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HomeMy WebLinkAboutZBA-09/25/1980 r o5�FF0�co ' f Appeals Southold Town Board o • MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. r&6rWu ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph Sawicki M I N U T E S REGULAR MEETING OF SEPTEMBER 25 , 1980 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, September 25 , 1980 at 7 : 30 o ' clock p .m. at the Southold Town .Hall , Main Road , Southold , New York 11971 . Present were : Charles Grigonis , Jr . , Chairman ; Serge J . Doyen , Jr.. ; Robert J . - Douglass ; Gerard P - Goehringer , Jr. ; Joseph H. Sawicki . Also present were Mrs . Shirley Bachrach (League of Women Voters ) , Mike Stahl (reporter from the Suffolk Times , Inc . ) . On motion by Mr. Goehringer , seconded: by Mr . Douglass , it was RESOLVED , to approve the Minutes of the Regular Meeting held August 14 , 1980 . y Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . On motion by Mr. Grigonis , seconded by Mr .. Goehringer' .-it was RESOLVED , to approve the Minutes of the Regular Meeting held August 28, 1980 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . Southold Town Board of Appeals -2- September 25 , 1980 On motion by Mr . Grigonis , seconded by Mr. Goehringer, it was RESOLVED , to approve the Minutes of the Special Meeting held August 27 , 1980 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, to approve the Minutes of the Special Meeting held September 12 , 1980 . Vote. of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . The Chairman welcomed the new member , Joseph H. Sawicki . PUBLIC HEARING : Appeal No . 2735 ; Application of Harry 0 . Hurlburt , Jr . , 7014 Sheaff Lane , Ft . Washi.ngton , PA 19034 , for a Variance to the Zoning Ordinance , Article III , Section : (a ) 100-30 for permission to establish accessory building for guest use and play area use , and (b ) 100-32 for permission to construct accessory building in the frontyard area . Location of property: Private Road , Fishers Island , NY ; bounded north by Walker , west by Spofford , south by Private Road , east by Pri- vate Road and Sorenson . County Tax Map Item No . 1000-3-2-10 . The Chairman opened the hearing at 7 :35 p .m. by reading , the appeal application , legal notice of hearing and affidavits attesting to its publication in the local and official news- papers , Notice of Disapproval from the Building Inspector , and letter from the Town Clerk that notification to adjoining property owners was made ; fee paid $15 . 00 . MR . CHAIRMAN : We have a section of the County Tax Map and survey showing .the property with existing and proposed building . I understand Mr. Hurlburt you came all the way from Pennsylvania today , and you expect to go back . MR . HURLBURT : That ' s right . MR . CHAIRMAN : Do you have anything that you would like to add to what you ' ve stated so far? Southold Town Board of Appeals -3- September 25 , 1980 MR . HURLBURT : Well , I think that I generally stated in the application my feelings about it. However , the fact is that the location of the proposed structure would disrupt the area at least of any proposal- we could make for the property because it is located in an area which you 'will not see it from the road or will any of the neighbors see it , nor will it be- visible -from the main house , because there is a slight dip down from the house towards the road ; and the height of the structure will f.it in there . I propose to use native cedar.;;construction which would blend in with the surroundings , and I think it ' s in keep- ing with the type of structures you find in. that particular area . There really is no other practical way to add to the house . A direct addition would not be aesthetically pleasing with .the type of house that I have there , and from a standpoint of sideyards for neighbor disruption I think it would be a detriment to go in any other direction than what we ' re proposing . MR . CHAIRMAN : Thank you . MEMBER DOYEN : The Board has inspected this . MR . CHAIRMAN : Yes , we we.re there . We have to agree with you on quite a bit . That ' s a nice view you have out there . MR. HURLBURT : Thank you . Yes , we moved the house all the way forward to capture it. MR. CHAIRMAN : I don ' t know . I had almost wished I missed the boat .that day and stayed there . Is there anyone . else to speak in favor of this? Anyone to speak against this? Any of the members of the Board have questions they would like to ask . Mr. Hurlburt? MEMBER DOYEN : The members .of this Board met with the Planning Board on another matter and this became involved because we were made aware of deed restrictions on the end of the island where your property is located . Would you like to comment on the deed restrictions regarding your property? MR. HURLBURT : Well , I acquired the property from the County at a tax sale in 1969. However, there were certain deed restric- tions that traced back to the original purchaser of the land , an Annie Cooke , who bought it from the Fishers Island Corporation in 1931 . However, the particular deed restrictions to which you refer is found in many of the deeds from the Fishers Island Corp- oration and limits the particular properties to one dwelling . However , i.n this particular deed that restriction does not appear. It was stricken , and was recorded on the deed-- I have been to Riverhead and researched it and I can give you the .cita- tion in the book and the page. But the actual . deed on file did not have that restriction . Liber 1612 , Page 507 . Southold Town Board of Appeals -4- September 25 , 1980 MR. CHAIRMAN : Are there any other questions from any of the other members? (Negative ) We ' re going to close the hear- ing and we will reserve decision ; but before we do that , in the--oh , I wouldn ' t say restrictions--but the conditions we might impose if it were granted , something, would be .probably subject to a yearly inspection to see that a kitchen or some- th,ing. like that hasn ' t been installed and made regular living quarters . MR . .HURLBURT : That ' s no problem whatsoever. I have no intenti.on of using it for that purpose . MR . CHAIRMAN : All right . If there are no further ques- tions , I ' ll close the hearing and offer a resolution . On motion by Mr . Grigonis , seconded by Mr. Goehringer , it was RESOLVED , to close the hearing and reserve decision in the matter of Harry 0. Hurlburt , Jr. , Appeal No . 2735 . Vote of the Board : Ayes : Messrs . Grigonis�, Doyen , Doug- lass , Goehringer and Sawicki . Chairman Grigonis appointed Member Goehringer as Chairman Pro Tem during the hearing of ,the matter of Curtis and Nancy Norklun . Members Grigonis and Douglass were-.absent during the hearing of Curtis and. Nancy Norklun . PUBLIC HEARING : Appeal No . 2726 . Application of Curtis and Nancy Norklun , 700 King Street , Orient , NY 11957 , for .a Variance to the Zoning Ordinance , Article III , Sections 100-30 and 100-32 . for permission to convert part of existing barn gor guest house/residential use . Location of property : 700 King Street , Orient , NY ; bounded north by 'King Street , west by Bogden , south by Willow Terrace Farms , Inc . and Brenner, east by Brenner.. County Tax Map Item No . 1000-26-2-37 . ' The Chairman Pro Tem opened the hearing at 7:50 p.m. by reading the appeal application , legal notice of hearing and affidavits attesting to its publication in .the local and official news= papers , Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owner's was made ; fee paid $15 . 00 . CHAIRMAN GOEH'RINGER: Is anybody here in favor of the application? Southold Town Board of Appeals -5- September 25 , 1980 RICHARD J . CRON , ESQ . : If it would please the Board , I appear in behalf of the .applications for a variance to convert. an existing barn as an accessory use for a guest house . I think the applicants have stated their reasons as to why they need this particular vari - ance . I would like. to add to their reasons the fact that the Board is well .aware , the Town of Southold offers very little who have aged parents , living quarters separate from other large houses , or other structures consisting of large grounds . This is the only type of facility basically that is available where children would like to help their parents remain in the Town of .Southold without being subjected to having large homes and large grounds .to maintain . I think the applicants have made it clear that the sole purpose of the structure on its conversion is to house their parents . There is no intent whatsoever to have any type of kitchen facilities which this Board would not grant in any event. As you. well know , in the past it wasn ' t necessary to come to this Board for a v"ari - ance . The Building Department as a matter of form handed out building permits to either convert or construct accessory struc- tures as guest houses . Obviously, the ordinance doesn ' t specifi - cally omit such. a use , and therefore the need of appearing before this Board . The Board itself has approved these types of appli - cations since that rule was put. into effect . I think the purposes are worthwhile . I 'think the Board will agree with that. I think with respect to the letter that was sent by the Health Department obviously they have no objection in terms of the water and sewage . Their comments with respect to possible nitrates and other matters pertaining to the water I 'm sure are pure conjecture--they ' re not based on any fact . Moreover , the people in question that would be . using ' the facili - ties are not infants or of such that a nitrate situation would be dangerous to them . In the light of the foregoing and the fact that we have numerous guesthouses , as :accessory uses , in the Town of Southold , I would respectfully moot this Board to grant this particular application . CHAIRMAN GOEHRINGER : Thank you . Is there anybody else that would like to speak in favor of this application? Is there anybody opposed to the application? (Negative ) Mr. Cron , can I ask you a question concerning the well. Will they be using the existing well , trenching from the house? MR . CRON : The answer to that is , yes . MRS . NORKLUN : It ' s just for the bathroom. There ' s not going to be any kitchen or anything , so . MR . CRON : Yes , they would use the existing facilities . Southold Town Board of Appeals -6- September 25 , 1980 • CHAIRMAN' GOEHRINGER: Ok , thank you . very much . Are there any questions from you gentlemen? (Negative ) Hearing no further questions , I ' ll reserve decision . I ' ll make a motion to reserve decision on this . Thank you very much for coming in . On. motion ..by Mr . Goehringer , seconded by Mr . Doyen., it was RESOLVED , to close the hearing and reserve decision in the matter of Curtis and Nancy Norklun , Appeal No . 2726 . Vote of the Board : Ayes : Messrs . Doyen , Goehringer and Sawicki . Absent : Messrs . Grigonis and Douglass . Members Grigonis and Douglass returned to the meeting room. On motion by Mr . Goehringer , seconded by Mr.. Douglass , it was RESOLVED , to approve the following sign-renewal requests (Special Exception annual renewals ) for a period of one- year from the expiration dated noted thereon , SUBJECT TO THE. FEDERAL HIGHWAY BEAUTIFICATION ACT and FUNDINGS LAWS FOR HIGHWAYS , if and when applicable : Appeal No . Applicant 1387 Bill Ballan Ford, Inc . 977 Bernard Kaplan 999 Harold R. Reeve & Sons , Inc . 1003 Richard E. MacNish 1152 Cutchogue Post Office 1477 Volinski Olds 1476 Volinski Olds 2374 Advent Lutheran Church 2490 Grabie-Scudder Appliances , Inc . 2375 Eastern Long Island Kampgrounds 1285 Mattituck Lions Club 961 Gardiners Bay .Estates , Inc . 2572 Greenport United Methodist Church Vote of .the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . PUBLIC HEARING : Appeal No . 2737 . Application of, William and Rita A. Hilton , RR #1 , Box 115A, Grand Avenue , Mattituck , New York 11952 , for a variance to the Zoning Ordinance, Article III , Section 100-32 for permission to construct garage in the front and/or sideyard areas . Location of property : 1520 Grand Av.enue , Mattituck , NY ; bounded north by Heuser , east by Suter , south by Pafenyk and Anrig , west by Rohrbach . County Tax Map Southold Town Board of Appeals -7- September 25 , 1980 Item No . 1000-117-3-11 . 4 . The Chairman opened the hearing at 8 :05 p .m.. by reading the appeal application , legal notice of hearing and affidavits . attesting to its publication in the local and official news- papers , Notice of Disapproval from the Building Inspector , and letter from the Town Clerk that notification to adjoining property owners -was made ; fee paid $15 . 00 . MR. CHAIRMAN : We have a copy of the County Tax .Map . The property is located on an . approved access , right-of-way known as Cedar, Lane . It ' s not a public street. And the garage -at the nearest corner will be 15 ' and the furthest corner about 19 ' from the adjoining property line , and it will be set 19 ' and 20 ' back from the acc'ess . , . Is there anyone here who would like. to add to what ' s 'in the application? Is there anyone here wishing to oppose it , say something against it? Do you fellows have any kind of questions in mind? (Negative ). I ' ll offer this resolution granting this as applied for. After investigation an.d_ personal inspection , the Board finds as follows : Appellanet has appealed to this Board seeking a variance to construct a garage in - the frontyard area , approximately 15 ' at its nearest .point to the westerly side line and. approximately 19 ' at its nearest point to the southerly yard line . . The premises in question is a parcel os land located on a private road , " Cedar Lane ; more particularly known as County Tax Map Item District 1000 , Section 1.07 , Block 3 , Lo.t 11 . 4 , consisting of about half an acre . There is presently existing on the premises a two-story frame house with wooden deck . Upon inspection of the premises , the Board finds that the adjoining property to the west has an existing garage approxi - mately 10 ' from appellant ' s sideyard. line . . The Board finds the circumstances present in- this case unique., and strict application of the ordinance would produce practical difficulties or unnecessary hardship . The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance . On motion by Mr . Grigonis , seconded by Mr. Goehringer , it was RESOLVED , that William and Rita A. Hilton , be GRANTED permission to construct garage in frontyard area as applied for. Location of Property : 1520 .Grand Avenue , Mattituck , NY ; Southold Town Board of Appeals -8- September 25 , 1980 bounded north by Heuser, east by Suter , south by Pafenyk and Anrig , west by Rohrbach ; County Tax Map Item No . 1000-107-3-11 . 4. Vote of the Board : . Ayes : Messrs . Grigonis , Doyen , Doug- lass, Goehringer and Sawicki . PUBLIC HEARING : Appeal No . 2739 . Application of June Cheshire , 9280 Sound Avenue , Mattituck , NY 1 .1952 , for a Variance to the Zoning Ordinance , Article III , Sections 100-31 and Sec- tion .100.-33 for permission to construct addition to existing dwelling with an insufficient . frontyard setback. Location of property : ' 9280 Sound Avenue , Mattituck , NY ; bounded north by Sound Avenue , east by Laudenbach , south by Sepko , west by Over- holt ; County Tax Map Item No . 1000-122-2-3 . The Chairman opened the hearing at 8 : 21 p .m. by reading the appeal application , legal notice of hearing and affidavits attesting to its .publication in the local and official news- papers , Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that. notification to adjoining property owners was made ; fee paid $15 . 00 . MR. CHAIRMAN : We have a section of the County Tax Map showing this and the surrounding properties . We have a survey showing the house and proposed addition of 22 ' . It shows here a setback of 37 ' . Is there anyone here in favor of the ap- plication? MR. CHESHIRE : I ' ll clear that up . The house runs east and west by compass reading . The roadway goes on .an .angl.e just off to the wes.t , so that when you look at the plot plan it may .appear to be slightly closer than what it is . But the actual measurements have been made and it would be 37 ' . MR . CHAIRMAN : If you look at it a certain way , it doesn ' t look right . But when you look at it the other way-- MR . CHESHIRE : The road does go on an angle. The map will also show that. Additionally , I 'm unable to go out the back for financial reasons . It would cost me according to the estimate that I have an additional $5 ,000 to $8 ,000-- I have a retaining wall that will. have to be relocated as well as the things that were mentioned in the application,-- a 30-foot blue spruce tree that we not only like but for aesthe- tics but it also. is a wind-breaker . We have a farm to the - south of us and it is all open to that spruce tree . And that tree is rather large and it does create a wind-breaker for it. Also , our house right now is only a two-bedroom home . I have one teenaged. daughter and one is 10 years old . I also , on . weekends , I have two daughters by a previous marriage that do Southold Town Board of Appeals -9- September 25 , 1980 spend time with us , and we ' re finding that it ' s very difficult in such a small area . That ' s basically it . MR. . CHAIRMAN : In the back, when I was looking around , there looks like it would reach a cesspool , or very close to it . MR. CHESHIRE : Yes , as a matter of fact, the cesspool would have to be relocated . The cesspool --you would cover three feet of the cesspool with the same size addition . MR. CHAIRMAN.: Thank you . . Is there anyone else that would like to add something to this? For it? Anyone to speak against it? MR. STANLEY SEPKO : My . name is Stanley Sepko . I ' m repre- senting my mother . Originally I built all three houses down there-- mine , Overholt .and his about 1961 . We wanted to move that house back , closer .to the . road when we were building it. At the time , Terry came down and looked at the property. He said we would block off the neighbor next to him , which is Mrs . Overholt ' s house , view , she had a porch built onto .the place , and it would obscure her vision altogether. Listen , I wanted to go up five feet with the place . Five foot up closer to the road because we had a big -hollow in the back. He wouldn ' t go for that. He wouldn ' t buy it at all . He said , "Look , if you want to build that house you would have to keep it back the nearest point any house is on that road . " That ' s where it ' s set right now. And Mr . Cheshire says his cesspool is going to be moved . How long ago was .that cesspool put in? MR. CHESHIRE : The cesspool was put in seven years ago . MR. SEPKO : That ' s right . Because the cesspool , when I put in the cesspool , the Health Department came down-- I had to be 100 feet away from my water , from the point for the water. Which the original cesspool , which is 15 , 10 foot in diameter , and 15 feet deep , because I had it put in there , is 100 ' from the front of the house . In fact the point of the house is in. the house , the original well was in the house . Now, Mr. Cheshire , it seems to me like they created their own hardship . Now , if he was going to move 14 foot west , or if he had the room, I ' d have no objections to it. He went up three foot with the front of the house we wouldn ' t object to it . Now .the man says he needs a lot .of room. My neighbor down the road , she wanted to build one . It was Paulises-- they couldn ' t get a permit. So what they did , they allowed them to build up . The house is plenty big--they could put a dorner on their house , put stairs inside . My God he could have a big house . But as far as moving forward , I can ' t see them--and he ain ' t allowed to do' that . And as far as going backwards , they ' ve got all the room in the world to move . Southold Town Board of Appeals - -10- September 25 , 1980 (Mr. Sepko continued : ) They got to move one cesspool ,. and cesspools aren ' t that expensive . I had one put in last year, it cost me $500 . 00 . And you ' ve got to either give or take , but when you go 14 ' beyond everybody ' s house on the street ,: I think it ' s going to be a real sore eye . MR. CHAIRMAN : Thank you . Anyone else to speak against it? (Negative ) Do you have anything you would like .to add to it Mr. Cheshire? MR. CHESHIRE : The only thing I would li.ke to add is that I spoke to Mrs . Overholt , who bounds me on the west side and Mr. Lounenbach , who bounds me on the east side . Again the roadway goes on an angle.. The front of the new addition would. be equal in compass reading , west and east , would be, equal to the front of Mr. Overholt ' s existing house . She had no objection to it whatsoever. If she did , she would be here tonight. And she voiced to me that there was no objection whatsoever. As far as the other points , the well and what have you . The well has long since been placed in the front . My pools are still 100 ' distance from. my well --and pool apart. As far as going up , that was my first intention . I intended to go up . I had an architect come down . as well as speaking to the Building Depart- ment here. And the type of construction that the house is , I would have to go either through a suspended type of system where I would have to actually suspend the first floor from the second floor; or I would have to put in a stell beam through the basement of my house . The basement of my house is for most part finished off--play area and laundry room , plus a garage . It only has a P . ceiling height as it is . With a steel beam a person being as tall as I , I wouldn ' t be able to walk in my basement without knocking my head . So that ' s why we felt the only way we could go :would be out front . MR. CHAIRMAN : Thank you . Do any Board members have any questions? (Negative ) Well , I ' ll close the hearing and reserve decision . We ' re running a little bit behind . And we just want to take a little closer look at this and we ' ll let you know in a couple of days , or something like that. Give us a call . Thank you very much for coming in . On motion by Mr. Grigonis , seconded by Mr. Goehringer , it was RESOLVED , to close the hearing and reserve decision in the matter of June Cheshire , Appeal No . 2739 . Vote of the Board : Ayes : . Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . Southold Town Board of Appeals -11 - September 25 , 1980 PUBLIC HEARING : Appeal No . 2738 . Application of Edgar J . Smith , Jr . , 26 Lefurgy Avenue , Hastings-on-Hudson , NY 10706 , for a Variance to the Zoning Ordinance , Article III , Section 100-31 for permission . to construct addition to existing dwelling with insufficient front and rear yard setbacks . Location of property: Right-of-way off Village Lane (West Bay Avenue ) , Orient , NY ; bounded north by Oyster Pond Historical Society , west by Wainer, south by Orient Harbor , east by Fox. County Tax Map -Item No . 1000-24-2-9. The Chairman opened the hearing at 8: 41 p.m. by reading the appeal application , legal notice of hearing and affidavits attesting to its publication in the local and official news- papers , Notice of,. Disa.pproval from the Building Inspector , and letter from the Town Clerk that notification to adjoining property owners was made ; fee paid $15 . 00 . MR . CHAIRMAN : We have a copy of the County. Tax, Map and copy of Van Tuyl ' s survey showing the additions as proposed . It would bring the sideyard down next to the property to Fox to 22 . 25 feet . And the back lot line would be at the closest point 15 feet. The other corner will be quite a bit further away. The lot runs on an angle . Is there anyone here that wishes to speak in favor of this or add to the application? Mr. Smith . EDGAR J . SMITH , JR. : I ' d be happy to offer any informa- tion . The cottage as the two of you at least know. The cottage is on the ,perimeter of the Orient Harbor.. And we are the last cottage on the right-of-way ; ours is the last one . So that we have to go over other persons ' land with their right-of-way t.o get to ours . The result of that is that the strict construction of the zoning ordinance requires that you consider the end of that right-of-way where it comes into our property as being a road . As if you draw a line parallel to that point , you then establish the actual side of our .yard , of .our house , as the front for the purposes of zoning definitions . So that the result is that the front of our house became the side of our house; and the side of our house became the front of our house for purposes of requesting a building permit . If you were to regard the house at its natural setting , the front of the house actually (changed tape ) . The need for the addition is not unlike the gentleman who spoke before . . I have a 13-year-old daughter and an 11 -year-old son ; and we have one .bedro.om in .the back and it ' s. just not working out any longer.They bring friends and things were getting just too crowded . The proposed change to the cottage will conform to the character of the neighbor- hood ; and in fact we are setting back considerably more than others down the line . So it will be in conformance . I don ' t know that I can have anything else . I think it ' s sort of fair to sort of characterise it as being a- kind of fluke in Southold Town Board of Appeals -12- September 25 , 1980 (Mr . Smith continued : ) the interpretation of the zoning laws , and that if. in fact the interpretation weren ' t there that there would be no problem with the addition . MR. CHAIRMAN : Thank you , Mr. Smith . It is rather unusual -- MR. SMITH : May I add one other thing? There is no way to construct the addition differently from the way we done it. We . can ' t go up. We are , our cottage has two roofs , like that, and we can ' t take them off and go up . We ' d have to go up the sides . MR. CHAIRMAN : Thank you , Mr . Smith . 'It is rather unique when you look at the house and it ' s supposed to be the front of it , and there are no doors at all on the front. I never saw a house yet in front of the house that didn ' t have a door on it. MR . SMITH : I had some trouble understanding that . As Mrs . Kowalski will tell you . MR. CHAIRMAN: Is there anyone else that wants to say something in favor of this? Anyone wishing to speak against it? Anyone else have any questions? MEMBER DOUGLASS : Yes , I ' d like to ask something . Mr. Smith , back when I was a kid , which is a while ago , that right-of-way used to continue across in front of your home and on through the next property to what was called State Street at that time . And the only thing they did was stick three or four rocks in that rock wall .on your north side plugging it up . Was that ever an official right-of-way through there? MR. SMITH : I have some understand of the history , Mr. Douglass , and I can ' t answer that question . All I know is that somewhere around maybe 30 or 40 years ago , I think the previous owner of the Wainer property blocked it off and since that time vehicular traffic hadn ' t gone through . People and dogs and swans and everything , they go by. I discussed with the .zoning , people from the building depart- ment , - my theory that the road going .in front of my house was in fact a road . Therefore we didn ' t have a problem . They were unable to accept that because v.ehicular, traffic does not go through . The fact that .cars come up and down and turnaround and all is not for them. And so they suggested that the best way of resolving the problem was to go through the variance rather than having to get an opinion from whomever , that the road goi.ng by the front of our yard really was a road for .purposes of the zoning statutes . tl Southold Town Board of Appeals -13- September 25 , 1980 MEMBER DOUGLASS : Did you ever have a--did anybody go back in the deeds? MR. SMITH : Did I ever have anybody go back in the deeds? MEMBER DOUGLASS : Yeah , or hook back in the deeds to see if it ever -was? MR. SMITH : There would be nothing on my deeds to-- MEMBER DOUGLASS : Because it was Stevenson that closed it off. Stevens , .or whatever that closed it off. MR. SMITH : Well , I am hopeful that you may grant the variance ; and it was suggested to me that it was the better way of proceeding to simply go forward with our work , rather than trying to prove that a. road was there . . I ' ll tell you personally that I think that if there ever was an easement over in front of the present Wainer property for vehicular traffic , that it probably has been extinguished . . I ' would not argue the same with respect to my house , but I would prefer not to have to go through the argument . MEMBER DOUGLASS : I was just wondering if you had the information , or if you had found it anywhere , because if you had found it somewhere , why it still would be in existence. MR. SMITH : Yeah , but it ' s--unless I have to .do it , I , it ' s not worth all. that-- MR. CHAIRMAN : If there are no further questions , I ' ll vote for a resolution closing the hearing and reserving decision . On motion by Mr. Grigonis , seconded by Mr. Douglass , it was RESOLVED , to close the hearing and reserve decision in the matter of Edgar J . Smith , Jr . , Appeal No . 2738 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , .Doug- lass , Goehringer and Sawicki . RE.-HEARING. Appeal No . 2710. Ap-plication of Dolores Strong , Camp Mineola Road , Mattituck., New .York (by Richard J . Cron , Esq . ) . for. a re-hearing to reconsider the decision of this Board made on July .1 , 1980 , wherein applicant requested permis- sion to display .and store openly boats and marine items outside of enclosed .b.uildings . Location of property : 11455 Main Road , Mattituck , NY ; bounded north by Mileska , south by Burgon , west Southold Town Board of Appeals -14- September 25 , 1980 by Wickham, east by Main Road. County Tax Map Item No . 1.000-142- 02 . 00-017 . 00 . The Chairman opened the hearing at 8: 53 p .m . by reading applicant ' s. attorney ' s request of August 25 , 1980. requesting that the Board. further amend the decision of this Board . MR . CHAIRMAN : Mr. Cron? RICHARD J . CRON , ESQ . : If it would please the Board . The original variance as it was granted by the Board granting the right to openly display boats and related marine items at the subject property , imposed as the Board well knows a condition providing for a 25-foot setback from the street line at which the display of items could not be permitted . The review of that decision necessitated our contacting the Board and asking the Board for the relief that we have requested in our letter to extend the area in which we ,could openly. display boats and marine items . The area that the Board , that the restriction imposed was insufficient to do just that. The Board on its motion as indicated in that letter amended the condition to provide that , if I recollect , that you permitted to openly displ.ay boats and related marine items within eight feet from the southwest line and 10 feet from the southeast line . I pretty much followed that thinking when .I wrote to you and requested an extension on those lines from 15 to 17 feet. However , I would like to point out to the Board that really those figures should be reversed . The longest distance is. on the southwest 'line and the shorter distance to the street line is on the southeast line . So really the distances should be reversed the other way around . The 17 feet that we have requested if that were to be granted should be on the southwest side ; .and. the 15 feet basically on the south- east side . If you will look at the survey , if I recall , the southeast corner to the Main Street is a distance of 30 feet , .whereas the distance from 'the southwest corner of- the Main Street is 34 feet . So I think it would make more sense to reverse the distances , that we have. a greater distance to play on the southwest line than we do on the southeast line . Notwithstanding our request in that letter , if at all possible we would ask the Board. to consider granting us as much area , even greater than that which we requested in our letter , as close to the sidewalk line as we can possibly go , and that ' s reasonably feasible . . In no event however less than the 15 and 17 feet that we requested with the lines however reversed. We ask . the .Bo'ard to give us that recon- sideration if you could , knowing the type of items that have to be displayed--the particular boats that are going to .be displayed , we still would find it awfully tight to properly display those items to the public so as to engender their interests in purchasing these things , by a distance of 15 and 17 feet. We really need a greater distance than that Southold Town Board of Appeals -15- September 25 , 1980 (Mr. Cron continued ) if the Board determines that to be feasible. I don ' t think it ' s necessary to go into all the reasons why. We had gone into this on the intial application in terms of the granting of the original variance ; but the point is we' ve got to have as much area from the building line towards the sidewalk line as is reasonable in order to properly do what we want to do on the subject premises . I ' d ask the Board to be as reason- able and as fair as they can to extend the area in which we can operate . MR . CHAIRMAN : Thank you . Is there anyone else to speak for this? Mr. Strong . DAVE STRONG : Yes . I ' d just like to-- I know we ' ve been over this before , but in addition to these things , I have spoken to a couple members of the Board , and we do intend to have an access door in the rear and on the east side of the building so that people may park in the back and will not have to walk the way around to the front. Just one thing to what Mr . Cron said , it ' s not so much the footage of the thing , and I think we ' re all aware of displaying the boats , if it were feasible to get it--we ' re not trying to overrun the sidewalk or anything like that--a reasonable limit , yes . Just by the nature of the beast , and there is no set size in a boat , it ' s awful hard to limit and say you have "x" amount of feet . And so I 'm certainly going to appreciate any help we- can�. get and the greatest distance that we ' re allowed--and it ' s certainly not going to all come out that way. It ' s going to be staggered naturally . Aside from that , that ' s about all I have to add . MR . CHAIRMAN : Thank you . Is there anyone else? Does anyone want to speak against this for any reason? (Negative ) Any questions from any of the Board members? (Negative ) I ' ll offer a resolution closing the hearing and reserving decision . On motion by Mr . Grigonis , seconded by Mr . Goehringer , it was RESOLVED , to close the hearing and reserve decision in the matter of Dolores Strong , Appeal No . 2710 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . PUBLIC HEARING : Appeal No . 2744 . Application of Committee- to-Elect George Sullivan , Main Road , Box 837 , Southold , NY 11971 for a Variance to the Zoning Ordinance , Article XI , Section Southold Town Board of Appeals -167 September 25 , 1980 100-110A, B ( 1 ) for permission to -erect (off-premises-advertising ) ground sign in a B-1 Business zoned - district. Location of property : South side of Main Road , Mattituck , New York ; bounded north by Pumillo , Hallock , Berninger , Jackson and Main Road ; west by Matt-Agency , Inc . , Jarzombek , Roth ; south by Litchholt , Taylor; east by Biliunas , Jackson , Berninger , Hallock , Pumillo ; County Tax Map Item No . 1000-143-3-33 . 2 . The Chairman opened the hearing at 9 : 09 p .m. by reading the appeal application , showing notice of hearing and affidavi.ts attesting to its publication .in the local . and official news- papers , Notice of Disapproval from the Building Inspector , and letter from the Town Clerk that notification to adjoining property owners was made ; fee paid $15 . 00 . MR. CHAIRMAN : We have a section of the County Tax Map show- ing the surrounding area and the lot in question , and the loca- tion of where the sign is going to be placed . The sign will be a 4 ' by 6 ' and the bottom of the sign will be 4 ' above the ground . The maximum height will be 15 ' 6" from the ground level . Is there anyone here to speak in favor of this? Is there anyone here to speak against it? PAUL MURPHY: May. I ask a question? How did they get their mathematics? MR. CHAIRMAN : Well , that ' s what it says on the sketch . PAUL MURPHY : Just listening here as an interested citizen , it doesn ' t make sense to me . And they do everything so legal , and why don ' t they figure out the -- SECRETARY : I will need the gentleman ' s name . MR . CHAIRMAN : Can you give us your name , sir , for the record? PAUL MURPHY : Paul Murphy . But not to exceed 4 ' from the ground level up , and not to exceed a 4 by 6 sign . MR . CHAIRMAN : The minimum is going to be 4 ' from the bottom of the size , the minimum , 4 ' . PAUL MURPHY . All right. MR. CHAIRMAN : Maybe I skipped it , but I thought I read it . Yes , it doesn ' t add up sometime. We had one here about a house , the house was set back 52 ' and they were adding 22 ' and they come up with a 37 ' setback. I ' ll offer a resolution granting this as applied ' for, subject to the usual sign conditions , which is automatic . Southold Town Board of Appeals -17- September 25 , 1980 After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking a variance to erect a ground sign to be located on B-1 zoned Business property , presently owned by Roy C. . Schoenhaar and located at the south side of 'Main Road , Mattituck . The premises in question is a parcel of land containing approximately 2 . 6 acres , the northerly half zoned B-1 and the southerly half zoned A-Residential & Agricultural . There is presently existing on the premises a one-story frame house , and no ground signs were found existing . Also , it has been found there are no conditions specified in the Code for any si.gn in a B-1 District (Article VII ) ; however , sections and conditions for a11'.the other districts are specified . . This appears to be an unintentional oversight , causing applicant to make this request . On motion by Mr . Grigonis , seconded by Mr. Doyen , WHEREAS , the Board determines that by granting of the relief requested herein : (a ) the orderly and reasonable use of adjacent properties or of adjacent use districts will not be prevented ; (b ) that the health , safety, welfare , convenience , comfort and order of the Town will not be adversely affected ; (c,) that the general purposes and intent of the zoning ordinance will be observed ; (d) the plot area is sufficient , appropriate and adequate for the reasonable use and anticipated 'operation thereof as planned herein ; NOW , THEREFORE , BE IT RESOLVED , that Committee-to-Elect George Sullivan , Box 837 , Southold , NY 11971 , be granted a variance to the Zoning Ordinance , Article XI , Section 100-110A, B (1 ) for permission to erect ground sign as applied for and SUBJECT TO THE FOLLOWING CONDITIONS : (a ) Written permission of property owner for sign erection in effect during the period this sign will be erected ; (b ) The..sign . shall not exceed the size four feet by six feet [4 ' x 6 ' ] and sh-all bear only the following , generally : Elect (name ) for (position ) . (c ) . Said sign shall not be less than five feet from any property. line ; and the bottom edge of said sign shall not b.e less than four feet above ground . (d ) Said sign may not be illuminated . Southold Town Board of Appeals -18- September 25 , 1980 (e ) This sign may not be erected prior to review by the Suffolk County Planning Commission . (f) This sign permit is terminable at once at the direction of the Board of Appeals of the Town of Southold . Location of property : South side of Main Road , Matt.ituck , - New York ; bounded north by S . R. 25 , Pumillo , Hallock , Berninger, and Jackson ; west by Matt-Agency, Inc . , Jarzombek , and Roth ; south by Litchholt .and Taylor ; east by Biliunas , Jackson , Ber- , ninger, Hallock and Pumillo ; County Tax Map Item No . 1000- 143-3-33 . 2 . Vote of the Board : Ayes : Messrs . . Grigonis , Doyen , Douglass , Goehringer and Sawicki PUBLIC HEARING : Appeal No . 2684. Application of North Fork Motel , Inc . ,. by Sam Rodland as agent , 55 Pilgrim Path , Huntington , NY 11743 , for a Variance to the Zoning Ordinance , Article VII , Section 100-70 for permission to change existing motel use to privately-owned units (or cooperative or condo- minium) use in a B-1 Zone . Location of property ; Corner of C. R. 27 and Soundview Avenue , Southold , NY ; bounded north by Soundview Avenue , east by C. R . 27 and Soundview Avenue ; south by C. R. 27 ; west by Kemper , Main , Zech and Larson ; County Tax Map Item No . 1000-135-2-23 . The Chairman opened the hearing at 9 : 18 , p .m . by reading the appeal application , showing notice of hearing and affidavits attesting to its publication in the local and official news- papers , Notice of Disapproval from the Building Inspector , and letter from the Town Clerk - that notification to adjoining property owners was made ; fee paid $15 . 00 . MR. CHAIRMAN : We have a section ' of the County Tax Map and survey of the property itself. It sets . right in a triangle between Soundview Avenue and County 27A. Is there anyone here , Mr. Price , I understand who is going to take the floor? WILLIAM H .- PRICE , JR . : For the record I 'm William H. Price , Jr. , an att'or.ney in Greenport . . I have been. retained by North Fork Motel , Inc . subsequent to the making of this initial application . Before I proceed , I would like to .inform the Board at this time that I would like to make a short pre- sentation this evening , I know how the time of hearing is important to the Board , and request a recess to your next meeting to come forth with more. The reason for this request . is that after reviewing the file that you have before you , I do not believe that it is really clear what this applicant Southold Town Board of Appeals -19- September 25 , 1980 (William H . Price , Jr. continued ) : proposes to do.. Now , it says in the application that he is requesting condominium or individually-owned units . After discussing this matter with my clients , it appears that what they are intending on doing and what they would like to do is more of a cooperative venture , whereby the shares of stock in the North Fork Motel , Inc . would be conveyed out to individuals-- the .stock itself would - be in conjunction with the conveyance of the stock each shareholder would thereupon receive a perpetual lease for one of the units . What they envision is no change really to the use . It ' s really a change of ownership. Now , questions have arisen as to whether or not this proposal would be approved by the N . Y . S . Attorney General . All cooperative and condominium projects in the State of New York are. required to fi.le .a prospectus with the Attorney General ' s ,Office which is a very lengthy and technical document in there--some regula- tions in there that may not be able to be met. But as I said and as the application stated , there are no plans at the moment to change the physical plan , and in actuality there is no true plan to change the use . What is further envisioned is that these individual shareholders with their perpetual leases will have the right to turn these units over to a management corpora- tion and the units will be rented out just as though they were motel or hotel rooms . However , the individual could--the individual shareholder could use that particular unit whenever that individual wanted to without having to pay any rent for the night . So , that ' s basically what we ' re proposing. If that were approved , if that could be approved by the Attorney General ' s Office ,, then what we would have would be a situation .more analogous to a hotel as opposed to actual condominiums or cooperatives . Your definition of a hotel is basically a building occupied as more or less temporary abiding place of individuals who are lodging with or without meals in which t.here are more than 10 rooms usually. occupied singly , and then which no provision is made for cooking in any room or individual apartment . This is as opposed to a multi -family use or a multiple-dwelling use . Dwelling under your zoning ordinance is defined as a building or portion thereof-- well -- I missed that . Dwelling unit -is defined as a building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family. At the moment we don ' t envision o-f putting in housekeeping facilities . No stoves and refrigera- tors and things like that . And it goes on , the definitions state that a house trailer, boarding or rooming house , convalescent home , fraternity , or sorority house , hotel., motel and lodging or nursing .or other similar .home or other similar structure shall not be deemed to constitute a dwelling unit. So you see that if the Attorney General will permit such an arrangement as proposed , it really is no change of use . Now I am at a loss as to the exact procedure that the applicant should be following before this Board and .I feel also the Planning Board . There are no actual provisions in your Zoning Ordinance to deal with a situation like this . However , if this were a proposed multi -dwelling project , Southold Town Board of Appeals -20 September 25 , 1980 (William H . Price , Jr . , Esq . continued ) : we would them need a use variance , because we would have dwelling units . And if it were under either one of your multi -dwelling zoned provisions , we would have to go before the Planning Board for site plan approval, . If it were construed more analogous to a hotel , that would be .a permitted use under the current zoning , which is B-Business . But it would be subject to obtaining a special exception from this Board determining whether or not such a use would be appropriate , and then the details would have to be .ironed out before the Planning Board . So I 'm not truly sure as to how we should be proceeding at this time . I tried to contact your Town Attorney , and he - appears to be out of town at the moment. Would any of you have any questions concerning what we ' re asking for? MEMBER GOEHRINGER : . Mr. Price , when this was first brought up to me , I immediately wanted to know if anything like this existed in the Town . And you I think just answered that ques- tion by saying there is no provision , so therefore it probably doesn ' t exist. My question to you is the closest thing I could consider it to would be that of Commojanal Point , ok? MR. PRICE : Yes . MEMBER GOEHRINGER : Which is basically a corporation of 13 acres of some' 1.2 owners own" individual dwelling units , and each person owns them collectively and then they lease them back . MR. PRICE : . Perpetual lease . -Yes . MEMBER GOEHRINGER : Right. Now , is it something similar to that? MR. PRICE : Yes , it would be . It ' s the same form of ownership. However , when Kimocenor Point was formed , which I believe was either 1912 or 1914 , I can ' t remember the exact date , there was no uniform condominium and cooperative act throughout the States and they did not have to conform with such regulations that we do today . They were also areas , I believe , in .the section of Westchester ' s County that became part of Brooklyn , where there are also such ownership forms that predated this uniformed act . Mr . Doyen , do you have a question? MEMBER DOYEN : I just wondered why you simply just couldn ' t have 41 owners? Are there any of the laws. that say you can ' t have 41 owners? MR. CHAIRMAN : They ' re trying to get it from the Attorney General . MEMBER DOYEN : I mean a more simple way--just 41 owners? Two people can own it , can ' t they? Southold Town Board of Appeals -21 - September 25 , 1980 MR. PRICE: Well , you see--they have this uniformed act , and there is a possibility that you could have long-term leases for each one of the units , and there would be technically no problem. However, the Attorney General would view that as an end run around his regulations. There are two different -types of ownership. There is the condominium . ownershi.p where everyone actually has an ownership interest in the actual unit that they are in , and they can mortgage it , and liens can be filed against that particular unit. In the cooperative type of ownership , you can ' t go .out and get financing because the en- tire complex has to be mortgaged . You can ' t have an individual mortgage on an individual unit . And one of the advantages of having a cooperative endeavor is that the property can be depreciated , and each one of the individual owners can take, their pro rata share of the depreciation each share , and it .can be set up in various numbers of ways concerning what can be done with- a particular unit--do they need approval of the Board of Directors to .do something different with it--can you own two adjoining units--how many votes you get--what kind of dues there are--must you participate. with the management . Those are the different types of items that have to be dealt .with with the Attorney General . Before this Board , we have to ascertain whether or not this is in fact a change of use ; and if it is . a change in use , is it an appropriate use for this particular area . One point that should be mentioned is that this triangular piece as it was referred to is an island of business district up on the North Road there . The property next to it isn ' t business . Across the street isn ' t business . And if that is the case we run into the next question , that now then is it a nonconforming use? If it ' s a nonconforming use , we would have the right under your zoning . ordinance to upgrade .that . And a multi -family dwelling is an upgrading of a hotel and a motel . But what my clients want to do is to cooperate fully with the town and, let them know exactly what . . we ' re doing on every step that we take so that there are no hard feelings established , and we can work in conjunction with one another.. This type of ownership is becoming prevalent on the South .Shore;; and it is merely a matter of time before it starts to become more prevalent over . here . And if we can work together to establish procedures in this particular instance as to how it ' s developed , I believe it would be good of course for my clients and it will also be for the better of the Town. ' MR . CHAIRMAN : Right . MEMBER GOEHRINGER : Can I ask one more question? Is there any chance of this building being sold to an international corporation , like Time-Sharing Inc . or any of these large con- glomerates that sell individual units--or at least individual units on tremendously long-term bases to individuals interna- tionally? MR. PRICE : I don ' t know. I believe those types of Southold Town Board of Appeals -22- September. 25 , 1980 arrangements are done in conjunction with the managing body so that if you , for example., the travel business--you can sign up for travel clubs and . buy two weeks a year. at a number of loca- tions by signing up . What will happen to the ownership in the future , I can ' t tell you . There are no plans at the moment to do anything- along those ..lines ; but as you are well aware of zoning regulates the use and the development ; and the ownership is something that ' s completely beyond the control. of the govern- ment . MEMBER GOEHRINGER: No , I just meant were we goi.ng to expect to have a more of a transient group living in there Under this particular proposal rather than. .the transient group that uses it now. MR. PRICE : No , I would .imagine that it would be either approximately the same where the lessors of- the units would be coming out and possibly spending their vacation , and thereafter the units could be used . just . as though it w.as a motel . By driving into the parking lot you wouldn ' t be able .to tell if it was a motel or a coop . It ' s just the way it ' s .owned ; and how it ' s managed. we don ' t envision any more of a transient use and possibly less of a transient use . MR. CHAIRMAN : You also know this will have to go to County Planning too? MR . PRICE : Yes . But this is our first step to determine how we should go as far as the Town is concerned , and bring it to your attention that there has been a negative declaration by you as the lead agency under the SEQRA provisions stating that you did not feel that .this change as proposed would have any detrimental effects on .the environment. And I do not believe , as in the normal case where you have multi -family units going into an area where there were residential or a low -density area , I do not believe that this will put any additional burden on water or sewer or fire protection or any of the munilcipal services that are provided at that location . We ' re not going to .have an increase in population because of it . Is there anything else that MR . CHAIRMAN : Do any of the members have any more ques- tions ? (Negative ) ' MR. PRICE : . Now , may I suggest that you allow me .to write to Mr. Tasker to obtain an opinion as to how we should proceed from this point on? .MR . CHAIRMAN : . If you don' t we will . MR. PRICE : Well I will do that. And I will request from Mr . Tasker an opinion , and we will work with you . MR. CHAIRMAN : And you want to recess this until you-- Southold Town Board of Appeals -23- September 25 , 1980 MR. PRICE : Because it ' s recessed we do have to establish a date this evening , otherwise the notices will have to be republished . So if you would give us a date , if we have determined a procedure by that time we will proceed by that time--if not we will ask for another.�recess at that time to save the .publication costs . MR. CHAIRMAN : Will 30 days be enough for. you? SECRETARY : . If. would be better to set it fora regular meeting date . MR. CHAIRMAN : The . next one , w.ill be `November 6th , I think that this- MR . PRICE : Do you have one late in October, I ' m not going to be in Town the first-- MR. CHAIRMAN : October 16th and .the next one will be in November (6th ) . MR . PRICE : Ok , why don ' t we put it down for the 16th , and if Mr. Tasker has come up with an opinion by that time , we will try to proceed at that time . If not , well we ' ll just ask for another recess at that time . We have to determine first what we ' re doing here before this can be referred (to the County Planning Commission ) .and just giving them the papers that you have in your file. I don ' t believe that they ' re going to understand what we ' re asking for. MR. CHAIRMAN : And I think we ' ll turn this to our new member too . MEMBER GOEHRINGER : Are you going to .make a motion , Mr.. Chairman? MEMBER DOUGLASS : You have to hear the rest , of the people first . MR.. PRICE : . But I said at the end that I was going to ask for a recess . Now I will be here , and Mr. Laakso is here as well in case anyone has questions of us . MR. CHAIRMAN : Is there anyone else here that would want to speak in favor of this? Anyone here to speak against it? If not , I ' ll offer a resolution recessing this until October 16 , 1980 , and if everything is not ready we will recess it further from that time . Southold Town Board of Appeals -24- September 25 , 1980 On motion. by Mr. Grigonis , seconded by Mr. Goehringer , it was RESOLVED , that the matter ,of North Fork Motel , Inc . , Appeal No . 2684, be recessed until the October 16 , 1980 regular meeting .of this Board .. Vote of the Board: Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . INFORMAL DISCUSSION : Appeal No . .2736 . Application of Fanny Behlen Community Health Center , P .O . Box 659, Gr.eenport , New York for a. Special Exception to .the Zoning Ordinance , Art.icle III , Section 100-30 for permission to erect an ambulatory care clinic on residentially-zoned property located at the south side of Main Road (C . R. 28 ; also C. R. 27 ) , Greenport , NY ; County Tax Map Item No . .1000-40-3-3 . 1 . Mrs . Sher ley Katz appeared before the Board as to what steps should be taken concerning the project proposed for the Fanny Behlen Community Health Center. On August 14 , 1980 Abigail A. Wickham , Esq ., filed the Special Exception in behalf of the Fanny Behlen Community Health Center. On August. 1.5 , 1.980 . the Board of .Appeals made a resolution referring this project to the Southold Town Planning Board for site plan consideration inasmuch as their department . is also involved . On September 22 , 1980 Building Inspector George Fisher upon referral of the site plan from the Planning Board reflected his comments in a letter to Mrs . Katz . Also , noted on the site plan is .the question of insufficient frontyard setback per Article III , Section 100-30B (4 ) (a ) . In checking . with Mr. Fisher , it appears that variances also will be required. Mrs . Katz said the reason , briefly for the way. the plan is , is because of the contour of the land and angling the. building in order to get into the parking and escape .the north wind , as well as making use , of solar energy for the hot-water system. Mr. Fisher had indicated that there was a question as to which way the Code should be interpreted for this type of project and that the Board of Appeals should determine which is the proper permit--a variance or a special exception . Mrs . Katz asked to have this (these ) matters scheduled for the October 16th meeting because they are meeting with the con- struction people October 3rd and are anxious to move on it. Mrs . Katz said she would have the additional application (variance ) filed on Monday if the. Board would consider it for the agenda for October 16 , 1980 . The Chairman said the Board will be calling a Special Meeting soon . Southold Town Board of Appeals -25- September 25 , 1980 PETITION FOR RE-HEARING : Appeal No . 2586 , Decision of this Board made September 6 , 1979 .granting Richard and Roger Praetorius , 846 Westmoreland Avenue , Syracuse, NY 13210 approval of insufficient area and width as applied for , for property located at Westview. Drive , Mattituck , NY , more particularly known as County Tax Map Item No . 1000- 139-1 -4. Mr . All:en Dawe , Mr. George Morgan , Mrs . Rita Schmidt , Mr . Morty Phillips , Mr. Paul Murphy , among other property owners in the area of Brower Woods , Mattituck , appeared presenting a Petition with 20 signatures "resenting and objecting to the granting' of a variance of one lot into two undersized lots , Appeal No . 2586 , dated September 6 ,. 1979 , Article III , Section 100-310 [sic] " and seeking a reversal of decision for the following reasons : . . 1 . There is no consistent pattern of ownership in Brower Woods of narrow frontages and insufficient area to justify this variance. . Please note our proof by studying the survey covered by this petition . Many owners built on two or three lots . 2 . There is no reasonable hardship to the owner other than the loss of his contemplated profit . This is a selfish interest to try to gain, monetary advantage . Furthermore , we.. question whether two lots would bring Mr.. Praetorius any more money than one . . 3 . This variance will lower our property values and encourage other owners of vacant land to try and cut up their property. This will be true not only for adjoining owners but to ALL of Brower Woods . This is a hardship on ALL of us as against his one possible .hardship. We find this hardship not unique and it will change the character of the neighborhood. 4 . Your Board is supposed to be set up to protect the Town of Southold from over-development and population. density. You are breaking down the purposes and the spirit of the zoning ordinance by granting this variance . 5 . Water supply and sewage disposal are very critical in this area and your act increases. this shortage possibility. We are presenting this petition to the meeting on September 22 , 1980 [Planning Board] and hope the Town of Southold can exert enough pressure to reverse this decision . . . . Each of the property owners gave their..feelings for asking this reversal ofdecision . Southold Town Board of Appeals -26- September 25 , 1980 (Appeal No . 2586 - R. Praetorius continued ) : Member Grigonis moved to call for a rehearing regarding this original decision of this Board of September 6 , 1979 , and the motion was not seconded. The .motion was lost . Member Douglass moved not to call for a rehearing regarding this original decision of this Board of Septem- ber 6 , 1979 , and the motion was not seconded : The motion was lost . AeSERVED DECISION : . Appeal No . 272.8 . Appl .ication of Katie J . Dexter , Park Avenue , Mattituck , NY (by Gary Flanner Olsen , Esq . for a Variance to the Zoning Ordinance , Article III , Section . 100-31 for approval, of insufficient area . Loca- tion of property : North side of Park Avenue , Mattituck , NY ; bounded north and west by Chase ; south by Park Avenue ; east by Sark Equities , Inc ; County Tax Map Item No . 1000-123-1 -6 . After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking .a variance approving the insufficient area of two proposed parcels , zoned residential -agricultural , to wit , 37 , 500 square feet each and having 150 foot road frontage. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial ; . that if the variance is granted no substantial . detriment to adjoining properties will be created ; that the interests. of justice will be served by granting the relief requested ; that no .adverse• effect is produced on. available governmental facilities of any increased population ; that no substantial change will be .produced in the character of the neighborhood On motion by Mr. Grigonis , seconded by Mr. Doyen , it was RESOLVED , that Katie J . . Dexter, Park Avenue , Mattituck , NY (by Gary Flanner Olsen , Esq . . be granted a variance to the zoning ordinance , Article III , . Section . 100-31 approving the insufficient area of 37 , 500 square feet , as applied for, and subject to applic-ant ' s obtaining approval from the Southold Town Planning Board for the subject minor subdivision . Location of property: North side of Park Avenue , Matti - tuck , NY ; bounded north and west by Chase ; south by Park Avenue ; east by Sark Equities , Inc . ; County Tax .Map Item No . 1000-123-1 -6. Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . Southold Town Board of Appeals -27- September 25 , 1980 The .Chairman said a Special Meeting will be called for Friday , October 3 , 1980 in order to consider Fanny Behlen Community Health Center for set-up on October 16 ; 1980 . The meeting was tentatively set for 4: 30 o ' clock p .m . RESERVED DECISION : Appeal No . 2733 . Application of George Ahlers , 855 Eugene ' s Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article III , Section.. 100-32A for. permission to construct to exceeding height limitations at 855 Eugene ' s Road , .Cutchogue , NY . This matter was reserved from the August 28 , 1980 regular_meeting of this Board . After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking a variance to the zoning ordinance for' permission to erect a 60-foot high radio tower in the rearyard area . .The premises in question is a parcel of. land. containing approximately 15 ,993 square feet in area , with 100 ' road frontage off Eugene' s Road , and zoned A=residential . There is presently .existin-g on' the premises a one-story frame house with attached garage , in-ground swimmingpool and small shed at the northeast corner. On August 15 , 1980 this matter- was referred to the Federal Communications Commission ; and . their only response . was they could not determine transmission interference until the tower was constructed and utilized. The Board finds the circumstances present in this case are unique , and strict application of .the ordinance would produce practical difficulties or unnecessary hardship . The Board believes the granting of a variance in thi.s. 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. . Goehringer, it was RESOLVED , that George Ahlers , 855 Eugene ' s Road , Cutchogue , New York be granted a variance to the Zoning Ordinance , Article III', Section 100-32A permitting to construction of a radio tower approx.imately 60 ' high as applied for and subject to conformance with the regulations and requirements of the Federal Communications Commission as may be applicable under the circumstances . Southold Town Board of Appeals -28- September 25 , 1980 Location of property: 855 Eugene ' s Road , Cutchogue , NY ; bounded north by Zabriski , west- by Ward , south by Eugene ' s Road , east by Erickson ; County Tax Map Item No . 1000-97-2-18. Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . RESERVED DECISION : Appeal No . 2738 . Application of Edgar J . Smith , Jr. , 26 Lefurgy Avenue , -Hastings-on-Hudson , NY 10706 , for a Variance to the Zoning Ordinance , Article III , Section 100-31 for . permission to construct addition to exist- ing dwelling with insufficient front and;-r.earyard setbacks . Location of property : Right-of-way off Village Lane -(West . Bay. Avenue ) , Orient , NY ; bounded north by Oyster: Pond Historical Society , west by Wainer , south by Orient Harbor, east by Fox. County Tax Map Item No . 1000-24-2-9. After investigation and personal inspection , the Board finds that applicant is seeking a variance for permission to construct a new room and perimeter deck on the existing one and one-half story frame house . There is presently existing on the premises the subject house and detached garage located in the northwest corner, as well as an existing functional bulkhead with dock. The area of the . subject premises is approximately 15 ,000 square feet . The Board finds and determines that the relief requested in relation. to the Code requirements is not substantial ; that if the variance is granted no substantial detriment to adjoin- ing properties will be created ; that no adverse effect or substantial change will be produced in the .character of the neighborhood ; that the circumstances herein are unique ; and that the spirit of the zoning ordinance will be observed . On motion by Mr. Douglass , seconded by Mr. Goehringer, it was RESOLVED , that Edgar J . Smith , Jr. , 26 Lefurgy Avenue, Hastings-on-Hudson , NY 10706 , be granted a . Variance to the Zoning Ordinance , Article III , Section 100-31 perm-itting the construction of the addition to existing dwelling with insufficient frontyard setback -of approximately 22 feet as applied for , and rearyard setback of approximately 45 feet as applied for in Appeal No . 2738. Location of property : Right-of-way off Village Lane (West Bay Avenue ) , Orient , NY ; bounded north by Oyster Pond Historical Society , west by Wainer, south by Orient Harbor , east by Fox . County Tax Map Item No . 10.00-24-2-9 . Southold Town Board of Appeals -29- September 25 , 1980 Vote of the . Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . RESERVED DECISION : Appeal No . 2739 . Application of June Cheshire , 9280 Sound Avenue , Mattituck, NY 11952 , for a Variance to the Zoning Ordinance , Article III , Sections 100-31 and 100-3.3 for permission to construct . addition to existing dwelling with an insufficient frontyard setback. Location of property : 9280 Sound Avenue ,' Mattituck , NY ; bounded north by Sound Avenue , east by Laudenbach , south by Sepko , west by Overholt ; County Tax Map Item No . . 1000-122-2-3. After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking a variance to construct bedroom and bath addition at the northwest front section .of the existing one-story frame house . The premises in question is a parcel of land containing approximately 19 ,000 square feet. Upon inspection of the surrounding area , the Board has found that the homes east of the subject dwelling are set back approximately 45 ', 37 ' , 40 ' , 42 ' and the homes west of the subject dwelling are set . back approximately 37 ' , 35 ' . The Board finds the circumstances . present in this case are unique , and strict application of the ordinance .would produce practical difficulties or unnecessary. hardship . The Board believes the granting 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. Goehringer , seconded by Mr. Douglass , it was RESOLVED , that June Cheshire be granted a Variance to the Zoning Ordinance , Article III , Sections 10.0-31 and 100-33 permitting the construction of an addition to existing dwelling with an insufficient setback in the ;'frontyard area of not less than 41 feet . Location of property : 9280 Sound Avenue ; Mattituck, NY ; bounded north by Sound Avenue , east by Laudenbach , south by Sepko , west by Overholt ; County Tax Map Item No . 1000-122-2-3 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . Southold Town Board of Appeals -30- September 25 , 1980 APPEAL NO . 2736 . Application of Fanny Behlen Community Health Center , Inc . for a Special Exception to establish an ambulatory health care clinic at the south side of North. Road , Greenport , NY. On motion by Mr. Goehringer, seconded by Mr. Douglass , it was RESOLVED , that the Chairman is authorized to send a letter to the N . Y . S . Department of Transportation for their input regarding the proposed project of the Fanny Behlen Community Health Center. Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . RESERVED DECISION : Appeal No . 2710 . Application of Dolores Strong , c/o Richard J . Cron , Esq . , Main Road , Cut- chogue , New York 11935 . Re-Hearing held September 25 , 1980 to reconsider the decision of this Board made on July 1 , 1980 wherein applicant requested permission to display and store openly boats and marine items outside of enclosed buildings , Article VI , Section 100-63 . On motion by Mr. Douglass , seconded by Mr. Grigonis , it was RESOLVED , to rescind the resolutions made by this Board concerning this variance application , Appeal No . 2710 , '` previously hereto . Vote of the Board : Ayes : Messrs . Grigonis , Doyen., Doug- lass , and Sawicki . Mr . Goehringer abstained . Southold Town Board of Appeals -31 - September 25 , 1980 RESERVED DECISION : Appeal No . 2710 . Application of Dolores Strong, c/o Richard J . Cron , Esq . , Main Road , Cut- chogue , New York 11935 .(continued ) : On Motion by Mr. Grigon.is , seconded by Mr . Douglass , WHEREAS , on August 26 , 1980 this Board received a formal request of applicant to consider an amendment to its decision of July 1 , 1980 ; and WHEREAS , this Board held a re-hearing on . September 25 , 1980 "to reconsider the decision of this Board made on July 1 , 1980 , wherein applicant requested permission to display and store openly boats and marine items outside of enclosed build- ings , " after duly posting notice therefor ; WHEREAS , the Board determines that by granting of similar relief : (a ) the orderly and reasonable use of adjacent properties or of adjacent use districts will not be prevented ; (b ) that the health , safety , welfare , con- venience , .comfort and order of the Town will not be adversely affected ; (c ) that the general purposes and intent of the zoning ordinance will be observed ; (d ) the plot area is sufficient , appropriate and adequate for the reasonable use and anticipated operation thereof as planned herein ; NOW , THEREFORE , BE IT RESOLVED , that Dolores Strong , Camp Mineola .Road , Mattituck , New York be granted a Variance to the Zoning Ordinance for permission to -openly store boats and related marine items outside of enclosed buildings SUB- JECT TO THE FOLLOWING CONDITIONS : (1 ) That applicant . obtain Southold Town Planning Board approval of the off-street parking plan pursuant to Article XI , Section 110-112 (100-112 sic ) of the Southold Town Code ; (2 ) That display of boats and related marine items be permitted only within five feet from the southerly property line for a length not exceeding the length of the stucco building plus twelve feet at the east side , for a total of approximately 62 feet long ; (3 ) That a wooden split-rail fence be erected and main- tained in the frontyard area bordering the area to be utilized for display or storage of marine items ; said fence not to be located closer than five feet from the southerly property line ; (4 ) That the Main Entrance of the stucco building will be either at the side or rear of the stucco building ; Southold Town Board of. Appeals -32- September 25 , 1980 (5 ) That the existing .front entrance of the stucco build- ing be used only for emergency purposes ; (6 ) That the westerly side of the stucco building will remain open and unobstructed at all times [never to be used for storage or display] ; (7 ) That the easterly side of the stucco building will remain open and unobstructed for a minimum of TO ' for egress and ingress [never to be used for storage or display] ; (8 ) That a directional " PARK IN REAR ONLY" sign be placed on the split-rail fence , not to exceed t.he .size two feet by four feet ; (9 ) That this matter. be reviewed by the Suffolk County Planning Commissio.n pursuant ..to Section 1332 of the Suffolk County Charter . Location of property : 11455 Main Road , Mattituck , New York ; bounded north by Mileska , south by Burgon , west by Wickham, east by Main Road. County Tax Map Item No . 1000-142-2-17 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass,, and Sawicki . ` Mr. Goehringer abstained . On motion by Mr. Goehringer , seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; IT IS RESOLVED , that in Appeal No. 2743 , application of Leon Krementz for a Variance for permission to construct de- tached garage in .the front and/or side yard area , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant . to the New York State Environmental Qual.ity Review Act , Sections 617. 13 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required in the SEQRA standards of process by this department . (This declaration should not be considered a determination made for any other department or agency which may be involved . ) Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . Southold Town .Board of Appeals -33- September 25 , 1980 On motion by Mr. Goehringer , seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; IT IS RESOLVED , that in Appeal No . 2745 , application of Gus Dourmas , by William H. Price , Jr. , Esq . for a Variance for permission to .construct dwelling with insufficient front and -rear yard set.backs at property located at the corner of Manhanset Avenue and Landing Lane , Greenport , New York , this Board' determines that this project if implemented as planned herein is classified. as a Type II Action , not having F' a significant effect upon the environment ; and pursuant .to the New York State Environmental Quality Review Act, Sections 617. 13 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required i.n the SEQRA standards of process by this department . (This declaration should not be considered a determination made for any other department or agency which may be involved . ) Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . On motion by Mr. Goehringer, seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that 66 adverse effects were likely to occur to the environment ; and WHEREAS , this property. is located within 300 feet of tidal wetlands ; however constructed along the water-lying edge of this property is a substantial and functional bulk- head at least 100 feet in length.; IT IS RESOLVED , that in Appeal No . 2746, application of Eccles Pridgen , for a _Variance for approval of insufficient width of one parcel in a proposed minor subdivision located at the south side of Peconic Bay Boulevard , Laurel , New York , this Board determines that this project if implemented as planned herein is. classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the New York State Environmental Quality Review Act , Sections 617 . 13 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required in the SEQRA standards of process by this department . (This declaration should not be considered a determination made for any other department or agency which may be involved . ) Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass, Goehringer and Sawicki . Southold Town Board of Appeals -34- September 25 , 1980 On motion by Mr. Goehringer , seconded by Mr. Douglass , WHEREAS , app.licant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; and WHEREAS , the subject property does not appear to be located within. 300 feet of tidal. wetlands ; IT IS RESOLVED , that in Appeal No . 2747 , application of Yasar Gucer , for a Variance .for .permission to construct dwell - ing with . insufficient sideyards at 45 Osprey Nest Road , Greenport , this Board determines that this project if implemented as planned h.erein is classified as a Type II Action , not having a significant effect upon the .environment ; and pursuant to the New York State Environmental Quality Review Act, Sections 617. 13 and 617 . 5 (a ) [SEQRA] , and the Southold Town Code , Sec- tion 44-4 , no further determination ,or procedure is required in the SEQRA standards of process by this department . (This declaration should not be considered a determination . made for any other department or agency which may be involved . ) Vote of the Boar.d : . Ayes : Messrs . Grigonis , Doyen , Doug- lass ,. Goehringer and Sawicki . On motion by Mr. Goehringer, seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form .which indicates that no adverse effects were likely to occur to the environment ; IT IS RESOLVED , that in Appeal. No . 2748 ; application of John and Ethel Moon for a Variance for permission to construct dwelling with insufficient frontyards at Bay Avenue , Cutchogue , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the New York State . Environmental Quality Review Act, Sections 617. 13 and 617 .5 (a ) [SEQRA] , and the Southold Town Code , Sec- tion 44-4 , no further determination or procedure is required in the SEQRA standards of process by this department . (This declaration should not be considered a determination made for any other department or agency which may be involved. ) Vote ' of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . s Southold Town Board of Appeals;.. -35- September 25 , 1980 On motion by Mr . Goehringer , seconded by Mr. Douglass , WHEREAS , applicant has submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; . WHEREAS , the subject property does not appear to be located within 300 feet of tidal wetlands ; IT. IS RESOLVED , that in Appeal No . 2749 , application of Dwight A. Horne for a Variance for approval . of insufficient area and width of t.wo- proposed . parcels to be established ,within a minor subdivision at Village Lane , Orient , New York , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the New York State Environmental Quality Review Act, Sections 617 . 13 and 617 . 5 (a) [SEQRA] , and the Southold Town Code , Sec- tion 44-4 , no further determination or procedure is required in the SEQRA standards of process by this department . (This declaration should not be considered a determination made for any other department or agency which may be involved . ) Vote of. the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . On motion by Mr.. Goehringer, seconded by Mr. Douglass , WHEREAS , applicant has submitted an envir.onmenta'l assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; WHEREAS , the subject property does not appear to be located within 300 feet of tidal wetlands ; IT IS RESOLVED , that in Appeal No . 2750 , application of Harry J . and Lillian A. Baglivi for a Variance for approval of insufficient area and width of' three proposed parcels to be established in a minor subdivision at the intersection of Nassau Point and Winneweta Roads , Cutchogue , New York , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the New York State Environmental Quality Review Act , Sections 617 . 13 and 617 . 5 (a ) [SEQRA] , and the Southold Town Code , Sec- tion 44-4, no further determination or procedure is required in the SEQRA standards. of process by this department . (This declaration shoul.d n-ot be considered a determination made for any other department or' agency which may involved . ) Southold Town Board of Appeals -36- September 25 , 1.980 Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Doug- lass , Goehringer and Sawicki . On motion by Mr. Goehringer , seconded by Mr. Douglass , it was RESOLVED , that the next regular meeting of this Board be and is hereby scheduled for Thursday , October 16 , 1980 at 7 : 30 o ' clock p .m. at the Southold Town Hall ,. and that the following appeals be scheduled and advertised for public hearings to be held on that date : 7 : 35 p .m. Leon and Pauline Krementz . Detached garage in the front and/or sideyard areas . 1640 First Street , New Suffolk , NY . 7 : 45 p .m. Gus Dourmas . New dwelling with insufficient front and rear yard setbacks .. Corner of Manhanset Avenue and Landing Lane , Greenport . 7 : 55 p. m. Eccles Pridgen . Approval of insufficient width of one proposed parcel to be established in a minor subdivision . South Side of Great Peconic Bay Boulevard , Laurel , NY . 8 : 10 P .M. Yasar Gucer. New dwelling with insufficient sideyar.ds . 45 Osprey Nest Road , Greenport. 8 : 25 p .m. John and Ethel Moon . New dwelling with insufficient frontyards . 6520 Bay. Avenue and 80 Haywaters Drive , Cutchogue , NY . 8 : 35 p .m. Dwight A. Horne. Approval of insufficient area and width of two proposed parcels to be established within a minor subdivision . 750 and 800 Village Lane , Orient , NY . 8 : 50 p .m. Harry J . and Lillian Baglivi . Approval of insufficient area and width of three proposed parcels . Nassau Point and Winnewata Roads , Cutchogue , NY . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . Being there was no further business to come before the Board , the meeting was declared closed at 11 :40 p .m. APPROVED Re pectfully submitted , inda F. Kowalski , Secretary Chairman Board of, ppeal �� �o ��d�t -f � Via} /9�