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HomeMy WebLinkAboutZBA-02/28/1980 rC LAO C3 T Southold ''Town ''Board of Appeals ' . 4W SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS F3C,1S��1���{ffi�CS N CHARLES GRIGONIS,JR., Chairman SERGE DOYEN,JR. TERRY TUTH ILL ROBERT J.DOUGLASS M_ I. N U_ T E_ S Gerard P. Goehringer FEBRUARY 28 , 1980 A regular meeting of the Southold Town Board of Appeals was held on Thursday, February 28 , 1980 at 7 : 30 o 'clock P.M. at the Town Hall, Main Road, Southold, New York 11971 . Present were: Chairman Charles Grigonis, Jr. ; Member Robert J. Douglass, Member Terry R. Tuthill, Member Serge Doyen, Jr. , Member Gerard P. Goehringer. PUBLIC HEARING: Appeal , No. 2667 . Application of STANLEY- AND- MARTA WIEPZYNSKI, Box 414 ,i West Valley Brook Road, Califon, New Jersey 07830, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient width of two lots to be established within a subdivision. Location of property: 11890 Soundview Avenue, Southold, New York; bounded north by Jen- nings Estate, east by Jennings Estate, south by Hahn, west by Sound View Avenue. County Tax, Map Item No. 1000-054-006-001 . , The Chairman opened the hearing at 7 : 31 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 made; fee'paid $15. 00 . CHAIRMAN: We have a map showing how you plan ,to .set, off one acre, 40, 000 out of it. Is there anything else you- would 'like to add to it. other than what is here. You: would"-'wind up, the way you have, it here, one of the lots would have 144 .55 footage and the other one would have 144 . 56 actually with that little , angle ' ,. in there. MR. WIEPZYNSKI : Right, approximately. CHAIRMAN: Does anyone else have anything to say in favor of this application? (There was no response. ) Does anyone have Southold Town Board of Appeals -2- February 28 , 1980 anything to say against it? (There was no response. ) TERRY TUTHILL: I 'd like to ask a couple of questions. Which piece will your house be on when it ' s divided. MR. WIEPZYNSKI : On the one-acre parcel . MR. TUTHILL: Now the remaining property is pretty much 4 raven of the lowland, isn't it? MR. WIEPZYNSKI : No. MR. TUTHILL: Is it flat? MR. WIEPZYNSKT : It ' s an upward rise on Soundview Avenue. MRS . WIEPZYNSKI : All of it is above Soundview Avenue. MR. TUTHILL: It doesn't drop down low, like some of the lots. in that area? CHAIRMAN: No, that's east of your property, I think, where it drops: to. MR. WIEPZYNSKI: That ' s maybe 700 or 800 feet east-- MAS . WIEPZYNSKI: That ' s the west. MR. TUTHILL: Up closer to Hickory Road, in that area. MR. WIEPZYNSKI : Right. MRS . WIEPZYNSKI : That really goes down low . MR. TUTHILL: Do you plan on selling either one of these? MR,. WIEPZYNSKI : Right now I just wanted it until I decide what I decide to do. MRS . WIEPZYNSKI : We know that we can't maintain the piece as it is , one piece. MR. TUTHILL: In other words , one acre you could rake the leaves on, but- MRS. WIEPZYNSKI : I mean, you know, we live in New Jersey now; we were forced to move due to certain conditions. That' s 175 miles each way., and it takes us close to 4-1/2 hours to get here and back. On the weekend it ' s pretty rough. We get out here on the weekend, we cannot get gas . It ' s pretty bad. Last summer it was very bad, and if we 're going to have it this way, it would be a case of getting there because we have to get back home. Y Southold Town Board of Appeals -3- February 28 , 1980 MR. TUTHILL: I don't think my question was in order. I think it was more of curiousity than anything else. MR. WIEPZYNSKI : That' s quite all right. MR. TUTHILL: In . other words your property will have a lawn and will keep it nice. Because really you don't have to maintain woodland. MRS . WIEPZYNSKI : No. We 've been in Southold now for 30 years, and I think we can maintain that property very well and use it. We are not yearround residents but we maintain the property, as though we were yearround which includes Southold Patrol. CHAIRMAN: Does anybody else on the Board have any questions? 'MR-, . TUTHILL: Mr. Chairman, we 've made the inspection of it, and it doesn't appear to be an unreasonable request. The area is there. It 's just a variation of a few feet on the frontage, which is not going to change the character of the area, and I move that this application for approval of a proposed lot to be divided be approved as to the insufficient frontage. As I understand it, it will have to go to the Planning Board to approve the division. There are three contingencies that will go along with that. CHAIRMAN: If this approved, Planning Board approval for the subdivision. MRS . WIEPZYNSKI : In other words , divide the road frontage in half has to be approved by the Planning Board? CHAIRMAN: Well, the Planning Board can only approve some- thing that ' s perfect, if that subdivision is perfect; if it' s like this, lacks the frontage, they have to get a variance from this Board to make it a legal lot and then they can approve it.. And then any further subdivision, there-_ be _ no further sub- division without the approval of the Board of Appeals and the Planning Board... And. then.. this._ will have to go to Suffolk County for recommendations , too, but that is more or less formality. This is what you' ll have to go through with. After investigation and inspection, the Board . finds that the applicants are requesting approval of insufficient road frontage of two proposed parcels fronting on Sound View Avenue, Southold, New York, 144 . 55 feet and 144 . 56 feet respectively; one proposed parcel containing_, approximately 40, 000 sq. ft. and the other containing approximately 2 . 485 acres. The Board finds that properties in the neighborhood in comparison to the proposed are similar, and such relief would not alter the character of the locality nor decrease residential values in the area. • 4 Southold Town Board of Appeals -4- February 28 , 1980 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 made by Mr. Tuthill , seconded by Mr. Doyen_, it was RESOLVED, that STANLEY and MARTA WIEPZYNSKI , Box 414 , Valley Brook Road, Califon, New Jersey 07830, BE GRANTED a variance to the Zoning Ordinance, , Article III, Section 100-31 approving the insufficient width of two proposed parcels as applied for, SUB- JECT TO THE FOLLOWING CONDITIONS : (1) Subdivision approval from the Southold Town Planning Board; (2) No further subdivision of the subject premises without the prior written approval of the Board of Appeals and the Planning Board of the Town of Southold; (3) - Referral to the Suffolk County Planning Commis- sion, if required. Location of property: 11890 Sound View Avenue, Southold; bounded north by Jennings Estate; east by Jennings Estate; south by Hahn; west by Sound View Avenue. County Tax Map Item No. 1000-054-006-001 . Vote of the Board: Ayes: Messrs. Grigonis , Douglass, Tut- hill and Doyen. Messr. Goehringer abstained. PUBLIC HEARING: Appeal No . 2668 . Application of RALPH H. DICKINSON, c/o Wickham, Wickham & Bressler, P.C. , Box 1424 , Main Road, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct dwelling with an insufficient frontyard setback. Location of property: Right-of-way off Great Peconic Bay Boulevard, Laurel; bounded north by Graham and Hecht east.. by Arthur; south by Great Peconic Bay; west by McDowell . County Tax Map Item No. 1000-128-006-005. The Chairman opened the hearing at 7 :47 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 made; fee paid $15 . 00 . 4 Southold Town Board of Appeals -5- February 28 , 1980 CHAIRMAN: This matter will be recessed until the next meeting, March 20th. We have a letter in the file from the attorney saying that she could not be present and asking that this be postponed. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that the matter of RALPH H. DICKINSON in Appeal No. 2668 be RECESSED until the March 20 , 1980 meeting of this Board. Vote of the Board: Ayes : Messrs . Grigonis, Douglass , Tut- hill and Doyen. Messr. Goehringer abstained. RESERVED DECISION: Appeal No. 2662 . Application of CHARLES R. AND ROSE VAN DUZER, 1200 Parkway, Southold, New York for a. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure exceeding height limitations . Location of property: 1200 Parkway, Southold; Southwood Subdivision Lot No. 7 , Map No. 2141. County Tax Map Item No. 1000-70-10-44 . CHAIRMAN: This matter is from the February 7 , 1980 meeting at which time we reserved decision. TERRY TUTHILL: Did anyone bring in the revised sketch? CHAIRMAN: No. Several of the Board members were out again to see Mr. Van Duzer at his property and found that where Mr. Van Duzer- has asked that the Antenna be placed is the best place, rather than where the Board thought, closer to the residence. After investigation and inspection, the Board finds that the applicants ' request to construct the tower 15 feet from the northerly side and more than 50 feet from the rearyard was not unreasonable. The applicants plan to remove the 45-foot roof antenna, which is unsafe and less secure compared to the antenna tower proposed. 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 made by Mr. Grigonis, seconded by Mr . Douglass, it was Southold Town Board of Appeals -6- February 28 , 1980 RESOLVED, that CHARLES R. AND ROSE VAN DUZER, in Appeal No. 2662 , BE GRANTED a Variance to the Zoning Ordinance for permission to construct antenna tower 50-foot, high, provided that said struc- ture be constructed as applied for and not closer than 15 feet to any side yard line. Location of property: 1200 Parkway, Southold; Southwood Sub- division Lot No. 7 , Map No. 2141. County Tax Map Item No. 1000- 70-10-44 . Vote of the Board : Ayes : Messrs. Grigonis, Douglass, Tuthill and Doyen. Messr. Goehringer ,abstained. RESERVED DECISION: Appeal No. 2661. Application of DAWN . ESTATES SHOPPING CENTER, 14 Dawn Drive, Centereach, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcel to be estab- lished within a proposed subdivision. Location of property: Southeasterly side of Maple Lane, East Marion; bounded northeast by Kaplan and Kavanagh; southeast by Crescent Beach Condominiums, Gucer and Paulison; southwest by Maple Lane; northwest by Kavanagh; County Tax Map Item No.. 1000-35-008-003 ., After investigation and inspection, the Board finds that the applicant is requesting approval . o.f insufficient width of 121 . 69 feet and insufficient area of 18 , 573 square feet of a parcel to be established in a proposed subdivision. The lots in the immedi- ate vicinity of the subject property have much less width, and also are smaller in area than the subject parcel , Nand the Board feels ' by the granting of this application, no change would be made in the character of the neighborhood. However, the subject parcel is in an M-1 Zone, and to permit multiple residences on this small area of land would be inappropriate and unwarranted. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hard- ship 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 made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that DAWN ESTATES SHOPPING CENTER, in Appeal No. 2661, BE GRANTED a Variance to the Zoning Ordinance approving the insufficient width and area as applied for, of a parcel to be established in a proposed subdivision, SUBJECT TO THE FOLLOW- ING CONDITIONS : Southold Town Board of Appeals -7- February 28 , 1980 (1) Approval of the Subdivision by the Southold Town Planning Board; (2) That the existing buildings, and any futtihe proposed structures, on the subject parcel, (known as Lot No. 4) be used only for storage or for conferences . by the pro- posed purchaser, Crescent Beach Condominiums, and shall ' never be used as living quarters or multiple-family, or single-family residence (s) . Location of property: Southeasterly side of Maple Lane, East Marion; bounded northeast by Kaplan and Kavanagh; southeast by Crescent Beach. Condominiums, Gucer and Paulison; southwest by Maple Lane; northwest by Kavanagh. County Tax Map Item No. 1000-35-008-003 . Vote of the Board: Ayes: Messrs. Grigonis, Douglass , Tuthill and Doyen. Messr. Goehringer abstained. On motion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, to approve twenty (20) Special Exception-Sign Renewals for an additional period of one year, SUBJECT TO the Federal Highway Beautification Act and Funding Laws for Highways if applicable. Vote of the Board: Ayes: Messrs . Grigonis., Douglass, Tuthill and Doyen. Messr. Goehringer abstained.. On motion by Mr. Douglass , seconded by Mr. Tuthill, it was RESOLVED, to approve the minutes of the February 7, 1980 meeting of this Board. Vote of the Board: Ayes : Messrs. Grigonis, Douglass, Tuthill and Doyen. Messr. Goehringer abstained. On motion by Mr. Douglass, seconded by Mr. Grigonis , it was RESOLVED., to approve the minutes of the February 25 , 1980 Special Meeting of this Board. Vote of the Board: . Ayes: Messrs. Grigonis , Douglass , Tuthill and Doyen. Messr. Goehringer abstained. Southold Town Board of Appeals -8- February 28 , 1980 PUBLIC HEARING: Appeal No. 2665. Application of MATTITUCK FREE LIBRARY, Main Road, Mattituck., New York for a Variance= to- the zoning Ordinance, Article III, Section 100-30 for permission to construct addition with.an as;.u>fficient, sideyard setback, and for. permission to-waive- off-street-parking requirements, Article XI, Section 100-112-A. Location of property: 13900 Main Road, Mattituck; bounded north by Main Road (S .R. 25) , east .by Sacred Heart Roman Catholic Church, south by Winiaz and Reeve, west by Reeve, and Reeve Lumber & Woodworking Co Inc. County Tax Map Item No. 1000-114-11-2 . The Chairman opened the hearing at 8 : 00 P.M. by reading the application for 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; fee paid $15 . 00. STEVE TSONTAKIS: I 'm Steve Tsontakis and I 'd like to speak for this variance. We don 't have permission to use the church parking lot. There has been tacit agreement that the Church will allow us to use their parking lot, but they will not put it in writing because of the obvious. insurance problems. And a possible infringement on their ownership through eminent domain, so we don't have permission in writing. But the parking at least up till now has never been a problem at the library. Everybody seems to be able to park up front. There hasn' t been any record of any vehicular problems .or pedestrian safety problems since the library was built in that area, therefore, we respect- fully request the Board to grant this variance. Regarding the sideyard, we would have to build a cockeyed building in order to get it on, and it would severely curtail the utility of the exten- sion and be very costly because of the angles we would have to go through to get the building up. So we respectfully request that be granted. And with regard to the Special Exception, the land is agricultural zoned; however, the adjoining neighbors, ,are all public business -- utility now, we 've got a lumber yard to one side and a church on the other side, and adross the street we have a funeral home, so I don 't believe that the character will be changed in any regard, especially since this is only an exten- sion of the existing use of the building which is a libary. We respectfully request that the Special Exception- be granted for this addition. ARTHUR TILLMAN: I 'm President of the Board of Trustees of the Library. There is kind of a hardship here money-wise, too. We tried to raise $100, 000 on our., and we had ,all kinds of stuff, auctions, dances and sales of all kinds, and we were only able to raise $70, 000. So, if we have to put in this parking lot, it' s really going to cut into a limited building budget already. You know, the purpose of this thing was to build a library exten- sion; we didn't anticipate getting involved in big parking lots and things like that. Southold Town Board of Appeals -9- February 28 , 1980 CHAIRMAN: _ Does anyone else have anything to say in favor? FRANK KUJAWSKI : I 'm in favor of it as a member of the Board of Trustees. The library is a very well used library and right now we 're one of the few places where handicapped people in Southold Town, can find a library to use. It ' s a problem though because our space is very limited. We have very little space even for shelves and for storage of books. This is really a minimum, minimum addition just to be able to better utilize what we already have. MR. TUTHILL: Thirty by 40, right? MR. KUJAWSKI : Right. With a basement. ROBERT DOUGLASS: May I ask you gentlemen a question? Don't you use that library quite a bit as a meeting hall, having lectures and different functions in there? MR. KUJAWSKI : We do have talks . They are usually small groups. I would say, maybe 15 , 20 people. Naturally school kids come there periodically. There are in the summer time arts and crafts programs for the kids in the town. But it' s not the kind of thing that really draws the line on progress. You know, being in the middle of Town we find more and more people biking and walking to the library anyway. You know, all the neighborhood kids all pile into a station wagon and are dropped off, and are picked up later. You know, it' s not the kind of thing that draws 20 or 30 cars. MR. TUTHILL: When you mentioned fund-raising activities , I know one of the things that I miss there that I wanted to see was when they could have presented the slides of MAttituck as it used to be. Just give me an idea how many people showed up for some of your lectures , some of your concerts ; you've had the Long Island Brass there, have you not? MR. TILLMAN: I think in the past year that was probably the biggest crowd draw in that it was so unusual, and I think at that maybe we had 100, 125' people. I don't know. I wouldn't expect that that would again be duplicated. MR. KUJAWSKI : I 've done a solar talk there and we had 23 people. The Brass, I don 't know, I think there was around 20 people there. MR. TILLMAN: The highway there, too, for some reason, it' s real wide. I don't know why, it seems to widen out. ANONYMOUS : Why the road is so wide ther-e .I don't know. It is very wide, the skirt and the shoulder part there. MR. TUTHILL: I think that ' s because all of the cars in Southold Town Board of Appeals -10- February 28 , 1980 front of the library and . in front of the funeral parlor have worn all the grass off and it all looks like road. CHAIRMAN: They've made parking lots on both sides. MR. TUTHILL: I meant that seriously. I think it' s. been used, and consequently you don't have long to make the road look narrower. Certainly the concrete isn't any wider than it is 300 feet away. MR. TILLMAN: We don't think with the extension on there there ' s actually going to be any much more usage. You know, mainly for storage and things like that. CHAIRMAN: Is there anyone here to speak against .this? MR. DOUGLASS : If not, I. will make a motion that we reserve decision until we have time to talk it over. MR. TSONTAKIS : Is it necessary to tie the -- we 're running into a little bit of a problem here if you could help us out. . We separated the variance from the Special Exception because we wanted to see if we could go ahead with the plans and bid packages for the extension itself. We 're running a little bit out of time now to do that, and if you could see your way clear of making a decision on the use for an extension separating that from the. Special Exception, from the variance of parking and sideyard that would help us considerably in getting going and getting this thing off dead center where we are today. We would appreciate it. MR. TUTHILL: Well , as a Mattituck resident that knows all of you three people and probably most of the people that belong to this library, of course, I would like to do what would make you smile. I ' ll say this, that I go along with the use part without any problem and I go along with the sideyard setback, no problem. I think parking is the thing we may or may not be able to do. And I don't mean in our discretion. I mean it may be something that we just can't do, where you've got the land even though there are• trees, , and that we may have to spend some time on - because _basically the function of this Board is5 where you've got a land hardship like a raven in the middle of a lot, therefore you let somebody build much closer to the side line. You really don't have any land hardship there. You've got the trees, and unfortunately maybe some of them will have to come down, but I don't think that we can, my personal feeling is .and this what I ' ll express when we discuss this thing-- I just don't believe we can waive the parking. We can set it up so it isn't going to cost you a fortune, but I don't think we can take a piece of the ordinance and just junk it. Whether you're the Mattituck Free Library or Frank Kujawski or John Doe or the Catholic Church or whatever, that is bothering me in doing the Southold Town Board of Appeals -11- February 28 , 1980 job I 'm supposed to do here. And I think probably that ' s what this Board would like to discuss further. CHAIRMAN: Well, you've hit the nail on the head just about in the square, Terry. MR. TUTHILL: I 'd like to make a motion on the use . CHAIRMAN: Well , this is a separate application. MR. TUTHILL: Well , they've been talking on both, so I 'm lost here. I won't make a motion until after he has read the application -- CHAIRMAN: I 'd just like to make this statement, too, that we .are here to grant relief wherever we can, and we like to explore every possibility of doing it, so that ' s why we reserve decision on waiving the parking and we ' ll go right ahead into the application No. 2666. On ,motion by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, to RESERVE DECISION in the matter of the applica- tion for a variance of MATTITUCK FREE LIBRARY, in Appeal No . 266:5. Vote- of the Board: Ayes : Messrs. Grigonis, Tuthill, Doug- lass, Doyen. Messr. Goehringer abstained. PUBLIC HEARING: Appeal No. 2666 . Application of MATTITUCK FREE LIBRARY, Main Road, Mattituck, New York for a Special Excep- tion to the Zoning Ordinance, Article III, Section 100-30B, for permission to use proposed addition for library use. Location of property: 13900 Main Road, Mattituck; bounded north by Main Road (S .R. 25) , east by Sacred Heart Roman Catholic Church, south by Winiaz and Reeve, west by Reeve, and Reeve Lumber and Woodworking Co. Inc. County Tax Map Item No. 1000-114-11-2 . The Chairman opened the hearing and read the application for a Special Exception. The reading of the remaining docu- ments was waived by Mr. Tsontakis, a representative for the Library. CHAIRMAN: Is there anything more you would like to add to this use application? You've probably already said all you wanted to say. MR. TSONTAKIS : Yes. I jumped the gun. (Mr. Tsontakis made statements regarding this application in the previous hearing of Mattituck Free Library in Appeal No. 2665 for a variance.thins date. ) CHAIRMAN: Do any of you have any questions on this, Bob? Southold Town Board of Appeals -12- February 28-, 1980 MR. DOUGLASS : No, no. CHAIRMAN: About the extension, and the sideyard? MR. DOUGLASS : Special Exception? No. Well, the sideyard request is in the one that we recessed, isn't it? CHAIRMAN: No . This is the application for the sideyard. MR. DOUGLASS : This one is on the use of the property. CHAIRMAN: This one is just for the use, right. How do you feel about it, Terry? MR. TUTHILL: I 'm a little confused about which is in what application. MR. TSONTAKIS : We made two applications . One was for a Special Exception on use-- MR. TUTHILL: That' s a separate one . CHAIRMAN: That ' s this one now. MR. TSONTAKIS : That ' s being addressed now. And the previous one was for a Special Exception for two points , one is the parking and the other is the sideyard. MR. TUTHILL: Variance on the sideyard. ' MR. DOUGLASS : That ' s right. Variance for that and the park- ing. The Special Exception is the use of the land in a nonconforming, agricultural area. MR. TUTHILL: This is a nonconforming use. Then without going any further, I move that we approve this application, to approve the continued use as a library with an extension. CHAIRMAN: - Subject to the Site Plan approval . MR. TUTHILL: Subject to Site Plan .approval by the Planning Board, right. After investigation and inspection, the Board finds the following: That the entire parcel of land owned by the applicant, Mattituck Free Library, contains approximately 66 , 000 square feet of land; that the existing building has a floor area of 2830 square feet and the applicant proposes. to construct an addition at the rear of the existing building and in the sideyard area for library use which will have 1200 square feet, thus , the total floor area of the existing and proposed structure will compose 4030 square feet. The Board also finds that the existing and �o:utho.ld .ToWn. Board of Appeals -13- February 28 , 1980 proposed structure is located on the northerly one-third of the lot, and that the entire remaining two-thirds is unoccupied. The Board finds that the applicant has not shown any hardship or difficulty in complying with the parking requirements of the zoning code. The Board does find that by reason of the location of the existing building that a hardship would exist with respect to the proposed addition if the same were required to have a sideyard setback of 50 feet, and for which the applicant has requested approval 'of an insufficient sideyard setback of 30 feet in Appeal No. 2665 . The Board finds that by the granting of this Special Excep- tion the orderly and reasonable use of surrounding properties will not be prevented; that the use granted herein will not adversely affect the safety, health, welfare, comfort and con- venience or the order of the town; and that the use will be in harmony with and promote the general purposes and intent of the zoning ordinance. On ,motion by Mr. Tuthill, seconded by Mr. Douglass , it was RESOLVED, that the MATTITUCK FREE LIBRARY, in Appeal No. 2666 be GRANTED a Special Exception to the Zoning Ordinance for permission to construct an addition to the library for library purposes, SUBJECT TO THE FOLLOWING CONDITIONS : (1) Site Plan and Parking Approval of the Southold Town Planning Board; (2) Referral to the Suffolk County Planning Commis- sion. Location of property: 13900 Main Road, Mattituck; bounded north by Main Road (S .R. 25 , east by Sacred Heart Roman Catholic Church, south by Winiaz and Reeve, west by Reeve and Reeve Lumber and Woodworking Co. Inc. County Tax Map Item No. 1000- 114-11-2 . Vote of the Board: -Ayes: Messrs . Grigonis , Douglass, Tut- hill and Doyen. Messr. Goehringer abstained. Member Terry R. Tuthill left the room briefly at 8 : 35 . PUBLIC HEARING: Appeal No. 2663 . Application of DWIGHT W. WEIST, 160 East 48th Street, New York, New York 10017 (By Rudolph H. Bruer, Esq. ) for a Variance to the Zoning Ordinance Article III, Section 100-32 for permission to construct acces- sory structure in frontyard area. Location of property: Southold Town Board of Appeals -14- February 28 , 1980 Right-of-way off Paradise Point Road, Southold; bounded north by Roseman; east by Southold Bay; south by Callis; west by Krupski. County Tax Map Item No. 1000-81-3-27 . 2 . Member Terry R. Tuthill returned at 8 :38 P.M. The Chairman opened the hearing at 8 : 38 P.M. by reading the application for 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 made; fee paid $15. 00. CHAIRMAN; Does anyone wish to say anything for this applica- tion? RUDOLPH H. BRUER, ESQ. : Rudolph Bruer, Southold, and I 'm here for Mr. Weist. I think the application pretty well speaks for itself, and I think that examination is self-explanatory. Mr. Bruer brought �up a copy of the survey showing the proposal. CHAIRMAN: Yes, we have the same map. The right-of-way is right off here, this is his frontyard, and this is the water down here. Does anyone wish to speak against this? (There was no response. ) MR. TUTHILL: I have no questions. I 'm ready to make a motion. CHAIRMAN: Bob, do you. have anything more to say on the Weiss application? MR. DOUGLASS : No. After investigation and inspection, the Board finds that the applicant is requesting permission to construct a . garage in frontyard area, which -frontyard area covers a very large portion -of-hia parcel due to the location of the access into the parcel. The Board finds that the:circumstances-present in this case are unique, and that__.strict_,:appl.ication of the ordinance..would produce .p`racti6al 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 by Mr. Tuthill, seconded by Mr. Doyen, it was RESOLVED, that DWIGHT W. WEIST in Appeal No. 2663 , BE GRANTED a Variance to the Zoning Ordinance for permission to construct Southold Town Board of Appeals -15- February 28, 1980 garage in frontyard area as applied for herein, SUBJECT TO the :referral _to the Suffolk County Planning Commission pur- suant to Section 1332 of the Suffolk County Charter. Location of property: Right-of-way off Paradise Point Road, Southold; bounded north by Roseman; east by Southold Bay; south by Callis; west by Krupski. County Tax Map Item No. 1000-81-3- 27 .2 Vote of the Board: Ayes: Messrs . Grigonis, Tuthill, Doug- lass and Doyen. Messr. Goehringer abstained. PUBLIC HEARING: Appeal No. 2656 . Application of FISHERS ISLAND DEVELOPMENT CORP. , Fishers Island, New York 06390 , for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of insufficient area, width, frontyard and sideyards of parcels to be established within. a subdivision. Location of property: Fox Lane, Fishers Island, New York; bounded north by Gada; east by Fox Lane; south by .Town of Southold; west by Long Island Sound. County Tax Map Item No. 1000-12-001- part of 001. The Chairman opened the hearing at 8 : 45 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local, official and Fishers Island (The Day) newspapers, Notice of Disapproval from the Build- ing Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15 . 00. CHAIRMAN: Dick, do you have something that you want to add or correct or anything? RICHARD F. LARK, ESQ. : Good evening. When I first got this application f.rom'Mr. Noyes who ' s the President of FIDCO, I tried to talk him out of it, because any property -- the application first of all tells you what ' s proposed to be done, and as I indicated, I tried to talk him out of it because the zoning ordi- nance requires 30, 000 square feet and it requires 150-foot lot width; and I couldn 't understand for the life of me why he would only want to carve of a 10 . 2-acre parcel a lot which is only, as the application said, some 65 by 120 , 7800 square feet, which would be way under the zoning ordinance. And then Mr. Noyes gave me a slight education of Fishers Island, and suggested that I take a look at the property before I pre-judge the application and require more, because it meant really nothing to FIDCO, the applicant, to give more land. But as Mr. Noyes pointed out to me, he said, "This is virtually the only piece of undeveloped business property left on the entire island of Fishers Island" ; and as you gentlemen know having lived here longer than I, and Mr. Doyen living on the Island, it was just by a geographical freak that Fishers Island is a part of New York of the Town of Southold to begin with. Not, the State of Connecticut . But as it turns out I did -Southold Town Board of Appeals -16- February 28 , 1980 some research at Mr. Noyes '�-request and there is , that I can find, I 'm not saying this is the only one, Mr. Doyen can correct me, there is only one other small parcel of land that ' s undeveloped on Fishers Island. that ' s zoned commercial or business; and that' s an acre parcel up across, by the Legion Hall, that' s -owned by I believe Mr. Batuyious in his connection with his construction busi- ness and it' s a vacant piece. Other than that, the only thing of undeveloped property .we have on Fishers Island is this piece. Ok. MR. TUTHILL: The 10 . 2 acres? MR. LARK: The 10 .2 acres owned by FIDCO that's undeveloped business property, that hasn't got something on it that ' s - being used. So, I said well , why not give more. So, then I. saw the topography and saw what Mr. Noyes was getting at, and virtually that 10-2 acres; I. hay.e a little sketch of it, supposedly all the surveys are done by an outfit over in New London and I couldn't get a real accurate survey of it. But this is a sketch of the 10 . 2 acres, roughly, and as I say, Mr. Doyen can correct me, I ' ll just kind of run around it with a pen. Now, out of that 10 . 2-- MR-. DOYEN:, Well, we have these. MR. LARK: Yes, those are tax maps . I 've also got here, which will be a little help v- I. have to have it for the Planning Board, a topography% of the immediate area, which I think will be helpful and sliow what I am talking about. Out of the 10.2 acres, three acres are consumed by the old gunning placements., which curiously , enough is- used by the Town of Southold virtually as gratis. to burn the refuse on the Island, which is considered a necessary thing to service the people, burn their garbage, like we used to do before the regulations got after us in Town. So these old gunning place- ments are used for that as I understand it, and the Town virtually doesn't have to pay for trucking of the garbage and disposing of the garbage. FIDCO virtually lets them use it. MR. DOYEN: You might use this.. I had these pictures taken. That is the gunning placement you're talking about. This is the building and that ' s part of the gunning placement immedi- ately to the rear of the proposed structure. MR. LARK: Which shows on that map---Mr. Douglass has, so that ' s- and here, he ' s got the pictures. Now, about three acres of this 10-acre piece is chewed up that way. You know, used the old gunning placements of the old fort. Four -acres is waste land. It ' s cliffs, marshland, rocky .shoreli.ne, which will-, even though it' s zoned business,; - zoned industrial, it could be zoned any- thing you want. It ' s not going to be used. What you see there today is what you are going ,to see for a long, long time to come because, not only the ecological considerations of the ecology but also the practical.. You can't develop it when it' s rocks, cliffs and marshland. That ' s four acres approximately. Southold Town Board of Appeals -17- February 28 , 1980 MR. DOYEN: There is an elevation also . MR. LARK: Yes, very steep. I don't know. That ' s what I was trying to get from Chandler & Palmer, and I don 't have. MR. DOYEN: Well, generally speaking I agree with you that it' s generally useless. MR. LARK: As for developmental property. Right. Now that leaves about three acres left. As you probably know or don' t know, this end of the Island and going right by the property which is the- sub ect of you on Fox Lane is not only water lined because it ' s served by the water company but also has a sewage line. Now, the government and the health department have gotten after the people on Fishers Island because the sewage is put right out into the ocean or the sound raw. It ' s going to have to be a treatment plant. FIDCO has- agreed to this, but between the Federal , State and the County, they can 't get together whether it should be a secondary treatment or a tertiary, who is going to provide the funding, where it' s going to go, you know, they're in a mess . Again Mr. Doyen can back that. That end of the Island is going to be serviced. It' s all sewered now. That has to be a treatment plant. Now if it goes to a tertiary plant, less acreage is involved. But if it goes to a secondary plant, they tell me there are different systems there. Maybe more acreage is involved. CHAIRMAN; The bigger the area the better• MR. LARK: Oh, is that what the deal is . All right. But FIDCO is in a bind because they don't know exactly the size nor the exact location. FIDCO really did not want to sell any property of this 10.2-acres at all . That was their initial thing, but after Rodriguez who runs this upholstery business which is considered a necessary business on the Island for the people that live there, especially the summer people, he said he longer can continue operating. And I guess virtually the shack that he is operating in now, he was going to have to fold up. He couldn 't do it. He had to have a more modern plant to meet the costs of , what he had to do, his . storage, and appar- ently the building is unsuitable. In fact as part of the deal, he has agreed to knock that building down. ; I think that is a very important consideration to keep in mind; we 're not increas- ing the use of his property. All he is doing is going to knock down his old business and construct a modern one next to it. Now, let me go on. So, another pressure FIDCO has , and Mr. Doyen again can back this up. ' I understand they are down to one grocery store on the Island, and some people feel that this is not healthy, not good for competition obviously. You got total control. And there is some talk of starting up another grocery store on the Island. FIDCO has made available or will make available if it can be worked out, this building across. the street called former army barracks, which I showed you on this - ,Southold Town Board of Appeals -18- February 28 , 1980 exhibit, as a possible grocery store. But not an A & P Supermar- ket. You've got to keep in mind where you're at. You're on Fishers Island. But .another grocery store. Now, if-- MR. DOYEN: This building? MR: LARK: Yes, that building. That' s correct. I remember. Now, if the, grocery store, or a sort of an IGA or something is put in there , there is no parking for that parcel, so FIDCO would make . available because you got to remember, even though they are a private corporation, they have the interest of the Island at heart, not only because of the acreage they control and own, but because they want to see its development. They want to try to protect what is there and keep that way of life there. So, they've agreed that if they did that they would have to provide a parking space. That parking space would come probably where Rodriguez ' building is right now, the immediate building, and south, why? Because it ' s level. You can see on the topographical map I 've given you here how hilly it gets behind. They could put a suitable parking area on Fox Lane there. Now, I can 't tell you that a supermarket is going to go there or a grocery .market is going to go there because as Mr. Noyes said, they might not want this building and they might erect a building over here south of where it ' s at. He says, "I wish the application never came in. I don't want to divide anything here . " But he says, "You've got to keep in mind, we own the only practical piece of property that can be used for any busi- ness expansion and therefore we- don',t want to sell any more than we have to sell to private land owners than any more than they need. " So after I looked at the property and after I went over it with Mr. Noyes., I could see the validity of his request of making an application for a lot 65 by 120 . Because that ' s all Rodriguez needs. You got to keep in mind this does not require parking. This doesn't generate a lot of traffic . This is a custom-type business. CHAIRMAN: Two or three at the most. MR. LARK: Tops. His car ' and maybe one or two customers. Ok: Now, Mr. Noyes or the FIDCO is not concerned if you want to impose any reasonable covenants so we don't create a Mac- Donald ' s or high-use thing out of here. . That is not the intent. I know it' s got water and sewer to it so I 'm not worried about those 100-foot problems I have with the cesspools and the wells. And I 'm not concerned about any .reasonable covenants because Rodriguez wants to buy it for himself. It ' s represented to you that it' s to be continued and to be used as an upholstery business which is a low-volume business as far as traffic , etcetera. It' s mostly custom. He gets the work; picks a lot of it up; delivers it to his shop; repairs it; builds it; do whatever he wants and brings it back. But he no longer can operate in the building that he is in. And as curiously enough when I had the surveys it shocked everybody. Nobody knew that Rodriguez ' building is Southold Town Board of Appeals -19- February 28 , 1980 encroaching into a public road. Because you've got to understand . Fishers -Island. We don't have standard roads over there, and if the whole entire neighborhood on this end of the Island does not have huge auramic properties that conform to today' s- zoning, nor do they have proper setbacks, rearyard, sideyard, frontyard, or whatever. They're right on the street. There is virtually no parking in a lot of them. Now, this building by setting it .back some 25 feet will .allow some proper parking in the front. You got to remember I can't push the building too far back because it starts running uphill , because you can see the gradience there in getting into the gunning placements as you saw in the pictures. So, FIDCO is in kind of a bind, and this is unique. They're trying to accommodate the people of the Island by letting Rod-. riguez survive in our being to operate this particular type of business. They think that' s for the good of the Island, and in order for him to continue, he ' s got this butler-type build- ing, you know, this metal-'type -structure that he wants to put up. Because again, as I thought the application was too small, I wanted a bigger parcel , but when I got over there and saw the primary three reasons that FIDCO had for limiting the size, I thought the application had merit and _that ' s why I presented it the way I have, rather because it would serve no use to make this a 15 , OOO-square-foot parcel, a 12 , 000 or 20 , 000 or a 30; 000. Sure, I could go back,make it 30, 000 and kick the Town out. Then what do we do, burden .all the taxpayers by trucking the garbage off? You know. You see, you get into a revolving situation here. Taking, all the factors into consideration, - and I 'm not going to re-read to you the petition because you've read that, you know what wants to be used, I respectfully move that you seriously consider and grant the application. I ' ll answer any questions you have particularly with Mr. Doyen who knows the property and any of you who have been over there know what I am trying to say. It ' s sort of like a Bermuda-type thing, that everything is really close together, and even though 10 acres looks like a lot of land, it isn't ten acres. Because a lot of it ' s wasteland, plus I got that dog-gone secondary or tertiary treatment plant that ' s going to be built, whether it' s next year or the year after; whatever , they said, "Look, it' s got to go in. " FIDCO has agreed that it will go in; it' s just. a question of how much and what government funding is going to pay for it. CHAIRMAN: In fact, a lot of. this lot can't be used anyway. MR. LARK: No, as ,a practical matter. But we tried to get a reasonable proportion. Because I was troubled by, you know, what it was. L' said why don 't you let Rodriguez stay there as a nonconforming use. Apparently, in our regulations, in order to modernize this building, you know, to tear it down and recreate it, he has to get permits; and there again we are in violation, but what was curiously enough as it turned out to be, it is an encroachment on a public road, so that ' s public knowledge. Up until I had that survey nobody knew that. But, Southold Town. Board of Appeals -20- February 28 , 1980 . again, Fishers Island is unique, it' s different.. I don't think the application should be criticized without knowing all the facts, and what FIDCO, and what I 'm trying to ,stress upon you peo-p.le,,, what .F..IDCO is:, .charged with is the. responsibility for the .proper development of that Island, particularly the western end where the business is because if they can't develop this piece, the Island grows or more modernization, or whatever, there is going to be . pressure to 'develop some of other FIDCO' s land for busa�ess use and they do not want to make any application . on the eastern part of the Island to convert that to any business type of .use, and .if you're familiar with the Island, you know. what I 'm talking about. So therefore they are very zealous. on . how they are going to manage this particular portion of the Island, and as you probably know from the history, or Mr. Doyen should, . would tell you, they bought it from the government because the government was just throwing the whole thing wholesale on the market, and. FIDCO felt the, responsibility and went into the hock- to do it', to' buy up from the government a lot of the .surplus property, so it would not be wantonly and discriminately developed and that is something important to keep in mind. They1ve carried this land for a number, of years of really no benefit for themselves but benefit to the - people of the Island because they felt that the time was,. going to come when they were going- to,.,have to provide for proper services. Right now- they consider thisy and the people. of the Island do, as a proper service to the people, the upholsttery shop. There is going to be pressure. FIDCO feels that enough people want it, another grocery store for competition is going to have to be put over there because it' s not right the situation they have. Plus we have, with the government breathing down their necks, and once the Federal -and, the County and the State get straightened out,. there will be some kind of a treatment plant there. The lines are all in. That' s all done'. But what has to be done, is , the exact size of the plant. MR. DOYEN: I was under the. impression F=hDCO owns that building. MR. LARK: Yes . They do. MR. DOYEN: I thought they did, but I wasn't 1000 sure. MR. TUTHILL: He ..owns those army buildings? MR. LARK: Yes. MR. DOYEN: The whole area looks like that for about 10 acres now. CHAIRMAN: These are the army barracks we are talking about- right next door?(pictures brought by,.,Mr' -- Doyen') MR. LARK: That' s right. Now, whether FIDCO can convert that economically, or tear it down and put,, one across the street, the point is, ,. that they feel that there ' s going to be a need for a ,Southold Town Board of Appeals -21- February 28 , 1980 shopping area up there-and this is a logical place to put it. Those are the reasons for cutting down the-- the price was not the point. Whether he gets 30, 000 or 12 , 000 the price is the same. It ' s not a question of price with them. It ' s a question of giving - him what he needs and for the proper use. Now,. if you want to, as a Board say, "Well , ok, I understand what you're saying, but we think we should put some kinds of restrictions because of the fact that we don 't want a restaurant there, or a lot of traffic business . " I .think it' s perfectly reasonable to limit the property to a personal-service business, which won' t generate a lot of traffic . I don 't think Mr. Doyen would disagree because he knows the operator who is there, he knows what "s going in there, but I know, the guy could die a couple of years from now, and the business might be transferable. You couldn't find a more decent upholsterer. And the other type of personal service which would not generate a lot of traffic, you know, . like I say, FIDCO is the last thing they want as problems here, because as I say, they feel responsible for the development of this and I just wanted you as a Board to know that all you have, 10 . 2 acres and this looks like .a ridiculous request, it ' s not when you consider four acres is chopped up in topography, wasteland, rocks, meadow, .swamp. Three acres are going to go, are used right now chewed up with those gunning placements and used by the Town of Southold by' the way to provide a service especially to the year- round residents of this, you know, refuse. And when you consider. that, I 've. already eliminated seven acres. And they don't know what the government ' s going to take on the treatment plant, so they've only, got about. three acre-s• of - actual development on the ten-acre piece that makes any sense , and that' s what they want to meter out very cautiously, and that' s the thoughts of the corpora- tion and that ' s the reason for the application. ' And until I saw. I wasn't buying it. I said, "I can't understand you have 10 acres, why you don't make it 30, 000 square feet with 150-foot lot width, " until I found out that I was in the middle of a gunning placement, and what do I do with the Town of Southold who is there for a $1 . 00 a year, you know. CHAIRMAN: When you look at something like this. MR. LARK: And another thing , I think it' s important to the Board, I do not think you're creating an unfavorable or a bad precedent for the Town of Southold: (a) you're on Fishers Island, that' s unique in itself, (b) this particular property is the only business property left and' it' s a unique. property. I explained to you the uniqueness of it. And I think the neighborhood is not being destroyed by putting a modern building up there on a small piece of property in relationship to what the other pieces .of property in the neighborhood, which the Board can either see from tFie tax map or the other maps before you, the different construc- tion and so on and so forth, because don 't forget, you back up then on the school and then on the fort, which we 're talking about. I have nothing more to say. I 'll shut up with that. But, I had .to explain that to you because you can't put that in the application what I just said. Because you have to go over there and see it. ,Southold Town Board of Appeals -22- February 28 , 1980 I didn't believe it until I saw it, and I knew some of you have . seen it. He (Mr. Doyen) lives there and he knows what it ' s like. MR: DOYEN: Bob Douglass was over there., MR. DOUGLASS : I was there . MR. LARK: Because it looks on the surface, this is ludicrous with modern standards, but it' s.,not, when you consider where you are. MR. TUTHILL: Well, that' s what struck me first, I said, "What kind of nonsense is this?," MR. LARK: Yeah, until I went and saw it. CHAIRMAN: Well, we would be getting that building out of the road, too . MR. TUTHILL: Well , you're going to do away with your. encroach- ment, are you not? MR. LARK: Oh, yeah, the building, that ' s part of the contract. That goes. Well you saw it-- MR. DOYEN: It ' s ready to fall down, literally. MR. LARK: It' s a shack. I mean, you can't hate a guy for saying, "How do I make a buck on something like that. " MR. TUTHILL: No, but I mean, he is going to move his building? MR. DOYEN: He is going to tear it down. MR. LARK: He is going to tear it down. He ' s going to erect the new one, the slab. MR. DOYEN: The new building starts right here,; So you_re� - doing it as;!-.there' s no-- MR. LARK: They are giving it to him across, that' s another thing. I want to stay out of family. That ' s another matter. This one .gave me a lot of problems, though, really, you know, from the zoning point of view. Well , you've got to see it. . That ' s the thing. I didn't believe it until I saw it. MR. DOYEN: That ' s the gunning placement right here, and that ' s cement there just covered over with dirt. CHAIRMAN: Is there anybody else here for it? Is there anybody against this application? (There was no response. ) MR. DOUGLASS : I 'll make a motion that we reserve decision Southold Town Board of Appeals -23- February 28 , 1980 on it until we can sit down and see what we want to put on there for restrictions. MR. LARK: I suggested a personal-service type business which upholstery is. On motion made by Mx. Douglass , seconded by Mr. Tuthill, it was RESOLVED, to RESERVE DECISION in the matter of the applica- tion of Fishers Island Development Corp. in Appeal No. 2656 . Vote of the Board: Ayes : Messrs. Grigonis, Douglass , Tut- hill and Doyen. Messr. Goehringer abstained. PUBLIC HEARING;. Appeal No. 2657 . Application of FISHERS ISLAND DEVELOPMENT CORP. , Fishers Island, New York 06390, for a Variance to the Zoning Ordinance, Article VII, Section 100-71 Article XIV, Section 100-114 , for approval of insufficient area and width of parcels to be established within a proposed subdivi- sion. Location of property: Greenwood Road, Fishers Island, New York; bounded north by Town of Southold; east by Congrega- tional Christian Churches; south by Greenwood Road; west by Barmacle and Town of Southold. County Tax Map Item No.' 10.00-012--001--013 . The Chairman opened the hearing at 9 :35 P.M. and the read- ing of.the legal notice was waived. The Chairman read the Notice of Disapproval from the Building Inspector and applica- tion for a variance, and stated that on file 'are a letter from the Town Clerk that notification to adjoining property owners has been made and affidavits attesting the.,,ddvertisement in the local and official newspapers. Fee paid $15 . 00. Member Gerard P. Goehringer left the room between 9 :35 & 9 :37 . RICHARD F . LARK, ESQ. : As I explained to you before, FIDCO had purchased this from the government, the old Fort Wright, and found themselves as you see, I just want to check with the maps that you do have, found themselves with four houses now. These houses have been occupied, . it ' s not like it has stayed vacant since they've owned it, in fact, yes, he has pictures of them, can you marry them to the lots? MR. DOYEN: That' s it (photographer of four houses) . You can just look down the row. MR: LARK: Ok. Here you have them and see what they were. I guess, yes , here it is, right down the street. . They were officers ' quarters . MR. TUTHILL: Two family. , .Southold Town Board of Appeals -24- February 28 , 1980 MR. LARK: Some of them. Not all of them. MR. DOYEN: No, one is single. The picture of the single one is there, and the duplex is the same as the other three. MR: LARK: FIDCO has used them; you've heard some other applications last spring. They used them primarily to house their personnel that worked on their golf course and country club on the east end of the Island, as FIDCO used them for housing right through last summer , and then when the Boards had given permission to let FIDCO put these personnel on the golf course property up by the country club and out on the-- for the maintenance personnel , FIDCO had had no use for these. These are all very substantial buildings , so they saw what they could do with them because they just didn' t want them to go vacant or disrepair, and neither does FIDCO want to be a land- lord and be in the landlord business , you know, be in the rental business. So, they put them on the market and they found satisfactory customers for each and every one of them. When they came to me, then said, "Can we sell them?" I said, "You're gonna have to get, really and technically, a subdivision of this even though these houses are there, and they could be considered nonconforming, you can sell them all to one and he could rent them out. " He said, "No , we don 't want to do that. We want to sell them to individual landowners. They'll fix them up between that they are and they will take care of them and they're too substantial to knock down. " So in hence, the application, it was referred to the Planning Board and I think the Planning Board referred something back to you. Now it' s interesting to know, - and Mr. Doyen can comment if you would on it, that what FIDCO did was , when they agreed to sell these since it would be going out of FIDCO' s hand, and again with their responsibility to keep this end, of ,the Island not only looking nice but on the proper development, they got permission from the Ferry District and agreed to do some landscaping which is right to the north as you can see in the application, and so they are going to put in an attractive landscaping all along in here. So if you have the big map, the key map, I don 't know if he shows one on there, here we go, you can then see as you come into the harbor that this will all be an attractive set-up rather than the way it is now. MR. DOYEN: I 'd like to comment. They've already processed to a great extent the landscaping. MR. LARK: They have? Ok, when I was there they had not done the landscaping. It was pointed out where they were going to do the landscaping to make the harbor thing attractive, ok. And that was part of the consideration to induce responsible people to buy these houses, and they're going to be used primarily, let ' s face it as weekend retreats and summer homes and things of that nature. Another thing you ought to keep in mind is right to the east, I guess, north, west people by the name of Barmache had applied a year or so ago, I don't know, you have the application. Southold Town Board of Appeals -25- February 28 , 1980 You allowed them in, -- CHAIRMAN: March of 1979. MR. LARK: March, 1979, to purchase the property and keep it as a two-family situation on virtually the same acreage. I -don' t think you can quivel with the engineer or the surveyor in the' way he drew the sideyard lines . Where else are you going to draw them, I mean, it sits in a half-dozen, you know, of the other as to where you want to move .them. MR. DOYEN: They're equitably divided. MR, LARK: Proportionately. You got to also remember that this is sewered and watered, Fishers Island Water Company, and again this will go into that sewage treatment plant that I talked to you about right now, and I suppose going into the ocean. Nobody wants to talk about it but I guess that' s where it's going. It ' s one of those things nobody wants to talk about but that ' s where it ' s going. MR. GOEHRINGER: Is there heat in it all? Are these heated and all? MR. LARK: Oh, sure. They were yearround homes. MR: TUTHILL: Two-family. MR. LARK: Oh, two family, they are very substantial homes. MR. DOYEN: Three two-family. The wall between them, what do you call them, Bob? MR. TUTHILL: Party wall . MR. LARK: Party wall. MR. DOYEN: Yeah, those were early-1900 government construc- tion. They don 't build things like that anymore. MR. LARK: It still has the original copper plumbing in it, you should see how thick it is. I mean, it ' s first rate. That' s why they just didn't want to knock them down. And, so what FIDCO did is make contract subject to, of course, the Board of Appeals approval . And I keep in mind this also has to go to the Planning Board back again even though they've had it once and have written you a recommendation, it' s got to go back again under our regulations. Again I want to stress , you have the application and you've all seen that. It ' s going to be, remember this is in a Business Zone'. It ' s not a Residential. FIDCO could not care less if you wanted it zoned Residential. You know, they don't really care. That ' s not the point. The point is, it' s, these were there way before Zoning, it was Zoned Business and it' s been used as one and two-family homes right all along. When . ,�,,o.uthQ1,cj .To.wn Board of Appeals -26- February 28, 1980 the government abandoned them, FIDCO went in and put their migrants in there on a seasonal basis , I will grant you, April through Novem- ber, and this is the way they want: to continue it. And again there is precedent here in that you allowed the two-family to Barmache to goiin, which is merely adjacent to it. It is unique. It ' s existing; it '.s part of an older-governmental fort, and FIDCO honestly feels that this will be a responsible development for this end of the Island. And if you have any questions on it, I won't, you know--. it' s pretty obvious, this one is, you know, what could I do, it' s there and this is what they want to do and they've got responsible people to buy them and will continue it as ownership. As Mr. Doyen says they've already started to improve the Ferry District ' s acquiescence that property which will make, then you 've got to understand where you are here. This will never be built on owned by the Ferry Dis- trict; it' s unique; it backs up which then goes into the Harbor, so even though you don 't own it you do have the control. Again I 'm not worred about the 40, 000 or the 30, 000 or the whatever square footage because of the fact that it is watered and sewered; it is there. You have existing streets, existing facilities, nothing will change. The only thing that will change is there will be four separate tax bills. MR. DOYEN: This is just to the best of my knowledge, those two places had been used as a duplexes up until-- MR. LARK: Yes, right. That is correct because FIDCO had the different families in them. CHAIRMAN: Do you think they would like to keep it that way:, or would it ,be--- MR. LARK: I asked Mr. Noyes about that, and he gave me a mixed reaction. Obviously the single-family house is going to be owned by, a single person, and I can't tell you, Mr. Doyen maybe, one of them is. being purchased by FIDCO' s architect, and I don't know which one, James Righter. Now, I don't know whether he is buying a duplex and is going to just use it as a single, because Mr. Noyes told me that two of the units-that people did intend to. buy them as a duplex. They were going to live in one and rent the other out to carry the freight. CHAIRMAN: Were any of them thinking of maybe some kind of a business and live in it, too? MR. LARK: No , that I haven 't heard anything about. As far as I know, it ' s strictly residential. MR. DOUGLASS : But it ' s in a B-1 Zone. MR. LARK: But that is a freak of the thing, change of zoning. They couldn't care less. Upzone it. MR. DOYEN: Excuse me, on that I have a. question in that Southold Town Board of Appeals -27- February 28, 1980 regard, inasmuch as the petitioner has no objection, in effect Could we put limitations on there that would preclude business? MR. LARK: Sure. MR. DOYEN: Then in effect we can turn it into a residential area. MR. DOUGLASS : We can put a provision on there that it can never revert back to being used as B-Zone. MR. LARK.: There ' s no problem with that because when I talked to them— MR. DOYEN: That ' s important. We should make that part of the determination. MR. LARK: Well, I know. But you got to understand this is a pure residential situation. FIDCO understated by it on the zoning. They bought it from the government surplus, you know, when they bought a lot of the stuff from the government and they could never understand themselves why the thing was. zoned business but apparently the whole fort in. there was . zoned business, you see. MR. DOUGLASS : Because of the Ferry District and everything. MR. LARK: Right, that could very well be. I 'm not arguing that point, and that' s what makes this unique because it backs right up to the Ferry District, which FIDCO has now landscaped and if you would go there, you would think it was their backyard. It' s not, it belongs to the Ferry District but it will never be developed. MR. DOUGLASS : I 've been there, enough times. MR. LARK: Right. MR. DOYEN: The landscaping has made it surprisingly attrac- tive, and the individual that bought those three houses across the harbor, the harbor in this past year has been improved immeasurably, more than you can imagine . It .really looks great for the first time in 20, 30 years . It' s attractive. It was terribly run down. Those buildings are all being renovated now. MR. DOUGLASS : Well, right across the way they were doing a good job when we were over there. X4R. DOYEN: Well , you ought to see it now. He ' s done a fantastic job. He ' s expensively landscaped that. Beautiful . The Harbor looks beautiful coming in there now. It hasn't looked like that since the army owned it in the fort. It' s beautiful. Southold Town Board of Appeals -28- February 28 , 1980 MR. TUTHILL: Dick, you're only asking for approval of undersized lots, isn't that right? MR. LARK: That ' s right, and the continuance of the under- sized lots as divided by the surveyor there, --- the four lots, of which three are two-family or duplexes and one single. MR. TUTHILL: Well , if they're two-family we 're going to leave them that way. MR. DOUGLASS : No, we don't have to leave them that way. MR, LARK: I 'm not asking for business. Well they are nonconforming two-family right at the present time. MR. DOUGLASS : But we don ' t have to leave them that way. MR. LARK: But the nonconforming use hasn't expired because as of last summer they were used as two families . They were all occupied. MR. DOUGLASS : We don't have to grant that. We can grant single family-with the amount of footage they have. They only have 7 , 000 something feet on one. MR. LARK: Yeah, but it' s been no different. They've always had 7 , 000 . MR. DOUGLASS : I can't help that. I know that. MR. DOYEN: We have granted the same thing in the next house. We have granted the same thing down the street. What reasoning are we going to use know if we deny this one? MR. LARK: He ' s talking about the Barmache-- MR. DOYEN: Not only the Barmache, the one that was owned by Wolfe, and a school teacher. Not only that, we divided that onewso they sold it in two pieces. The same house as this one right there. MR. LARK: This was put, on. a block. This was not put out on single things . MR. DOYEN: The Coast Guard owned this, general services up until they sold it to Barmache last year . I 'm not only talking about Barmache, for the best of my recollection, if . you want to look it up, doesn 't have materially any more land than this when it first came back -from General Services. It was actually sold by the school, I think. But anyway it origi- nally General Services as Army, and when it came back into the Town sort of speak, we brought it in as a duplex and it was sold as a duplex, and then they came and we gave them another .Southold Town Board of Appeals -29- February 28 , 1980 variance so they could sell it individually; so now it' s owned by two owners and materially he doesn't have any more land than these. And not only that, it ' s needed on Fishers Island. The residences are in kind of short supply so need all the additional residences we can get. And this is one way we can get a few more under the zoning. There is virtually no land to buy over there, virtually no places to rent, so I think we would be doing the Island MR. DOUGLASS : You told me when I was over there yourself that nobody wants to rent over there. MR. DOYEN: Rent what? MR. DOUGLASS : That you can't get but $60 a month rent. You told me that yourself over there. MR. LARK: . For a summer home? MR. DOUGLASS : For homes, yearround. MR. DOYEN: I don't know how you understood me. A rental business is a: proposition, it ' s a bust. But that doesn't mean that they are practically all rented especially smaller units. The ones that I was talking about are some. of the large old-fashioned houses that cost so much to keep up. But there' s nothing of a nature where people can come in like they do and rent two weeks. MR. LARK: What was the name of the complainants on the FIDCO application for the .migrant workers? What was their name? Bryce. MR. TUTHILL: Right. MR. LARK: Mr . Douglass. To give you a comparison, Bryce ' s house, and you 're familiar with that, rents for $9, 000 a year for the summer. On the western and eastern end, the summer things, they all rent for big money, ok? Because you have to rent them for the season, like he said, or you pay an astronomical for a .month. Up on the eastern end, where the plots are not bigger, where the yearround people live all the time , you don 't have the availability. This is what he is talking about. MR. DOYEN: Well , for two reasons. One thing is, there are more younger people and they want to avail themselves to the use of the club on the other end of the Island, and they dislike tracking up and down the Island, which was 8 or 9 miles, back and forth two and three times a day to the club, so the demand by younger people, who have less resources, live on that end of the Island. Besides smaller resources, they want availability to the club where their kids go swimming. But nevertheless , there was another thing, I don't know where there ' s a rental proposition people make out in the summer. Do they here? Do the rentals pay here, medium and large-size homes? Southold Town Board of Appeals -30- February 28, 1980 MR. LARK: Ask Terry, he would know better. I think it' s a losing thing. MR. TUTHILL: What' s that? MR. LARK: Rentals here, right here in our area. MR. DOYEN: . Well.; it ' s the same thing on Fishers Island;;' That' s what I was eluding to, Bob. MR. LARK: This also like the other one.- has to go back to the Planning Board for • site .plan approval, for the official subdivision. But for them I think we got that straightened out for now. But for them to consider . it . you have to create the size-- MR. TUTHILL: Area-- MR. LARK: That' s right,, size- and the use of the lots for the Planning Board to consider it. again. MR. DOUGLASS ; That ' s backwards though. MR. LARK: Well, that's the latest interpretation. MR. DOYEN: It is confusing at least. MR. - LARK: And you do have your negative declaration in the record. I pointed out about the water and the sewer and, every- thing else. CHAIRMAN: Everything is in order. MR; LARK: And as he said from the housing aspect, it probably would be an asset- to go ahead and divide it. MR: TUTHILL: To be sold. off as is, two family houses. MR. LARK: To be .honest with you, they're already. sold. sub- ject to this Board ' s and the Planning Board' s approval . MR. DOYEN: And they have been. used right up' until the present -- I.'m just saying for the record, in this case, they have been used that. vay. CHAIRMAN:. There is no. one to speak against this? (There was no response. ) MR. DOUGLASS: I will make a motion that we reserve decision until after the hearing. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it; was Southold Town Board of Appeals -31- February 28 , 1980 RESOLVED, to RESERVE DECISION in the matter of the applica- tion of FISHERS ISLAND DEVELOPMENT CORP. , Appeal No. 2657 and the hearing be declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tut- hill and Doyen. Messr. Goehringer abstained. PUBLIC HEARING: Appeal No. 2669 . Application of JAMES and MARY McGUIRE, 20985 Main Road, Cutchogue, New York., for a Variance to the zoning Ordinance, Article III, Section 100-30 and 100-31 for permission. ,to construct addition (portico) with an insufficient frontyard setback. Location of property: 20985 Main Road, Cutchogue; bounded north by Adel and Sheehan; east by Sheehan; south by Stepnoski and Bagenski; .west by Main Road (S .R. 25) . County Tax Map No. 1000-108-003-13 . 6 . The Chairman opened the hearing at 9 :45 P.M, and the reading of the legal notice was waived by applicant. The Chairman read the Building Inspector ' s Notice of Disapproval , application for a variance, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15 . 00. JAMES McGUIRE: I request that you approve the 15-foot portico for improving the appearance. CHAIRMAN: Here is a sketch showing what it will look like after it ' s completed. MR. TUTHILL: Let me ask you a couple of questions. It might seem silly, I don 't mean them that way. I don't know the construction of those plastic greenhouses, but would it be impractical to move .that greenhouse back and would it be im- practical to shorten it up? MR. McGUIRE: It would be impractical to move it back because it would require taking the whole thing down, and in moving it back, ' it would also.,.. in.:.back:o.f the:.. greenhouse we would have to build up the land. CHAIRMAN: Yeah, it slopes down there. MR. TUTHILL: You can't cut off the front 10 feet or anything? MR. McGUIRE: Well, I suppose you could but it would be cutting down your growing space by approximately 10% . That greenhouse is about 100 feet long, so if. you took 10 or 15 percent off, you would be losing your growing area by that amount. Also, it would require, you know, . people coming in and modifying the greenhouse so that, the first section of the greenhouse has to be in the first section, because that' s where the plastic is. h ,Southold Town Board of Appeals -32- February 28 , 1980 MR. TUTHILL: You couldn't hook it ,in the .back in other words? MR. McGUIRE: Right. In other words, if you just took the first section out and went to the second section, because the plastic would not fasten to the greenhouse, you would have to take two sections out to put the end section, wherever the greenhouse starts. Again , it alwayq, has to be at the end for the purposes of securing the plastic . MR. TUTHILL. Ok. Is there any reason why this couldn't be cut down to the 10 feet instead of the 15 feet in depth? Would it interfere with your plans, because certainly that place can stand some improvement in looks. MR. McGUIRE: Well , that ' s what we 're attempting. We recog- nize that. In going over this with the architect and various carpenters, we came up with this. Now to reduce it, naturally we would have to go back and discuss it with those people and find out the pros and cons of. reducing it to ten feet. MR. TUTHILL: Are you going to use this just to improve. the looks or for display purposes? We don't want to create a store there. MR. McGUIRE: No. It ' s going to be open all the time. I won't say that we won't hang a plant from a rafter, but it will not be enclosed and it will not be used as a selling area. The basic purpose!'As to improve the sight. That's what we 're trying to achieve. MR. DOUGLASS : The only thing that you would be involved in by cutting back toy. 10 feet instead of 15 is your roof will gain about one to two inches of pitch, that ' s all. That' s the only thing that will change. It will not change anything construction- wise other than that. It will change the pitch line of your roof a little bit, that' s all. And that will keep you back 40 feet from the road. MR. McGUIRE : I certainly wouldn't say it can't be done. It ' s just that I wasn' t prepared to answer that question. MR. DOUGLASS: It would be cheaper than 15 foot. MR. McGUIRE: Yeah. CHAIRMAN: Yeah, I was just thinking, it would probably save you some materials. MR. McGUIRE: You're talking like one-third. And the price of lumber today is out of sight. I have no reason to say that it shouldn't. In going over this in trying to improve it, this is what we came up with and that ' s why we were asking for it. ,Southold Town Board of Appeals -33- February, 28 , 1980 MR. TUTHILL: It .isn't going to end up in any of your parking area there? MR. McGUIRE: I don't think so. There was a man down from Cornell University, who was , a specialist in parking, and we had him out there and we showed him this , and he had a positive reac- tion to it. That was back in January some time. MR. DOUGLASS : You might lose some of that though along there when the road transfers. And that becomes County road .instead of State. MR. McGUIRE: Well, I wouldn't know. MR: DOUGLASS : It widens out. MR. CHAIRMAN: We never know when it' s going to happen. It . may not happen in a year , I don 't know. MR. DOUGLASS: It was supposed to take effect a year ago this coming April , but it was• held up, because what ' s happening the County Road is becoming State Road, and the State Road will become County Road, as soon as the County finishes the four lanes to the blinker at Porky' s. When they get the four lanes there which they surveyed for last year, then it becomes State Road. MR. McGUIRE: The County is out to widen that road? MR. DOUGLASS : They will. They will shove it out some. MR. TUTHILL: You mean the County' s taking over? MR. DOUGLASS : They own 13 feet now on either side of the road, the State does. You see they own inside that telephone pole line that' s on your front there now: The telephone pole is on. the State property. MR. McGUIRE: I wasn't aware that , there were plans to widen it. MR. DOUGLASS : Eventually, it has to happen, we don' t know when. It ' s been on the maps for a while, a1l. of. it to transfer these roads. CHAIRMAN: Variances or anything up along this road here we had to consider where the two lanes were coming. There are two additional lanes and we had them set way back. You' ll notice some of the buildings back here are set way back from the road. Because when they come through here eventually they are going to put the two lanes on this side through here . MR. DOUGLASS : Maybe you and I will never live to see it but it ' s on the books . Southold Town Board of Appeals -34- February 28 , 1980 CHAIRMAN: There is nobody here to object to this (no one else was present) . MR. TUTHILL: My feeling is I would be willing to give up. a few feet to make those buildings more attractive: MR. DOUGLASS : I ' ll make a motion that it be granted to extend 10 feet in front of the buildings with a condition that it cannot be closed in and the other condition which I gave Linda, that no display or storage of goods shall protrude forward of that extension. In other words you must have the 40 feet open in front. MR. McGUIRE: Ok. That ' s sounds good. CHAIRMAN: If you want to display anything, it is supposed to be under that extension of the roof of it. . MR: TUTHILL: Can we put something in there, an option for Mr. McGuire if he finds that for some reason the 10 feet is going to lessen the beautifying or be impractical that he can come back to us? MR. DOUGLASS : Yes. MR. TUTHILL: I would hate to stick him with 10 feet just Like that. SECRETARY: Do you want to add that then as a condition, Bob? MR. DOUGLASS : Yes. And ,how can we word it. MR. TUTHILL: If the 10 foot is found to be impractical for some reason, he may come in. MR. DOUGLASS : He can come back to us and we will reconsider. MR. McGUIRE: As I say, I don't know what, if any, problems that five feet will create. MR. DOUGLASS: It won 't create any. It will,-- save you money. MR. McGUIRE: We didn 't just sit down. and arbitrarily come up with it. We did consult various people and come up with this idea, and as I say, I don't know whether five feet is going to cause any problem. MR. TUTHILL: Well, what you've got to get, go over it with the architect and see if it can be done nicely with 10 feet instead of 15 . MR. DOUGLASS : The only thing it will cut down is a little bit of sales room, structurally it will not change anything. It will be cheaper . Because 15. feet I can tell you, you{- rafter work on .Southold Town Board of Appeals -35- February 28 , 1980 15 foot against 10 foot is going to be considerably different. After investigation and inspection, the Board finds that the applicants are requesting to construct a portico to an existing greenhouse at premises located on the Main Road, Cut- chogue, New- York which would set an insufficient setback off Main Road to 35 feet. The Board feels that a 10-foot portico addition instead of a 15-foot portico addition would be suffi- cient for the purposes of improving the appearance of the existing structure. The applicant has stated that to move the existing greenhouse back far enough to construct the portico without a frontyard setback would be a hardship and practical difficulty due to the plastic and uneven construction of the greenhouse. The Board finds the reasoning of the applicant appropriate and reasonable. 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 by Mr. Douglass, seconded by Mr. Tuthill , it was RESOLVED, that JAMES and MARY McGUIRE, 20985 Main Road, Cutchogue, New York; be GRANTED a Variance to the Zoning Ordi- nance, Article III , Section 100-30 and 100-31 for permission to construct a 10-foot. portico with an insufficient frontyard setback, SUBJECT TO THE FOLLOWING CONDITION: (1) That the portico will not be permitted to be enclosed; (2) That no displaying or storing of goods shall protrude forward of the portico extension granted herein; (3) That the applicants may return and request of this Board that the additional five feet as originally requested be approved if there. is a practical difficulty in constructing the 10-foot portico rather than the 15-foot portico. (4) Referral to the Suffolk County Planning Commission. Location of property: 20985 Main Road, Cutchogue; bounded north by Adel and Sheehan; east by Sheehan; south by Stepnoski and Bagenski; west by Main Road (S.R. 25) . County Tax Map Item No. 1000-108-003-13 . 6 Vote of the Board: Ayes : Messrs . Grigonis , Douglass , Tut- hill and Doyen. Messr. Goehringer abstained. Southold Town Board of Appeals -367 February 28 , 1980 On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the following appeals be advertised for a public hearing, at the next regular meeting of this Board, and that the 20th day_ of March , 1980 at 7 :30 o 'clock P.M. .. is scheduled as the next regular meeting of this Board: 7 :30 P.M. SCHULTHEIS, GERARD H. Appeal No 2670 7 :45 P.M. MCNULTY, HELEN &, ANITA. , Appeal No, 2671 7 :55 P.M. RAYNOR, . SOPHIE. Appeal No.• 2673 . 8 : 05 .P.M. SCHOENHAAR; ROY C. Appeal No. 2674 8 : 20 .P.M. RUCH, ELEANOR. , Appeal No. 2676 8 : 35 P.M. CORNELL, JOSEPH CLIFFORD. Appeal No. 2675 . Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill, Doyen and Goehringer. On motion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, tha.t:in-.tieapplication of GERARD H. SCHULTHEIS, Appeal No. 2670 for permission to construct dwelling with an insufficient 'frontyard setback, Article ITT, Section 100-31, at premises located at Holden Avenue and Dick' s Point Road, Cutchogue., New York, after review of the Environmental Assessment Short Form, which has indi- cated that no significant adverse effects to the environment were likely to occur, and review- of' the documents submitted therewith, this Board has determined that this project if� implemented as planned is classified as a Type II Action, not having a signifi- cant effect on- the environment, Section 617 .13 of the New York State Environmental Quality Review Act and Section 4.4-4B of the Southold Town Code. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill, Doyen and Goehringer. On ,motion by Mr. Doyen, seconded by Mr.- Tuthill, it was, RESOLVED, that in, the: application of' HELEN & ANITA McNULTY, Appeal No. 2671, for permission to establish two proposed lots with insufficient width and area for property located at 'Peconic .:Bay .Boulevard, Laurel , New York, for approval of insufficient area and width of parcels to be. established in a proposed subdivision, after review of the Environmental Assessment Short Form, which has, ' indicated that no significant adverse effects to the environment are likely to occur, and review of the documents submitted therewith, ,Southold Town Board of Appeals -37 - February 28 , 1980 this Board has determined this project if implemented as planned is classified as a Type II Action, not having a significant effect on the environment, Section 617 .13 of the New York State Environ- mental Quality Review Act and Section 44-4B of the Southold Town Code. Vote of the Board: Ayes : Messrs. Grigonis, Douglass, Tuthill, Doyen, and Goehringer. On motion by Mr. Doyen, seconded by Mr. Tuthill , it was RESOLVED, that in the application of SOPHIE RAYNOR, Appeal No. 2673 , for approval of insufficient area and width of parcels to be established in a proposed minor subdivision, and for approval of access, New York Town Law Section 280-A, for premises located at North Road, Greenport, New York, after review of the Environmental Assessment Short Form, which has indicated that no significant adverse effects to the environment were likely to occur, and review of the documents submitted , therewith, this Board has deter- mined that this project if implemented as planned is classified as a Type II Action, not having a significant effect on the environ- ment, 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. Grigonis, Douglass, Tuthill , Doyen, and Goehringer. On motion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that in the application of ROY C. SCHOENHAAR, Appeal No. 2674 , for: (a) approval of insufficient area and width of parcels to be established in a proposed subdivision, Article III, Section 100-31, and (b) approval of access, New York Town Law Section 280-A, for premises located at Main Road, Mattituck, New York, after review of the Environmental Assessment Short Form which has indicated that no significant effects to the environ- ment were likely to occur, and review of the documents submitted therewith, this Board has determined that this project if imple- mented as planned is classified as a Type II Action, not having a significant effect on the environment, 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. Grigonis, Douglass, Tuthill , Doyen, and Goehringer. • ,Southold Town Board of Appeals -38- February 28, 1980 On motion by Mr. Doyen, seconded by-'Mr. Tuthill, it was RESOLVED, that in the application of ELEANOR RUCH, Appeal No. 2676 , for approval of insufficient area and/or width of parcels known as "Shorecrest Subdivision Lots. No. 1 , 4 , .15, 17 , 18 , 19 at Arshamomaque, " Southold, New York, after review of the Environ- mental Assessment Short Form which indicates that no significant effects to the environment are likely to occur, and after review of the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having a significant effect on the environment, Sec- tion 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. Grigonis, Douglass, Tut- hill, Doyen, and Goehringer. On motion by Mr. Doyen, seconded by Mr. Tuthill , it was RESOLVED, that in the application of JOHN CLIFFORD CORNELL, Appeal No . 2675 , for approval of insufficient area and width of parcels known as "Shorecrest Subdivision Lots No. 6 , 7 , 8 , 9 at Arshamomaque, " Southold, New York, after review of the Environ- mental Assessment Short Form which indicates that no significant effects to the environment were likely to occur, and after review of the documents submitted therewith, this Board has determined that this project if implemented as planned is classified as a Type II Action, not having a significant effect on the environ- rent, 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. Grigonis, Douglass, Tuthill Doyen and Goehringer. Mr. Doyen offered a resolution to approve the FISHERS ISLAND DEVELOPMENT CORP, Appeal No. 2656 appeal, subject to conditions, but Mr. Doyen' s resolution was not seconded. Mr. Doyen wanted the other Board members to know that he was in favor of granting the appeal subject to conditions.- in the event he was not present at the meeting for which action might be taken. After investigation aiid inspection, the Board finds that the applicant, MATTITUCK FREE LIBRARY, in Appeal No. 2665, is request- ing permission to construct addititiori; With an insufficient side-- yard setback to -30:feet, and for :permission .to waive off the street parking requirements of Article XI, Section 100-112A of the Southold Town Code, whereas they state if they complied it would require the removal of many beautiful trees eliminating the isolation from not . ,Southold Town Board of Appeals -39- February 28 , 1980 only the church and the lumber yard but .also the residential neighborhood to the south, and the sideyard compliance requir- ing offsetting the addition at much greater expense and loss of utility. The parcel involved is approximately 135-foot wide by 500 feet in depth containing approximately 66 , 000 square feet of area; -arid the existing building has a� floor area of 2830 square feet and the applicant proposes to construct an addition at the rear of the existing building in the sideyard area which will have 1200 square feet. The total floor area of the existing and proposed structures will compose 4030 square feet. The Board finds that the existing and proposed addition is located on the northerly one-third of the lot, and that the entire remaining two-thirds is unoccupied. The Board finds that the. applicant has not shown any hardship or difficulty in com- plying with the parking requirements of the zoning code. However, the Board does find that by reason of the location of the existing building that a hardship .would exist with res- pect to the proposed addition if the same were required to have a sideyard variance and approves the addition proposed as shown on the plan filed with the Board. The Board determines that the applicant has not proved any hardship or difficulty with respect to providing the required parking, -that there is land available for parking, and therefore denies the variance for the reduced parking requirements. The Board finds that the..circ,umst.ances present in the variance for insufficient sideyard are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship . The Board believes that the granting of the sideyard variance in this case will not change the character of the neigh- borhood and will observe the spirit of the zoning ordinance. On motion by Mr . Douglass , seconded by Mr. Grigonis, is was RESOLVED, that MATTITUCK FREE LIBRARY, Main Road, Mattituck, New York 11952 , in Appeal No. 2665 , be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct addition with an insufficient sideyard setback to 30 feet as applied for, SUBJECT TO THE CONDITIONS SPECIFIED BELOW, and be DENIED a 'Variance6to the Zoning Ordinance, Article XI, Section 100-112A to waive off street parking requirements: Cl)_ That the applicant is required to provide off the street parking-as required by the Southold Town Code; (2) That this matter be referred to the Suffolk County Planning Commission, pursuant to Section 1332 of the Suffolk County Charter. (3) That the ingress and egress be at least 20-feet wide. Location of property: 13900 Main Road, Mattituck; bounded north by Main Road (S .R. 25) , east by Sacred Heart Roman Catholic Church, south by Winiaz and Reeve, west by Reeve, and Reeve Lumber and Woodworking Co. , Inc . County Tax Map Item No . 1000-114-11-2 . 'l t ' i Southold Town Board of Appeals. -40 February 28, 1980 Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill, Doyen. Messr. Goehringer abstained. On motion by. Mr. Douglass, seconded by Mr. Tuthill , it was RESOLVED, that the meeting be declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill, Doyen, and Goehringer. The meeting was declared closed at 10: 30 P.M. Respectfully submitted, L nda F. Kowalski, Secretary APPROVED Southold Town Board of Appeals *Cairma�n Boar 0f App FIs r ; RECEIVED AND FITED BY THE SOU HOLD TOWN CLERK DATE �j���� HOUR Town Clerk, Town of Southold