HomeMy WebLinkAboutZBA-12/19/1989 HEARING 1
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10 SOUTHOLD TOWN BOARD OF APPEALS
11 MEETING OF
12 DECEMBER 19 , 1989
Time: 7 : 35 p.m.
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14 MEMBERS ARE:
15 James Dinizio
16 Joseph H. Sawicki
Gerard P. Goehringer, Chairman
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Charles Grigonis
18 Serge Doyen, Jr. (Absent)
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RAM Court Reporting Service
216 Court St.,Riverhead,N.Y., (516)727-3168
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2 MR. GOEHRINGER: We wish you all a very
3 happy holiday season for everybody present in the
4 audience. This is the regular monthly meeting of
5 the Southold Town ZBA. The first hearing on the
6 agenda is on behalf of Matthew Cusumano. It' s
7 Appeal #3870 . The Notice reads as follows:
8 "Application #3870 , Variance to the
9 Zoning Ordinance, Article XXIII , Section 100-239d,
10 as disapproved, for permission to construct a deck
11 and other additions, proposed construction will
12 be less than 75 feet from water or wetlands and
13 will have insufficient front and rear yard setbacks.
14 Property location is 435 Briarwood Lane, Cutchogue,
15 County Tax Map No. 1000-136-01-01 . "
16 I have a copy of the survey from
17 Peconic Surveyors, most recent date is February
18 22 , 1989 , indicating the nature of this application
19 which is a proposed deck on the rear of the house,
20 it' s actually two front yards involved here, and
21 a copy of the Suffolk County Tax Map indicating
22 the surrounding properties in the area. Is there
23 somebody that would like to be heard?
24 MR. CUSUMANO: I 'm Matthew Cusumano.
25 MR. GOEHRINGER: Could I ask you to use
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727-3168
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2 the mike if you don' t mind.
3 MR. CUSUMANO: The proposed addition is the
4 small deck as you see by the drawing indicated.
5 Additionally, I have photographs of the front
6 yard and I think that it' s construing that the
7 front yard, really what it is is a dirt path at
8 the waterfront.
9 MR. GOEHRINGER: It' s on Wildwood Lane?
10 MR. CUSUMANO: That' s correct. The profile
11 of the land is such that .the elevation is
12 considerably higher in the rear yard. I would
13 estimate about 20 feet above sea level. And
14 there' s no violation of any of the vegetation
15 that would be part of the wetlands and I think
16 it really would not be an encumbrance on anyone
17 if the deck was constructed. As a matter of fact,
18 we submitted some photographs; everyone up and
19 down the creek, with the exclusion of our house,
20 has a deck on the rear yard.
21 MR. GOEHRINGER: This is drawn to scale,
22 this deck on the survey, to your knowledge?
23 MR. CUSUMANO: I believe so.
24 MR. GOEHRINGER: I was just wondering if
25 you were aware of what the actual distance between
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
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2 the concrete wall and the proposed deck would be?
3 MR. CUSUMANO: The concrete wall is set
4 back from the mean high water about 10 or 15 feet
5 and then from the wall to the deck, I would say
6 maybe it is about 25 or 30 feet.
7 MR. GOEHRINGER: I have 28 feet. How does
g that sound?
9 MR. CUSUMANO: Yes.
10 MR. GOEHRINGER: At its closest point.
11 MR. CUSUMANO: Yes, at the closest point.
12 MR. GOEHRINGER: At the farthest point it' s
13 about 30 feet?
14 MR. CUSUMANO: It' s about that.
15 MR. GOEHRINGER: And then on the Briarwood
16 Lane site, I have it as 23 feet.
17 MR. CUSUMANO: That' s about it.
18 MR. GOEHRINGER: Is that about right?
19 MR. CUSUMANO: I would say.
20 MR. GOEHRINGER: This deck is elevated,
21 Mr. Cusumano, to the view of the first floor area
of the house?
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MR. CUSUMANO: That' s correct.
23
MR. GOEHRINGER: So you' d be coming out of
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glass sliding doors.
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RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727-3168
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2 MR. CUSUMANO: That' s correct.
3 MR. GOEHRINGER: On the first floor?
4 MR. CUSUMANO: On the first floor.
5 MR. GOEHRINGER: And it will remain
6 unroofed?
7 MR. CUSUMANO: Yes. No roof.
8 MR. GOEHRINGER: All right.
9 I thank you for coming down and adding
10 to the Hearing. And I do want to apologize for
11 the time taken on this particular Hearing.
12 MR. CUSUMANO: I understand.
13 MR. GOEHRINGER: For some strange reason,
14 and maybe the reason is my fault for leaving you
15 off at the last Hearing, for that particular
16 reason we very rarely grant these things at the
17 Hearing, we usually work one Hearing behind, but
18 I ' ll offer a motion to grant this as applied for.
19 MR. SAWICKI : I ' ll second it.
20 MR. GOEHRINGER: All in favor?
21 THE BOARD: Aye.
22 MR. GOEHRINGER: Thank you. Have a happy
23 holiday.
24 The next Hearing is on behalf of Nicholas
25 Nickolaus and it' s appeal number is 3868 . The
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
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2 Notice reads as follows:
3 "Upon application the applicant, again
4 3868 , variance to Zoning Ordinance, Article XXIII ,
5 Section 100-239d A, as disapproved for permission
6 to construct addition to existing one-family
7 dwelling and accessory building, proposed
8 construction is less than 100 feet from bluff of
9 Sound in this R-80 Zone District. Property
10 location, 17555 Soundview Avenue, Southold.
11 County Tax Map Number 1000-51-01-02 . "
12 A copy of the survey from Roderick VanTuyl
13 P.C. , February 10 , 1981 , indicating the two story
14 frame house that' s on the property, I believe it' s
15 a brick house, and the nature of the application
16 is before us tonight. And I have a copy of the
17 Suffolk County Tax Map indicating the surrounding
18 properties in the area. Is there somebody that
19 would like to be heard?
20 MR. FEELEY: Yes.
21 MR. GOEHRINGER: Could I just ask you to
22 state your name for the record.
23 MR. FEELEY: My name is Lawrence Feeley,
24 I 'm the architect for Mr. Nickolaus, I 'm speaking
25 on his behalf. What we 've brought with us is an
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
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2 aerial of the property showing the existing
3 residences to the sides of the residence as it
4 exists . We've also brought, which I believe you
5 have in your possession, this drawing here which
6 shown the existing residence in the solid line and
7 the proposed additions . It' s colored in for you
8 to be able to see. What those additions entail
9 is a master bedroom addition on this end of the
10 house which would afford them the ability to keep
11 all the living space at one level. Being that
12 they' re going to use this for a future retirement
13 home, they decided that they would like to have
14 that at that level. This addition over here in
15 the front would be a breakfast area, two modest
16 additions, which would be a window extension to
17 restore some of the architectual character of the
18 house as it once existed and then a small kitchen
19 addition in the back. On this we 've also shown
20 all the set backs to the current structures and
21 the proposed structures and one that we would like
22 to point out is the set back which exists by the
23 existing pool structure retaining wall which is
20 feet. We haven' t infringed any closer to the
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top bluff with any of the new construction,
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RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727-3168
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1 2 any further towards the bluff in any of the
r 3 existing construction that exists.
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MR. GOEHRINGER: What is the use of the
5 cabana?
6 MR. FEELEY: The cabana is for the pool.
7 I have a plan of it here. It would mainly be for
8 the pool filtration. A small room for pool
9 mechanical and a small space for changing with
10 toilet facilities and a shower.
11 MR. GOEHRINGER: Okay.
12 MR. FEELEY: I could describe the additions
13 to you if you would a little more.
14 MR. GOEHRINGER: You can just show them to
15 us .
16 MR. FEELEY: The floor plan here shows the
17 master bedroom addition off to the east end,
18 some interior renovations in the master suite
19 which would become the toilet room, the new
20 breakfast room addition and these two little bay
21 extensions on the front and also the kitchen,
22 a solar extension in the back. That' s about it.
23 This is just elevation showing the character
24 that we' d like to establish in the house to bring
25 it back. Some additions that were done previous
RAM Court Reporting Service
216 Court St.,Riverhead,N.Y., (516)7273168
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2 to this we felt destroyed some of the
3 architectil_�.a]_ character of the house and we want
4 to restore it back without redoing in the front
5 here.
6 MR. GOEHRINGER: Okay. We thank you very
7 much. Is there anybody else who would like to
8 speak in favor of this application? Is there
9 anybody who would like to speak against the
10 application? What about the Board Members?
11 What is your time limit on this; are you going to
12 try and build. this this winter ?
13 MR. FEELEY: I would think that we will
14 be waiting until the springtime. One thing I
15 did fail to mention is that some of the grade in
16 the back we were going to leave as existing and
17 we ' re not going to build it up.
18 MR. GOEHRINGER: Okay.
19 MR. FEELEY: And also that the addition
20 is cumulative of the whole structure. It' s
21 20 percent of the floor area.
MR. GOEHRINGER: Okay. We may address it
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23 tonight, I 'm not positive, but we ' ll see how it
goes. If not, it would be in about two weeks
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that we' ll address the decision. We thank you
25
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
�ZL�rttrrV.
S® ®Id Town hoard ®f Appeals
MAIN . ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.YT 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 , '198 9
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S,E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO,JR.
TYPE II ACTION DECLARATION
Appeal No. 3868
Project/Applicants: Nicholas Nickolaus
County Tax Map No. 1000- 51 -1 -2
Location of Project: 17555 Soundview Ave . , Southold , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Construct addition to .existing one family dwelling and accessory
building within 100 ft. from bluff of sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article- 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental. Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project'•be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .233 -
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
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_.:IY -`K?'•p Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y.. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS
Appl. No. 3868
Matter of NICHOLAS NICKOLAUS. Variance to the Zoning
Ordinance, Article XXIII, Section 100-239d a, as disapproved for
permission to construct addition to existing one family dwelling
and accessory building, proposed construction is less than 100
ft. from bluff of Sound in this R-80 Zone District. Property
Location: 17555 Soundview Avenue, Southold, County Tax Map No.
1000, Section 51, Block 1, Lot 2.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of NICHOLAS
NICKOLAUS, under Appeal No. 3868; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
andthe surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Soundview Avenue, Hamlet of Southold, and is identified
on the Suffolk County Tax Maps as' District 1000, Section 51,
Block 1, Lot 2.
2. This is an application for Variances from the Zoning
Code Article XXIII, Section 100-239d A, for permission to
construct addition to existing one family dwelling and accessory
building, proposed construction will be within 100 feet of the
Sound.
3 . Article XXIII , Section 100-239d (A) (1) , requires all
buildings located on lots adjacent to Long Island Sound and upon
which there exists a bluff or bank landward of the shore or
beach shall be set back not less than one hundred (100) ft. from
the top of such bluff or bank.
,
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Page 2 - Appl. No. 3868
Matter of NICHOLAS NICKOLAUS
Decision rendered January 9, 1990
4. The subject premises for the proposed cabana is known
and referred to as being 12' by 12' , and the proposed one story
additions are located west of the property line and will be 20'
by 22' and 12' by 141 .
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed cabana and additions in any
other location on the premises will require other variance
relief;
(c) that the area chosen for the cabana and additions is
not unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. 'Goehringer, seconded by Mr. '
Dinizio, it was
RESOLVED, to GRANT a Variance in the matter of the
application of NICHOLAS NICKOLAUS as applied under Appeal No.
3868 for the placement of cabana and additions to existing
dwelling, SUBJECT TO THE FOLLOWING CONDITIONS.
1. That the cabana only be used for storage purposes and
that it have no sleeping quarters.
Vote of the Board: . Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio, (Absent Joseph Sawicki) . This resolution was
duly adopted.
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GERARD P. GOEHRI GER, CI3 IRMAN ! .
1 10
2 gentlemen very much for coming here. Hearing no
3 further comments, I make a motion to close the
4 Hearing reserving a decision until later.
5 MR. SAWICKI : Second.
6 MR. GOEHRINGER: All in favor?
7 THE BOARD: Aye.
8 MR. GOEHRINGER: Thank you again.
9 The next appeal is appeal number 3881 on
10 behalf of Warren Augenthaler. The , legal Notice
11 reads as follows :
12 "On application the applicant 3881 variance
13 to Zoning Ordinance, Article III , Section 100-33 ,
14 for permission to construct accessory building in
15 front yard area. Property location is 7225
16 Nassau Point Road, Cutchogue, County Tax Map No.
17 1000-111-15-12 . "
18 A copy of a sketch of a survey from
19 R. V. VanTuyl this time, same organization, most
20 recent date February 28 , 1981 , indicating the
21 nature of this one and a half story frame house
which is placed on this property. But more
22
23 importantly the nature of this application is a
shed of eight by twelve placed in the front yard
24
area. And I have a copy of the Suffolk County Tax
25
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 11
2 Map indicating the surrounding properties in the
3 area. Is there somebody who would like to be
4 heard on behalf of this application? Mark, you' re
5 not here for the third Hearing tonight; are you?
6 MR. KNOBLOCH: Kevin. No.
7 MR. GOEHRINGER: Is there anybody who
8 would like to speak against the application?
9 Questions from Board Members? There being no
10 further questions I make a motion to close the
11 Hearing reserving a decision until later.
12 MR. SAWICKI : Second.
13 MR. GOEHRINGER: All in favor?
14 THE BOARD: Aye.
15 MR. GOEHRINGER: The next appeal is on
16 behalf of Michael and Claire Glew, it is appeal
17 number 3893 . The legal Notice reads as follows :
18 "On application the applicants 3893
19 variance to the Zoning Ordinance, 280-A approval
20 of access right-of-way, Article XXVIII , Section
21 100-281 B, to construct a one-family dwelling.
22 Property location is 61339 Main Road, Southold,
23 County Tax Map No. 1000-56-01-41 . "
24 I have a copy of the survey dated
25 January 26 , 1989 , from Roderick VanTuyl, P. C. ,
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
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2 indicating the 280-A status and the right-of-way
3 to wit: parcel of property of which these
4 applicants are presently on, which is Lot No. 2
5 of this subdivision which is 94, 829 square feet.
6 And the nature of this application is the access
7 to that. Would either one of you like to have
8 something to say?
9 MR. GLEW: No.
10 MR. GOEHRINGER: I know we never met you
11 before, Mike, but I did mention to Claire, with
12 her status in the Town Hall, that you are aware
13 that we had a 280-A approval on this particular
14 right-of-way already and that is the one that
15 Theodore Dowd had.
16 MR. GLEW: Right.
17 MR. GOEHRINGER: What we will do is
18 address the improvements that we were dealing
19 with with him. If we feel that those improvements
20 have to be enhanced in any way, we ' ll enhance them.
21 If not, we will just keep it status quo and
22 continue with the same improvements for your
23 property as well as his.
24 MR. GLEW: Okay.
25 MR. GOEHRINGER: All right. If you don' t
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
Southold Town Board ®f Appeals
MAIN . ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y': 11971
TELEPHONE (516) 765-1809
APPEALS BOARD "
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 , 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.f).R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
TYPE II ACTION DECLARATION
Appeal No. 3893
Project/Applicants: Michael and Claire Glew
County Tax Map No. 1000-56-1 -4A
Location of Project: 61339 Main Rd. , Southold ; NY
Relief Requested/Jurisdiction Before This Board in this Project:
280-A Approval of access
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental -
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental. Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type .II
Actions. Pursuant to Section 617. 2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .23'3"
.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809. i
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Southold Town hoard ofAppeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
i
• TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR.
.?ACTION OF THE BOARD OF APPEALS
Appl. No. 3893
Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning
Ordinance, 280-A Approval of Access Right-of-Way, (Article
XXVIII, Section 100-281 B, construct a one family dwelling) .
Property Location: 61339 Main Road, Southold, County Tax Map
No. 1000, Section 56, Block 1, Lot 41.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of MICHAEL
AND CLAIRE GLEW, under Appeal No. 3893; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Main Road 25 S.R. , Town of Southold, and is identified
on the Suffolk County Tax Maps as District 1000, Section 56,
Block 1, Lot 41.
2 . This is an application for Variances from the Zoning
Code 280-A Access Right-of-Way, (Article XXVIII, Section 100-281
B) , for permission to construct a one family dwelling.
t
Page 2 - Appl. No. 3893
Matter of MICHAEL AND CLAIRE GLEW
Decision rendered January. 9; 1990
3. 280-A Approval of Access of Right-of-Way, Article
XXVIII, Section 100-281 B., No building permit shall be issued
for the construction or alteration of any building upon a lot
without access to a street or highway as provided by 280-A of
the Town Law.
4. In considering this application, the Board finds and
determines:
(a) That the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method .for appellants to
pursue;
(c) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(d) that in carefully considering the record and all. the
above factors, the interests of -justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Dinizio, it was
E
Page 3 - Appl. No. 3893
Matter of MICHAEL AND CLAIRE GLEW
Decision rendered January 9, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of MICHAEL AND CLAIRE GLEW as applied under Appeal
No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the road be width widen to 12 ft. north of
railroad crossing for a distance of approximately 680+- ft. , to
beginning of subject property.
2. Grade. road at R.R. crossing with additional fill to
provide grades not more than 8% with 1 on 4 side slopes. Use
material containing 150 or more of small gravel, sand and 150 or
more of loam.
3 . Place a 2" compacted surface of 3/4" stone blend on
the 12 ft. width.
4. Last 250+- ft. (12 ft. width: Do any necessary
clearing to provide 3 ft. of clearance on sides of road.
5. A profile should be submitted indicating how this 250
ft. length road will meet the present road as updated.
6. Remove topsoil for 12" . Replace with compacted
material same as shown at 2. Note: . The profile will indicate
depth of replaced material which should not be less than 611 .
7 . The purpose and cause of this enhanced 280-A approval
is to maintain access of proposed 94,829 sq. ft. lot of minor
subdivision, therefore, improvements are to be made only to
beginning of this .lot. (shown as lot #2 on minor subdivision lot
Dated: 1/26/89 R. Van Tuyle) , remaining improvements are
contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987 .
8. That final approval for the road shall be inspected by
Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, and Dinizio (Absent: Joseph Sawicki) . This resolution
was duly adopted.
df
ERARD P. OE INGER, -'CHAIRMAN
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2 have any objection to that, we' ll continue on.
3 MR. GLEW: Thank you.
4 MR. GOEHRINGER: Is there anybody else
5 who would like to speak in favor of this
6 application? Anybody that would like to speak
7 against the application? Questions from Board
8 Members? Okay. Hearing no further questions,
9 I make a motion to close the Hearing reserving
10 decision until later.
11 MR. SAWICKI : Second.
12 MR. BOEHRINGER: All in favor?
13 THE BOARD: Aye.
14 MR. GOEHRINGER: Thank you very much for
15 coming here. The next appeal is appeal number
16 3873 on behalf of Vinko Naletilic. It' s appeal
17 number 3873 . The legal Notice reads as follows :
18 "On application the applicant 3873 variance
19 to the Zoning Ordinance, Article III A, Section
20 100-30 A. 3 , for permission to construct a deck
21 addition, construction exceeds permitted lot
22 coverage of this R-40 Zone District. Property
23 location is 780 Orchard Street and 1300-2nd
24 Street, New Suffolk. County Tax Map No.
25 1000-117-07-22 . "
RAM Court Reporting Service
216 Court St.,Riverhemd, N.Y., (516)9293168
1 14
2 I have a sketch of a survey cutoff. It
3 appears to be Gordan K. Ellers. And there' s
4 no date on it. The nature of this application
5 is a one-story frame residence which appears to
6 have a deck addition to the rear of the property,
7 the rear of the dwelling I should say. I 'm just
8 trying to read the dimensions . It appears it' s
9 14 feet 4 inches and I think that' s 31 feet, but
10 I ' ll ask the applicant. It looks approximately
11 40 feet from the rear property line. And I have
12 a copy of the Suffolk County Tax Map indicating
13 this and surrounding properties in the area.
14 Is there somebody that would like to be heard on
15 behalf of this application? I 'm not going to say
16 it' s going to be short night tonight because I
17 know what happens when I say that. Is there
18 anybody who would like to speak against the
19 application? Questions from Board Members?
20 Hearing no further questions, I ' ll make a motion
21 to close the Hearing reserving decision until
22 later.
23 MR. GRIGONIS : Second.
24 MR. GOEHRINGER: All in favor?
25 THE BOARD: Aye.
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
A
r Cold Town Board of ls
Appea
South
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y: 11971
,V TELEPHONE (516)765-1809
APPEALS BOARD
MEMBERS
.GERARD P. GOEHRINGER, CHAIRMAN December 195 1989
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
TYPE II ACTION DECLARATION
Appeal No. 3873
Project/Applicants: Vinko Naletilic
County Tax Map No. 1000- 117-7-22
Location of Project: 730 Orchard St. & 1300 2nd St. , New Suffolk, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct a deck• addit.ion which will exceed permitted lot
coverage
This Notice is issued pursuant. to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809. I
me
�c�VFFOLki�
z ..
T Southold Town Board of Appeals
�'.''`:•: �y�. MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3873
Matter of VINKO NALETILIC. Variance to the Zoning r
Ordinance, Article III A, Section 100-30 A.3, for permission to
construct a deck addition, construction exceeds permitted lot
coverage of this R-40 Zone District. Property Location: 780
Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map
No. 1000, Section 117 , Block 7, Lot 22.
WHEREAS, a public hearing was held 'and concluded on
December 19, 1989 in. the matter of the Application of VINKO
NALETILIC under Appeal No. 3873; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south of
--Orchard Street, Town of New Suffolk, and is identified on the
Suffolk County Tax Maps as District 1000, Section 117, Block 71,
Lot 22.
2. This is an application for Variances from the Zoning
Code Article III A, Section 100-30 A. 3 , for permission to
construct a deck, proposed construction will have insufficient
lot coverage.
Page 2 - Appl. No. 3873
Matter of VINKO NALETILIC .
Decision rendered January 22, 1990
3 . Article III A, Section 100-30 A.3 , No building or
premises shall be used and no building or part thereof shall be
erected or altered in the Low-Density Residential R=40 District
unless the same conforms to the requirements of the Bulk
Schedule and of the Parking Schedule, with the same force and
effect as if such regulations were set forth herein in full.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to f
pursue; and placing the proposed deck in any other location on
premises will still require other variance relief;
(c) that the area chosen for the deck is not unreasonably
located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the -Town;
(e) that in carefully considering the record and all the
above factors, the . interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Dinizio, it was
Page 3 - Appl.. No. 3873
Matter of VINKO NALETILIC
Decision rendered January 22, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of VINKO NALETILIC as applied under Appeal No. 3873,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck remain open and unroofed.
2. That there be no further building, or expansion of
decks, etc, on this premises.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
1 15
2 MR. GOEHRINGER: All right. The next appeal
3 is on behalf of Charles Malone, 3879 . The legal
4 Notice reads as follows:
5 "Again, appeal 3879 , variance to the Zoning
6 Ordinance, Article XXIII , Section 100-230C (1) ,
7 100-231 A. , for permission to construct a 6 foot
8 fence in front yard area, fence exceeds 4 feet in
9 height. Property location is 358 North Sea Drive,
10 Southold. County Tax Map No. 1000-54-05-19 . "
11 I have a pen sketch of the property and
12 the nature of this application which is a 6 foot
13 high fence on the west side of this particular
14 piece of property. It appears that Mrs . Malone
15 is not in the audience tonight; is that correct?
16 I ' ll make a motion at the outset of this to
17 recess this Hearing without a date until I find
18 out when they can come. I ' ll speak to her. Is
19 there anybody that would like to speak concerning
20 this Hearing either pro or against? Seeing no
21 hands, I ' ll make a motion recessing the Hearing
22 with no date.
23 MR. DINIZIO: Second.
24 MR. GOEHRINGER: All in favor?
25 THE BOARD: . Aye.
RAM Court Reporting Service
216 Court St.,Riverhewd, N.Y., (516)727-3168
_ n Southold Town Board ®f Appeals
I
1 T f
�" '� '„s✓.• �j� `� MAIN .ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y: -11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 , 1989
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. S.E.n.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
TYPE II ACTION DECLARATION
Appeal No. 3879
Project/Applicants: Charles Malone
County Tax Map No. 1000- 54-5-19
Location of Project: 358 North Sea Drive , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct a 6 ft. fence in frontyard area.
Fence exceeds 4 ft'. in height
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental. Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 . 2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .23*3 .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
EALS BOARD MEMBERS nr, SCOTT L. HARRIS
��•. .:�;z'ti. t.�.•.' ���
f _"V 'Wit Supervisor
Gerard P. Goehrin er, Chairman
Charles Grigonis, Jr.. . Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3879 r
Matter of -CHARLES MALONE. Variance to the Zoning
Ordinance, Article XXIII, Section 100-230 (1) , Section 100-231
A, for permission to construct a 6 ft. fence in frontyard
area,fence exceeds 4 ft. in height. Property Location: 358
North Sea Drive, Southold, County Tax Map No. 1000, Section 54,
Block 5, Lot 19.
WHEREAS, a public hearing was held and concluded. on
February 15, 1990 in the matter of the application of CHARLES -
MALONE under Appeal No. 3879; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, ' its present zoning,and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Sound View Avenue, Town of Southold and is identified on
the Suffolk County Tax Maps as District 1000, Section 54, Block
5, Lot 19 .
2. This is an application for Variances -from the Zoning
Code Article XXIII, Section 100-230 C ( 1) , Section 100-231 A,
for permission to construct a 6 ft. fence in frontyard area,
fence exceeds permitted 4 ft. in height.
Page 2 - Appl. No. 3879
Matter of CHARLES MALONE
Decision rendered February 15; 1990
3. Article XXIII, Section 100-230 C ( 1) , Section 100-231
A, Permitted obstructions. Cornices or cantilevered roofs may
project not more than two ( 2) feet into a required yard. Belt
courses, windowsills and other ornamental features may project
not more than six ( 6) inches into a required yard. Fences or
walls not over four (4) in height may be erected anywhere on the
lot, except as set forth in 100-232 herein. Paved terraces,
steps and walks (other than such as are needed for access to the
buildings on the lot) shall not project within. fifteen (15) feet
of a street . line or four ( 4) feet of a property line.
Article XXIII, Section 100-231 A, when located in the
front yard along the front lot line, the same shall not exceed
four ( 4). feet in height.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for the appellants to
pursue; and placing the fence in any other location on the
premises will require other variance relief;
(c) that the area chosen for the fence is not unreasonably
located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Grigonis, seconded by Mr.
Dinizio, it was
i
h
Page 3 - Appl. No. 3879
Matter of CHARLES MALONE
Decision rendered February 15, 1990 r
RESOLVED, to GRANT a Variance in the matter of the
application of CHARLES MALONE, as applied under Appeal No. 3879,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the fence not exceed 6 ft. in height and start 30
ft. from the beginning of the property line adjacent to the
Right-of-Way.
2. That the fence be established on the premises (not on
Right-of-Way and it is not to exceed 70 ft. in length.
df
GERARD P. G,OEHRINGER, CHAIRMAN.
c
1 16
2 MR. GOEHRINGER: We have about three or
3 four minutes until the next Hearing. I ' ll make
4 a motion, gentlemen, approving the minutes of the
5 following meeting, November 2 , 1989 , and
6 December 2 , 1989 .
7 MR. DINIZIO: Second.
8 MR. GOEHRINGER: All in favor?
9 THE BOARD: Aye.
10 MR. GOEHRINGER: All right. I guess we ' re
11 ready to begin.
12 The next Hearing is on behalf of Robert
13 Staples. It is appeal number 3886 . The legal
14 Notice reads as follows :
15 "Upon application the applicant 3886 ,
16 variance to the Zoning Ordinance, Article XXIII ,
17 Section 100-239d (C) , for permission to construct
18 a new dwelling adjacent to freshwater wetlands
19 in this R-40 Zone District, proposed dwelling
20 will be closer than 75 feet from freshwater
21 wetland. Property location is 785 Wilmarth
22 Avenue, Greenport. County Tax Map. No.
23 1000-41-01-07 . "
24 I have a copy of a survey by Roderick
25 VanTuyl, P.C. , September 28 , 1987 . It proposed
RAM Court Reporting Service
2i6 Court St.,Riverhead,N.Y.,(516)727-3168
1 17
2 a house of approximately 28 by 36 placed
3 approximately a little closer to the west side
4 of the property which is the nature of this
5 application and distance thereof to the remaining
6 freshwater wetland to the rear and a copy of
7 the Suffolk County Tax Map indicating the
8 surrounding properties . Is there somebody that
9 would like to be heard on behalf of this
10 application?
11 MR. STAPLES: Good evening. My name is
12 Robert Staples. I was born in Southold Town.
13 I have three children who were born here. I 'd
14 like to do anything that I can to see that they
15 stay here. It is my intent to build this house
16 to provide low income housing so that my children
17 may also remain in the community. My father
18 bought this property in ' 47 with the adjacent
19 property so that he could build a house for me.
20 It' s my intention now to continue this legacy
21 and build a house for my children. I started
22 this when my daughter announced her engagement
23 in ' 87 . Now, she ' s presented me a grandaughter
24 and I 'm still here before this Southold Town
25 bureaucracy. I would appreciate this Board
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 18
2 asking on this matter as soon as possible.
3 Thank you.
4 MR. GOEHRINGER: Thank you, Mr. Staples.
5 Is there anybody else who would like to speak . in
6 favor of this application? Would anybody like to
7 speak against the application? Questions from
8 Board Members?
9 MR. DINIZIO: Just were they held single?
10 MR. STAPLES: They' re in separate names,
11 the titles are separate.
12 MR. DINIZIO: They have been?
13 MRS . STAPLES: Since we bought it.
14 MR. STAPLES : Since they were originally
15 purchased.
16 MR. DINIZIO: That' s all I have.
17 MR. GOEHRINGER: It would be unkind of me
18 to have you leave this Hearing without my telling
19 you what my feelings are after viewing this
20 property and that is that I feel that some sort
21 of separation from this freshwater area and the
22 lot have to be made.
23 MR. STAPLES: I 'm sorry, sir, apparently
24 you haven' t done your homework. I have a letter
25 included in that form that' s from the Board of
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 19
2 Trustees of Southold Town and they so specified
3 a 5 foot separation bordering the wetland that
4 would be left in a natural state whern natural
5 vegetation would be encouraged. Is that sufficient.
6 MR. GOEHRINGER: No. I 'm proposing that
7 there be some sort of permanent barrier between
8 the two, be it either a retaining wall or something
9 of that nature.
10 MR. STAPLES: I 'm sorry, sir, I was born
11 and raised on these wetlands. You want me to put
12 a fence between me and the wetlands? I cannot
13 agree to that under any circumstances.
14 MR. GOEHRINGER: I 'm just telling you what
15 my opinion is, sir. I 'm only one of five people
16 on this Board. One of them is sick tonight.
17 That' s my particular opinion in looking at this .
18 I 'm telling you because if it ended up that way
19 I would want you to know where I came from.
20 MR. STAPLES: I 've lived there for 30 years
21 on this specific site.
22 MR. GOEHRINGER: I will be back down again
23 to look at the site before I make a decision on
24 this. I looked at it once already and I ' ll be
25 down again to take some more measurements .
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
In Southold
Town®w� ®ard ®f gals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516) 765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 1 9,- 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. TYPE II ACTION ,DECLARATION
Appeal No. 3886
Project/Applicants: Robert Staples
County Tax Map No. 1000-41 -1 -7
Location of Project: 785 Wilmarth Ave . , Greenpo.rt , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct a new dwelling adjacent to freshwater wetlands . Proposed
dwelling will be closer than 75 ft from wetlands
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental .Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .233 .
" J
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809 . r"
me
r .
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3886
Matter of ROBERT STAPLES. Variance to the Zoning .
Ordinance, Article XXIII, Section 100-239d (C) , for permission
to construct a new dwelling adjacent to freshwater wetlands in
this R-40 Zone District, proposed dwelling will be closer than
75 Ft. from freshwater wetlands. Property Location: 785
Wil.marth Avenue, Greenport, County Tax Map No. 1000, Section 41,
Block 1 . Lot 7 .
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of ROBERT
STAPLES under Appeal No. 3886; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Wilmarth Avenue, Town of Greenport, and is identified on
the Suffolk County Tax Maps as District 1000, Section 41, Block
1, Lot 7 .
2. This is an application for Variances from the Zoning
Code, Article XXIII ,Section 100-239d (C) , for permission to
construct a new dwelling adjacent to freshwater wetlands.
Page 2 - Appl. No. 3886
Matter of ROBERT STAPLES z Z,
Decision rendered January may. 1990
3. Article XXIII, Section 100-239d (C) , Notwithstanding
any other provisions of this chapter, the following setback
requirements shall apply to all buildings located on lots
adjacent to water bodies and wetlands:
C. All buildings located on lots adjacent to any
freshwater body shall be set back not less than seventy-five
(75) feet from the edge of such water body or not less than
seventy-five (75) feet from the landward edge of the freshwater
wetland, whichever is greater.
4. In considering this application,the Board finds and
determines;
( a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities; `
(b) that there is no other method for appellants to
pursue; and placing the proposed dwelling in any other location
on the premises will require other variance relief ;
(c) that the area chosen for the dwelling is not
unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience and/
or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly on motion Mr. Dinizio, Seconded by Mr.
Grigonis, it was
Page 3 - Appl. No. 3886
Matter of ROBERT STAPLES
Decision rendered January 22, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of ROBERT STAPLES as applied, SUBJECT TO THE
FOLLOWING CONDITIONS:
1 . That the contour line deviate the upland area of
the swamp.
2 . That there be straw/hay bales 3 ft. landward of the
stakes on contour line.
3 . That the bales be placed in the rear of the foundation
and 20' to the west and 20 ft. to the east of said
foundation.
4. That there be no filling in the entire rear yard of
the dwelling
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio (Absent Joseph Sawicki and Serge Doyen) . This
resolution was duly adopted.
df ar✓�����
GERARD P. GOEHRINGER, CHAIRMAN
1 20
2 MR. STAPLES: You' re talking about a fence
3 or a wall?
4 MR. GOEHRINGER: Some sort of wall. That' s
5 what I 'm proposing. But I 'm just looking at it.
6 I don't know if that will happen or whatever the
7 situation will be. But that' s what I 'm looking at.
8 Any other questions? Hearing no further questions,
9 I make a motion to close the Hearing and reserving
10 a decision until later.
11 MR. SAWICKI : Second.
12 MR. GOEHRINGER: All in favor?
13 THE BOARD: Aye.
14 MR. GOEHRINGER: Thank you very much for
15 coming ,in. The next appeal is in behalf of Joseph
16 and Lawrence Pearlstein. The legal Notice is
17 3984 and it reads as follows:
18 "Variance to the Zoning Ordinance,
19 Article XXIV, Section 100-244B, for permission to
20 to construct deck addition with insufficient front
yard setback. Property location is 2225 North
21
Sea Drive, Southold. County Tax Map No.
22
1000-54-04-23 . "
23
I have a copy of a survey from R. VanTuyl,
24
P.C. Most recent date is January 28 , 1982 ,
25
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
41
Southold Town Board of Appeals
`��•� �; ..yam;'- "= .;9Y
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.J., N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516) 765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 , 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
DAMES DINIZIO, JR." TYPE II ACTION DECLARATION
Appeal No. 3894
Project/Applicants: Joseph amd Lawrence Pearlstein
County Tax Map No. 1000- 54-4-23
Location of Project:
2225 North Sea Drive , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct deck addition with insufficient front yard setback
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 444-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2 ' '
For further" information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809.
me
0<5
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD .25 SOLITHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3894
Matter. of LAWRENCE AND JOSEPH PEARLSTEIN. Variance to the
Zoning Ordinance, Article XXIV, Section 100-244B, for permission
to construct deck addition with insufficient front yard
setback. Property Location: 2225 North Sea Drive, Southold,
County Tax Map 1000, Section 54, Block 04, Lot 23.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of LAWRENCE
AND JOSEPH PEARLSTEIN, under Appeal No. 3894; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding area; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
=side of North Sea Drive, Town of Southold and is identified on
the Suffolk County Tax Maps as District 1000, Section 54, block
04, lot 23 .
2. This is an application for Variances from the Zoning
Code Article XXIV, Section 100-244B, for permission to construct
a deck addition, proposed deck addition will have insufficient
front yard setback. ;
Page 2 - Appl. No. 3894
Matter of LAWRENCE AND JOSEPH PEARLSTEIN
Decision rendered January 22, 1990
3. Article XXIV, Section 100-244B, A nonconforming lot
separately owned and not adjoining any lot or land in the same _
ownership at the effective date of this Article and not
adjoining any lot or land in the same ownership at any time
subsequent to such date may be used, or a building or structure
may be erected on such lot for use, in accordance with all the
other applicable provisions of this chapter, provided that proof"
of such separate ownership is submitted in the form of an
abstract of title showing the changes of title to said lot which
abstract shall be in the usual form, shall be certified by an
attorney or, a company regularly doing such work in Suffolk
County or by a corporation duly licensed to examine and ensure
title to real property in Suffolk County and shall contain a
certification that, no contiguous property was owned by an owner
of the property involved since the date of any previously
applicable Zoning Law. Such lot shall be granted relief for
front side and rear yard dimensions as follows:
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed deck in any other location in
the front yard area will require other variance relief;
(c) that the area chosen for the deck is not unreasonably
located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
=above factors, the interest of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Grigonis, it was
f
f
Page 3 - Appl. No. 3894 '
Matter of LAWRENCE AND JOSEPH PEARLSTEIN
Decision rendered January 22, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of LAWRENCE AND JOSEPH PEARLSTEIN as applied under
Appeal No. 3894, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the deck not be any closer than 33 ft. of North
Sea .Drive.
2. That the deck remain unroofed and open.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio (absent Serge_,Doyen and Joseph Sawicki) . This
resolution was duly adopted.
df �7
GERARD P. GOEHRINGER,, CHAIRMAN
1 21
2 indicating a one-story frame home somewhat
3 elevated on North Sea Drive in Southold. The
4 nature of this application is a 12 by 32 foot
5 deck I believe. As the Pearlsteins are not here
6 tonight, it is my understanding that it is an
7 open deck and we would go with that interpretation
8 unless we hear something different. Is there
9 anybody that would like to speak in favor of .this
10 application? Is there anybody that would like to
11 speak against the application? Questions from
12 Board Members? Hearing no further questions, I
13 make a motion to close the Hearing reserving
14 decision until later.
15 MR. SAWICKI : Second.
16 MR. GOEHRINGER: All in favor?
17 THE BOARD: Aye.
18 MR. GOEHRINGER: The next appeal is on
19 behalf of Anthony Bolletino, it is appeal number
20 3892 . The legal Notice reads as follows:
21 "Upon application the applicant, 3892 ,
22 variance to the Zoning Ordinance, Article III,
23 Section 100-33 , for permission to construct an
24 accessory shed and gazebo in front yard area.
25 Property location is 16705 Main Road, Route 25 ,
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 22
2 East Marion. County Tax Map No. 1000-23-01-14 . 6 . "
3 I have a copy of a sketch of a survey,
4 it' s cut off on the name, the most recent date is
5 April 21st, it appears it' s 1988 . And the nature
6 of this application is a shed and a gazebo to
7 be placed on this particular piece of property
8 which I believe is presently in its location. And
9 I have a copy of the Suffolk County Tax Map
10 indicating this and surrounding properties in
11 the area. Kevin, would you like to be heard?
12 MR. KNOBLOCH: Yes . Just for the record
13 I 'm Kevin Knobloch. When my client applied for
14 his variance for the pool and tennis court back
15 in January of 1988 , they did not realize that they
16 were going to put a shed and a gazebo on the
17 property around the' pool and the shed for the
18 tennis balls and the tennis machine and so forth.
19 So that' s why we ' re back for a variance, so we
20 can be granted for a gazebo and a shed.
21 MR. GOEHRINGER: I haven' t spoken to you
22 about this since prior to your filing the
23 application and I think that that is probably
24 sometime back in September; wasn' t it, that we
25 p had this discussion?
1
RAM Court Reporting Service
216 Court St.,Riverhead,N.Y., (516)727.3168
1 23
2 MR. KNOBLOCH: Correct.
3 MR. GOEHRINGER: On a Saturday morning
4 over the telephone, telling me you were going
5 to bring this before us. Could you just give me
6 some indication, you don' t have to do it tonight,
7 on the actual distance that to gazebo is from
8 the property line on the east side and the
9 distance that the shed is from the west property
10 line? As I said, if you don' t have it right here
11 you can give it to us later.
12 MR. KNOBLOCH: The shed is 36 feet and the
13 gazebo is 65 feet. That' s approximately the
14 center.
15 MR. GOEHRINGER: In front of the swimming
16 pool?
17 MR. KNOBLOCH: Adjacent to it.
18 MR. GOEHRINGER: I 'm sorry. I 'm looking
19 at it differently. How big is the gazebo?
20 MR. KNOBLOCH: It' s 12 foot in diameter.
21 MR. GOEHRINGER: And how big is the shed?
22 MR. KNOBLOCH: the shed is 8 by 10 .
23 MR. GOEHRINGER: Okay. We thank you
24 very much for coming.
25 MR. KNOBLOCH: Thank you.
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
f,
Southold Town 100ard of Aealspp
y� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,-N.Y. 11971
._ TELEPHONE(516)765-1809
FAX No. (516) 765-1823
APPEALS BOARD
MEMBERS
December 19 ,. 1989
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR. TYPE Il ACTION DECLARATION
Appeal No. 3892
Project/Applicants: Anthony Bolletino
County Tax Map No. 1000- 23-1 -14 .6
Location of' Project: 16705 Main Rd . , East Marion , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct accessory shed and gazebo in front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 444-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2 ' '
33 .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
ry
ss
d .,.
� ` : `k5 Southold Town hoard ®f Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3892
Matter of ANTHONY BOLLETINO. Variance to the Zoning
Ordinance, Article III, Section 100-33 , for permission to
construct an accessory shed and gazebo in front yard area.
Property Location: 16705 Main Road, Route 25, East Marion,
County Tax Map No. 1000, Section 23, Block 1, Lot 14.6.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of ANTHONY
BOLLENTINO, under Appeal No. 3892; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas.; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Main Road, Route 25, Town of East Marion, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 23, Block 1, Lot 14. 6.
2. this is an application for Variances from the Zoning
Code Article III, Section 100-33, for permission to construct
accessory shed and gazebo in front yard area.
i
Page 2 - Appl. No. 3892
Matter of ANTHONY BOLLETINO
Decision rendered December 19, 1989
3. Article III, Section 100-33, In Agricultural-
Conservation and Low-Density Residential R-80, R-120, R-200, and
R-400 Districts, accessory building and structures or other
accessory uses may be located in required rear yard, subject to
the following requirements:
A. Such building shall not exceed eighteen (18) feet
in height.
B. Such buildings shall be set back no less than
three ( 3) feet ,from any lot like.
C. All such buildings in the aggregate shall occupy
not more than forty percent (40 0) of the area of .
the required rear yard.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed shed and gazebo in any other
location on the premises will require other variance relief;
(c) that the area chosen for the shed and gazebo is not
unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town:
(e) that. in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, Seconded by Mr.
Dinizio, it was
Page 3 - Appl. No. 3892
Matter of ANTHONY BOLLETINO
Decision rendered December 19, 1989
RESOLVED, to GRANT a Variance in the matter of the
application of ANTHONY BOLLETINO as applied under Appeal No.
3892, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the 8' by 10' shed to be placed 36+- ft. from the
west property line and 220+- ft. from the Main Road.
2. That the shed only be used for storage purposes.
3. That the Gazebo 'be 50+- ft. from the east property
line and 130+- ft. from the Main Road.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio, (Absent Serge Doyen and Joseph Sawicki) . This
Resolution was duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
1 24
2 MR. GOEHRINGER: Is there anybody else
3 that would like to speak in favor of this
4 application? Is there anybody that would like
5 to speak against the application? Questions from
6 Board Members? Hearing no further questions,
7 I make a motion closing the Hearing reserving
g decision until later.
9 MR. DINIZIO: Second.
10 MR. GOEHRINGER: All in favor?
11 THE BOARD: Aye.
12 MR. GOEHRINGER: We have two more minutes
13 before the Tarmin Hearing. We' ll take a two
14 minute recess. All in favor?
15 THE BOARD: Aye. '
16 (Recess taken from 8 : 14 to 8 : 18)
17 MR. GOEHRINGER: I need a motion to
18 reconvene.
19 MR. SAWICKI : So moved.
20 MR. GOEHRINGER: All in favor?
21 THE BOARD: Aye.
MR. GOEHRINGER: The next appeal is again
22
23 on behalf of Ernest Tarmin. It is appeal number
3888 . The legal Notice reads as follows:
24
"Upon application the applicant, again 3888 ,
25
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 25
2 variance to the Zoning Ordinance, Article III ,
3 Section 100-33 , for permission to construct
4 accessories; pool, tennis court and shed in
5 front yard area. Property location is 29833
6 Right-of-way off Main Road, Orient. County Tax
7 Map No. 1000-14-02-1 . 10 . "
8 Copy of a survey from Young & Young, most
9 recent date is October 15 , 1987 . I have a penned
10 in area showing a tennis court which appears to
11 be 60 by 120 , approximately 48 feet from the west
12 property line and 48 from the east property line,
13 or northeast, and I have a shed of approximately
14 20 by 20 which is approximately 53 feet from the
15 west property line. And I have a copy of the
16 Suffolk County Tax Map indicating this and
17 surrounding properties in the area. We' ll have to
18 get the placement, actual placement, of the pool
19 which is 20 by 40 . Is there somebody that would
20 like to be heard on behalf of this application?
21 There' s no one here representing Tarmin; is that
22 correct? Is there anybody that would like to speak
23 in behalf of this application? Is there anybody
24 that would like to speak against the application?
25 Questions from Board Members? The only question I
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727-3168
-� Southold Town Board of Appeals
v' MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1-, 'N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 1989
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO,JR. TYPE II ACTION DECLARATION
Appeal No. 3888
Project/Applicants.-
County Tax Map No. Erl%% t j4r2i1 < 10
Location of Project: 29823 .-ROW off .Main Rd. , Orient , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct pool , tennis court and shed in front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department Is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2 " J
33 .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
•, IJ
Southold Town Boa
rd ®f Appeals
g
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
I TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO,JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3888
Matter of ERNEST TARMIN. Variance to the Zoning Ordinance,
Article III, Section 100-33 , for permission to construct
Accessories; pool, tennis court and shed in frontyard area.
Property Location: 29823 Row off Main Road, Orient, County Tax
Map No. 1000, Section 14, Block 2, Lot 1.10.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of ERNEST
TARMIN, under Appeal No. 3.888; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning; and
the surrounding areas.; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of a private right-of-way which extends off the north side
of the Main Road at Orient, New York, and is-...identified on the
Suffolk County Tax Maps as District 1000, Section 14, Block 2,
_Lot 1.10.
2. This is an application for Variances from the Zoning
Code Article III, Section 100-33, for permission to construct
Accessories; pool, tennis court and shed in front yard area.
Page 2 - Appl. No. 3888
Matter of ERNEST TARMIN
Decision rendered January 9, 1990
,i
3 . Article III, Section 100-33, In the Agricultural-
Conservation and Low-Density Residential R-80, R-120, R-200 and
R-400, accessory buildings and structures or other accessory
uses may be located in the required rear yard, subject to the
following requirements:
A. Such buildings shall not exceed eighteen ( 18) feet in
height.
B: Such buildings shall be set back no less than three
( 3) feet from any lot line.
C. All such buildings in the aggregate shall occupy not
more than forty percent ( 40 0) of the area of the
required rear yard.
4 . In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the Accessories; pool, tennis court and shed
in any other location in the front yard will require other
variance relief;
(c) that the area chosen for the accessory pool, tennis
court and shed are not unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
-granting the variance, as applied conditionally noted below..
Accordingly, on motion by Mr. Grigonis, seconded by Serge
Doyen, it was
fi
Page 3 - Appl. No. 3888
Matter of ERNEST TARMIN
Decision render January 9, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of ERNEST TARMIN as applied under Appeal No. 3888,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the 20' by 20' shed be 53+- ft. from the west
property line.
2. That the shed be 700+- ft. from the right-of-way and
that it only be used for storage purposed, no sleeping quarters.
3 . That the 20' by 40' pool be 48+- ft. from the east
property line, 45+- ft. from the west property line and 840+-
from the right-of-way.
4. That the pool meet all State building code regulations
regarding fence and it is to remain unroofed.
5. That the 60' by 120' tennis court be 40+- ft. from the
west property line, 48+- ft. from the east property line, and
580+- ft. from the edge of the right-of-way.
6. That the tennis court remain unlit and that the fence
placed around said court not exceed 10 ft. in height.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
df
GERARD P. GOEHRIGNER, CHAIRMAN
1 26
2 have is where the approximate placement of the
3 swimming pool. He showed me where it was on
4 the property but I don' t know the actual
5 dimensions so we' ll have to give him a call.
6 I ' ll offer a motion to close the Hearing pending
7 receipt of the actual placement of the swimming
8 pool in the front yard of the house which is,
9 by the way, a 5 foot . 755 acre parcel on the
10 Long Island Sound.
11 MR. GRIGONIS : Second.
12 MR. GOEHRINGER: All in favor?
13 THE BOARD: Aye.
14 MR. GOEHRINGER: The next appeal is on behalf
15 of Mark and Ellie Gordon, a ppeal number 3887 .
16 The legal Notice reads as follows:
17 "Upon application of the applicant, again,
18 3887 , variance to the Zoning Ordinance, Article
19 III , Section 100-33 , for permission to construct
20 a tennis court in front yard area. Property
21 lcoation is 1019 Private Road #7 Fords Road,
22 Southold, which is a private right-of-way off of
23 South Harbor Road. Suffolk County Tax Map
24 parcel 1000-87-01-18 . 4 . "
25 I have a copy of a sketch of a survey with
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
1 27
2 no name on it indicating the nature of this
3 regularly shaped piece of property which the
4 nature of this application is a 60 by 120 proposed
5 tennis court. in the front yard area, size of the
6 property is approxiamtely 4 . 236 acres . This
7 tennis court is in the front yard, as I said,
8 and adjacent to the driveway after making the turn
9 into the largest part of the property. And it is
10 well before the main part of the house. I have
11 a copy of the Suffolk County Tax Map indicating
12 this and surrounding properties in the area. Would
13 you like to be heard?
14 MR. STOUTENBERG: Thank you, Mr. Chairman.
15 Peter Stoutenberg. Mr. Chairman and Members of
16 the Board, I 'm here for the most part to answer
17 any questions that you might have. I assume
18 you've been to the site and seen how it is staked.
19 Mark and Ellie Gordon spent some time looking
20 over their property just what particular area was
21 available for a tennis court and included DEC
22 considerations for their rear yard. It .was the
23 only site that we could come up with that was
24 either level or that, again, with DEC considerations
25 we could build on. They do own one of the piece of
RAM Court Reporting Service
216 Court St.,Riverhesd, N.Y.,(516)727-3168
1 28
2 property to the north of that which is a single
3 buildable lot and they had hoped not to, since
4 that seemed to be centered more amongst an
5 established community, they hoped not to have to
6 put the tennis court on that area. Again, if
7 there are any questions.
8 MR. GOEHRINGER: What is the approximate
9 distance, Peter, from the Dimara property?
10 MR. STOUTENBERG: The stakes that are set
11 there right now are 25 foot off of that right at
12 the edge of the right-of-way. If that is a
13 problem, I 'm sure that a 5 foot setback from
14 that would be acceptable for the Gordons. Any
15 more than that and they' re losing their
16 established drive on the eastern side.
17 MR. GOEHRINGER: What about fence height,
18 10 feet?
19 MR. STOUTENBERG: Ten foot on the north
20 and south and 4 foot on the east and west.
21 MR. GOEHRINGER: Okay. What about lighting?
22 MR. STOUTENBERG: There are no plans for
23 it at least in the proposal that I 've seen, but
24 I can' t say that' s not something they would like
25 to consider, particularly at a time of the year
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 29
2 that there is foilage and its unseen from that
3 property.
4 MR. GOEHRINGER: What about screening,
5 any idea of screening?
6 MR. STOUTENBERG: They could do anything.
7 I mean there are no plans for it again because
8 it' s in the middle of a wood lot and at this time
9 of year you can see a couple of shadows of houses
10 in there. I did get a response, I think I sent
11 through to you people from the one neighbor that
12 it would most affect, and he didn' t seem to have
13 any objections .at all. We discussed it with him.
14 I sent a little letter I think that' s in your file.
15 It is in the front yard as our laws our set up,
16 but as far as affecting people, I really see no
17 one who overlooks it or should be affected in any
18 way. But if there are questions or any
19 considerations from people in the audience, I 'd
20 be more than willing to address them.
21 MR. GOEHRINGER: Okay. Thank you very much.
22 Is there anybody who would like to speak in favor
23 of this application?
24 MR. HORN: Yes. My name is Alan Horn, and
25 I use the right-of-way adjacent to the proposed
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727-3168
1 30
2 lot and the stakes are kind of right -- I have
3 to avoid them when I 'm riding down the road.
4 So I was wondering if that was a little too close
5 or the right-of-way had to be moved or what the
6 story was with that. Unless I 'm really keeping
7 my eye on the sticks, I could side swipe them
8 without any problem. I think if there ' s a fence
9 there, I think there' s going to be a problem
10 bringing vehicles down there.
11 MR. GOEHRINGER: Is there anybody else who
12 would like to .speak. either before or against this
13 application? You said 5 feet was not a problem?
14 MR. STOUTENBERG: The road when it was put
15 in, as many are, was without a survey right to
16 the edge of that 25 foot right-of-way. When we
17 walked over the site, they' re going to be more
18 than acceptable to a 5 foot perimeter from that
19 which I 'm sure would be well off the established
20 road so it would be a 30 foot setback from that
21 property.
22 MR. GOEHRINGER: We' ll go back and
23 remeasure it and see if we' re happy with something
24 like that.
25 MR. STOUTENBERG: Even keeping the tennis
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
1 31
2 court that' s laid out now is for exterior
3 dimension, interior dimension would be 5 foot
4 less in width. So we 'd be more than happy to
5 accommodate that.
6 MR. GOEHRINGER: Thank you. Any questions
7 from Board Members :
8 MR. DINIZIO: I just have a question.
9 I don' t see any fence indicated on here, on mine.
10 I was wondering how high the fence would be .
11 MR. STOUTENBERG: The fence would be at
12 the dimensions that are indicated on there provided
13 you have the same survey. I think you have. The
14 height that they are looking for is the standard
15 10 foot on the two narrow ends which is traditional
16 and then dropping down to a 4 foot height at that
17 point. It projects 15 foot of either side. I can
18 send through some more updates if that' s necessary.
19 MR. DINIZIO: No. ' It just wasn' t
20 indicated. So I 'm clear on this. You' re willing
21 to go 5 feet to the east of that?
22 MR. STOUTENBERG: We ' re willing to hold a
23 fencing at a 30 foot setback of that westerly
24 line.
25 MR. DINIZIO: Which would be 5 feet from
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
1 32
2 where that stake is?
3 MR. STOUTENBERG: Yes. Right now it is set
4 on that. When we originally .went down there we
5 assumed that the right-of-way. was only ten or
6 twelve foot wide which was in the center of the
7 right-of-way. When it was staked out, we found
8 out that the road, of course, wandered .to the
9 east and was right on the .edge of that. We did
10 not go back and restake that. And having
11 discussed this with the owners they said, if
12 that was a consideration, they surely weren' t
13 opposed to moving the road to the center of the
14 right-of-way and they' d be willing to move the
15 tennis court another 5 feet. That still gets
16 everybody to the edge of their drive on the other
17 side.
18 MR. GOEHRINGER: Thank you. Does that
19 answer your question?
20 MR. DINIZIO: Yes, it does.
21 MR. GOEHRINGER: If there are no further
22 questions, I make a motion closing the Hearing
23 reserving a decision to later.
24 MR. SAWICKI : Second.
25 MR. GOEHRINGER: All in favor?
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS December 19 , 1989
GERARD P. GOEHRINGER, CHAIRMAN.
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.0.R.A.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR. TYPE II ACTION DECLARATION
Appeal No. 3887
Project/Applicants: Mark and Ellie Gordon
County Tax Map No. 1000-87-1 - 18. 4
Location of Project: 1019 Pvt. Rd. #7 Fords Rd . , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct a tennis court in front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 444-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617. 2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2 ' '
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809. ,
C
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Un Southold Town Board of Appeals
�• � " =�� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR.
ACTION OF THE BOARD OF APPEALS
App1. No. 3887
Matter of MARK AND ELLIE GORDON. Variance ,to the Zoning
Ordinance, Article III , Section 100-33 , for permission to
construct a tennis court in frontyard area. Property Location:
1019 Private Road #7 Fords Road, Southold, County Tax Map No.
1000, Section 87, Block 1, Lot 18. 4.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of MARK AND
ELLIE GORDON under Appeal No. 3887; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south
side of South Harbor Lane, Hamlet of Southold, and is identified
on the Suffolk County Tax Maps as District 1000, Section 87,
Block 1, Lot 18. 4.
2. This is an application for Variances from the Zoning
Code Article III, Section 100-33, for permission to construct a
tennis court in frontyard area.
3. Article III, Section 100-33, in Agricultural-
Conservation District and Low-Density Residential R-80, R-120,
R-200, and R-400 Districts; accessory buildings and structures
or other accessory uses may be located in the required rear yard_
Page 2 Appl. No. 3887
Mattes of MARK AND ELLIE GORDON
Decision rendered January 9, 1990
;.i
4. In considering this application, the Board finds and
determines:
(a) that there is no other method for appellants to
pursue; and placing the proposed tennis court in any other
location on the premises will require other variance relief;
(b) that the area chosen for the tennis court is not
unreasonably located;
(c) that the variance will not in turn cause a substantial.
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(d) that in carefully considering the record and all the
above factors, the interests of justice will be . served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Grigonis, Seconded by Mr.
Goehringer, it was
RESOLVED, to GRANT a Variance in the matter of the
application of MARK AND ELLIE GORDON as applied under Appeal No.
3887 for the placement of a 60' by 120' tennis court, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. That the tennis court be moved 5 ft. further east
(more center of lot) .
2. That the tennis court be no closer than 30 ft. from
the west property line and 100+- ft. from the north
property line.
3 . That the tennis court remain unlit and the fence does
not exceed 10 ft. in height.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
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GERARD P. GOEH INGER, CHAIRMAN
t
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1 33
2 THE BOARD: Aye.
3 MR. GOEHRINGER: Thank you very much for
4 coming in. The next appeal is on behalf of
5 Elizabeth Johnston, appeal number 3891 . The legal
6 Notice reads as follows:
7 "Variance to the Zoning Ordinance, Article
8 III, Section 100-32 . 4 (A) , for? permission to
9 construct a lap pool, accessory pools not permitted
10 in front yard area. Property location is right-
11 of-way off of Oregon Road, Cutchogue. County
12 Tax Map No. 1000-073-02-01 . "
13 A copy of a survey, the most recent date
14 fro::.; iloderick VanTuyl, P. C. , is November 7 ,
15 1986, which I believe the right-of-way was the
16 nature of a prior application before this Board.
17 It is shown on this survey as a penned in area
18 of a regularly shaped swimming pool approximately
19 12 by 45 in the front yard area. Is there anybody
20 here to represent the applicant?
21 MR. CHICANOWITZ : Mr. Chicanowitz from
22 Briarcliff Landscape. What we' re trying to create
23 there is basically a very naturalistic lap pool
24 for them in front of the yard which is a very
25 small piece of property, and we' re trying to
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727.3168
1 34
2 situate it as close -- since there' s no backyard
3 by the Sound, we ' re putting it in the front yard
4 which is in their approach area. And we've
5 narrowed the piece of property only because she
6 really wants to be a lap pool swimmer and
7 basically keep it very naturalistic. And there is a
8 natural buffer there now, from hedges and other
9 material, what have you, and basically want to try
10 to keep it that way during the construction and
11 after the construction.
12 MR. GOEHRINGER: Frank, when I was up there
13 I was alone so I did not have someone, and the
14 ground was frozen, so I didn' t have anybody to hold
15 up a tape for me. But can you give me some idea,
16 and you don' t have to do it tonight, you could
17 send it to us or give us a call, of the distance
18 from the east property line and the distance from
19 the right-of-way.
20 MR. CHICANOWITZ : The distance from the
21 east property line is about 10 feet off of the
22 east property line. It' s 27 feet off of the
23 south property line. We' re trying to give
24 ourselves enough area. There are cesspools in
25 there which we ' re trying to avoid as well, so we ' re
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.3168
Southold Town Bard ®f Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD L.I., N.Y. 11971
TELEPHONE (516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 1 9 , 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. TYPE II ACTION DECLARATION
Appeal No. 3891
Project/Applicants: Elizabeth Johnston
County Tax Map No. 1000- 73-2- 1
Location of Project: ROW off Oregon Rd. , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to construct lap pool in front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617. 2jj , this Department •is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.2 - '
33 .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY ,11971 at
(516) 765-1809.
me
-:�:
-s '?ya fi Southold Town Bo
ard of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR. .
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3891
Matter of ELIZABETH JOHNSTON. Variance to the Zoning
Ordinance, Article III, Section 100-32. 4 (A) , for permission to
construct a lap pool, accessory pools not permitted in frontyard
area. Property. Location: Row off Oregon Road, Cutchogue,
County Tax Map No. 1000, Section 073 , Block 02, Lot 01.'
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of ELIZABETH
JOHNSTON under Appeal No. 3891; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, ' the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
1. The premises in question is located along the north
side of Oregon Road, Cutchogue, County Tax Map No. 1000, Section
073, Block 02, Lot 01.
2. This is an application for Variances from the Zoning
:Code Article III, Section 100-32. 4 (A) , for permission to
construct a lap pool, proposed construction not permitted in
frontyard area.
Page 2 - Appl. No. 3891
Matter of ELIZABETH JOHNSTON
Decision rendered January 9, 1990
3. Article III, Section 100-31. 4 (A) , Garden house,
toolhouse, storage building, playhouse, wading pool, swimming
pool or tennis court incidental to the residential use of the
premises and not operated for gain, subject to the following
requirements:
(a) Any swimming pool shall be completely enclosed with a
permanent chain link (or similar type) fence of not more than
two-inch mesh, not less than four (4) feet in height, erected,
maintained and provided with a self-closing, self-latching .gate
to prevent unauthorized use of the pool and to. prevent
accidents, however, if said pool is located more than ( 4) feet
above the ground, then a fence is not required, provided that
all points of access to said pool are adequately protected by a
self-closing, self-latching. gate. Any swimming pool in existence
at the effective date of the provisions of this subsection
shall, within one (1) year from such date, comply with all of
the provisions hereof.
4. In considering this application, the board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and placing the proposed lap pool in any other location.
on the permises will require other variance relief;
(c) that the area chosen for the lap pool is not
unreasonably located;
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Goehringer, Seconded by Mr.
Dinizio, it was
Page 3 - Appl. No. 3893.
Matter of ELIZABETH JOHNSTON
Decision rendered January 9, 1990
RESOLVED, to GRANT a Variance in the matter of the
application of ELIZABETH JOHNSTON as applied under Appeal No.
3891, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the lap pool be 12 ft. by 45 ft. and remain
unroofed.
2. That the lap pool be 27+- ft. from the south property
line and 10+- ft. from the east property line.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Dinizio. (Absent Joseph Sawicki) . This resolution was
duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
1 35
2 trying to keep it to the south side without
3 digging up the cesspools. There is a propane
4 tank that' s got to be dug up and removed and moved
5 over in order to put this thing in there. And
6 it' s the only possible area within the property
7 line to do it. And that' s why we' re trying to
8 sneak it in there.
9 MR. GOEHRINGER: Thank you very much for
10 coming in. I appreciate it. Is. there anybody
11 else who would like to speak in behalf of this
12 application? Is there anybody that would like to
13 speak against the application? Questions from
14 Board Members? Hearing no further questions,
15 I make a motion closing the Hearing and reserving
16 decision until later.
17 MR. SAWICKI : Second.
18 MR. GOEHRINGER: All in favor?
19 THE BOARD: Aye.
20 MR. GOEHRINGER: The next appeal is on
21 behalf of Dickinson and Thompson. The legal Notice
22 reads as follows:
23 "Upon application the applicants, 3884 ,
24 Article I , Section 106-20 , for approval of
25 insufficient area in this pending division of land
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216 Court St.,Riverhead, N.Y.,(516)727.3168
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2 and bulk and parking regulations. The location
3 of the property is Main Bayview Road, Southold.
4 County Tax Map No. 1000-078-09-30 . "
5 I have before me a survey from Roderick
6 VanTuyl, P. C. , most recent date is August 17 ,
7 1989 , indicating two houses almost equally
8 separated on the corner of Main Bayview Road and
9 Cedar Lane in Southold. House number one which
10 is the house on Cedar Lane has a property square
11 foot area of 22 , 910 square feet and the property
12 which is equally also but not on Cedar Lane on
13 Main Bayview Road is 22 , 898 square feet. And,
14 the copy of a letter from the Southold Town
15 Planning Board indicating that the Planning Board
16 is in favor of this setoff. I also have a copy
17 of the Suffolk County Tax Map indicating the
18 fence surrounding properties in the area. Is
19 there anybody that would like to be heard on
20 behalf of the application? Mr. Brewer?
21 MR. BREWER: Yes, please. Rudolph Brewer,
22 Main Road, Southold on behalf of the applicants .
23 Mr. Chairman, and Members of the Board, this is
24 an area variance that' s being requested here.
25 It' s a piece of property as you've seen from the
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2 survey of which there are two homes. The property
3 has been in this family, its brother and sister,
4 since I think 1906 . It passed on from there on
5 up until 1956 , it was passed from the grandmother
6 to them directly subject to a life estate in
7 the father. In 1960 the father passed away and
8 the children created a deed wherein they conveyed
9 a life estate that they thought was a life estate
10 in the property to the mother to make her feel
11 secure. In 1977 with the assistance of an
12 attorney, they put the property, since the father
13 had passed away and the property was to be to
14 them equally, they divided the property by way of
15 a deed and since that time have been receiving
16 separate tax bills. They've been treated by the
17 assessor, the Town, the State, as separate pieces
18 of property. The dwellings that are on the
19 property, one was built in 17 something and the
20 other one was built in the 30 ' s and moved to the
21 property around 1940 . So both of these
22 structures have been where they are since the
23 1940 ' s well before the Zoning. As you can see,
24 Zoning wasn' t there, there is a definite practical
25 difficulty that has arisen here. There are two
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216 Court St.,Riverhead, N.Y.,(516)727-3168
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2 families, Wesley Dickinson is living on the
3 premises, his sister in the future might take up
4 residence there. I 'm not sure but does the
5 Board have a copy of the single separate search?
6 MR. GOEHRINGER: No, we don' t.
7 MR. BREWER: I have one here I can submit.
8 MR. GOEHRINGER: More importantly I 'm
9 concerned with pre-CO' s on .the house. Has there
10 ever been any requested or do you have it?
11 MR. BREWER: Well, on the piece that is not
12 on Cedar, it has received two building permits
13 over the years. Everybody thinking that it was
14 a separate lot including the applicants here,
15 as a matter of fact, they determined, or we
16 determined, that it wasn' t on the death of the
17 mother in figuring out the appraisals for the
18 estate tax purposes. It was determined at that
19 point, which they were very surprised when I told
20 them and we had a lengthy argument about it,
21 there was no CO' s required since these structures
22 existed prior to the requirement of a CO. It is
23 not the intent of the parties at this time or in
24 the future at this moment to my knowledge to sell
25 off the property. It' s their intent to keep it
RIM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727.316E
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2 and keep it in the family which is why we don' t
3 have any evidence before the Board here dealing
4 with a financial hardship in that -there is no
5 financial hardship and nobody said they had to move
6 out of it, although I think that as a practical
7 matter the building inspector could raise some
8 problems with respect to the occupancy since he ' s
9 denied a CO for the pre-existing CO for the homes
10 based upon which precipitated this appeal. I also
11 have here the consent of two of the neighbors,
12 if it' s not in your file, I would like to submit
13 it tonight.
14 MR. GOEHRINGER: Are you going to give us a
15 copy of the single and separate search?
16 MR. BREWER: I definitely will. I ' ll do
17 it right now. I 'm also looking for the consent
18 of the neighbors, I have them here.
19 MR. GOEHRINGER: Okay. Thank you.
20 MR. BREWER: If the Board would like, I
21 have the Will wherein the property was in 1965
22 bequeathed to the two applicants, if that would
23 help. Actually, it' s an abstract of it.
24 MR. GOEHRINGER: Thank you.
25 MR. BREWER: The Imogene Dickinson there is
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2 the Imogene Thompson here, the applicant.
3 MR. GOEHRINGER: Fine.
4 MR. BREWER: And you will note that it is
5 1956 . And I have the prior history going back
6 to 1906 if the Board wishes.
7 MR. GOEHRINGER: Which house was she
8 bequeathed?
9 MR. BREWER: The total property went to
10 both of them. the total property always was
11 in one unit either going pasing by Will or deed
12 over the years .
13 MR. GOEHRINGER: So the purpose of this
14 Hearing really is to divide the property so that
15 pre-CO' s could exist on both parcels?
16 MR. BREWER: That' s correct. I would like
17 to point out that I 've been assured by the
18 applicants who are here that the properties have
19 their own separate sanitarium wells, systems and
20 wells, separate from each other, it' s not on the
21 other.
22 MR. GOEHRINGER: I thank you so much,
23 Mr. Brewer. Have a happy holiday. Is there
24 anybody else who would like to speak before the
25 Board addressing this particular application of
RAM Court Reporting Service
216 Court St.,Riverhead,N.Y., (516)727.3168
YN i
-- . Southold Town 'oord of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
r,. y s✓ TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 19 , 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. TYPE II ACTION DECLARATION
Appeal No. 3884
Project/Applicants: Dickinson and Thompson
County Tax Map No. 1000- 78- 9-30
Location of Project: Main Bayview Road , ,Southold ; NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of insufficient area in this pending division of land
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An- Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .23'3*
.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at i
( 516) 765-1809.
,
s
me
N a F Southold Town-Board of Appeds
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE -BOARD OF APPEALS
Appl. No. 3884
Matter of DICKINSON/THOMPSON. Variance to the Zoning
Ordinance, Article I, Section 106-20, (Article III, Section
100-32) , for approval of insufficient are in this pending
division of land and bulk and Parking regulations. Property
Locatio: Main Bayview Road, Southold, County Tax map No. 1000,
Section 078, Block 09, Lot 30.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of
DICKINSON/THOMPSON under Appeal No. 3884; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the -
northwest side of Main Bayview Road, Town of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 078, Block 09, Lot 30.
2. This is an Application for Variances from the Zoning
Code Article I, Section 106-20, (Article III, Section 100-32) ,
for approval of insufficient are in this pending division of
land and Bulk and Parking regulations.
.Page 2 - Appl. No. 3884
Matter of DICKINSON/THOMPSON
Decision rendered January 22, 1990
3. Article III, Section 100-32, No building or premises .
shall be used and no building or part thereof shall be erected
or altered in the Agricultural-Conservation District and in the
Low-Density Residential R-80 District unless the same conforms
to the Bulk Schedule and Parking Schedule incorporated into this
chapter with the same force and effect as if regulations were Y
set forth herein in full, as well as to the following bulk and .
parking requirements:
4. The subject premises for the proposed Division of land
is known and referred to as being 22,898 sq. ft. on the
southeast side and 22,910 on the northwest of Main Bayview
Road.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and the dividing the land in any other location on
premises will require other variance relief;
(c) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience,
and/or order of the Town;
(d) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Dinizio, it was
RESOLVED, to GRANT a Variance in the matter of the
application of DICKINSON/THOMPSON as applied under Appeal No.
=3884.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
i
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GERARD P. GOEHRINGER„CHAIRMAN
1 41
2 Dickinson and Thompson, appeal number 3884?
3 Anybody that would like to speak against it?
4 Hearing no further comments, I make a motion
5 closing the Hearing reserving the decision until
6 later.
7 MR. SAWICKI : Second.
8 MR. GOEHRINGER: All in favor?
9 THE BOARD: Aye.
10 MR. GOEHRINGER: The next appeal is
11 3889 in behalf of Timothy and George Wells.
12 Is Mr. Wells here?
13 MR. CALLGROVE: No. I 'm here on behalf of
14 the Wells.
15 MR. GOEHRINGER: The legal Notice reads as
16 follows:
17 "On application the applicants , 3889 ,
18 variance to the Zoning Ordinance, Article III A,
19 Section 100-30 A. 3 , bulk and parking regulations,
20 for approval of insufficient area in this
21 pending division of land. Property location is
22 South Harbor Road, Southold. County Tax Map
23 No. 1000-075-07-1 . 3 , 1 . 4 , 1 . 5 . "
24 I have a copy of the survey produced by
25 Roderick VanTuyl, P. C. , most recent date is
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2 April 28 , 1989 . It appears to be a three lot
3 subdivision, lot number one is 64 , 788 square feet,
4 lot number two is 202 , 552 square feet, lot number
5 three is 22 . 516 acres . The application before us,
6 of course, is the undersized lot which is lot
7 number one. I have a copy of a Suffolk County Tax
8 Map indicating this and surrounding properties
9 in the area. I have a letter from the Southold
10 Town Planning Board indicating this particular
11 property. Would you like to be heard, sir?
12 MR. CALLGROVE: Thank you. My name is
13 Peter Callgrove and I 'm with the law firm Paine,
14 Wood & LittleJohn. We' re the attorneys for
15 Timothy Wells and the Estate of George Wells.
16 Also here tonight is Dorothy Tobell, she is the
17 trust officer with NorStar Trust Company, one of
18 the Executors of the Estate of George Wells .
19 As you know, this variance application is made
20 in conjunction with the applications of the
21 Planning Board for a three lot subdivision and
22 the prperty is located on the western side of
23 South Harbor Road. We did submit a Tax Map and
24 I made some copies here just to orientate the
25 Board there so you can get an idea of the three
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43
2 lots here, which are the subject of the
3 application.
4 MR. GOEHRINGER: Could I just ask you a
5 quick question, sir?
6 MR. CALLGROVE: Yes.
7 MR. GOEHRINGER: Did the lot which is
8 indicated in the white here as 1. 2 , was that ever
9 the nature of this Estate?
10 MR. CALLGROVE: Yes.
11 MR. GOEHRINGER: You' re going to address
12 that?
13 MR. CALLGROVE: Yes . Parcel one, the
14 parcel up in the northeast corner, is owned by
15 Timothy Wells which is 64, 788 square feet. Parcel
16 two is 202 , 522 square feet and that' s owned by
17 the Estate of George Wells. And parcel three
18 which encompasses 22 . 56 acres is now owned by
19 Christopher Zelby. Hallockville, Inc is no
20 longer the owner of that. The history of this
21 property is that George Wells owned the entire
22 parcel at one time, it encompasses about 30
23 acres including this out parcel here. And in 1984
24 he received approval from the Planning Board for
25 a setoff application at which point this lot was
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2 setoff and the property, after approval, was
3 secured. ' Thereafter it was sold to Robert Pettit.
4 An interesting point of the record there for
5 the application of the setoff is that apparently
6 the first map, I 've never seen it before, but it' s
7 in the Planning Board record, this lot was moved
8 up a little further so that the frontage for this
9 area here was only 166 feet and the Planning Board
10 said to preserve this as a building lot you
11 should make it 175 feet, so they moved it down
12 so that created the 175 foot frontage there. So
13 this lot was conveyed to Robert Pettit in 1984 .
14 And in December of ' 86 , George Wells made a gift
15 of this parcel here, the 22 acre parcel, parcel
J
16 three, to Hallockville. It was a gift. And the
17 problem here was that no Planning Board approval
18 was secured. Whether there was a mix up or
19 whether he thought the setup was for the whole
20 subdivision, an application for the property
21 into four lots, it' s unclear. We don' t know what
22 happened. We do know that Hallockville then
23 conveyed the development rights for this parcel
24 to the Town of Southold. And our thoughts are
25 since the negotiating process was going on, and I
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1 45
2 talked to Bob Pike who was the attorney for
3 Hallockville, he told me that the intent was that
4 the gift would be to Hallockville with the
5 understanding that Hallockville would then sell
6 the development rights to the Town. So there.
7 was never really any intent that this would be
8 developed. But again, it was without Planning
9 Board approval. And by deeding this property out
10 to Hallockville it created these two lots . And
11 this lot is fine, it' s over 200 , 000 square feet.
12 But the problem is that this lot here is
13 substandard, it does not meet the requirement of
14 the 80 , 000 square foot Zoning District.
15 MR. GOEHRINGER: Did the Town then take
16 the development rights to this particular piece
17 of property?
18 MR. CALLGROVE: Yes, they have.
19 MR. GOEHRINGER: Okay. They have them?
20 MR. CALLGROVE: Yes . So, the relief sought
21 tonight is for a variance to allow this undersized
22 lot so that we can continue with the Planning
23 Board and hopefully get that subdivision approval
24 right now. The impracticality here of getting
25 that land for this lot is that one of the
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1 46
2 conditions in the deed from Hallockville to the
3 Town for the development rights is this lot can
4 never be subdivided again, so it' s in the deed
5 and I think you would need a Town Referendum to
6 approve that to get a subdivision. And even if
7 that was approved, it would be impractical
8 because the line would then come out a 100 feet
9 or so and Mr. Macille is a farmer and so his
10 rows of corn or whatever he was going to plant
11 would go up like this and that and that would cut
12 into his planting property. And the idea, those
13 are impracticalities of curing that, because
14 this is going to be held as farm land, the intent
15 of the Ordinance is to keep open space and two
16 acre Zoning and not have over density and light
17 and noise protecting the neighbors to the north
18 and so forth would be protected because again
19 they' ll be no building back here. So the
20 Ordinance is not being followed unfortunately
21 but the spirit of it really is because you know
22 that' s not going to result in any greater density.
23 And the net effect of all this is that there will
24 be one other house, it' s one . other house in the
25 total 28 acres. And the Board requests that a
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2 variance be granted for this undersized lot.
3 MR. GOEHRINGER: Thank you, sir. We
4 appreciate it. We' ll see what else develops
5 throughout the Hearing.
6 MR. CALLGROVE: Thank you.
7 MR. GOEHRINGER: Does that sufficiently
8 answer your question?
9 MR. DINIZIO: Only one thing. Lot number
10 one, the one that' s the subject of this, is
11 that the lot that has a house on it right now?
12 MR. CALLGROVE: No. That' s the lot here.
13 Robert Pettit. That lot is vacant right now.
14 MR. DINIZIO: Robert Pettit is building a
15 new house.
16 MR. CALLGROVE: Is he? I know there' s one
17 here. (Indicating. )
18 MR. DINIZIO: Because when I went down
19 there and I drove down there today, I saw that
20 there ' s a new house and ' a new foundation on a lot
21 that I thought was his.
22 MR. CALLGROVE: I think there is a lot
23 up here. (Indicating. ) I know the Town used to
24 own a lot up here on the Tax Map, you can see it
25 up there, it says the Town of Southold. Mr. Wells
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1 48
2 told me that was being built on. Whether that' s
3 correct, I 'm not sure.
4 MR. DINIZIO: But there ' s no house on
5 that particular small lot?
6 MR. . CALLGROVE: No. This is vacant.
7 That' s the proposed house that is required by
8 the subdivision application. There' s a house
9 here and the old homestead here has the old barn
10 and so forth.
11 MR. GOEHRINGER: Who owns the old
12 homestead?
13 MR. CALLGROVE: The Estate owns that and
14 they' re looking as part of -the Estate, they want
15 to close the Estate and they would like to sell it.
16 They' re negotiating now with a buyer.
17 MR. GOEHRINGER: Okay.
18 MR. CALLGROVE: And . it' s all held up now
19 because we ' re trying to cure something that was
20 done improperly a couple of years ago.
21 MR. GOEHRINGER: Thank you very much.
22 Is there anybody else who would like to speak in
23 favor of this application?
24 MS. BAKER: I 'm Madeline Baker and I 'm a
25 neighbor of this property and I received a notice
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2 from the Board about the setoff and I have no
3 objection at all to this because there are other
4 properties in the area of the same size or smaller
5 and I don' t think it would be a detriment to the
6 neighborhood. Incidentally, the house that you
7 were talking about that is being built there is
8 affordable housing.
9 MR. GOEHRINGER: On that lot that would be
10 indicated as Southold Town, I assume?
11 MS. BAKER: Yes. Well, Southold Town had
12 bought a lot north of this property and that was
13 affordable housing that is being put on that small
14 house that you saw, the new one.
15 MR. DINIZIO: I just thought it was rather
16 odd that they were asking for something and they
17 were building a house on it already.
18 MS . BAKER: No. That is one of the
19 affordable housings of Southold Town.
20 MR. GOEHRINGER: Thank you very much,
21 Ms. Baker for coming here. Mr. Pettit?
22 MR. PETTIT: My name is Robert Pettit, I
23 own the property adjacent to the property in
24 question. I just want to say that I have no
25 objection to this at all.
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y.,(516)727-3168
' ;f``: ;....)i ,ice 'L-•'.�
_
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t ®l TownBoard ®�' Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,'N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN December 1 9 ; 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. TYPE II ACTION DECLARATION
Appeal No. 3889
Project/Applicants: Timothy and George Wells
County Tax Map No. 1000- 75-7-1 . 3 , 1 . 4 and 1 . 5
Location of Project: South Harbor Road , Southold , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of insufficient area in this pending division of land
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 -of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at J.
( 516) 765-1809.
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o Mkt , y=A,yy Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR.
ACTION OF THE BOARD OF -APPEALS
Appl. No. 3889
Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning
Ordinance, Article III A, Section 100-30 A. 3, Bulk and Parking
Regulations, (Article I , Section 106-20) , for approval of
insufficient areain this pending division of land. Property
Location: Southold Harbor Road, Southold, County Tax Map No.
1000, Section 075, Block 07 , Lot 1.3 ,
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the application of TIMOTHY
AND GEORGE WELLS, under Appeal No. 3889; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally view and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. -The premises in question is located along the west
side of South Harbor Road, Town of Southold, and is identified
on the Suffolk County Tax Maps as District 1000, Section 075,
Block 07, Lots 1. 3, 1. 4, 1. 5.
2. This is an application for Variances from the Zoning
Code Article III A, Bulk and Parking Regulations Section 100-30
A.3, Article I, Section 106-20, for approval of insufficient
area in this pending division of land.
M
Page 2 - Appl. No. 3889
Matter of TIMOTHY AND GEORGE WELLS
Decision rendered January 9, 1990
3 . Article III A, Section 100-30 A.3, no building or
premises shall be used and no building or part thereof shall be
erected or altered in the Low-Density Residential R-40 District
unless the same conforms to the requirements of the Bulk
Schedule and of the Parking Schedule, with the same force and
effect as if such regulations were set forth herein in full.
4. In considering this application, the Board finds and
determines:
(a) that there is no other method for appellants to
pursue; and sub-dividing the proposed division of land in any
other area will require other variance relief;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance as applied.
Accordingly, on motion by Mr. Dinizio, seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of TIMOTHY AND GEORGE WELLS as applied under Appeal
No. 3889.
Vote of the board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio (Absent Serge Doyen and Joseph Sawicki) . This
resolution was duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
1
50
2 MR. GOEHRINGER: Thank you very much.
3 Anybody else that would like to speak in favor?
4 Anybody that would like to speak against?
5 Hearing no further comments, I make a motion
6 closing the Hearing reserving decision until
7 later.
8 MR. SAWICKI : Second.
9 MR. GOEHRINGER: All in favor?
10 THE BOARD: Aye.
11 MR. GOEHRINGER: Thank you very much for
12 coming in.
13 The next appeal is in behalf of Walter
14 Glasser, it is appeal number 3890 . The legal
15 Notice reads as follows:
16 "Upon application the applicant 3890 ,
17 special exception to the Zoning Ordinance,
18 Article IX, Section 100-91 , for permission for
19 change of use from place of worship to office/
20 apartment. Property location is 475 Beckwith
21 Avenue, Southold. County Tax Map No.
22 1000-061-01-25 . "
23 I have a copy of the survey, most recent
24 date, Roderick VanTuyl, P. C. , is June 30 , 1989 ,
25 indicating the former Grange Hall and subsequent
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1 51
2 to that it was a church group, Church of the Open
3 Door, who, I assume, are still the present owners
4 of the property. And I have a copy of the Suffolk
5 County Tax Map indicating this and surrounding
6 properties in the area. And I have a copy of the
7 overall site plan indicating the nature of this
8 application. Who would like to be heard in behalf
9 of this?
10 MS. STEELMAN: My name is Nancy Steelman,
11 I 'm with Samuel & Steelman Architects. I 'm
12 representing the owner who is Mr. Glasser. It' s
13 no longer the Church of the Open Door. We' re
14 basically at this Hearing tonight seeking a
15 special exception primarily for the apartment.
16 We are planning approximately a 600 square foot
17 apartment on the upper floor in the front of the
18 building and it will have its own separate entrance
19 down to the street. We' re planning also
20 approximately 1600 square feet of office space
21 on the- lower level. We have gone through several
22 studies with Mr. Glasser in trying to determine
23 the best possible use for this piece of property.
24 It' s in an unusual location, it' s along
25 Travellers Street, there ' s a. lot of traffic
RAM Court Reporting Service
216 Court St.,Riverhead, N.Y., (516)727-3168
1. 52
2 there,.'"it' s . along Beckwith also which' is. sort of
3 a ,mixed use, residential/office type district.
4 The .uses .that, we've proposed we feel are
5 compatible' with the neighborhood. and' we feel it .
6 would be suitable for the . bu;ildi"ng., General
7 renova-tions.. to.,_the building .would be 'primarily.
8 along the street side, on "Beckwith with some
9 faca.de' 'improvements; the•� owner willing to do some
10 upgrading to the.. building architectually 'to 'make
11 it work: in this area. I . think this, is a, good.
12 opportunity to show that the Town" is willing to.
13 put in some apartments for affordable 'housing..
14 This. would" be a ,year round tse. and I think- it' s a
15 good location for it. .
16 MR." "GOEHRINGER: Is there any" on. site.
17 parking? , .
18 MS: STEELMAN:. Parking has been a problem.
19 As you can see from the site plan, thre is. a rear
20 section behind the building, it' s approximately
21 maybe" 30 feet from the back of the building to
22 the " rear property.' line. We've done several
23 studies'. on that trying to locate parking. our
24 max we could get in there "'is two spaces . : What is
25 required- is ._upwards,, I believe, it' s 19 spaces
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1 53
2 total for this piece of property. What we' re
3 doing with the Planning Board is seeking a
4 waiver because we are within 300 feet of a
5 municipal lot which is behind the auto store in
6 Mr. Gamonet.ti ''s building and we've discussed that
7 with him and they understand our problem, and
8 they' re hopefully going to. get us a waiver on
9 that because of our hardship.
10 MR. GOEHRINGER: Just so I understand it,
11 you an provide two off-street parking spaces?
12 MS. STEELMAN: Yes. But what the problem
13 was in doing that is that you have to back out
14 onto Travellers Street. In talking with Valerie
15 Scopaz and some of the Board Members, they felt
16 that that was a very dangerous situation along
17 Travellers.
18 MR. GOEHRINGER: There' s no area on the
19 south side of the building that can be used for
20 ingress and egress?
21 MS. STEELMAN: No. You can see on the
22 survey the property, I think it' s about 10 feet
23 or so between the edge of the building and the
24 property line. And then there ' s a section that
25 jogs into that space and that runs right to the
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1 54
2 edge of the property line, so there' s no way we
3 can get access into there.
4 MR. GOEHRINGER: Would you be filling the
5 property if you provided those two parking space?
6 MS. STEELMAN: Yes. There' s sort of a
7 natural drainage that runs through there, we
8 would have to bring that in level and fill that
9 up Travellers and put a fairly major retaining
10 wall up to 4 to 6 feet along that edge, that' s
11 another reason we 've decided not to do that.
12 MR. GOEHRINGER: We thank you very much.
13 It' s always nice to see the other partner in the
14 firm.
15 MS. STEELMAN: Thank you.
16 MR. GOEHRINGER: I often wondered who the
17 other partner was. Is there anybody else who
18 would like to speak in favor of this application?
19 MR. CAMONETTI : Mr. Chairman, Members of
20 the. Board, Paul Camonetti, Main Street, Southold,
21 New York. I 'm an attorney, but I 'm not
22 representing Mr. Glasser as an attorney in this.
23 Nancy Steelman is representing him on this
24 particular addition. Although I have represented
25 Mr. Glasser when he acquired the building from the
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1 55
2 church,- and_ he. purchased that .two years-ago,
3 or as an 'to'. the' '6hurch. The tried
_ y.
4 very unsuccessfully to sell that building for
5 se:veral .yearn and as- a. member of the church he
6 purchased the building. ' But now he' s faced with
7 the dilemna as to what to do with it., He ' s lost
8 many sales and, just. from an economic- point. of
.9 view very frankly; he'.s having a difficult time
10 in trying to. figure out what he can do with At.
11 .The only feasible thing really is to have a small-
12 ac'cesssory. apartment because the building now
13 .is'of ,•non-conforming use. ., 'And. as an .office
. 14 space., it.would comply with Zoning. So the only
15 thing he really needs is this . special exception
16 now for the apartment., So at. least that. would . .
17 make it feasible for a purchaser to have a small
18 business and the apartment. And as far as_ I , know
19 'with the parking, he' s willing .to fill in that
20 because as Ms. Steelman said, and they deferred
21 with the Department of Highways, and it would
22 create a hazardous, condition to back,, on. to
23 Travellers Street although it -is feasbile to put
24 the .parking in,, it would present a . hazard. So
25 from.. that point of: view I think that they are going
RAM Court Reporting Service
216 V6urt St.,Riverhead, N.Y.,(516)727-3168 .
,1 56
2 to waive the,parking requirement. completely
3 because of. the- availability of parking down on
4 the municipal '•parking .lot. I, just want to go on
6 record as being formerly associated with the
6 church ' a.s Walter' s personal attorney, to .urge the
7 Board - to. approve his application because I don't
.8 believe this '.is , an economic hardship , application,
9 it' s strictly-• a special exception. But.. it is
10: presenting a very difficult time for' him to •do
11 anything wiht the'. building If there are any
12 - questions you'•d like 'to ask; I ' d be happy to
13 ' answer.
14 MR.'-.`DINIZIO•: I have a question:
15 MR. . GOEHRINGER: . Go ahead.
16 MR.' DINIZI.O: You said you were as.sociated
17 with the church, also?
18. MR. CAMONETTI : Well, I- represented the
19 church when 'they were going through, the
20 construction phases in building the new church
21 on .Bayview when we 'appeared. before this. Board
22 fora special exception. at that time, . yes.
23 MR.- DINIZIO: Did they use this building?
24 What" did- they .use it for?
25 MR,. CAMONETTI : It was actually a house of
RAM Court Reporting Service
.216 Court St.,Riverhead, PI.Y.;(516).727-3168
1 57 .
2 worship:
3 MR., pINIZIO: Did they use itduring the
.4 week ' at all? .
5 MR.. CAMONETTI: Oh, yes. There was a
6 school there; and .a. nursery school and grade
7 school, K=4 school, and it .was used on a daily
8 basis.
9 MR. DINIZIO: A site plan wasn' t required
10 for that use? I 'm. wondering how could it. be .
11 'used as a .church: and. not require any parking -and
12 suddenly an; -of fice?
13 'MR:. ,CAMONETTI Formerly it. was a Grange
14 building and ' that -had a maximum capacity, I,
15 believe, of a:"'15b people. At. that time, I believe,
16 it was ,probably one parking spot for each five
17 members which would have been 30 parking '.spots ,
lg but it was non-conforming. so- they didn' t have to
19 provide . the parking. When the church applied
20. for - change of use, I think Mr. Brewer represented.
21 the church -at that time, it, was a change of use
22' _ from a meeting hall, to a house of worship.
23 It was the same 150 pari.shion'ers and I believe it
24 was. the 'same 30 parking spaces that were required
25 but because it was non-conforming, they did not
RAM"Court Reporting Service "
216 Court St.,Riverhead, N.Y.,(416)727.3168
i'✓r��-• :1 + t.11._.�is''=^ .
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,14.Y. 11971
r' TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
December 19 , 1989
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. TYPE, II ACTION DECLARATION
Appeal No. 3890
Project/Applicants: Walter Glasser
County Tax Map No. 1000- 61 - 1 -25
Location of Project: 475 Beckwith Ave . , Southold , NY
Relief Requested%Jurisdiction Before This Board in this Project:
Permission for change of use from Place of Worship to
Office/Apartment
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 444-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2 ' '
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809. ;
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®r"07-L�1_>N
kBoa' rdSon old Townof Anneals
..........
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No.. 3890
Matter of WALTER -GLASSER. Special Exception to the zoning
Ordinance, Article IX, Section 100-91, for permission to change
of use from Place of Worship to Office/Apartment. Property
Location: 475 .Beckwith Avenue, Southold, County Tax Map No.
1000, Section 061, Block 1, Lot 25.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of WALTER GLASSER under Appeal
No. 3890 ; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding area; and
WHEREAS the Board made the following findings of fact:
1. The premises in question is located along the west
side of Beckwith. Avenue, Hamlet of Southold, and is identified
on the Suffolk County Tax Maps as District 1000 , Section 061,
Block 1, Lot 25.
2. This is an application for a Special Exception from
the Zoning Code, Article IX, Section 100-91, for permission for
change of use from Place of Worship to Office/Apartment.
Page 2 - Appl. No. 3890
Matter of WALTER GLASSER
Decision rendered January 9, 1990
3. Article IX, Section 100-91, in the HB District, no
building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended
or designed to be used, in whole or part, for any uses.
A. In considering this application, the Board finds and
determines:
(a) that there is no 'other method for appellants to
pursue; and changes or alterations on the premises will require
a Special exception.
(b) that the Special Exception will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience, and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the Special Exception, as applied conditionally noted
below.
Accordingly on motion by Mr. Grigonis, Seconded by Mr.
Doyen, it was:
RESOLVED, to GRANT a Special Exception in the matter of
WALTER GLASSER as applied under Appeal No. 3890, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That there be one on site parking space entrancing and
exiting Beckwith Avenue (if possible) .
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio, (Absent Joseph Sawicki) . This resolution was
duly adopted.
df /
GERARD P. GO RINGE , CHAIRMAN
f
i
58
-2 have to comply. Now what we' re really doing is
3 reducing. .the 'den sity because .what 'Nancy has in
4 mind would only require 19. parking spaces, so
5 you' re actually reducing the' required 'space• that
6. the church had- down to 19 . . So we' re improving
7 the situation rather than worsening it.
$ MR':, DINIZIO: Thank. you.
9 MR., GOEHRINGER: Thank you. Is there
10 anybody who would .like to speak in favor. of .this
1T application? Is there anybody that .would like
'12 to speak -against the application? Questions from
13 Board Members? Any other further questions �I
14 ; should say?: Hearing no "further 'ques.tians, I ' ll `
15 make -.a motion to close the Hearing and' reserve
16 decision 'Until' later.
17 MR. ..GRIGONIS, Second..
1$ MR. GOEHRINGER: All in favor?
i9 THE. BOARD: Aye.; .
20 MR. GOEHRINGER: Thank you very much for .
21-. coming in. The next appeal is. in .behal.f. .of
22 Bidwell Wineries, . it' s, appeal number.. 3882 .
23 The legal Notice reads .'a,s follows:
24 "Upon application the ,applicant '3882 ,'
25 special exception to the Zoning Ordinance,
:RAM Court Reporting Service '
216 Court St.;Riverhead, N.Y.,.(516)727.3168
�:� ` a SoutholdTown Board of Appeals
� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS December 19 , 1999
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
DAMES DINIZIO,JR. TYPE II ACTION DECLARATION
Appeal No. 3882
Project/Applicants: Bidwell Wineries
County Tax Map No. 1000-96-4-4. 3
Location of Project: Route 48 , Cutchogue , NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of consumer tasting and retail sales from the winery
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809.
me
I
b
SEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
uoiard P. Goehringer, Chairman �, F., •.
Charles Grigonis, Jr. t�� �3't7�
��� � Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS
Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3882
Matter of BIDWELL WINERIES. Special Exception to the
Zoning ordinance, Article III, Section 100-30, for approval of
consumer tasting and retail sales from the winery. Property
Location: Route 48, Cutchogue, County Tax Map No. 1000, Section
96, Block 4, Lot 4.3.
WHEREAS, a public hearing was held and concluded on
February 1, 1990 in the matter of the Application of BIDWELL
WINERIES, under Appeal No. 3882; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south
side of Route 48, Hamlet of Cutchogue, and is identified on the
_Suffolk County Tax Maps as District 1000, Section 96, Block .4,
Lot 4.3.
2. This is an application for Special Exception from the
Zoning Code Article III, Section 100-30, for approval of
consumer tasting and retail sales from the winery.
Page 2 - Appl. No. 3882
Matter of BIDWELL WINERY
Decision rendered February 15, 1990
3 . Article III, Section 100-30, The purpose of the
Agricultural-Conservation (A-C) District and the Low-Density
Residential R-80, R-120, R-200 and R-400 Districts is to
reasonably control, to the extent possible, prevent the
unnecessary loss of those currently open lands within the town
containing large and contiguous areas of prime agricultural
soils which are the basis for a significant portion of the
town' s economy and those areas with sensitive environmental
features, including aquifer recharge areas and bluffs. In
addition, these areas. provide . the open rural environment so .
highly valued by year-round residents and those persons who
support the Town of Southold' s recreation, resort and second-
home economy. The economic, social and aesthetic benefits which
can be obtained for all citizens by limiting loss of such areas
are well documented and have inspired a host of governmental
programs designed, with varying degrees of success, to achieve
this result. For its part, the town is expending large sums of
money to protect existing farm acreage. At the same time, the
town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further
the same purposes while honoring the legitimate interests of
farmers and other farmland owners.
4. Also noted for the record under Appeal No. 3732 for a
Winery for the Production and Retail Sale of Wine. In this
Decision rendered July 14, 1988 it states:
(a) The area proposed for retail sales is to be not more
than 400 sq. ft. as marked in "red" on the Proposed Sketch
Drawing prepared by Guldi & Showers dated May 31, 1988 under
Drawing No. A-1.
5. In considering this application, the Board finds and
determines.
(a) that the use will not prevent the orderly and
reasonable use- adjacent properties or of properties in adjacent
use districts;
(c) that the Special Exception will not in turn cause a
substantial effect on the safety, health, welfare, comfort,
convenience and/or order of the Town;
(d) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the Special Exception, as applied conditionally noted '
below. '
Accordingly on motion by Mr. Grigonis, seconded by Mr.
Dinizio, it was
Page 3 - Appl. No. 3882
Matter of BIDWELL WINERIES.
Decision rendered February 15, 1990.
RESOLVED, to GRANT a Special Exception in the matter of the
application of BIDWELL WINERIES as applied under Appeal No.
3882, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the Winery sell their wine product in the 20 X 20
building presently located in the front of the building,
conditionally for three (3) years from date of this decision.
2. This Decision is subject to Site Plan Approval by the
Southold Town Planning Board.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
and Dinizio, (Absent Serge Doyen and Joseph Sawicki) . This
resolution was duly adopted.
df
GERARD P. GOEHRINGER, CHAIRMAN
1 59
2 Article III , Section 100-30 , for approval of
3 consumer tasting and retail' sales from the Winery.
4 Property location is Route 48 , Cutchogue.
5 County Tax Map No'. 1000-96-04-4 . 3 . "
6 A copy of a sketched in site plan. I have
7 a copy of a Suffolk County Tax Map indicating this
8 Winery as being approximately 15 acres. Is there
9 somebody who would like to be heard for Bidwell?
10 No one is here from Bidwell? Well, we want to
11 ask Bidwell some questions, so what we' ll do is
12 recess this with a date being the next regularly
13 scheduled meeting and ask them to make sure that
1
14 they' re here. Is, there anybody that .would like
15 to comment on this application before we recess it?
16 Seeing no hands, I ' ll make a motion to recess it
17 to the next regularly scheduled meeting.
18 MR. DINIZIO: Second.
19 MR. GOEHRINGER: All in 'favor?
20 THE BOARD: Aye.
21 MR. GOEHRINGER: The next appeal is in
22 behalf of Jerry Gambone and others. It' s appeal
23 number 3896 . The legal Notice reads as follows:
24 "Upon application the applicant 3896
25 special exception to the Zoning Ordinance,
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216 Court St.,Riverhead, N.Y., (516)727.3168
1 60
2 Article IX, Section 100-91 , for permission to
3 have office/retail business on first floor and
4 residential rental apartment on second floor.
5 Property location is 55415 Main Road, Southold.
6 County Tax Map No. 1000-62-01-12 . "
7 A copy of a site plan produced by Reggie
8 Heile, Architect, dated May of 1988 , indicating
9 a rather stately two-story frame house on the
10 Main Road in Southold. And the nature of this
11 application is an accesssory apartment on the
12 second floor. I have a copy of the Suffolk
13 County Tax Map indicating this and surrounding
14 properties in the area. Is there somebody that
15 would like to be heard on behalf of this
16 application?
17 MR. GAMBONE: Yes. I 'm Jerry Gambone.
18 My partner is here as well, but this is sort of
19 my project. I have never been to one of these
20 meetings before.
21 MR. GOEHRINGER: It' s very relaxed.
22 MR. GAMBONE: I guess what I would like to
23 know is if you have any questions, then I know
24 what to tell you. I could sort of tell you the
25 history of what' s happened with why I 'm here
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1 61
2 tonight, but I don' t know if that' s relevant.
3 MR. GOEHRINGER: Quickly, if you want to
4 give it to us , sure.
5 MR. .GAMBONE: Well, I saw the building in
6 August of 1985 , and before purchasing I talked
7 to Mr. LeSard and Mr. Hinderman at the Building
8 Department. I wanted to, down the road several
9 years from purchasing it, use the first floor
10 probably to run an antique business and the
11 building seemed appropriate for that use. It' s
12 not the business I 'm in now. But I went to them
13 saying I. want to buy the building, what can I do
14 with it so I can make it economically viable.
15 And the suggestion was what I 'm here for now
16 which. is to put offices on the first floor and
17 an apartment upstairs. I wanted to make it a
18 totally professional building but because of the
19 way they were interpreting the handicapped law,
20 to mean it would have been prohibitive to make
21 the second floor offices. So, I bought the
22 building based on wanting to do that. I rented
23 the building as a house for two and a half years,
24 and the people, the tenants that were there,
25 had pretty much damaged the house sufficiently
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1 62
2 that I couldn't just paint it up and recent .it.'
-.3 I went :to Mt. .LeSard and . said, "I want to put, on,
4 an addition. And' he was telling me all I have
5 to do is apply fora site. plan .to. change . the. usage
6' of the 'building, -which I find out. now is incorrect,
7 that I have' to be here at the Zoning Board.
8 ...So we went ahead and .did. the addition. I 'm'
9 renting the, building out' again'. and I 'want to get
10 permission to keep; offices on the first floor.
11 And I ' ll be going through . the Planning Board, for
:. 12 a. site 'plan. -approval.
13 MR. GOEHRINGER: How large is 'the apartment
14 on the second floor?
15 MR. ' GAMBONE: the liveable square footage
16 is a'' little_ over. 700, square feet.
17 MR.: . GOEHRINGER: So there 'd be a portion
18 of the •second story which will 'not'' be used for
19 the- accessory- apartment?
20 MR., GAMBONE: Right.
21 MR. GOEHRINGER: What portion would that be,
22 the front or the .rear?
23 MR. GAMBONE The stairwell and the
24 — hallways.
25 MR. -GOEHRINGER- In the existing second
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216 Court St.,Riverhead, N.Y., (516)727-3168
.613
2 story area?
3 MR.. GAMBONE: Right..
4 MR. 'GOEHRINGER: And again that would be
5- toward basically .what I 'm looking at now, . when
6 I 'm talking -to you, it basically appears that
most of .the - apartment is toward .the west side
8 -and the rear of the .structure?
9 MR.: GAMBONE: Right. " It' s mainly the
10 second floor., yes. .
11 MR. GOEHRINGER: The whole second floor?
12 MR. GAMBONE: Right. Minus the• stairwell -
13 and hallway.
14 MR_ GOEHRINGER: And you' ll be utilizing
15 the existing .stairwell rather than placing a new
16 stairwell�.on the. exterior of the dwelling? '
17 MR,. GAMBONE:' The existing stairwell, yes.
18 There' s no plan-to build an. exterior stairwell
19 The building wa.s; done with• T eSard' s approval in
20 terms of fire code; so I have no doubt that
21 that' s going .to .pass. They've already 'inspected
22 i t.
23 MR. GOEHRINGER: We thank you very much.
24 I• don' t have any other questions. We' ll see if
25 „ anybody else has any.
RAM Court Reporting`Service
216 Court St.,Riverhead,N.Y.,(5i6)727-3168
/,v1117, 7 ,�� Y•t/^y
SoutholdTown Boand of Appeals
s� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, 11971
-rr TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
December .19 , 1989
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H. SAWICKI
JAMES DINIZIO,JR. TYPE II ACTION .DECLARATION
Appeal No. 3896
Project/Applicants: Jerry Gambone and Kes Zapkus
County Tax Map No. 1000- 62-1 -12
Location of Project: 55415 Main Road , Southold`, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Permission to have Office/Retail business 'of first floor and
residential rental apartment on the second floor
This Notice is issued pursuant to Part 617 of the
implementing regulations pertainingkto Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant ,
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617. 2jj , this Department 'is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, . please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
( 516) 765-1809.
me
IfrFDC/(.
-�= Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,'N.Y. 11971
TELEPHONE(516) 765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3896
Matter of JERRY GAMBONE AND KES ZAPKUS. Special Exception
to the Zoning Ordinance, Article IX, Section 100-91, for
permission to have Office/Retail business on first floor and
residential rental apartment on second floor. Property
Location: 55415 Main Road, Southold, County Tax map No. 1000,
Section 62, Block 1, Lot 12.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of JERRY
GAMBONE AND KES ZAPKUS under Appeal No. 3896; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning,, and
the surrounding area; and
WHEREAS, the Board made the following findings of fact:
I. The premises in question is located along the north
side of Main Road, Route 25, Hamlet of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 62, Block 1, Lot 12.
2. This is an application for Special Exception from the
Zoning Code Article IX, Section 100-91, for permission to have
Office/Retail business on first floor and residential rental
t apartment on second floor.
j r
Page 2 - Appl. No. 3896
Matter of JERRY GAMBONE AND KES ZAPKUS
Decision rendered January 9, 1990
3 . Article IX, Section 100-91, in the HB District, no
building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended
or designed to be used, in whole or in part, for any uses.
4. In considering this application, the Board finds and
determines;
(a) that there is no other method for appellants to
pursue; and changes or, alterations on the premises will require
a Special Exception.
(b) that the Special Exception will not in turn cause. a
substantial effect on the safety, health, welfare, comfort,
convenience, and/or order_ of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the Special Exception, as applied conditionally noted
below.
Accordingly on motion by Mr. Dinizio, Seconded by Mr.
Goehringer, it was
RESOLVED, to GRANT a Special Exception in the matter of
the application of JERRY GAMBONE AND KES ZAPKUS under Appeal No.
3896, SUBJECT TO THE FOLLOWING CONDITIONS:
1 . That there only be cooking facilities for one
apartment.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
df
GERARD P. GOEHKINGER/ AIRMAN
1 - 64
2 MR. SAWICKI There' s somebody living
3,
upstairs?
4 MR..• GAMBONE Yes.
5 MR. SAWICKI.: And the bottom is empty.?
6 MR'. 'GAMBONE: The bottom is empty.
7 MR. GOEHRINGER:• Thank you very much.
8 Is there' anybody _else who would like to speak
9 either in favor' of this application or against?
10 MR. BIDNOWSKI :- My name is Wes Bidnowski,
11 I :m the landowner to the immediate north of
12 -Jerry and Kes ' .property,. I just want to say that
13 I have . no-.•objection to their project.
14 . .MR. G,OEHRINGER: Thank you., Is there
15 anybody- else who would. like to, speak -against the
16 application? Hearing no further comments, I
17 make a +motion closing the Hearing reserving
18 decision,=unti'I., later."'.:"
19 MR. SAWICKI:. Second,.
2p MR. ,.GOEHRINGER: . All in ,favor?
21 .. THE BOARD: Aye
22 MR. GOEHRINGER: At the last meeting' we
23 closed the -recess Compass Transports Hearing which
24 is 3872 so that we might have time: to -discuss
25' the file with the town ' attorne.y. ' :We have since
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2 done so and I ' ll ask Mr. Pachman if he has anything
3 he would like to add.
4 MR. PACHMAN: Mr. Chairman, Members of the
5 Board, good evening. One of the things that we
6 did discuss last time and you wanted certified was
7 the various areas that existed and I have prepared
8 for the Members of the Board as per your request,
9 and you will note that one of the positions that
10 we took was that there' s no definition of floor
11 space in the Ordinance and the only thing they
12 talk about is floor area so by definition, the
13 floor space that we claim to be utilized for this
14 seating capacity of the seats for the restaurant
15 or dining area is designated on the area as being,
16 if you look on the right there ' s a code there,
17 that' s .A, 491 square feet, well under 500 feet.
18 So the five spaces that we have we believe as.
19 our hardship situation. exists. We have discounted
20 obviously the counter space, the kitchen and
21 personnel space, the restrooms and cooler, all
22 the areas that are not public areas which come
23 off the square foot area. Therefore, we. feel
24 without going through the application again because
25 your list was long and hard last time and I don' t
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1 67
2 want to belabor it, that we have hardship,
3 and we have practical difficulties here and
4 respectfully request that the application as
5 submitted be granted.
6 MR. GOEHRINGER: Thank you. Is there
7 anybody else who would like to speak in favor of
8 this application?
9 MR. MARKAKIS: Andreais Markakis. Mr.
10 Chairman, Members of the Board, I 've gone through
11 a lot for the last five years and hardly managed
12 to keep family in the building closed and unable
13 to work. I will not elaborate on the reasons and
14 the agony I went through. I have in the file
15 police reports, threats of life, all kinds of
16 discriminating things which should not happen in
17 any part of the country.
18 We see so much going outside, so much
19 going on for freedom out of expression. And in
20 this period, although I 'm here. on the. merits of
21 the case I would like to ask you to approve the
22 application. Thank you.
23 MR. GOEHRINGER: Thank you, sir. Is there
24 anybody else who would like to ,speak in favor
25 of the application? Anybody that would like to
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1 68
2 speak against the application? Yes, Wes.
3 MR. BERDNOWSKI: Wes Berdnowski. As per
4 the Board' s request, a copy of the survey.
5 I don' t want to belabor a point either, I think
6 what the whole problem here is not for space or
7 for anything like that, it' s parking. Parking
8 on site is inadequate for five cars. If he has
9 to have five cars, five cars will not fit on
10 there. We have a traffic flow problem on
11 Beisseau Avenue and we have a parking problem.
12 As I stated last time, nine driveways within
13 several hundred feet, there' s also a fire
14 hydrant, there' s also on street parking which is
15 pretty damn nil plus the two corners. The
16 problem is the parking. But I don' t want to
17 belabor the point.
18 MR. GOEHRINGER: Any rebuttal?
19 MR. PACHMAN: I didn' t see the survey.
20 I would appreciate looking at the survey. I
21 don' t see the encroachment. The issue last time
22 was that we were encroaching on his property.
23 I don' t have it on my survey. It doesn' t show
24 it on that survey.
25 MR. BERDNOWSKI : It shows it very plainly.
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2 'MR. PACHMANe Do . you want . to " show it to me?
3 MR. BERDNOWSKI :. Certainly. There' s a
4 retaining- wall and a chain link fence that' s on
5 our property line . here from approximately here
6 all theway
7 MR: PACHMAN: I:t doesn' t show that at all
8` MR. BERDNOWSKI : It certainly does.
9 MR. PACHMAN: ,It shows it' s right on the
10 line. If it encroaches, it indicates it where
11 it encroaches.. .You're not reading the survey ,
12 correctly.
13 MR. BERDNOWSKI : I certainly am.
14 You, can- have a legally blind man .go down that
15. property and see that it is encroaching.
16 MR. PACHMAN: Forget a legally. blind man,
17 I want someone that. can see and show me that it is
.18 encroaching,.. You haven't' shown me.
.19 .MR. . BERDNOWSKI : - It' s on the survey, sir.
20 MR. -GOEHRINGER: ' Is there anybody else
21 who would -like. to -peak- with -regard to the nature
22 of this application?
23 " ' MR. MARKAKIS: Mr. Chairman,. .the critical
24 issue seems to be the traffic. We are not
25 asking anything. more than the place . is ,entitled,
RAM Court Reporting.Service
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i
�, Southold. Town hoard ofAppeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
November 8 , 1989
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. S.E.O.R.A.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR.
TYPE II ACTION DECLARATION
Appeal No. 3872
Project/Applicants: COMPASS TRANSPORTS (Markakis )
County Tax Map No. 1000-62-1-16 *
Location of Project: 175 Boisseau AVenue , Southold
Relief Requested/Jurisdiction Before This Board in this Project:.
Approval of site plan before issuance of Certificate of
Occupancy.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental -Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .23*3*
.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
r
-� Southold I own Board of Appeals
;�� � MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,-N.Y. 11971
1 ~' TELEPHONE(516)765-1809
FAX No. (516)765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appl. No. 3872
Matter of COMPASS TRANSPORTS. Variance to the Zoning
Ordinance, Article XXV, Section 100-250, for approval of site .
plan before any Certificate of Occupancy or building permits can
be issued in this Hamlet Business Zoning District (HB) .
Property Location: 175 Boisseau Avenue, Southold, County Tax
Map No. 1000, Section 062, Block 01, Lot 16.
WHEREAS, a public hearing was held and concluded on
December 19, 1989 in the matter of the Application of COMPASS
TRANSPORTS, under Appeal No. 3872; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the north
side of Main Road, Route 25, Hamlet of Southold, and is
identified on the Suffolk County Tax Maps as District 1000,
Section 062, Block 01, Lot 16.
2. This is an application for Variances from the zoning
Code Article XXV, Section 100-250, for approval of site plan
before any certificate of Occupancy or building permits can be
issued, (Article XIX, Section 100-191) .
1
Page 3 - Appl. No. 3872
Matter of COMPASS TRANSPORTS
Decision rendered January 9, 1990 .4
RESOLVED, to GRANT a Variance in the matter of the
application of COMPASS TRANSPORTS as applied under Appeal No.
3872 for site plan approval, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That there be no more than 400 sq. ft. in dining
area, exclusive of restroom area.
2. That there be 4 parking spaces provided on site.
3. That the applicant have a maximum 12 stools or chairs
in dining area.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen and Dinizio (Absent Joseph Sawicki) . This resolution was
duly adopted.
df
GERARD P. GOEHRINGER CHAIRMAN
r
r
f
Page 2 - Appl. No. 3872
Matter of COMPASS TRANSPORTS
Decision rendered January 9, 1990
3. Article XXV, Section 100-250. This article shall apply
to every land use that is permitted in the Town of Southold
except the single family home use on a single and separate lot
as set forth in Article III, 100-31A, and customary
nonagricultural accessory uses to a single-family residential
home use as stated in the Town Code. Any change in use or
intensity of use which will affect the characteristics of the
site in terms of parking, loading, access, drainage, open space
or utilities will require site plan approval. In all cases
where this chapter requires approval of site development plans
by the Planning Board, no building permit shall be issued by the
Building Inspector except upon authorization of and in
conformity with the site plan approval by the Planning Board and
all other public agencies involved.
4. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that there is no other method for appellants to
pursue; and the premises will require on site parking that will
require. other variance relief;
(c) that the area chosen for the on site parking is not
unreasonably located.
(d) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience.
and/or order of the Town-
(e) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Dinizio, Seconded by Mr.
Goehringer, it was
1 70
2 that is the five parking spots. Regarding the
3 observations and remarks of the traffic, I would
4 like these gentlemen to tell us where they were
5 when four years ago I stood before the Town
6 Board regarding the critical issues of traffic,
7 and I have a correspondence exchanged. I 'm not
8 going to elaborate because we ' re only asking
9 for what the place is entitled to get corresponding
10 to the five parking spots. Thank you.
11 MR. GOEHRINGER: Hearing no further comments
12 I ' ll make a motion closing the Hearing reserving
13 decision until later.
14 MR. SAWICKI : Second.
15 MR. GOEHRINGER: All those in favor?
16 THE BOARD: Aye.
17 MR. GOEHRINGER: Thank you very much for
18 coming in. The nature of appeal number 3770 is
19 an application for the construction of a
20 storage building on the property better known
21 as the Port of Egypt. I 'm asking the Board to
22 re-open this Hearing so that we might place at
23 least one piece of evidence from a member of the
24 community and so that we might ask the applicant
25 for one other thing from him concerning this
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2' before we close the. Hearing. I would admit to
3 you that the reason for the opening ,of -this
4 Hearing ' is- only for".those two reasons and.-
5 therefore; gentlemen; I-' 1-1 make a motion to
6 re-open„ the Hearing.
7, MR.' GRIGONIS:. Second.
8 . MR., GOEHRINGER: . All in ' fay.or?
9 THE BOARD: Aye.
10 MR. GOEHRINGER: Thank you for coming down .
11 Mr: L,iebl.:e..iri: and. I ,know that, this is a closed.
12 Hearing, from the .prior meeting, we very rarely
13 open the Hearings again but in `a discussion with
14 the- town. attorney he has requested'us to secure
'15 from you -a single and; separate search: on the
16 ' marina property indicating that. And this. has
17 nothing .to do' with the motel. ..And that' s
18, basically what he' s requesting. He' s also
19 asking for" a total acreage figure exclusive of
20 the basin, which ;I. think we have. Okay?
21 But If you, could-, give us .an. approximate .ac"reage
22 figure of -the. basin so that we could have that
23 fore' our files. . We are not looing in any way to
24 continue the".length inessof this particular.
25 Hearing. As you can see the width of.-it .as -to date
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72,.
2 is quite large. We' know that this is a burden
3 upon you and I am truly sorry for it: If I
4 had' been aware .of the fact that this is what
5 he wanted prior to this, I- certainly would have
6 asked for it.:..
- 7 'MR. LIEBLEIN: Would you define 'what you
8 mean by a single search? :.
9 MR.� GOEHRINGER: A, single and separate
10 search?
11• MR.. LIEBLEIN: . Yes.
12 MR.- 'GOEHRINGER: That' s basically where
13 you go to the County .,Clerk' s _ office, and .you
14 • ask for a _ single and separate search and what
15 they do is they .search the. history of . the parcels
16 around your parcel indicating that your parcel
1T , was in- no way or in some. way. or might have been
.18 in some way a part ,of and token of your
19 particular parcel
20. .MR. LI_EB LEIN: I 'm .sure` that .I can go to
'21 `. Mr. Shondenbare `and he ' ll give us a legal
22 explanation of what he wants.
23 MR. ` GOEHRINGER: Well, that' s basically
24 what my •opinion is.. But I 'm. not an. attorney.
25 MR. LI'EBLEINo I 'm just` curious.- Is this
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2 an expensive :thing or, you just .go to the County
3 and 'they do it?
4 MR.. ,GOEHRINGER: well, , I don't think it
5, has to be certified.. I would. say, that- the
6 title search from, the County Clerk' s Office to
7 my knowledge costs ,$50 . I have no idea. There'
8 are at. least two contiguous pieces on each side
9 so they' ll, have to. search either one of -those,
10 one, -of course, belongs to_ the Southold
11, Corporation. or' whatever the name of the
12 industrial ,corporation, is
13 MR. -LLEBLEIN: C , & L. Realty.
14 MR. ' GOEHRINGER: And the other one . belongs
15 to Almondo Cappa So you might have .,to get
16 two. ,searches.
17 MR. 'LLEBLEIN: Okay.
18 MR. GOEHRINGER,: ' ' And that' s basically
'19, the situation. And then they usually search:
20 your parcel, also. Ahd, � of course, you'vb -given
21 us a deed. to one particular area.- But that' s.
22 the-best-'of my ability of what we' re. requesting
23 at this particular time..' .-.And again., I, apologize
24 to you ; for the' inconvenience because as you know,
25 it' s, not normally a situation that we 're-open the
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2 Hearing.
3 MR.- LIEBLEIN: The acreage that you were.
4 given was,* of course, the acreage of the 'land
5 which. was calculated by VanTuyl and we'd be
6 happy to. go to VanTuyl and have him calculate
7 the, acreage of - the water f or, .the basin.
8. MR. GOEHRINGER: At. the, .last Hearing I
9 asked 'you. ,and it was either. you or Merrill, I
10 don' t remember,., but 'I asked you if you felt.
11 that you had rights.'and actually owned the
12 underwater land at' that time.._I 'm not answering
13 for you,. 'but you ,said that the property. was
.14 exhumed by , a member of the family and' you' did
15 dig a canal so there is a very good possibility
.16 that you own the underwater_ land.
17 MR. LIEBLEIN: We hope so.
18 MR. : GOEHRINGER: ,So .that' s .basically the
19 situation. , An.d we thank you very much. If
20 anythi-ng. else develops throughout 'this, , stop me.
21 Mr. Flynn; - we -don' t know the nature of why you
22 were no.t ,here at . the last .Hearing when we closed
.23 - this Hearing We were in no way or are in .no
24 way tryirig ,to restrict you' from .your opinions
25 concerning..thi's Hearing. I just` want .you to be
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2 aware of the fact that the reason why we could
3 not accept your letter was because the Hearing
4 was closed. I don' t feel that there was anything
5 done other than the fact that we closed the
6 Hearing and you were not here. We did advertise
7 it and that' s basically the situation. We are
8 giving you the opportunity at this particular time
9 to submit those papers. It doesn' t have to be
10 done tonight. What we are very simply going to
11 do is to recess this until the next regularly
12 scheduled Hearing. Hopefully at that time we
13 will have the single and separate search.
14 MR. FLYNN: F. M. Flynn, Southold.
15 The reason perhaps I was not at that last
16 Hearing was because I was hospitalized at Stony
17 Brook and really wasn' t aware of the circumstances.
18 MR. GOEHRINGER: I see.
19 MR. FLYNN: However, if I read the public
20 notice here correctly, this meeting is open to all
21 comments upon this matter and I would like to speak
22 in some detail initially concerning the remarks
23 you 'have made. It appears that at the last meeting
24 the owner. or the applicant .has revised his
25 ownership or his claim to ownership of Upland
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2 land as contracted with his previous submissions
3 to the Board to various other agencies including
4 the DEC and in effect if he has done so, he has
5 negated his entire application process and has to
6 go back to square one. There is a question about
7 ownership and it' s always a question of actual
8 ownership and beneficial ownership. That is a
9 legal question to be decided. But by the way,
10 it doesn' t improve his situation one bit.
11 I would like to address this Board in some
12 detail along this matter. To date there ' s been
13 so much confusion that it reminds me somewhat of
14 the story of the drunk grasping a lamppost. He
15 grasps. it for support but not for illumination.
16 In my own simple way I ' d like to cast a little
17 light on this matter and I ask your leave to
18 address this matter in some detail because you
19 have been discussing this matter for a matter
20 of years with the applicant where we, the public,
21 have very scant opportunity to address the Board.
22 So by your leave I would like to take up a few
23 mintues of your time and inform you as to some of
24 the details of this matter about which you may not
25 be informed. May I proceed?
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2 MR. GOEHRINGER: Yes.
3 MR. FLYNN: I 'm going to read my comments.
4 There' s some question of detail matter and this
5 is also a question that I want the accurate record
6 to be retained. Now, as I say, I intend to read
7 my remarks so that there is no question of the
8 accuracy of the transcription of my statements as
9 they appear in the record of this proceeding.
10 I submit that a vote on whether to reopen the
11 Hearing on this matter is begging the question and
12 not in the public interest. This Board, if it
13 recognizes it or not, is confronted by a Hobson' s
14 Choice. For any unfamiliar with the expression,
15 it means no choice at all.
16 Under the law, you have no alternative but
17 to deny this application summarily. To do
18 otherwise cast doubts in my mind on the competence
19 or integrity of the Board of Appeals and of the
20 Town Board of which it is a creature.
21 The same may be said of the Planning .Board
22 which reviewed a plan which is in direct conflict
23 with the provisions of Southold' s Zoning Code.
24 Unbelievably, this same Planning Board issued a
25 Negative Declaration for a plan which, if
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2 approved, would have a devastating effect on the
3 environment.
4 The only real question is why the Board of
5 Appeals has temporized so long. Even a cursory
6 examination of the subject application should
7 have resulted in its peremptory rejection.
8 We stand on the verge of entering the last
9 decade of the twentieth century. Southold is no
10 longer a fiefdom where variances can be given
11 like lollipops to a favored few. Southold,
12 unless I am mistaken, is located in the State of
13 New York and subject to its laws.
14 Case law on zoning, and more particularly
15 on variances, has become well established over the
16 years. This is as well might be since the New
17 York State Enabling Act for Town Zoning admonishes
18 that the power to grant variances is to be
19 "sparingly used in rare circumstances. " This
20 admonition has been ignored conspiculously in the
21 Town of Southold. In the subject instance, it is
22 all the more pertinent in view of the recently
23 adopted Zoning Code.
24 Further. an applicant seeking variances
25 must submit convincing proof of hardship or
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2 practical difficulties. These are terms with
3 legal meanings and are not matters for
4 subjective interpretation. The subject applicant
5 has submitted no such proof, nor could he.
6 The courts have held that hardship means
7 financial hardship and that "dollars and cents"
8 proof thereof must be submitted. As long as a
9 property has utility and value there is no
10 hardssip under the law.
11 Case law specifically states: "Hardship
12 is not established by proof that a variance will
13 enable the applicant to operate an existing
14 business more frofitably. " This alone negates
15 the obvious thrust of the applicant' s argument.
16 As for practical difficulties or unique
17 circumstances, they do not exist except as a
18 fancied impediment to a plan to exceed the
19 building coverage permitted by the Zoning Code
20 or to maximizing the applicant' s profits.
21 The powers of the Board of Appeals are
22 circumscribed in the Town Code. It is permitted
23 to vary the "strict letter of these regulations" ,
24 i.e. , the Zoning code. I submit that to approve
25 the subject application would entail the
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2 abandonment of the entire alphabet.
3 The duties of this Board also include the
4 preservation of the public safety and welfare.
5 These considerations, alone, provide obvious
6 grounds for denying the subject application.
7 Nation-wide studies of zoning decisions
8 reveal that the most egregious acts of Boards of
9 Appeal involve their violation, as unelected
10 officials, of legislative enactments. The scope
11 and magnitude of the variances sought in the
12 subject application are such as to make a mockery
13 of the Town' s newly minted Zoning Code. To grant
14 them goes far beyond the Board' s purview.
15 Now to address the substance of this
16 application. It represents a flagrant attempt
17 to circumvent and flout the Zoning Code. It can
18 best be described, in simple, direct terms as an
19 attempt to cram ten pounds of sugar into a five
20 pound bag. There is no question that the
21 applicant has enough upland to comply with the
22 Code. The extent of the variances sought
23 necessitates the use of the old Gaelic term,
24 chutzpah, to do justice to the effort.
25 First, under the Town' s Zoning Code, the
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2 applicant has, at most 104 , 920 square feet of
3 upland available for marina operations. The
4 Zoning Code permits 30 percent coverage, or
5 31 , 476 square feet of buildings. Existing marina
6 structures total 46 , 185 square feet. Thus, the
7 existing structures exceed the coverage permitted
8 by the Code by 14 , 709 square feet. The existing
9 coverage is 147 percent of that permitted by the
10 Code., Approximately 49 , 030 additional square
11 feet would be required to accommodate the existing
12 structures in conformance with the Code.
13 Even the existing coverage is non.-
14 conforming. A stated objective of the Town Code
15 is the gradual elimination of non-conforming
16 properties, not their proliferation.
17 To a density which already exeeds the
18 maximum permitted, it is proposed to add
19 31 , 490 square feet of improvements. Even adjusted
20 for proposed demolition, the total of 74 , 275
21 square feet of buildings would be more than double
22 the coverage permitted by the Code. The proposed
23 complex would require, at 30 percent building
24 coverage alone, 247 , 583 square feet of upland,
25 or 142 , 663 square feet more than is available for
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2 marina operations. Proposed coverage would
3 represent 236 percent of that permitted by the
4 Code.
5 Second, the applicant has arbitarily
6 reduced the Code' s requirements for docked boats
7 by one-half, and by three-quarters for boats in
8 rack storage. Such a change in parking requirement
9 is no mere variance, but requires a legislative
10 change in the Town Code with the attendant
11 public hearings .
12 Code requirements for the project dictate
13 at least 386 parking spaces, or 135 , 100 .square
14 feet. The applicant proposes to provide 145
15 spaces. The resultant shortage is 241 parking
16 places, or 84 , 350 square feet. This shortage for
17 parking alone is 1 . 94 acres net. And by way of
18 explanation, I mean net of side yards, front
19 yards, planting areas, etc.
20 This entire parking issue is a smoke screen,
21 or red herring. It represents an attempt by the
22 applicant to divert attention from the fact that
23 such an amendment of :the Zoning Code would permit
24 him, and other marina operators, to launch as many
25 as four times the number of boats into the already
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2 imperiled Peconic Bay as is currently permitted.
3 Third, no provision has been made for the
4 20 percent landscaping required by the Zoning
5 Code.
6 Fourth, my analysis indicates that to
7 conform to Code requirements, this project would
8 require approximately 3 . 6 additional acres of
9 upland. To put into perspective the outrageous
10 nature of the variances sought, the applicant
11 seeks the additional utility of one and one-half
12 times the acreage that he actually has available
13 for marina operations under the provisions of the
14 Zoning Code.
15 Fifth, front and side yard variances are
16 sought purely to increase the profitability of
17 the owner' s operations. The specious reasoning
18 behind the front yard variance sought is because
19 his other main structure is non-conforming.
20 The basis for the side yard variance has even less
21 validity.
22 Sixth, consideration of the public ' s
23 health, safety and welfare are, or should be,
24 paramount in the Board' s considerations. It is
25 proposed to erect a monolithic structure 45 feet
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2 high housing 160 or more fuel laden boats within
3 five feet of an abutting property line and in close
4 proximity to a State highway. What would happen
5 if the neighboring property owner sought a
6 similar variance for which you have set a
7 precedent? Or suppose the neighboring property
8 owner merely exercised his vested right to build
9 a similar structure within 30 feet of the one
10 proposed? What would be the problem of
11 accessibility for emergency equipment in the event
12 of a conflagration?
13 By what the operators apparently interpret
14 as a God-given right, it is certainly not a right
15 granted by the State of New York, they have
16 incorporated State Route 25 as part of their
17 operations by freely transporting boats and
lg equipment across the highway by truck, fork lift
19 and travel lift. It has also been suggested that
20 additional marina parking be located on the north
21 side of the highway creating additional vehicular
22 and pedestrian traffic. This along an already
23 heavily traveled highway lacking traffic controls,
24 curbs, curb cuts, sidewalks, pedestrian crossings,
25 etc. Granting this application would set a
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2 precedent for similarly increased traffic
3 throughout the Town with devastating effects,
4 particularly on residential areas.
5 To summarize to this point, approving this
6 application would constitute the Board' s making
7 the applicant a gift of the utility of, and
8 hence, the value of approximately 3 . 5 acres of
9 commercially zoned waterfront upland. In addition,
10 its pernicious influence would be felt
11 throughout the Town. The character of the Town
12 would be permanently altered for the worse by
13 making provision for launching several thousand
14 more boats with increased traffic hazards, demands
15 on our limited utility, etc.
16 It is a travesty that the applicant has ,
17 by his letter of November 8 , 1989 , to the Board,
18 claimed an area of upland ownership reduced from
19 that previously stated to the Board and other
20 governmental agencies. I repeat, that by so
21 doing he has invalidated his entire application
22 process. Further, even if such a claim were true,
23 the same principles and similar calculations
24 would obtain. In short, the entire application
25 represents an outrageous attempt to rezone his
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2. property via .variances an obvious direct conflict
3 with zoning law:
4 Now, as a point of personal privilege, I
5 would .like ,to,, disabuse .the Board of .any
6 impressions it, may have .garnered regarding me and
7 my analysis` from': Mr. Lieblein' s letter of
8 November 8tY . Regardless of Mr. Lieblein' s
9 impresSion. that I `consider him. and all marina
10 operators to be - sly, ,-sneaky and devious; I would
11 like to state that I have had .a personal 'interest
12 in `mar..ina operations, :and. I. prefer hot to think
13 of myself in those terms. As in all fields,
14 .there are good 'and, bad operators. This is really
15 a .subjective• matter, for the public to decide.
16 Such a poll would .produce some Anteresting
17 results and . I'm sure at least. .some of the operators
18 would match Mr.. Lieblein' s rather florid
19 characterization:
20 I'm sure all businessmen, myself, included,
21 are .profit oriented. The issue here is the
22 question of ..increased profitability as the basis
23, for. granting variances,. -The law is. perfectly "
24 clear -in its dismissal of ''such.,grounds.
25 As for the ownership of the• motel property,
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2 Mr. Leiblein includes it in the description of
3 the property owned or controlled by the Port of
4 Egypt in his submissions to. the Board and other
5 agencies. I might add that he has personally
6 listed the property for' sale with various real
7 estate brokers . I state again, to deny ownership
8 now is to -negate his application.
9 My comments regarding the tax exempt status
10 of the motel property hardly constitutes a
11 "zinger" . Were you .to consult Southold' s Tax
12 Roll it is indicated that the property is tax
13 exempt. Parenthetically, some of Mr. Leiblein' s
14 property zoned M II is carried on this Roll as
15 vacant residentially zoned land. In any event,
16 the motel property' s tax exempt status was
17 confirmed by my inquiries of the Suffolk County
18 Industrial Development Agency. Mr. Lieblein,
19 perhaps inadvertently, confirms this by referring
20 to a payment in lieu of taxes. His payment
21 represents a partial payment of total taxes
22 and reflects the exemption of taxes on the value
23 added by funds advanced by the IDA. An
24 in question arises from this state of
25 affairs. If the IDA were to advance the funds
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2 for . the proposed new construction, would it not
3 b'e, in its entirety, tax. exempt?
4 My reference 'to "demonstrable demand" was :
5 abstracted from, the Marina Criteria subscribed
6 to by. New, York' s Department of State in connection
7. with .its Co,astal .Management Program. Mr. Lieblein
8 concedes some vacancies. The same is true of
9 other marinas in the Town. Demonstrable demand
10 must be considered on a Town-wide basis. Surely,
11 the Board is aware of marina expansion and new
12 construction in the Greenport- area. Certainly
13 this has bearing on the question of. foreseeable
14 demand. Mr. Lieblein has conceded that only 25
15 percent of .marina capacity .in the Town is . occupied
16 by Town residents. ' This means' tha.t 75 perecent
'17 of the. .Town' s current .marina capacity is occupied
lg by non-residents.' Even at the; projected full.
19 development of the Town' s -population, 50 percent
20 of the current. marina capacity would .still' be''
21 available to non-res,idents... This brings up the
22 inevitable question of how* much are we, as a 'Town,
23 expected to contribute to, the "further -degradation
24 of the .Peconic: Bay Estuarine System? Further; how
25 much of the� Town' s quality of life, .and the health
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2 safety and welfare of its people, are to be
3 sacrificed for non-residents?
4 Mr. Lieblein insults the intelligence of
5 the Board when he states that only 300 square.
6 feet of ground area is needed to block and store
7 a 30 foot boat. Boats are not stored like coins
8 in a wrapper. In the first place , few modern 30
9 foot boats have a beam of only 10 feet. Regardless
10 of this fact, it has to be conceded that space
11 has to be provided on both sides of the boat and
12 at its stern. If we allow a boat two and one
13 half feet of clearance on each of these sides,
14 we have a' net ground area of 488 square feet
15 occupied by the boat alone. This is, obviously,
16 the equivalent of almost one and one-half
17 parking spaces.
18 overlooked in Mr. Lieblein' s calculation
19 is the requirement for maneuvering area between
20 the boats for requirement to place the stored boats
21 In the case of the proposed new storage building,
22 approximately 80 feet has been allowed for this
23 purpose. Allowing half of this width per boat
24 results in a requirement of an additional 500
25 square feet of ground area per boat. Thus the total
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2 is- 588, square feet per boat., or` 2 ,8 parking spaces.
3 My mental calculation was' not, far off the mark, '
4 particularly if boats in excess of 30 feet in
5 •length are to be stored. .
6 As proof of 'my contention in the,. matter.
7 of Young' s Marina, with which the Board is
8 .. .familiar„' .the.. owner concedes at upland area of
9 4 acres is required for 138 boats.. This translates
10„ : to_ 1,., 263' ,squar,e feet per boat. ,
11 Mr. Leblein advances the 'argument, that
12, additional' boats can .be stored, presumably in .the
13 aisles. This raises the question of ,
. 14 accessibility, particularly in; the event of an
15 emergency... Also, unaddressed is the,.question of,
16 the additional parking required for the additional
17 boats.. And- so on ad, infinitum.
18 Mr. Lieblein_ also' states he can store' boats
19 four high .in the' proposed .building.. He has also .
20 stated he can store boats in the center aisle of
21 the building. . How. many boats -does, he , really intend
22 to . launch into an, already overcrowded Budd' s Pond?
23 would not the other neighboring marina operators
24 petition.' for similar variances?
25 The number of parking .spaces constitutes
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.2 the :,only .effectiv , control the Town has over the
3 number. of boats to be launched from a given site.
4 In Mr. Lieblein'..s case, '. he proposes to accommodate
5 a .minimum of 362 boats on a 2':4 acre site, or
..6 '. 151 boats per acre: This in a , Town that professes
a desire. •to ',restrict development by zoning
8 residential lots to two acres.
9 -..With further'.respect. to parking, the
10 requirements of the Code are clear. Variances
11 of .the magnitud6'.sought are beyond the purview of
12 the Board of Appeals. Even"a 'reapplication with a
13 change in the parking plan by including parking on
.14 the north side of Route 25 would not obviate the-
15, shortfall. in parking spaces it would, however,
16 precipitate the safety and welfare problems
17. previously discussed. ,
18_ Further, the parking. issue has no -effect
19 to the questipn .,of the-. maximum- building coverage
20 permitted by.,the, Zoning Code-.
21 Unbelievably, Mr. Lieblein has based his
22 arbitrary parking plan on surveys conducted in
23 Australia .and on Puget, Sound. I would suggest the
24 Board investigate `.the 'requirements of neighboring
25 communities which share the Peconic Bay as . a common
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2 resource. More particularly, the Board should
3 investigate the problems with parking for rack
4 storage in the Village of Freeport.
5 I am heartened that Mr. Lieblein concedes
6 that he was unsuccessful in analyzing my
7 calculations. They are really quite
8 straightforward. Perhaps he meant he was
9 unsuccessful in countering them.
10 Mr. Lieblein introduces some area
11 calculations made by Mr. VanTuyl into his argument.
12 Mr. VanTuyl is a reputable and competent surveyor.
13 However, in this, as in similar instances he
14 serves as a technician. He makes the
15 calculations he is instructed to make. It is
16 obvious he has excluded Lot 3 . 4 , the motel site,
17 from his calculations of net upland area in the
18 ownership/control of the Port of Egypt. This is
19 clearly in conflict with previous submissions by
20 the applicant. Even if one were to disregard
21 this obvious flaw, the applicant has not materially
22 altered confrontation by the basic questions of
23 coverage and parking.
24 Mr. VanTuyl ' s land area calculations for
25 Lots 4 and 6 . 1 coincide rather closely with mine.
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2 Mr. Lieblein makes reference to the basin.
3 Actually there are two basins . Perhaps it is
4 coincidental, but if the area of the second
5 basin is deducted, my area claculations are
6 within 120 square feet of Mr. VanTuyl ' s.
7 In claiming an area of 215 , 058 square feet
8 as available for marina operations, Mr. Leiblein
9 disregards the Code requirement of 80 , 000 square
10 feet for the restaurant. I would also point out
11 to the Board that the area covered by Mr. Lieblein'
12 lease to the restaurant., has no bearing on zoning
13 requirements .
14 As for the calculations of building area,
15 I don' t know what buildings Mr. VanTuyl was asked
16 to calculate. Obviously, his calculations of
17 building areas and percentage of coverage differ
1s from mine. I can only state that my
19 calculations were made, in large part from Mr.
20 VanTuyl' s survey of the subject property. The rest
21 were made from Peconic Associates ' Plot Plan.
22 Now, Mr. Lieblein poses the question as to
23 why I considered the concrete washing pads as a
24 building. Perhaps this accounts for part of the
25 discrepancy in building and lot coverage
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2 calculations. The basis for my including the
3 washing pads is obvious to anyone familiar with the
4 Southold Zoning Code, Section 100-13 defines
5 "Building" , in part, as, and I quote: " . . .also
6 any combination of materials forming any
7 construction except when entirely underground so
8 as to permit the use of the ground above the same
9 as if not building was present. " It should also
10 be noted that the elimination of these pads would
11 be contrary to DEC requirements.
12 Finally, with respect to Mr. Lieblein' s
13 letter, he refers ' to the proposed lease of
14 9 , 240 square feet of State land. Having served as
15 a consultant to the Attorney General for many
16 years, I doubt that the State requires anyone to
17 lease its land. Nevertheless, any lease does not
18 confer title and is of a transient nature. Thus,
19 it cannot serve as a basis for increased building
20 coverage.
21 It appears I have come full circle. I
22 believe I have proved that it is possible for
23 an applicant to use calculations for support, but,
24 not necessarily, for enlightenment.
25 Perhaps the ultimate irony inherent in this
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2 application is the grandiose promise of
3 economic benefit to the Town. In exchange for the
4 destruction of the Town' s natural environment and
5 its quality of life, Mr. Lieblein is on record
6 that his project would provide exactly two extra
7 jobs.
8 In conclusion, the actions of Town agencies,
9 in this matter, gives rise to the suspicion that
10 we, the ordinary residents, are confronted by a
11 done deal.
12 I must express my resentment, as a private
13 citizen, that I have had to prepare the type of
14 detailed analysis that it is the Board of Appeals '
15 duty to perform. The law is clear. The
16 calculations are simple. The conflicts with the
17 Zoning Code are self-evident.
.18 If the Board is unable, or unwilling, to
19 perform its duties in a professional, unbiased
20 manner, I would suggest it resign. Such an action
21 on its part would allow the new Town Board to
22 appoint a Board both willing and able to act on
23 behalf of the public at .large. And I ' ll provide
24 you with a clean copy' of this and I ' ll also
25 provide you with a copy (indicating. ) .
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2 MR. GOEHRINGER: Mr. Flynn, I 've only one
3 question to ask you and that is, I don't want to
4 get invovled with the controversy but how do you
5 determime that this was a done deal? First of all,
6 sir, I 'm extremely upset with your letters to
7 this Board. All you had to do was have yourself
8 or your wife call this Board when you were in the
9 hospital and we would have very simply left this
10 Hearing open for you to submit all the testimony
11 that was . required. That' s number one.
12 Number two, I am tired of receiving
13 information from you which clearly states that
14 we are doing something illegal. We are doing
15 nothing illegal. We advertised this last Hearing,
16 we closed this last Hearing in good faith, and
17 we have no opened this Hearing strictly for you
18 to submit your information tonight.
19 MR. FLYNN: Now may I answer?
20 MR. GOEHRINGER: Yes, you may answer.
21 MR. FLYNN: Why do I think it' s a done deal?
22 I didn' t say a done deal, I said I 'm suspicious
23 it' s a done deal. And the reason I 'm suspicious
24 is the entire history of this. How this ever got
25 passed the Planning Board so obviously at variance
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2 with the requirements of the Zoning Code.
3 Secondly, how it was presented to you and no
4 questions were raised at the time of presentation.
5 These lead me to believe, and even the method by
6 which you offered such solicitious questions
7 of the applicant this evening, indicated to me
8 that this Board leans towards applicants in many
9 instances. And if you would like me to recite
10 some of the instances, I have investigated some
11 of the things the Board has said, and that' s not
12 at. apropo of this -particular Hearing. But if
13 you get insulted by anything I -have to say, you
14 are being insulted by the truth. And, therefore, -
15 MR. GOEHRINGER: That is incorrect.
16 MR. FLYNN: -- you as a public official
17 have no reason to take umbrage You can counter
18 anything that I say as not being factual but that
19 is the extent of what you can do.
20 MR. GOEHRINGER: Sir, I will personally
21 counter what you are stating as not factual in
22 our decision when it comes to that particular
23 point and only at that particular time. I am not
24 here to chastise anybody. I 'm telling you, sir,
25 that when you write to this Board or when you talk
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2 to this Board, you are talking to this Board as an
3 individual of the Town and do not ever say that
4 we' re doing something illegal because we ' re not
5 doing anything illegal.
6 MR. FLYNN: I am saying you are on the verge
7 of doing something illegal and I 've said that very
8 clearly. You are on the verge of doing something
9 illegal if you approve this application.
10 MR. GOEHRINGER: I am not.
11 MR. FLYNN: That' s been the thrust of all
12 my statements to you. And incidentally, you saw
13 fit to return one of my letters unread.
14 MR. GOEHRINGER: I told you why we returned
15 it, because the Hearing was closed.
16 MR. FLYNN: Because Mr. Lieblein submitted
17 a letter as of November 8th and you closed the
18 Hearing as of November 8th. I don' t consider that
19 giving the general public an opportunity to counter
20 those remarks.
21 MR. GOEHRINGER: I told you, sir, that all
22 you had ,to do was inform us that you were unable
23 to attend that particular Hearing and we would
24 have left the Hearing open for you to voice your
25 remarks, which you so did tonight. Okay?
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2 MR. FLYNN: Yes . I appreciate your giving
3 me the opporunity.
4 MR. GOEHRINGER: And I appreciate it
5 that when you write to this Board that you don' t
6 clearly state to this Board, and that' s what you
7 did in your letter, which I don't have any more --
8 MR. FLYNN: Oh, I ' ll give you a copy.
9 MR. GOEHRINGER: Fine.
10 MR. FLYNN: I ' ll give you a copy right
11 now. I did not state you were doing. anything
12 illegal. _I said you were on the verge of doing
13 something illegal if you approve this application.
14 And if you will consult the town attorney, I 'm
15 sure you' ll get the same answer from him. There
16 has been no proof submitted, none of the required
17 proof has been submitted in this matter.
18 MR. GOEHRINGER: Have we made a decision
19 on this?
20 MR. FLYNN: I say I told you all along in
21 the form of a warning that were you to do that,
22 because of your obvious reaction to the submission
23 of this application, had anybody on this Board
24 done their job and examined this application
25 from day one, you would have known it was faulty.
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2 And if you were prepared when this application
3 was publicly submitted to you, you would have had
4 some questions for the applicant which, as you
5 recall, you did not.
6 MR. GOEHRINGER: Mr. Wickham, it' s so nice
7 to see you. How are you tonight?
8 MR. WICKHAM: Good evening. I 'm John
9 Wickham from Cutchogue. I came here to say in very
10 few words something that means quite a good deal
11 to me. I remember very distinctly that the former
12 Supervisor Albert Martoccia said the Board must
13 say no 90 percent of the time. And to remind you,
14 you- said- no to me the last time when I came before
15 you. I am concerned primarily about the total
16 picture, and I 'm not going into any of the details,
17 but I think there is something emerged which we
18 haven' t faced up to and it' s having or will have
19 a very significant effect on some parts of our
20 water based economy, and that is rack storage.
21 In my opinion, rack storage is and will have
22 a very definite effect upon all marina operations.
23 I can' t feel that it' s totally to blame for the
24 I will say collapse of the bayfront ship yards
25 and so forth in Greenport and much closer to me in
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2 New Suffolk but if rack storages are allowed
3 to proliferate, there will be a very very real
4 collapse of water based -- oh, the word I want
5 to use escapes me, but anyway the use of the water
6 as recreational in other areas aside from those
7 few who are granted rack storage. And for this
8 reason I feel in this particular case that there
9 is really no hardship because here there is already
10 rack storage and he has gotten ahead of the
11 competition, most of -the competition, and I happen
12 to believe in that sort of thing. But it' s been
13 clearly explained to me that to become before
14 your Board you must have hardship and in this
15 particular case where he' s ahead of everyone else
16 in that area, I can' t see any hardship. And I
17 again feel that in looking at the long term effects
18 of rack storage in the Town of Southold you've got
19 to be very very careful. The decision is yours ,
20 thank goodness .
21 MR. GOEHRINGER: Thank you, Mr. Wickham.
22 MS. NORTHAM: Good evening. My name is
23 Johanna Northam. I 'm a member of the North Fork
24 Enviornmental Council. The North Fork
25 Environmental Council requests that the Zoning
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2 Board of Appeals reviewing application number
3 3770 , Port of Egypt project, take into consideration
4 the following issues prior to granting an
5 application for said project:. Compliance of
6 30 percent lot coverage as outlined in Marine 11
7 code, compliance with parking code limitation of
8 one car per parking space, projected impact on
9 Hashamomuck Pond and increased septic leachate
10 problems. Thank you for your attention to this
11 matter.
12 MR. GOEHRINGER: Go ahead.
13 MS. KREMIS: I 'm Ann Kremis and I 'm a
14 Director of Southold 2000 and I just want to say
15 that we support Mr. Flynn' s position that the
16 variance with the Port of Egypt be reopened for
17 public hearing since the original application. has
18 been changed. That' s about it.
19 MR. GOEHRINGER: Thank you. Is there
20 anybody else that would like to speak? Seeing no
21 hands, no further hands, we will --
22 MR. LIEBLEIN: One second.
23 MR. GOEHRINGER: Pardon me.
24 MR. LIEBLEIN: Can you tell me roughly when
25 you' re going to have the rehearing? Is it next
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2 month? I would like to point out that the boat
3 show opens on the llth and closes on the 21st
4 so if you could have a hearing just prior or
5 preferably after the boat show --
6 MR. GOEHRINGER: Around the 27th?
7 MR. LIEBLEIN: That will be fine. I 'm not
8 sure what this question of ownership is all about.
9 MR. LIEBLEIN: My brother-in-law and I ,
10 and my wife and his wife, own the corporation and
11 bought the Southold Motel under the auspices
12 coverage of IDA. We are presently trying to
13 sell it and haven' t been successful in doing that.
14 At one point we applied to build a motel project that
15 was going to have motel units on that property and
16 the other., and if that had been granted we would
17 have put everything under one roof. That was not
18 granted. I assume that is what the question
19 is. I assume that since all this information has
. 20 been presented, I can have the opportunity to
21 review all the information that has been put in;
22 I certainly did not make any attempt to respond at
23 this point to the lengthy -- in most cases it was
24 a repetition -- but regardless, in the last
25 instance I believe it took three weeks to get a
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2 copy of the transcript, at the last Hearing I
3 submitted a letter which eliminated the problem
4 of::having to wait so Mr. Flynn was able to get
5 a copy of that, which I have no problem with, and
6 I would assume that the same courtesy would be
7 extended to us. That tomorrow or the next day
8 we could pick up a copy so that we could attempt
9 to answer questions raised.
10 MR. GOEHRINGER: Certainly.
11 MR. LIEBLEIN: I thank you for your time.
12 MR. GOEHRINGER: Hearing no further
13 comments, I make a motion to recess the Hearing
14 to the next regularly scheduled meeting.
15 MR. SAWICKI : Second.
16 MR. GOEHRINGER: All in favor?
17 THE BOARD: Aye.
18 MR. GOEHRINGER: Thank you all for coming.
19 (TIME NOTED: 10 : 25. P.M. )
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J 2 CERTIFICATION
3
4 I , DONNA PALMER a Notary Public
5 in and for the State of New York , do hereby
6 certify :
I
7
8 THAT the foregoing is a true and accurate
9 transcript of my stenographic notes .
10
11 IN WITNESS WHEREOF , I have hereunto set my
12 hand this day of January 19= %
13
L
14
15
DONNA PALMER
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17
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10
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20 R AND FILED BY espectfully submitted ,
;S'L?t�THOLD TOWN CLERK
21 g �/
22 Acting Clerk to the
Board of Appeals
23 C._:'M .Clerk, Town of Southold
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