the very back point of the .build- ing. That really is no-' longer a driveway. That has at some point along the line become a very, very wide parking lot. MR. PETERS : It' s into the parking lot. MRS. MINERVA: The parking lot starts about two-thirds of the way back so that what- we.' re really not confining ourselves by that back corner of the building. MR. LESSARD: No, I understand. I just wanted to make sure that he was. getting the right variance so .that we don' t have to go through another turnout. I understand. You took the: driveway, and each . took .a diamond shape out of' it. MR. PETERS: It turns out that he owns practically the whole driveway, and he wants to be sure that we were equally liable that' s why he sold us-- MR. CHAIRMAN: All right. Any questions from any board .members? (None) . Hearing no .further questions, I' ll make a motion closing the hearing . and reserving decision. Southold Town Board of Appeals -31- August 31, 1983 Regular Meeting (Appeal No. 3110 - CUTCHOGUE FREE LIBRARY, continued: ) MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter .of Appeal No. 3110, application of the CUTCHOGUE FREE LIBRARY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 3109 . Application of CUTCHOGUE FREE LIBRARY, Box 935, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70 (B) [1] (a) for permission to use proposed addition for library use at premises known as 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-22 and part of 23 . The Chairman opened the hearing at 9 :13 p:m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: ' You're on again, Mr. Peters. WILLIAM B. PETERS: Well, you gave us permission to use the existing building as a library at the last meeting. MR. CHAIRMAN: That' s correct. MR. PETERS: With the stipulation that there not be a side entrance in the existing building. I presume that if you grant the variance for the front and sideyard setback reductions, that that will allow us to have an entrance into the library proper on the east side. MR. CHAIRMAN: That' s correct. MR. PETERS: Without that, we' re shot down in flames again. (Jokingly) . MR. CHAIRMAN: I think the audience should be aware of the fact that there are many communications, not only from Mr. Peters and the other nice lady in the audience, but from the surrounding property owners, in particular Mr. Lark, which has been the nature of this discussion tonight and there have been changes of mind during the period of this and hopefully to everybody' s liking, so this is the reason why this is the fourth of the four applica- tions that the Cutchogue Free Library has had before the Zoning Board of Appeals. So we're all getting a little shell-shocked and that' s the reason why. MR. PETERS: . I ' ll have available to you tomorrow copies of the minutes of the meeting signed by myself and Mr. Lark. I thought I had given you a copy. Southold Town Board of Appeals -32- August 31, 1983 Regular Meeting (Appeal No. 3109 - CUTCHOGUE FREE LIBRARY, continued: ) MR. CHAIRMAN: I believe I had a copy in the prior file. I had it. I was refreshing my memory before. Do you anticipate-- what do you anticipate as the total occupancy of this library once the addition is placed? MR. PETERS: I think we plan on -- I think we were required. to have one parking space for each five customers and I think we have seating for--in the adult section we have 4, 8, 12, 16, 17, 19 , 20- 20 people if they were all going to sit here at .once, which meant that we really would have to have four. parking spaces--then we figured a staff of three. So on the average there will be seven parking spaces. Personally if I were going to the library I would just park on the Main Road. I 'm not sure whether I should say that or not. Like I do now. So we anticipate parking requirements as per the code of seven spaces. Since we have an easement to use, Mr. Lark' s piece, just like he has an easement to use our piece-- I think there is parking for a total of 17 cars back there. MR. CHAIRMAN: Is there going to be any change in the exterior walls of the library in any way? The brick that exists now? MR. PETERS: No, that' s staying. In fact this is all brick. This will be -- I'm not sure if it' s going to be all brick or partial brick-partial clapboard, because if you notice we have windows the entire length of this building. We have closed this up which was glass and it' s now going to be brick instead. MR. CHAIRMAN: Thank you very much, Mr. Peters. Is there anybody else that would like to speak in behalf of this applica- tion? Anybody wish to speak against the application? (No one) Hearing no further comments, I ' ll make a motion closing the hearing and reserving decision. . MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3109, application of the CUTCHOGUE FREE LIBRARY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent. ) This resolution was unanimously adopted. Southold Town Board c-- Appeals -33- August 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3163. Application for MARJORIE CLUST (SMITH) , by Patricia L. Blake,, as agent, Box 166, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to re-divide four subdivision lots which have become merged, into two separate half-acre lots located at the west side of Summer Lane and the east side of Cedar Avenue (Lane) , Southold, and more particularly identified as Bayside Terrace Subdivision Map #2034, Subdivision Lots 4, 5, 13 and , 14; County Tax Map Parcels No. 1000-78-09-4, 5, 12, and 13. The Chairman opened the hearing at 9 :19 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a letter from Patricia L. Blake as agent which I will. read for the record. (The Chairman read the letter dated July 29, 1983 in its entirety. ) We have a copy showing the proposed lots and a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Is there anyone wishing to be heard in behalf of this application? MRS. PATRICIA BLAKE: I am the agent,. Mrs. Blake and this is Mrs. Smith and she is .the' owner of three of these ,1/4-acre parcels that were merged into one, and she would like to break the 1/4-acre off so that Mrs. Gadomski can have a half acre and Mrs. Smith will have a half. acre on Cedar which is a ' saleable lot. MR. CHAIRMAN: It' s my understanding that the Planning-Board approved this? MRS. BLAKE• Yes. MR. CHAIRMAN: Ok. I ' ll see if anybody has anything they would like to say. Is there anybody else that would like to speak in behalf of :this application? Anybody like to speak against the application? Any questions from any board members? (None) Hearing no -further questions, I ' ll make a motion approving this as applied for. MEMBER GRIGONIS: Second. (Continued on next page) Southold Town Board Appeals -34- August 31 983 Regular Meeting (Appeal No. 3163 - MARJORIE ,CLUST (SMITH) , continued: ) The board made the following findings and determination: By this appeal, applicant seeks to .enlarge a parcel presently 12, 000 sq. ft. in area (of C. Gadomski) , along Summer Lane, Subdivision Lot #13 , to 24 ,000 sq. ft. in area (combining Subdivision Lots #13 and #14) , and leaving a 24 ,000 sq. ft. in area remaining with Subdivision Lots #4 and #5, presently of the applicant., along Cedar Avenue. Each parcel will have a frontage of 200 feet. Subdivision Lot #13 of C. Gadomski is improved with a one-family dwelling. By resolution adopted by the Southold Town Planning. Board on July 25, 1983, the subject re-division of land was approved with the understanding that Lot #14 shall. not be considered a separate :building parcel, but rather combined with Lot #13 as one parcel. It is noted for the record that Subdivision Lot #14 has been referred to as Lot #12 (in error) in the sub.ject applications. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no substantial detriment to adjoining properties will .be created; (3) that no adverse effects will be produced on available governmental. facilities of any increased population; (4) that the relief requested will. be in harmony with and promote the general purposes of zoning; (5) that the circumstances herein are unique.; and (6) that the interests of justice will be served by allowing the variance, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3163, application for MARJORIE CLUST (SMITH) , by Patricia L. Blake as agent, BE AND HEREBY IS APPROVED AS APPLIED. Location of Properties: Bayside Terrace Subdivision Map #2034, Subdivision Lots 4 and #5, and Lots #13 and #14 ; also identified as County Tax Map Parcels No. 1000-78-09-004 and 005, and 1000-78-09- 012 and #013, respectively. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass... (Member Sawicki was absent. ) This resolution was unanimously adopted. Southold Town Board of Appeals -35- August 31, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3165. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY by-E.J. Boyd V, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage build- ing in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009 . The Chairman opened the hearing at 9: 22 p.m. and read the. legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated April 9 , 1925 and indicating the existing buildings and dwelling, and the area where the proposed garage would be placed. I also have a copy of the details of the garage and building plan at 22 ' by 361 . It appears it is to be a three-car garage with an entrance toward the south property line--the structure appears to be approximately four feet from the--what appears to be the west property line? MR. EDWARD BOYD V: South. It pretty strang down there. It' s 40° off. MR. CHAIRMAN: Yes. I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Boyd, would you like to be heard in behalf of this application? EDWARD J. BOYD V: I would. I would first like to thank you gentlemen for putting my application on this evening. I 'm very anxious to get going in this matter. It came as sort of a surprise to us that we would need the variance. Here we are, and I would be happy to answer any questions that you might have about this application. I believe it speaks fairly well for itself. MR. CHAIRMAN: The existing structures on the property-- MR. BOYD: Yes, sir. MR. CHAIRMAN: You have another garage that appears to be in back of the main house and there' s a building adjacent to that. MR. BOYD: That is correct. MR. CHAIRMAN: What is that building? MR. BOYD: I 'm sort of hard pressed to describe what it is. I would say a storage shed, a little area in which to sit and open the three windows and let the breeze come in and read the newspaper. It is totally unimproved beyond that. There is electricity going to it, but I don't know if I would dare turn it on because it has been there for so long. I 'm not sure of the condition of the wires even in that one. It' s really a storage building. MR. CHAIRMAN: So we would then be--if we approved this, Southold Town Board of Appeals -36- August 31, 1983 Regular Meeting (Appeal No. 3165 - EDWARD J. & HAZEL K. BOYD, continued: ) MR. CHAIRMAN continued: be approving the third storage building? MR. BOYD: Exactly. It' s all storage. There's nothing else contemplated at all. As you can see from the plans, it is simply a garage: MR. CHAIRMAN: So you have no objection to the restriction that. it always remain as a storage building. MR. BOYD: None whatsoever. MR. CHAIRMAN: Thank you.. Is there anybody else that would like to be heard in behalf of the application? (No one) MR. CHAIRMAN: Would anybody like to speak against the applica- tion? (No one) MR. CHAIRMAN: Hearing no further comments, I ' ll ask the board members if they have .any questions? (None) MR. CHAIRMAN: Hearing no further questions, I ' ll make a motion approving this as applied for with the restriction, however, that it always remain as a "storage" building. MEMBER DOUGLASS: Second. (Continued on next page) Southold Town Board of appeals -37- August . 31, 1-7c33 Regular Meeting (Appeal No. 3165 - EDWARD J. AND HAZEL. K. BOYD,. continued: ) The board made the following findings and determination: By this appeal, applicants seek to construct a. 22 ' by 36 ' accessory garage to be located approximately 230 ' from Robinson Road and in the .frontyard area. Existing' on the premises is a one-family dwelling house and two accessory buildings also located in the frontyard area. The premises has frontage along Robinson Road of 154 feet and an average depth of 573 feet. The rear property line fronts Southold Bay approxi- mately 150 feet. The board agrees with the reasoning of applicants and find the area for the location of this accessory building to be the most practical under the circumstances. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no substantial. detri- ment to adjoining properties will be created; (3) that no adverse effects will be. produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief. requested will be in harmony with and promote the general purposes .of zoning, and. (6) that the interests of justice will be served by allowing the variance, as applied. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3165, application for EDWARD J. and HAZEL K. BOYD, for permission to construct 22 ' by 36 ' acc.essory building in the frontyard area, BE AND HEREBY IS APPROVED, PROVIDED THAT IT BE USED ONLY FOR STORAGE PURPOSES (never as habitable/living area) . Location of Property: 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. .Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent. ) This resolution was unanimously. adopted. Mr. Boyd again thanked the board for placing the previous matter on tonight' s agenda. 1 t r Southold Town Board of Appeals -38- August 31, 1983 Regular Meeting APPROVAL OF MINUTES: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to approve the minutes of the meetings held July 28, 1983 (Regular Meeting) , and the Regular Meeting of June 23, 1983. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. APPROVAL OF SIGN-RENEWAL REQUESTS: On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to approve the following sign-renewal requests for a period of one year and subject to the Federal Highway Beautifica- tion Act and Funding Laws for Highways, when applicable: Frohnhoefer Electric #1028 Steve Doroski #1029 Russell P. Silleck Agency #1013 Lions Club of Mattituck #1065 Herbert Sanders #1007 SanOSimeon By the Sound #1224 Fleet Lumber #1067 Pawling Views (Greenport Theatre) #1188 Wells Pontiac-Cadillac #1312 Fred Kaelin #1048 Village Marine of Mattituck #1714 Mattituck Inlet Marina and Shipyard #1725 Mattituck Inlet Marina and Shipyard #1321 Mattituck Inlet Marina and Shipyard #1726 Mattituck Inlet Marina and Shipyard #1727. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. BUDGET ESTIMATE FOR 1984 : The board members reviewed and discussed the Chairman' s proposed budget for 1984, and the board members acquiesced. PENDING OTHER APPROVALS: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal. No.. 3169,.. application of MR. AND MRS. RALPH MERRILL, be and hereby is held in abeyance pending receipt of the following: ; Southold Town Board of Appeals -39- August 31, 1983 Regular Meeting • , (PENDING APPROVALS, continued: ) (a) D.E.C. approval concerning this re-separation of property pursuant to State Law; (b) comments, recommendation or approval from the Southold Town Planning Board concerning the proposed layout of this re- separation/division of land. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3170, application for DANIEL SHELLEY, be and hereby is held in abeyance pending receipt of the following: (a) D.E.C. approval concerning this proposed division of land; (b) Planning Board comments, recommendations or approval con- cerning this proposed division of land; (c) map of the entire right-of-way in question showing the . legal and improved width and lengths from Oregon Road to proposed Lot #2; (d) copy of deed indicating the uses of the rights-of-way in question. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. PENDING APPLICATION: Appeal No. 3078 - SADICK & SCHLUSSEL. Proposed division into two substandard lots with existing houses along Eugene' s Creek. The Chairman.' s reply dated August 25, 1983 to the N.Y.S. Department of Environmental Conservation letter dated August 22, 1983 was discussed. It was the request of the board that the amended maps be requested and received before scheduling this matter for the next Regular Meeting of September 29th. The most recent map in our file is dated November 11, 1982. gouthold Town Board of Appeals 740- August 31, 1983 Regular Meeting NEW HEARINGS FOR NEXT REGULAR MEETING: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the following applications be and hereby are scheduled for Public Hearings to be held at the next Regular Meet- ing of this, board, to wit, September 29 , 1983, and that notice of same shall be advertised in the local and official newspapers pursuant to law: Appeal No. 3144 - KATHERINE HEINS Appeal No. 3159- EDWIN W. STEWART Appeal No. 3166 - HIRAM F. MOODY, JR. Appeal No. 3167 - ROBERT J.' DOUGLASS Appeal No. 3168 - JACQUELINE PENNEY Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness]) . This resolution was unanimously adopted. DATE OF NEXT REGULAR MEETING: On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Thursday, September 29; '1983 commencing at 7: 30 p.m. be scheduled as the date and time of the next Regular Meeting of this board to be held at the Southold Town Hall_, Main Road, Southold, NY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ). . _This resolution was unanimously adopted. The board members also tentatively agreed to meet_ on Tuesday, September 13,. 1983 at a Special Meeting of the board. ENVIRONMENTAL DECLARATIONS: On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to declare the following Negative Environmental Declarations pursuant to the N.Y. S. Quality Review Act and Local Law #44-4 of the Town of Southold: Southold Town Board of ppeals -41- August 37 1983 Regular Meeting (environmental Declarations, continued: ) • APPEAL NO. : 3144 PROJECT NAME: KATHERINE HEINS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Re-separate two parcels that have become merged. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: North Side of Main Road, Orient, NY. REASON (.S) . SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project in question is not located in a critical-environmental area. APPEAL NO. : 3159 PROJECT NAME: EDWIN W. STEWART This notice is issued pursuant to Part 617 (and Local Law ##44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental' Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Addition reducing rearyard setback. . LOCATION OF PROJECT : Town of Southold, County of Suffolk, more particularly known as: 20 Carole Road, Southold, NY. REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is bulkheaded the entire length of the property. 1 Southold Town Board o appeals -42- August 3 1983 Regular Meeting .� (Environmental Declarations, continued: ) ' APPEAL NO. : 3167 PROJECT NAME: ROBERT J. DOUGLASS This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of screening of existing junkyard. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Willow Terrace, Orient, NY. REASON (.S) ,SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Project in question is not located in a critical-environmental area. APPEAL NO. : #3168 PROJECT NAME: JACQUELINE PENNEY This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: 270 North Street, Cutchogue, NY. Addition reducing sideyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 270 North Street, Cutchogue, NY; "B-1 Business. " REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Subject premises is not located in a critical-environmental area. Southold Town Board oi- __ppeals -43- August 3_, 1983 Regular Meeting t a (Environmental Declarations, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent [family illness] ) . This resolution was unanimously adopted. Being there was no other business properly coming before the board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at approximately 10 :10 p.m. Respectfully submitted, C-41ina F. Kowalski, Secretary Southold Town Board of Appeals 'ERARD P. GOEHRIggER, CHAIRMAN October 198/ Total: 42 pages (no page 6) .RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DAV,1q14 g P3 HOUR a:Y-6 P M. Town Clerk, Town of uthold