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HomeMy WebLinkAboutZBA-12/27/1979 Southold To wn Board of Appeals ool �p� SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR. SERGE DOYEN,JR. TERRY TUTHILL ROBERTJ.DOUGLASS , Acting Chairman M I N U T E S SOUTHOLD TOWN BOARD OF APPEALS DECEMBER 27 , 1979 A regular meeting of the Southold Town Board of Appeals was held on Thursday, December 27 , 109 at 7 :30 P.M. at the Town Hall,. Main Road, Southold, New- York 11971. Present were: Messrs. Robert J. Douglass; Acting Chairman, Charles Grigonis Jr. , Serge Doyen; -Jr. Absente Terry- Tut:h:ill; -Jr. RECESSED HEARING: Appeal No. 2629. Application of RALPH H. DICKINSON, by Abigail A. Wickham, Esq. , Main Road, Mattituck, New = � York, for a Variance to the .Zoning Ordinance, Article III, Section 100-30 for permission to construct dwelling with insufficient front and side yard setbacks: Location of property: Off_ Peconic Bay Boulevard, Laurel; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. The Acting Chairman reconvened the hearing at 7 : 38 P.M. ABIGAIL WICKHAM, ESQ. : Mr. Chairman, we have still been unable to resolve the question of an agreement with a revised right-of-way with ,the neighbor, Mr. McDowell, and it does not look like we are going to be able to resolve it in the' near fu- ture. So I would like to request that we withdraw the applica- tion without prejudice. I do thank you for your indulgence in carrying it up with us for so long. MR. DOUGLASS: That' s quite all right. I 'm sorry that they couldn 't get. together. It would be much better for everybody. Thank you. MR. McDOWELL: Does that mean when this is re-heard notifi- cation will be sent out? / Southold Town Board of Appeals -2- December 27 , 1979 t MR. DOUGLASS : It will be a new application. MR. McDOWELL: Then all the neighbors will be notified again? MR. DOUGLASS : Right. I will make a motion then that this appeal be withdrawn without prejudice. On motion made by Mr. Douglass, 'seconded by Mr. Doyen, it was RESOLVED, that the matter of RALPH H. DICKINSON, Appeal No. 2629, BE WITHDRAWN WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Douglass , Grigonis , and Doyen. Absent: Messr. Tuthill. RESERVED DECISION: Appeal No. 2609 . Application of ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C . Stankevich, Esq. , Main Road, Southold, New York, for a Variance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties , east by Parr. The Acting, Chairman asked Mr.-,;;-Stankevich if he had further information, possibly an agreement with Mr. Baxter. GEORGE STANKEVICH, ESQ. : I have an affidavit from Frederick F . Meyer, who is a professional planner. In fact he is the planner for the Town of Smithtown, one of the largest planning departments on Long Island. I had him come out and look at the situation, and his affidavit, which I will submit to you, substantiates I think the position of the property owner that we 've gone . the extra route to find a .. way providing access equal or in excess of what we would normally like, and that in not finding that possible, that what is offered, namely the 16-foot right-of-way with two encroach- ments would be adequate access under New York Law. I would like to present that to you. MR. DOUGLASS : Thank you. Now, . after some investigation, have you been in touch with Mr. Baxter ' s attorney or have you been in touch with the Planning Board. MR. STANKEVICH: No, we .were in touch with them the last time we were here and the Planning Board has indicated earlier, has rightfully or wrongfully, I don't know, taken the position that they cannot commit themselves to Mr. Baxter at this time. MR. DOUGLASS: I understand that if you, I think you should go back to them with this, before we make any decision, we still have some time to make this decision. See the Planning Board. I think you' ll find that they will go back behind the barn, if you take and add six foot of yours to that 20 foot and make a 26-foot opening there, if you can get together with Mr. Baxter. I think you will find the Planning Board may very well go along Southold Town Board of Appeals -3- December 27 , 1979 1 c with you. ABIGAIL WICKHAM: In. other words, all the way up for both properties? MR. DOUGLASS : Just to the back of the barn. Then they would cut off back onto theirs. MRS . WICKHAM: There will still be two roads. MR. DOUGLASS : Yeah. Well, if they' ll go with a wider road all the way up, well you. have that there, too. MR. STANKEVICH: In other words, what you 're saying is that you have some indication that they are going to reconsider their position. MR. DOUGLASS : We have a letter . MR: STANKEVICH: Could that be read? It is something new to US. MR. DOUGLASS : "Gentlemen, the Southold Town Planning Board is in receipt of your letter of December 13, 1979 in regard to the right-of-way off Bridge Lane Extension to the property of Murphy and Raeburn. The Board acted at a regular meeting held December 17 , 1979 to deny both options until such time as there is information from Baxter Properties that they are willing to go along with either of these two options , or some other proposal. " Now, you will find them open, I believe, to these. MRS . WICKHAM: I don't remember them taking that view. MR: STANKEVICH: We got a different viewpoint. But you're saying-- MR. DOUGLASS : Well , I officially did get in touch with them. We still have time before we have to make this decision. If we have to make it now, we feel we don't have enough information that we should have. We . haven't exhausted all possibilities. MR. STANKEVICH: When is your next meeting, Sir? MR. DOUGLASS : Our next meeting is the 17th of January. MR. STANKEVICH: You see, there is a-- MR. DOUGLASS : Well , we can't help that. MR. STANKEVICH: I didn't say anything, how do you know- MR. DOUGLASS : I know what you are going to say. MR. STANKEVICH: This deal falls apart January 1. You know, the pumpkin, the coach turns into a pumpkin January 1. Let me ask you this. You could pass this tonight subject to the condition Southold Town Board of Appeals -4- December 27 , 1979 1 that if there be a road on Baxter' s up to the back of the barn, fine, then we can go to the Planning Board and maybe would be able to make the deadline, or come very close to it. MR. DOUGLASS : Well, this is something we will have to take up later when we all go over it and finalize it, and see what we can come up with. We will notify you of that, , but this is some- thing for you to work on. So I am telling you that now so you can., whatever our decision, you will be able to move on it. MR. STANKEVICH: So you are not going to make any decision on it tonight? MR. DOUGLASS : We will have to discuss it afterwards when we get together. JOHN BOKINA: You know, Mr. Douglass, we own the right-of-way, they just have the right to use it. As you go further up towards the Sound, you know that house I don't even know how they got to build that house. To build two more houses they won't have footage. MR. DOUGLASS : Well , we don't have anything to do with the right-of-way on the property. MR. BOKINA: Right, I agree with you. But the right-of-way is going to go this way and this way. And it' s going to combine with the right-of-way that is next to my mother ' s house, whatever. MR. DOUGLASS : No, the only right-of-way that we are talking about right now is the one up to the properties. MR. BOKINA: Then how about the one going across it. MR. DOUGLASS: That is Planning Board business. MR. BOKINA: Well I am telling you, they don't have the frontage. MR. STANKEVICH: So my. suggestion would be to be fair to you and to be fair to the sellers and the buyers, that if you could see your way fit to make your decision tonight, listing all condi- tions including that condition that there be a joint whatever, a 26=foot right-of-way of a road up to the back of the barn, then at least I can go to the bank and say, "Look, you know. It' s done , now we just got to get one more finalization"and maybe they'll hold this mortgage open. I guess as you know the bank rates are going up to 13 , and that ' s a lot of money when you're talking about 100 ' s of thousands . They want that interest, you know. MR. DOUGLASS : We ' ll certainly take all of this into con- sideration. The Board advised the applicants ' representative that a decision would be made at the proper time. Southold Town. Board of Appeals -5- December 27 , 1979 T PUBLIC HEARING: Appeal No. 2650. Application of Y & C HOLD- ING CORP, 142-17 38th Avenue , Flushing, New York (Abigail A. Wickham, Esq. ) for a Variance for approval of access in accordance with Town Law Section 280A. Location of property: Right-of-way on the northerly side of County Road, 27 , Peconic; bounded north by L. I. Sound, west by Troyano and McGunnigle, south by McGunnigle and Ebeling, east by Wicks. The Acting Chairman opened the hearing at 7 :54 P.M. by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers , Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to: Mr. and Mrs . Ebeling, Mr. and Mrs . Peter J.J-. Troyano , Mr. Thomas P. MgGunn.igle, Ms. Florence Wicks; fee paid $15 . 00 . MR. DOUGLASS : I also have a section of the County Tax Map showing this piece of land and the surrounding properties. At this point, is there anything that you have, Abigail , to enter into this? ABIGAIL WICKHAM, ESQ. : Yes , Mr. Chairman. I , since the time that we filed the application, would like to bring your at- tention to a number of things that we have done. First, we did . check with a contractor on .building a road and went down to the property with him. We discussed a �number _ of large trees that are on the boundary between the what ' s now the Wicks Farm and Ebeling ' s property, and I believe the southerly portion of the McGunningle Farm, and in light of not only the cost of removing the trees to put a roadway there ;but, the fact that you would be removing some beautiful old trees , my client would prefer to re-route the right-of-way slightly to the west of those trees along where the farmroad has always existed. Now, you may require us to get a survey showing that and we will undoubtedly from a legal point of view need a written agreement with Mr. Ebeling on that. So we are in the process, I discussed that with him on the phone and I am going to contact him further about that. I would at this point like to submit for your consideration, this is a copy of the deed from the Sledjeski ' s who originally owned this whole farm into Mr. and Mrs . Reichman, who own one of the lots. Now this is not the deed which creates that right-of-way but it does describe it as a 16-1/2-foot right-of-way, one in common with the farm to the east. I 'm having someone in Riverhead at -the County Center look up deeds for the creation of the roadway to establish to you that it is a legal right-of-way, that it appar- ently goes back quite a bit further than we thought, so we have not gotten the deeds yet. This does describe it. Now I indicated on here the present location of the right-of-way except for this portion down here near the Middle Road where we proposed to have it on Mr. Ebeling' s property. So it would come along 15 feet here to the west of the trees and then swing over half and half on Mr. McGunnigle ' s farmland and half on, the Wick' s farmland, up to-- MR. MC B1 IDE: Mr. Chairman? y . Southold Town Board of Appeals -6- December 27 , 1979 MR. DOUGLASS : Just a minute. You will have a turn, sir. . MRS . WICKHAM: Up to the point-- MR. McBRIDE:. , Excuse me, I don't have an objection. I 'd like to see what ' s being described. MR. DOUGLASS: Come on up,, MRS . WICKHAM: Up to the point where we according to the deed swing west onto Mr. McGunnigle ' s farmland to the property itself. MR. McBRIDE: If I may identify myself, Mr. Chairman. MR: DOUGLASS: Yes . MR: McBRIDE:. , I 'm Owen B. McBride; attorney for Florence A. Wicks. I 'm here with their grandson, John Wicks IV. Now if I may, it' s the first time I saw the legend on this survey, and I would like to examine it, Mr. Chairman, to see. if this is suffi- cient for your purposes and identifying this as the right-of-way to be attached to the retained parcel which intended to be improved. There are no metes and bounds on the right-of-way, it ' s merely called a dirt road. MRS . WICKHAM: I believe I just indicated that we would be obtaining a survey. MR. DOUGLASS : They will be getting a survey. We have to have a survey. Did you discuss this with the County Farm Bank thing? MRS. WICKHAM: They purchased the development right-of-way and did not purchase the fee and the farmland, which is subject to the right-of-way according to the deeds . MR. DOUGLASS : In other words , they don 't care where it .goes? MRS . WICKHAM: Well, it would-have to go according to where the deeds require it to go, but their purchase of the development rights would have to have been subject to this because it is of record. MR. McBRIDE_: Excuse me, if I may comment on that, Mr. Chairman. I think that Mrs . Wickham made reference to a deed to a Mr. Reichman, and that deed is signed only by the grantor to the Sledjeski family. There is no commitment in that deed that the predecessor in ownership of the Wick property joined in that. MRS . WICKHAM: I indicated, through the Chairman, that the deed was , not presented to prove the existence of the right-of-way, we are awaiting our title searcher to give us those deeds, and we are giving that to them merely to describe at least at this point. There ' s no question that we 'll have to appear at another ,hearing at some later date. Southold Town Board of Appeals -7- December 27 , 1979 MR. McBRIDE: I 'd like at this point the record to show, Mr. Chairman, that we can show that the predecessor in title, Domeleski, who granted the property to Mr. Wick years ago never joined in in the 16-1/2-foot. right-of-way. This right-of-way is a right-of-way by user, but Mr. Reichman and adjoining neighbor, Mr. Troyano, have had the right to _use for years because of the existence of the right-of-way. There is nothing of record, and nothing legally establishing the 16-1/2-foot right-of-way other than that' s physi- cally existing on the ground. MR. DOUGLASS : May I ask a question. Do either of your know ledge, is this where Troyano and others are coming down, or are they coming down the next farm road? MRS . WICKHAM: They use both this road and this road. I spoke to Mr. Troyano and I know he does use this road. He also uses this road although he ,has no legal right to do so. MR. DOUGLASS : This one is impassable. Have you ridden up there? MRS. WICKHAM: About two or three weeks ago. MR. DOUGLASS : You don't want to go up there with a car that you care about. MRS . WICKHAM: Well , he mentioned his Cadillac has a few problems, but he does drive up and down there. MR. McBRIDE: Basically, Mr. Chairman-- MRS . WICKHAM: Well, of course, it would be subject to, as I have said, we have not -- MR. McBRIDE: Mrs. Wickham, is this that the used road, and I know a portion of it is very difficult down there, has never encroached upon the Wick ' s property except for two minor points on our side of the property. And we went to great expense, over $2 , 000 to have this completely surveyed and monumented. MRS . WICKHAM: Well, I would appreciate it if you would send me copies. MR. McBRIDE : Well , this was either 1973 or 1974 , Mr. Troyano and Mr. Reichman wanted to establish just where it is and that it was their access to continue along the road we monumented, and we did remove two or three ties or posts because we did see that the traveled road as existed over here did encroach over those two or three places. It is certainly not as it is described in the deeds which I am well aware of, was there a 16-1/2-foot common right-of-way on the common border of that property ever legally established. THOMAS McGUNNIGLE: I 'm McGunnigle. My brother and I , we own that. When we bought that from Chen who sold the development rights, we kind of went through this, too, and our deed shows that Southold Town Board of Appeals -8- December 27 , 1979 r that right-of-way is common to the property line , 8-1/2 on each side of the property line, and goes back to a probably that, sir, that you have. It also , in talking to Troyano and he says that the right-of-way always was and from Sledjeski and Domeleski, the original owners of the two parcels, that the lot road that they called the right-of-way eventually went right over the property line, split the property line right in half for the purpose of both farmers using one common road and not having two lot roads going through the same spot, and that they had this road estab- lished for years and years over this property line, and then not too many years ago, it was moved slightly our way. I think probably when you surveyed it or whatever, posts were put In and it made the cars go on one. side or the other and they wound up on our side, but for gobbs of years it has gone right down the center of the right-of-way was the center of the property line, and now it would be terribly hard to find where that road is because people have gotten stuck in it and they go around puddles and all kinds of stuff, but I do believe that Troyano has used the road which was the center of the property line for years and years, and it was very recently that it might just touch the Wicks property, but I think prior to just a few years it was right .down the middle, because Sledjeski and Domeleski set it up originally with that thought in mind. Because it was a common dirt road. STEVEN McGUNNIGLE: That' s the way we bought the farm, with the understanding that the right-of-way was half and half , not on- our side. MR. McBRIDE: I just responded to that. It-' s not quite so. That 16-foot right-of-way for if it did exist at one time alone the common boundary line was not for access to a public road to the rear of the property. It was .for the common use of the two adjoining farms, and it is not ,the recent Mr. McGunnigle that the dirt road was, you know, pushed over. It was never pushed over because stakes were put in. It ,deeded when Mr. Wicks got the property, over 17 years ago and shows the dirt road on this side of the common property line, except for one or two encroacments on the Wicks ' property. THOMAS McGUNNIGLE: I don 't--, I wasn't around 17 years ago to argue that or whatever , it' s just from what Mr. Troyano had said, that they used the road that was preexistent between Sled- jeski and Domeleski, which was naturally the purpose of it being a farm road, not an access road. And that' s the one that they established the right-of-way on because it was already there. And it has been moved off. of that for whatever reason, and a lot of it has moved to our side, and-- MR. McBRIDE: No, you made it appear as though it moved physically because of impediments put in, and that' s not so at all. When Mr. Troyano had bought his property in ' 52 , that dirt road was 950 of his whole length on this side of the common land. It wasn't physically moved because of-- Southold Town Board of Appeals -9- December 27, 1979 r i THOMAS McGUNNIGLE: Well, the right-of-way would still be 16-1/2 feet even if the physical road were 8 feet this side, is that correct? He might have been using only the 8 feet on this side. MR. McBRIDE : Because it' s never been established legally between them. MRS . WICKHAM: I think maybe that' s the question we have, and perhaps we could sit down -- MR. DOUGLASS : Do you have anything in your deed? MR. McGUNNIGLE : Our deed has the right-of-way as the center of the property line. That 's how we bought the farm. That' s in our deeds. It reverts back to a survey, this might even be that, I don 't have the survey with me, but our deed reverts back to a survey that should clearly define it with the bounds in the north- east by so much and all that stuff, clearly defines the - right-of- way as the center of the property line. That ' s how it' s, in our deed. MR. DOUGLASS : The best thing for us to do is, then we will recess this until, will you have time between now and our next meeting in January, or-- MRS . WICKHAM: I think maybe we better not. MR. DOUGLASS : We could leave it as an open recess until you tell us when to put it back on the agenda. MRS . WICKHAM: I would like to say one other thing, if I might, it doesn 't pertain to the existence to the right-of-way but as to the type of improvement in question. After speaking to someone about, building a road, it , was felt that rather than a two to three inch layer of bank run that a six-inch layer certainly would-- MR. DOUGLASS : Bank run isn't good. MRS. WICKHAM: I thought bank run was what you require? MR. DOUGLASS : Stone blend. THOMAS McGUNNIGLE: We will have to draft something as to what type of thing goes there too, because there ' s a natural flow of water that sheds off this farm, I believe, onto the Wicks farm through here , which is the natural flow of water and if you build that up six inches, we 're going to. have a lake. And that ' s farmland forever. And if you put something in there that' s going to make a lake out of our ground and we can't permit that. So there has to be some form of flow through the road. MR. DOUGLASS : This is what you people should all get together Southold Town Board of Appeals -10- December 27 , 1979 on, so as I say, we can recess this with no date until you come back and tell us when to put it on the agenda. We ' ll leave it open for a couple of hearings. If you find that you can come back before the January 17th hearing, if you have it resolved-- MR. DOYEN: You can't do that. SECRETARY: You would need an extra meeting adopting a resolution to set this up for hearing. MR. DOUGLASS : ' Yes . - Well , we -can set it on the 17th for the next meeting. You will have to let us know. SECRETARY: I would have to re-advertise it also. MRS. WICKHAM: You will have to re-advertise it, if you don 't set a date? MR. DOUGLASS : Right. We will advertise all recesses that are without date. It ' s our policy. MRS. WICKHAM: Okay. MR. DOUGLASS : Thanks an awful lot. THOMAS McGUNNIGLE: You will notify us? MR. DOUGLASS : It will be advertised in the paper. MR. McGUNNIGLE : Just in the paper. MR. DOUGLASS : - I ' ll make a motion that we recess this hear- ing until we hear from the party involved so we may set a new date. On motion made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the matter of Y & C HOLDING CORP. by Abigail A. Wickham, Esq. , Appeal No. 2650 BE RECESSED without date until the applicant' s representative advises further. Vote of the Board: Ayes : Messrs. Douglass, Grigonis, and., Doyen. Absent : Messr. Tuthill . On motion made by Mr., Grigonis, seconded by Mr. Douglass, it was RESOLVED, to approve the minutes of the December 6 , 1979 meeting of this Board. Vote of the Board: Ayes : Messrs. Douglass, Grigonis, and Doyen. Absent: Messr. Tuthill . Southold Town Board of Appeals -11 December 27 , 1979 r PUBLIC HEARING: Appeal No. 2649 . Application of GUNTER MORCHEL, Main Road, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct fence over four feet high in front yard. Location of property: Nassau Point Amended Map A, Map #156 , Lots 18 and part of 17 ; bounded north by Old Menhaden Road, east by Peconic Bay, south by Case, west by Nassau Point Road. The Acting Chairman opened the hearing at 8 :19 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to: Mr. George Case; fee paid $15 . 00. MR. DOUGLASS : I have a copy of the survey showing the proposed tennis court and fence. Also have a copy of the County Tax Map showing the surrounding properties. Is there anyone wishing to speak for this application? GEORGE CASE: My name is George Case and I have the property to the south of Mr.. Morchel, and I 'm a little confused about the matter of where the fence will be. Is this an application for the tennis court, too? MR. DOUGLASS : Well , that ' s what it is . MR. CASE: Well, it didn't say so, of course, and I have a- MR. DOUGLASS : We have another one. This is for the fence around the tennis court, and he has another one. When he first put in the application, he left out the request for a fence over four feet high. MR. CASE: This is not for the tennis court? MR. DOUGLASS : It' s for the tennis court fence. MR. CASE : Well , I ' ll wait until you get to the tennis court. I think I can dispose of the whole thing at that time. MR. DOUGLASS : All right, sir. That comes right after this one. Is there anybody desiring to speak against this application? (There was no response. ) This being a requirement for a fence over four foot high, I would propose that it be granted, that he be allowed to put up his fence around his tennis court over four feet high. The situation as everybody knows in Nassau Point, I guess, your front is really your back yard because you're on the water, so everything has to go in the frontyard. Anybody that lives on a regular street has a frontyard on the street and a backyard behind the house. Southold Town Board of Appeals -12- December 27 , 1979. After investigation and inspection, the Board finds that the applicant is requesting permission to construct fence over four . feet high for a proposed tennis court. The Board feels the. applicant' s request is reasonable. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hardship created. is unique and would not be shared by all properties alike in the- immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that GUNTER-MORCHEL, in Appeal No. 2649, BE GRANTED permission to construct fence over four feet high, SUB- JECT .TO THE FOLLOWING CONDITION: : (1) Approval and/or recommendations of the Suffolk County Planning Commission pursuant to Section 1332 of. the Suffolk County Charter. Location of property: Nassau Point Road, Nassau Point Amended Map A #156 , Subdivision Lots 18 and part of_ 17 , Cut- chogue, New York. County Tax Map Item No. 1000-111-9-3 . Vote of the Board: Ayes: Messrs . Douglass, Grigonis, and Doyen. -Absent: Messr. Tuthill. PUBLIC HEARING: . Appeal. No. 2651. . Application of GUNTER, MORCHEL., Main Road, Mattituck, New York, for a. Variance to the Zoning Ordinance , Article III,, Section 100-35 for permission to .construct accessory in front yard. Location of property: Nassau Point Amended Map A, Map No. 156 Lots 18 and part of 17 , Cutchogue; bounded north by Old Menhaden Road, east 'by Peconic Bay, south by Case, west by Nassau Point Road. The Acting Chairman opened the hearing at 8 : 23 P.M. by reading the Notice of Hearing. There was no objection to the waiving of, reading the appeal application and relative docu- ments submitted with the application. MR: DOUGLASS : At this time would you like to speak, sir? GEORGE CASE: Yes, I would if I may. Mr. Morchel sent me a notice that he intended to build this tennis court and asked if I had any objection. I communicated with him, both verbally and I sent him a note saying that I had no objection to the tennis court provided that itwould be used only during day- light hours. I would just like to get this recorded because it ' s not in a neighborhood in which we would like to -have flood- lights and excessive noise after dark. Southold ,Town Board of Appeals -13- December 27 , 1979 MR. DOUGLASS : Well, I agreed. Unless he had floodlights I don't think- he would put it there. But. he. was agreeable I take it, right? MR. CASE: He said that he didn't intend to play at night, and I just thought that it should be recorded that he did say that. MR. MORCHEL was, present at the hearing and' did not indicate any objection to the comments. MR. DOUGLASS : Is there anybody else desiring to. speak for this application? (There was no response. ) Is there anybody desiring to speak against -this application? (There was no res- ponse. ) If not, I ' ll make a motion that-the tennis court be approved, with the fence that Mr. Morchel has requested [in Appeal No. 26491 and a notation in our records that,Mr. Morchel has agreed that there will be no floodlights. After investigation and inspection, the Board .finds that the applicant has, requested permission to construct accessory (tennis court) in the frontyard area, Article III , Section 100-35 . The Board agrees with the, reasoning _of the applicant,. and the project. i-f implemented :-as planned is not unreasonable inasmuch as the rearyard area is not sufficient for this project. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or -unnecessary. hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit.of the zoning ordinance. On .motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that GUNTER MORCHEL, in Appeal No. 2651, BE GRANTED permission to construct accessory in front yard, to wit, tennis court, as applied for, .SUBJECT TO THE FOLLOWING CONDITION: (1) Approval and/or recommendations of the. Suffolk County Planning Commission pursuant to Section 1332 of the Suffolk. ; County Charter. Location of property: Nassau Point Road, Nassau Point Amended Map A #156 , Subdivision Lots 18 and part of 17 at Cutchogue, New York. County Tax Map Item No. 1000-111-9-3 . Vote of the Board: Ayes : Messrs. Douglass, Grigonis, and _ Doyen: Absent': -Messy. Tuthill. Southold. Town Board of. Appeals -14- December 27 , 1979 PUBLIC HEARING: Appeal No. 2653 . Application of JAMES REALE (by Peter Stoutenburgh) , Skunk Lane, Cutchogue, New York for a Variance to the Zoning Ordinance, • Article III; Section 100-32 for permission to construct accessory building in side yard. Location of property: 7845 Skunk Lane, Cutchogue; bounded north by Frieman and Cordes, east by Kaller, south by Skunk Lane, west,-by Petrucci. The Acting Chairman opened. the hearing at 8 :29 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication, in the -local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to; Mr. Petrucci, Mrs. Lillian Friemann, Mrs. Olga Cordes, Mr. Kaller; fee paid $15. 00. MR. DOUGLASS : We have a copy of the survey and where the. placement will be of the cesspools, driveway and so on. , Also have a section of the County Tax Map showing this and the surrounding properties. Is there anybody at this time wishing to speak for this application? ANGELO PETRUCCI : I 'm in favor. MR. DOUGLASS : Would you give your name, sir? MR. - PETRUCCI : My name is Angelo Petrucci. I live right next door to Mr. Reale, and in fact I think it's a very good idea for this man to have a building to put his equipment, lawn mower and whatever else he has , paint and- stuff, because he has a very small place to live. And you know, he is going to retire, and I think everybody. is entitled to a shed, you know, to put something inside. I don't. know what' s . the matter with this guy who says he cannot build this. I think maybe you said someone did object? MR. DOUGLASS : Yes, but- he- is only going by the ordinance. He has to turn it down because it definitely states in the ordi- nance that you can't build in a sideyard %without coming before thl's Board. MR. PETRUCCI : Oh, I see. As far as I 'm concerned, . he can come as close to my property as much as he needs. I don 't know, two or three feet? MR. DOUGLASS : They can't come closer than three feet. MR, PETRUCCI : It .•used to be three feet, and it' s still three feet? MR. DOUGLASS : Yes. (Mr. Douglass showed Mr. Petrucci the photographs of the applicant's house and his house. ) MR. PETRUCCI.: Well , I think that it would be all right. Southold Town Board of Appeals -15- December 27 , 1979 MR. DOUGLASS : Ok. Thank you. Is there anyone else wishing to speak for it? PETER STOUTENBURGH: I 'm Peter Stoutenburgh and I 'm the fellow who had the work done, as far as putting in the fuel tank and stuff, and I just wanted to state that we went as far back in the lot as we could considering the fact that there are two pools there already. That ' s one of the reasons the work was started. We had no way of really knowing where the lines and stuff were. MR. PETRUCCI : Oh, I think it' s a beautiful set-up. MR. DOUGLASS : The way you have it drawn here, you won 't protrude past the front of the house. MR. STOUTENBURGH: No. That' s what we hoped to be able to accomplish, but we didn't know there had been a wall there. So we will be no closer than the front of the house for sure. It , should be a couple of feet back. MR. DOUGLASS : Thank you. Is there anybody else wishing to speak for this application? Is there anyone wishing to speak against this application? (There was no response. ) Hearing none, I will accept a motion. After investigation and inspection, the Board finds that the applicant is requesting permission to construct an accessory building in the sideyard area due to the steep slope of the rearyard and location of cesspools. The applicant indicates that the building will not be constructed closer than the front of the dwelling house. The Board agrees with the reasoning of the applicant for the project if implemented as applied for. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Grigonis, seconded by Mr . . Doyen, it was RESOLVED, that JAMES REALE, 7845 Skunk Lane, Cutchogue, New York, by Peter Stoutenburgh as agent, BE GRANTED permission to construct accessory building in .the westerly sideyard area and in accordance with the requirements . of the Southold Town Build- ing Code and provided same not be used for living quarters . Location of property: 7845 Skunk Lane, Cutchogue, New York; bounded north by Frieman and Cordes, east by Kaller , south by Skunk Lane, west by Petrucci. County Tax Map Item No . 1000-104-4-25 . Vote of the Board: Ayes : Messrs. Douglass, Grigonis, and Doyen. Absent: Messr . Tuthill . Southold Town. Board of Appeals -16 December 27 , 1979 PUBLIC HEARING: Appeal No. 265.4 . Application of CHARLES R. . BOCKLET (by Peter Stoutenburgh) , 72 Fourth Street, Garden City, New York, for a Special Exception to the Zoning Ordinance, Article III , Section 100-30A, for permission to establish second residence dwelling on same lot-. Location of property: Robinson Laney Peconic; bounded north by Suskevich, east .by Wood, south by Hog Neck Bay, west by Robinson Lane. The Acting Chairman opened the hearing at 8 ;36 P.M. by reading the application for a special exception, legal notice of hearing and affidavits attesting to its publication in the local and offi- cial newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining prop- erty owners was given to: Mr. Ken McQueen, W. Suskevich, and P.L.. Wood; fee paid $15 . 00. MR. DOUGLASS : I have a survey showing the 1-1/2-story house and the barn, and they are. asking to convert to. caretaker quarters the barn, and showing the lots to the rear that. are under their ownership, and the driveway entrance from Robinson Lane into the Ixoperty. I also have. a section of the County Tax Map showing their pieces and the surrounding neighborhood. This is a subdivision, filed, called "Peconic Bay Oaks. " At this point I will ask if there is anyone desiring to speak for this application? PETER STOUTENBURGH: I would like to say that, during your visit you saw some work had been done on the site that was to replace, a floor which had been in there and had been damaged.-to the point where they were leery of using the first floor . In cor- recting this problem and' starting to work- on the building, Mr. Bocklet thought that he would like to have somebody in there, pretty .:much `as, I have stated there. What the situation is, and they would like if they can get this variance to know that at some time they have two lots to the. north, and the first lot I 'believe will have to be, if they get the variance, somehow included with the original one. What I would like to know is if in fact they do get it, can they at some time regardless of what changes need to- be done to the new residence, can they subdivide and remove that and sell that lot, like the first lot to the north?. As long as -- MR. DOUGLASS: Thank you, that -. MR. . STOUTENBURGH: If that could be done, I think they would want to go ahead with it. I talked with them on- the phone. They could not be present themselves. MR. DOUGLASS : Is there anybody else wishing to speak for this application? Is there anybody wishing to speak against this application? (There was no response. ) After thorough investiga- tion of it, and going out there and checking it all over, why it appears they have sufficient amount of area there to subdivide to allow them to build on. I would make a motion to this effect that they be allowed to build these quarters in ' the barn, care- taker ' s quarters, provided the lot behind this 1. 8-acre piece be included in the 1 . 8 acres so that you have the 80, 000 square feet Southold Town Board of Appeals . -17- December 27 , 1979 that is needed. This would have to be joined and no�rbui.lding be allowed on it. In fact they will still have -one remaining lot which is in an established subdivision of "Peconic Bay .Oaks" to the back. We don't need that-. We heed the one. just behind the one on the waterfront, and to grant this variance why there will be .a requirement that they tie that to the waterfront piece. MR. STOUTENBURGH: Would this motion- that you're making allow them at some other time to remove the status and return it to a garage or an accessory building? In other words, if they are not-- MR. DOUGLASS : That would be upgrading, probably, and they probably-- I can't give you a legal opinion ' on it, but- upgrading is never any problem usually. MR. STOUTENBURGH: . Because they really don 't want to change the status of the neighborhood,. They are just interested in. some- body to look after the place- MR. DOUGLASS : Well, they have to have. 80, 000 square feet in order to have the two dwellings, so they will have to attach that next piece of theirs behind that lot, which measures-- CHARLES GRIGONIS : I was wondering, excuse me, Bob, if Mr. Stoutenburgh meant that in the future they may want to turn this back- into a garage and build another house on that same lot and use the garage as an accessory building? MR. STOUTENBURGH: Right. Exactly. MR. GRIGONIS : As long as he maintains the 40, 000 square feet for it. MR. DOUGLASS : They would have no problem then. MR. STOUTENBURGH: What they already have is a lot, which I believe is 18 ,600 . MR: DOUGLASS : , Yes, 18 , 000 square. feet, the one in back of it, and they'll have to attach that to the front lot. MR. STOUTENBURGH: Right. They are in definite agreement to do that. What they question is, will they have to subdivide the lot -even if they remove the status ,of that building? They will be able to subdivide with ,two houses since they have more than two acres. Can they remove the status of the garage? MR. DOUGLASS : I don't see why not. Then they will be able to come back to the 40, 000 and 401000. MR, STOUTENBURGH: Could there be a letter written by the Town Attorney what the Town.' s position is? MR. DOUGLASS : Well , we speak to him. That' s for sure. . And so that he can give you an official-- Southold Town Board of Appeals -18- December 27, 1979 MR. STOUTENBURGH: Right. It ' s a rather technical situation that doesn't come up very often, and there doesn 't appear to be any information passed on to the Town as far as the zoning. MR. DOUGLASS : But my motion will let you go ahead provided that next piece back is attached to the front piece, and no further dwelling is allowed on that, those two pieces . MR. STOUTENBURGH: They have no immediate plans. MR. DOUGLASS ; Right. After investigation and inspection, the Board finds that the applicant requests permission to convert the barn on the same premises as the dwelling house into a yearround caretaker ' s home. The applicant has agreed -to include the adjoining parcel, known as Subdivision Lot 1 of "Peconic Bay Oaks;,. with the 1. 8-acre parcel to allow for the 80, 000 square-foot requirement for two dwellings. The Board agrees with the reasoning of the applicant for this project if implemented as applied for herein. The- Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a special exception in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that CHARLES R. BOCKLET, 72 Fourth Street, Garden City, New York 11530 , (by Peter Stoutenburgh as agent) BE GRANTED permission to establish a second residence on the same lot as applied for, SUBJECT TO THE FOLLOWING CONDITIONS : (1) That Subdivision Lot No. 1 of Peconic Bay Oaks" is deemed to be part of the second-dwelling complex and shall not be used for the construction thereon of any further dwellings. (2) That approval and/or recommendations of the Suffolk County Planning Commission be obtained. (3) That the applicant obtain approval of the Site Plan from the Southold Town. Planning Board. Location of property: Robinson Lane, Peconic; bounded north by Suskevich, east by Wood, south by Hog Neck Bay, west by Robin- son Lane. County Tax Map Item No. 1000-98-5-2 and 1000-98-5-3 . Vote_ of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen. Absent: Messr. Tuthill. Southold Town Board of Appeals -19- December 27 , 1979 PUBLIC HEARING: Appeal No. 2652 . Application of JOHN R. DEMPSEYA By North Fork Equities, . Inc. on the account of DIANE GAllA) , North Road, Southold, New York for a Variance to the Zoning Ordinance, Article III , Section 100-30 for permission to obtain Certificate of Occupancy with insufficient frontyard setback. Lo- cation of property: Cedar Beach Road, Southold, New York, known and designated as part. of Lots No. 21, 22, 23 , and 24 on Map- No. 90 of Cedar Beach Park. The Acting Chairman opened the hearing at 8 :55 P.M.and filed are the application for a variance, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was given to : Mr . and Mrs. Robert Gazza; fee paid $15 . 00 . MR. DOUGLASS : This is for a correction on a setback that had been granted last Spring on a piece of land at Cedar Beach, so I will just read the advertisement in the newspapers rather than to go through it all, unless somebody desires that I do. (There was no objection that the reading of the application and relative documents be dispensed with. ) MR. DOUGLASS (continued) : The building is all up. A, survey was run afterwards for the approvals and so on, and the 45-foot • that had been measured turned out that the highway owns: a little more than they thought, and it only comes to 43 ' 3" . So the surveyor has decided that it is only 43 ' 3" between the road and the barn setback. MR. GRIGONIS : That ' s only one corner of the barn. MR. DOUGLASS : Right. Is there anyone wishing to speak for it? Is there anybody wishing to speak against it? (There was no response. ) Hearing none, I 'll accept a motion to approve the 4313" setback so that they can get their Certificate of Occupancy and to rescind those portions of the previous appeal (No . 2591) that was granted and that are inconsistent with this approval . After investigation and inspection, the Board finds that the applicant requests permission to obtain Certificate of Occupancy of a non-farm, barn storage building with an insufficient frontyard setback in one corner of 43 ' 3" . This Board granted a variance under Appeal No. 2591 on September 6 , 1979 approving a 45-foot frontyard setback, and applicant has stated that when the property was surveyed and after the barn had been constructed in compliance with the New York State Department of Environmental Conservation' s requirements for a rearyard setback from the water line of 60 feet, it was found that the frontyard setback was 43 ' 3" and not 45 feet as originally requested. The Board agrees with the reasoning of the applicant. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would Southold. Town. Board of Appeals -20- December 27, 1979 t produce practical difficulties or unnecessary hardship. The Board believes that the granting of this variance will not change the , character of the neighborhood and will observe the spirit of the zoning ordinance. On.motion made by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that JOHN R. , DEMPSEY, on the account of DIANE GAZZA (by North Fork Equities, Inc. , North Road, Southold, New York 11971) , BE GRANTED a variance to the zoning ordinance, Article III , Section 100-30 for permission to obtain Certificate of Occupancy with an insufficient frontyard setback of 43 ' 3" , and that the previous grant of variance in Appeal No. 2591 is hereby rescinded as to those portions thereof that are .inconsistent with this Decision, and that approval and/or recommendations of the Suffolk County Planning Com- mission be obtained. Location of property: Cedar Beach Road, Southold, New York, known and designated as part of Lots No. 21, 22, 23 and 24 on Map No. 90 of Cedar Beach Park. County Tax Map Item No. 1000-91-001- part of lot 3 . Vote of the Board: Ayes : Messrs. Douglass, Grigonis and Doyen. Absent : Messr. Tuthill. RECESSED HEARING: Appeal No. 2587 . Application,-of STEPHEN J. PERRICONE and PENELOPE KOUSOUROS, 7470 Sound Avenue, Mattituck, New York for a Variance to the Zoning Ordinance, Article VI , Section 100-60 for permission to establish disco bar with dancing. Loca- tion of property: Sound Avenue, Mattituck, New York; bounded north by Sound Avenue, east by Sepko, south and west. by Meglio. The Acting Chairman reconvened the hearing at 9 :14 P.M. MR. DOUGLASS : At this time I would like to ask is there any, body who would like to add anything or any- testimony not already given? STEPHEN PERRICONE: No, except, of course, I have the approved parking plan by the Town. MR. DOUGLASS : Right, we should have a copy of that. Mr." Perricone gave the Acting Chairman a copy of the approved parking plan. MR.PERRICONE: And this is the contract of sale, but it has been closed on, and the deed isn't ready yet. We don't have a copy of the deed. And this is another, we left this out, this is more signatures (in favor of the disco) . MR. GLICKMAN: What did the young man just say? Southold Town Board of Appeals -21- December 27 , 1979 MR. DOUGLASS : He just gave us some papers that we had previously asked for, and that was the approval of the Planning Board for the parking area, and a contract of their deed. MR. GLICKMAN: The deed for the disco or the particular building, the complete building? MR. DOUGLASS : The building, the whole grounds. Everything. That ' s what he has presented for our files. Is there anyone else wishing to add more testimony in favor of the disco at this moment? (There was no response. ) If not, I ' ll ask, is there . anybody desiring to add any testimony against the disco? MR. GLICKMAN: Mr. Glickman of Corwin and Glickman in Green- port. I take it for granted that the building will be rehabili- tated in accordance with the code, the building code of the State of New York? MR. DOUGLASS: It ,would have to be, sir. Yes. MR. GLICKMAN: And the amount of people to be allowed in at any one time, would be how many, Mr. Chairman? MR. DOUGLASS : 100 they have requested, and that is well within their limit. MR. GLICKMAN: Is that seating space. Seating for 100? MR. DOUGLASS ; It ' s not all sitting. MR. PERRICONE : It 's sitting and standing. MR. GLICKMAN: And the square foot of table space that would be in a disco would be in accordance with the building code of the State of New York? MR. DOUGLASS : The whole thing has to be built- MR. GLICKMAN: Because we intend to monitor it- very carefully if the Board goes ahead and grants it. And there ' s a one way street that this disco is on, running off the back road, as I may say. And it's a one-way street. The traffic control is, your face is awful funny, young man, when I say it' s a one-way street. MR. PERRICONE: I don't know what one-way street you're talking about. MR. GLICKMAN: Isn't there a one-way street? MR. PERRICONE: Four-lane highway, have you been there? MR— GLICKMAN: Oh, I 've been there. MR. DOUGLASS : Please, address the chair if you want to speak. Southold Town Board of Appeals -22- December 27 , 1979 L MR. GLICKMAN: It comes off a one-way street going east onto 25 . MR. DOUGLASS : It would probably be better if you stated the divided highway. MR. GLICKMAN: The divided highway, all right, have it -your way. But it ' s one way there. There' s a position about traffic that has to be taken care of also. MR. DOUGLASS : Yes , sir , that all has to meet code. MR. GLICKMAN: All of it meets the code? That will be into the variance if it has been granted, if the variance will be granted that it meets code. MR. DOUGLASS: If it is granted, it all has to meet code. In all ways . MR. GLICKMAN: Fire, building, and everything else? MR. DOUGLASS : Yes, sir , we already have a statement from the Mattituck Fire Chief and so on, on it. Yes, sir. Thank you, Mr. Glickman. Yes, ma 'am? DOROTHY PAUS : Dorothy Paus. I want to know how going west they will be able to go into there? You have to cross over, the dual highway is over here. Sound Avenue is on the south side, to go into the- - you have to cross a pavement with grass , curbing. The dual highway ends right before Cox Neck Lane, and to go over to the south side you have to go over the curb with the grass, which they have been going over to get into that place. MR. GLICKMAN: Which is an illegal crossing there. MRS . PAUS : Because it' s run over with the traffic and with myself, a relative put up some fenceand I didn't cross over. We had to go way up west and then come down, because once you pass there then you either take the north or the south. The north is dual , the south goes to Sound Avenue and onto the Main Road. MR. DOUGLASS : I 'm quite aware of what you are talking about. The only answer I could give you on that is that is a matter of the Police Department and how they allow traffic to operate. It'-s not within our jurisdiction. MRS . PAUS : My objection is, you see, I live on that street and it ' s very populated with trucks because they can 't go under the bridge in Laurel, and it' s very populated. We have had dogs killed, you know, because of the traffic. I haven't enough back yard space, that ' s why, you know, we put up the fence. MR. DOUGLASS : Thank you, ma'am. Yes, sir? STANLEY SEPKO: My name is Stanley Sepko. I want to know, is the Board going to allow them to park along that highway, stretch Southold Town Board of Appeals -23- December 27 , 1979 of road, off his own premises? Are cars going to be allowed to park? MR. DOUGLASS : Anything that is built today must have off- street parking.. MR. SEPKO: Must have it? Are they allowed to have it on a County, dual highway. MR. DOUGLASS : It has to be "off-street parking. " ' MR. SEPKO: Oh, off-street. What happens if they put it up and park along that road? MR: DOUGLASS : That' s a matter for the Police Department. MR. SEPKO: I talked to the Police Department. The Police Department told me, I talked to Cataldo, and he told me he can't do anything about it unless the Town Board puts up no-parking signs. Are no-parking signs going to be put up along that highway? He says you would have to approve it. MR. DOUGLASS : That' s up to the Town Board I 'm afraid. MR. SEPKO: I 'm getting a real good answer there. I mean, as far as there is. no violation in other words. MR, DOUGLASS : Sir, it' s not in our jurisdiction. MR. SEPKO: Well, who is liable if there are accidents there. Will the Town Board stay responsible for it? MR. DOUGLASS : We, are here to take testimony, sir. MR. SEPKO: This man has created a hazard over there, with his trucks and trailers and what he ' s rented out, got across that dual highway, and he. busted that center mall. And I ' ll tell you, that is a truck .route �now. They re-routed it from Laurel right down to Mattituck. And trucks travel all the way to the East End. And their trailer trucks zoom in there all hours of the night, mostly between 8 and 10, 11 and 12 o 'clock in the morning. MR. DOUGLASS : Sir, I think you're slightly out of order. This does not pertain to this . You're getting off the field. Is there any further testimony or comments at this time? (There was no response. ) If not, .I 'll make a motion that this hearing is, now closed and reserve decision. You will be notified of our decision in a short time. On motion made by Mr. Douglass, seconded by Mr. . Grigonis, it was RESOLVED, that the matter of STEPHEN J. PERRICONE and PENE- LOPE KOUSOUROS , 7470 Sound Avenue, Mattituck, New York, BE RESERVED ITS DECISION within 45 days of this date. Vote of the Board: Ayes: Messrs. Douglass , Grigonis and_ Doyen. Absent: Messr. Tuthill . Southold Town Board of Appeals -24- December 27 , 197-9 • On motion made by Mr. Douglass , seconded by Mr. Grigonis, it was RESOLVED, that in 'the matter of EMANUEL M. KONTOKOSTA, 26 Court Street, Brooklyn, New York 11201 , by Richard F. Lark, Esq. , Appeal No. 2579 ; this Board has received from the applicant a "Site Development Plan" revised October 24 , 1979 relocating and increasing leaching pools (eight) and providing for handling surface drainage and regrading to minimize runoff entering adja- cent waters, and a completed Environmental Assessment in the Long Form, WHEREAS, this Board as lead agency has received written. comments from the New York State Department of Environmental Conservation indicating that the application of Emanuel M. - Kontokosta for a State Tidal Wetlands Permit and State Pollutant Discharge Elimination System (SPDES) appears to be approvable if the project is implemented as planned in the revised plans, supra, and WHEREAS , this Board as lead agency has received written comments from the Suffolk County Department of Health Services indicating that due to the proposed water supply to be received from the Village of Greenport an on-site water supply will not be necessary, and the proposed septic tank leaching pool system(s) may require the placement of fill to raise the grade in the areas of the sewage disposal facilities and for which the applicant understands this will be required before such approvals, and WHEREAS, the Suffolk County Planning Commission has advised they will not consider this application until after this Board has made its final determination and has submitted copies of all documents pertaining to this matter, NOW, THEREFORE, this Board has determined that by the means of revised plans submitted by the applicant as stated above, the SEQRA declaration of this Board made November 15, 1979 shall be reversed and deemed a Negative Declaration having no significant effect on the environment. Vote of the Board: Ayes : Messrs. Douglass, Grigonis , and- Doyen. Absent: Messr. Tuthill. On motion made by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED, that the matter of EMANUEL M. KONTOKOSTA, Appeal No. 2579 , BE SCHEDULED to reconvene its public hearing on Thurs- day, January 17 , 1980 . Vote of the Board: Ayes : Messrs . Douglass , Grigonis and Doyen. Absent: Messr. Tuthill . Southold Town Board of Appeals -25- December 27 , 1979 On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the next meeting of the Southold Town Board of Appeals be scheduled for Thursday, January 17 , 1980 at 7 : 30 o 'clock P.M. , and that the following applications be advertised for a public hearing at the below specified times for the next meeting: 7 :30 P.M. LARSON, Robert F. , Appeal No. 2658 , for per- mission to keep pony & horse for personal use with less than 40 , 000 square feet devoted to such use on subject premises , and for permis- sion to construct accessory stable in frontyard area. Location of property: Nassau Point Road and Bridge Lane, Cutchogue; Nassau Point Amended Map A, Lots 130 and 129 . 7 :40 P.M. BERG, Sol (by John Bertani Builder Inc . ) , Appeal No. 2659, for permission to construct accessory structure in frontyard area. Location of proper- ty: 'N/s Pine Neck Road, Southold. County Tax Map Item No. 1000-70-6-33 . 7 : 50 P.M. WADDINGTON, Robert Jr. (by Richard F. Lark, Esq. ) Appeal No. 2655., for permission to construct dwelling with insufficient frontyard setback and for approval of access. Location of property: Miami Ave and Sound View Avenue (private street) , Peconic. County Tax Map Item No. 1000-67-6-16 . 8 : 05 P.M. KONTOKOSTA, Emanuel M. (by Richard F. Lark, Esq. ) Appeal No. 2579, for permission to construct 28-unit complex with motel units & coffee shop. Location of property: E/s Shipyard Lane, East Marion. County Tax Map Item No. 1000-38-7- part of Lot 4 . Vote of the Board: Ayes : Messrs. Douglass, Grigonis and Doyen. Absent : Messr. Tuthill . On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that regarding the application of ROBERT F. LARSON, Appeal No. 2658 for permission to keep pony & horse for personal use on dwelling premises with less than 40 , 000 square feet devoted for such use, and for permission to construct accessory stable in frontyard area, Article III, Sections 100-30 and 100-32 , this Board has, after review of the Environmental Assessment Short Form submitted with this application, determined that this project if implemented as planned is classified as a Type II Action not having a significant effect on the environment pursuant to Section 617 .13 Southold Town Board of Appeals -26- December 27, 1979 J Y of the New York State Environmental Quality Review Act and Section 44-4B of the Southold Town Code. Vote of the Board: Ayes: Messrs. Douglass, Grigonis and Doyen. Absent: Messr . Tuthill. On motion made by Mr. Douglass , seconded by Mr. Grigonis, it was RESOLVED, that regarding the application of SOL BERG (by John Bertani Builder Inc. ) , Appeal No. 2659 for permission to construct accessory structure in frontyard area, Article III, Section 100-32 , this Board has, after review of the Environmental Assessment Short. Form and relative documents submitted with this application, determined that this project if implemented as planned is classified as a Type II Action not having a significant effect on , the environment pursuant to Section 617 .13 of the New York State Environmental Quality Review Act and Section 44-4B of the Southold Town Code. Vote of the Board: Ayes : Messrs . Douglass , Grigonis and Doyen. Absent: Messr. Tuthill . On motion made by Mr. Douglass , seconded by Mr. Grigonis, it was RESOLVED, that regarding the application of ROBERT WADDINGTON, JR. (by Richard F. Lark, Esq. , P.O. Box 973 , Cutchogue, New York 11935) Appeal No. 2655 , for permission to construct dwelling with insufficient frontyard setback and for approval of access , Article III, Section 100-31 and New York Town Law Section 280A, this Board has, after review of the Environmental Assessment Short Form and relative documents submitted with this application, determined that this project if implemented as planned is classified as a Type II Action not having a significant effect on the environment pursuant to Section 617 .13 of the New York State Environmental Quality Review Act and Section 44-4B of the Southold Town Code. Vote of the Board: Ayes : Messrs. Douglass,. Gr-igonis and Doyen. Absent: Messr. Tuthill. An informal discussion was. held regarding two appeal appli- cations recently filed with the- Town Clerk, to wit, Appeal Nos. 2656 and 2657 . The Board instructed the secretary to advise the applicant, Fishers Island Development Corp.. by Richard F. Lark, Esq. that it should first apply to the Southold Town Planning Board for its preliminary recommendation and/or final approval of the proposed minor subdivisions before the Board of Appeals could consider these applications. Southold Town Board of Appeals -27- December 27 , 1979 On motion made by Mr. Douglass,, seconded by Mr. Grigonis, it was RESOLVED, that the meeting of this Board be declared closed at 10 : 00 P.M. Vote of the Board: Ayes: Messrs. Douglass , Grigonis and Doyen. Absent: Messr. Tuthill . Respectfully submitted, niCZ'CU� . Mrs. L.F. Kowalski, Secretary APPROVED. ChgIrmo 48@flrdA�pp;®a