HomeMy WebLinkAboutZBA-05/15/1990 HEARING 1 TOWN OF SOUTHOLD
COUNTY OF SUFFOLK : STATE OF NEW YORK
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4 TOWN OF SOUTHOLD
5 ZONING BOARD OF APPEALS HEARING
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Town Hall
8 53095 Main Road
P.O. Box 1179
9 Southold, New York 11971
10
May 15, 1990
11 7 :37 P.M.
12
13
14 B E F O R E
15 GERARD P. GOEHRINGER,
16 Chairman.
17
BOARD MEMBERS:
18
CHARLES GRIGONIS, JR.
19
SERGE DOYEN, JR.
20
JOSEPH H. SAWICKI
21
JAMES DINIZIO, JR.
22
2-3 Doreen' Fe_r_werda ,
Secretary to Board
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25
r
2
2 THE CHAIRMAN: This is the regular
3 monthly meeting of the Southold Town Zoning
4 Board of Appeals . The first' hearing on the
5 agenda is Appeal Number 3940 , in behalf of
s Harold and Sara Taubin. The legal notice
reads as follows :
8 Appeal Number 3946 , Harold and Sara
9 Taubin, Variance to the Zoning Ordinance,
10 Article IIIA, Section 100-30A. 4 (100-33) for ,
11 permission to construct an accessory .
12 building in front yard area. Accessory
13 buildings may be located in the required
14 rear yard. Property Location: 625 Terry
15 Lane, Southold, County Tax Map No. 1000 ,
16 Section 65, Block 1, Lot 23 .
17 I have a copy of the survey.
18 Actually, it is a sketch of the building .
19 indicating a site plan of the approximate
20 size and location of the primary structure
21 and an indication of the accessory
22 structure, which is the nature of this
23 application, which is approximately 12 by
24 14, located approximately 150 feet, plus or
25 minus, from Terry Lane, about 16 feet from
3
2 the east property line.. I have a, copy of
3'
the Suffolk County Tax Map indicating this
4 and surrounding properties in ,the area..., For
5 the' record, this lot is approximately 100 by
239 variable.
6
7 Would .somebody like to be heard in
8 behalf. of the application? This is the
9 first appeal .
10 Would you like to be heard, sir?
MEMBER OF THE "AUDIENCE: No.
12 MR; "HELINSKI : Peter' Helinski .
13 THE. CHAIRMAN: Will _-this building, be
. 14 direction on the ground or will there be
15 cement block underneath it? What type will
16 it be?
17 MR. HELINSKI :, It will be set on
18 cement blocks but the wood that will be
19 touching. the ground or near .the ground will
20 be CCA. It will be treated material .
21 THE 'CHAIRMAN: , The purpose of the
22 building is merely .-for, storage. Will it
23 have any utilities?
24 MR. HELINSKI : No. Strictly for
25 storage. ,
4
2 THE CHAIRMAN: No utilities? No
3
plumbing?
4 MR. HELINSKI : No, nothing.
5 THE CHAIRMAN: All right . I think
6 that pretty much answers my question. We
7 will see if anything else develops . We
8 thank you for coming in.
g MR. HELINSKI : Thank you.
10 THE CHAIRMAN: Is there anybody else
11 that would like to speak in favor of the
12 application?
13 Anybody that would like to speak
14 against the application?
15 Any questions from Board members?
16 Hearing no further questions , I make a
17 motion.
18 MR. SAWICKI : Second.
19 THE CHAIRMAN: All in favor?
20 MR. GRIGONIS: Aye.
21 MR. DOYEN: Aye.
22 MR. SAWICKI : Aye.
23 MR. DINIZIO: Aye.
24 THE CHAIRMAN: I hope to have a
25 decision for you in a couple of weeks .
� 5
2 Thank you- .for coming in.
3 The next appeal is in 'behalf of
4, Patrick Lohn. This is Appeal Number 3937 ,
5 in behalf of Patrick Lohn. The legal notice
6 reads as follows :
7 Appeal Number ,3937 , Patrick Lohn.
8 Variance to the Zoning Ordinance, Article
9 XXIII-, Section 100-239.4B, for permission to
10 construct a 'deck. Proposed construction
11 will be 'less than 75 feet- from the bulkhead.
12 Property Location: 2480 Minnehana Boule
13' vard, Southold, County Tax Map Number 1000,
14 Section 87 , Block 3, Lot 57 .
. 15 I have a copy of the sketch of the
16 site plan. The application before us is for
17 . . . .it appears to be a 6 by 12 storage
18 building approximately 13 feet from . . .
19 referred to as a cove, but it is also a boat
20 slip similar to what is also cut .in the
21 property on the other side and a deck of 13.
22 'by 14 which appears- to be ground level
23 adjacent to the bulkhead. And a copy of the
24 Suffolk County Tax Map indicating this and
25 surrounding properties in the area. For the
j� 6
2 record, this lot is Parcel Number 57 .
3 Is there somebody that would like to
4 be heard in behalf of this application?
5 MR. McVANN: My name is Tom McVann
6 and I am an attorney here representing the
7 owners of the property who are here in the
8 front row, as well .
9 This case has a little bit of a
10 history to it . I don' t know how much the
11 current .Board is aware of . Back in 1989,
12 the Board of Trustees inspected the site and
13 wrote a letter to the environmental
14 consultants saying they waived any further
15 review as long as he could get permits from
16 the Department of Environmental Conserva-
17 tion, which, in fact, were granted.
18 The Building Inspector issued a
19 permit to build a shed and the Lohns started
20 the shed, and when they came back to get the
21 building permit to complete the deck,
22 because they had let the winter go by, they
23 were told there was another variance
24 required. The variance from this body,
25 because it was left 75 feet from the
I
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2 existing bulkhead. In fact , the lot is less
3 than 75 feet wide from the road to the
4 water.
5 The lot has no building on it at all ,
6 other than a little accessory building.
7 Whether or not the lot is a building lot in
8 modern times, I don' t know. But it
g certainly is not a very substantial use for
10 this particular piece of property.
11 Mr. Lohn has a house across the
12 street and his children like to play on this
13 particular piece, and he would like to keep
14 his boat there. The reason that he wants to
15 build a deck is so that the children are not
16 on the ground. The grass won' t grow
'17 correctly there and there is dirt, and there
18 is nothing of any environmental value and he
19 wants to put a smooth wooden deck over it to
20 keep his kids clean in the summer . That is
21 why we are here.
22 THE CHAIRMAN: To answer your
23 question, at one time there was a question
24 of overlapping jurisdiction between the Town
25 Trustees and the Zoning Board of Appeals .
8
2 It was at that particular time, that 's when
3 I say . . . and I am trying to give you some
4 timeliness involved here . . . I would say
5 between the last year there was a change and
6 basically what developed was the Zoning
7 Board of Appeals had jurisdiction where
8 there was a bulkhead or some sort of
9 fragmentation of the bulkhead and the
10 Trustees had jurisdiction when there was no
11 bulkhead. So in this particular case they
12 were probably correct in granting a waiver,
13 notwithstanding the fact that the Zoning
14 Board of Appeals came in and had other
15 jurisdictions within the 75 feet .
16 MR. McVANN: I don' t have any problem
17 with that . I appreciate your explanation.
18 You have to wonder. Mr. Lohn is amused that
19 it took 19 months from start to finish
20 between the agencies involved to keep his
21 kids off the dirt .
22 THE CHAIRMAN: Can I ask you two
23 questions?
24 MR. McVANN: Sure.
25 THE CHAIRMAN: The storage building
1 9
2 will only be used to store furniture or boat
3 related items?
4 MR. McVANN: That is correct . It
5 will have no electricity, no plumbing or
g anything of that nature.
7 THE CHAIRMAN: The deck will remain
g its present size, 13 by 14?
9 MR. McVANN: The size that is shown
10 is . . .
11 MR. LOHN: . . . on the sketch. Can I
12 come forward and show .you?
13 The deck area will be roughly 13 by
14 14 to the little skirting in front of the
15 shed. I have it all staked out down there.
16 I wasn' t sure if anybody got down there.
17 This little thing referred to as a cove is
is what we use for the bathing area. There are
19 no boats kept down there or anything; and
20 the main reason we wanted to do the deck is
21 that is where the bulkheading comes in.
22 There is a lot of . . . as you know,
23 when you get a bulkhead you have a lot of
24 dripping going down and we are also afraid
25 the kids are going to stick their legs down.
^ A/
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2 We couldn' t get grass to grow. We didn' t
3 want to put chemicals and pesticides . We
4 worry about ticks and other stuff . We
5 figured a deck would be a nice compromise
6 for it .
7 The only problem right now, I can' t
g use the property the way it is until we can
9 get it finished. So, but as far as the shed
10 is concerned . . . because that is basically
11 storage. That's all it is going to be and
12 that has already been framed. I guess you
13 saw it when you were down there.
14 THE CHAIRMAN: Do you want to give me
15 a guesstimate of how much deck you are going
16 to put on in front of the shed? We have to
17 reduce this to writing. I would hate like
18 heck to have the Board grant that and . . .
19 MR. LOHN: I hear you. I have it as
20 five feet in front and the reason I just . . .
21 it was just a subjective number so I
22 wouldn' t fall off when I opened the door.
23 The 14 is from the edge to here
24 (indicating) . This whole area here
25 measures approximately 25 feet (indicating) .
17-
1 11
2 I think it is .
3 MR. McVANN: Why don't you add a foot
4 to your guesstimate?
5 MR. LOHN: You've got six, five, and
6 14. That 's 25 . I would have to say that is
7 where it is .
8 MR. McVANN: Why don't we say 27?
9 MR. LOHN: Whatever it 's staked out
10 to be.
11 THE CHAIRMAN: We' ll make it 25 , plus
12 or minus .
13 MR. LOHN: On the other thing, on the
14 dimensions, we had to have the front of the
15 bulkhead redone and everything got moved
16 forward a foot . So all my great math went
17 out the window when that happened. Like I
18 said, it is since October 1988 it started.
19 It 's driving me crazy at this point .
20 THE CHAIRMAN: We apologize for this .
21 MR. LOHN: It wasn't you guys . The
22 Department of Environmental Conservation, I
23 blame it on them. As far as the deck is
24 concerned, it is going to be basically a
25 ground level type of structure. It is not
12
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2 going to be some humongous thing with steps .
3 THE CHAIRMAN: You want to give me an
4 idea as to the elevation?
5 MR. LOHN: I would say less than a
6 foot , because what we are trying to do is
7 make the deck level with the entry door to
8 the shed and that has been framed. So
9 whatever that is, that is what it is going
10 to be, a flush fit, or else the carpenters
11 won' t get paid.
12 THE CHAIRMAN: Very good.
13 MR. McVANN: Thank you. I certainly
14 don' t mean to complain, but you are here
15 working. You put in your time to the
16 community. It is just unfortunate that
17 bureaucratic things can kind of grind along.
18 In this case it did.
19 THE CHAIRMAN: J couldn't agree with
20 you more.
21 Is there anybody else that would like
22 to speak in favor of the application?
23 Anybody that would like to speak
24 against?
25 Any question from the Board members?
1 13
2 Hearing no further questions , I make
3 a motion closing this hearing and reserving
4 decision until later.
5 MR. SAWICKI : Second.
g THE CHAIRMAN: All in favor?
7 MR. GRIGONIS: Aye.
8 MR. DOYEN: Aye.
9 MR. SAWICKI : Aye.
10 MR. DINIZIO: Aye.
11 MR. 1OHN: One last question for me.
12 When will you let me. know?
13 THE CHAIRMAN: The next meeting is
14 scheduled for the 30th. So hopefully, we
15 will deal with most of the issues tonight.
16 Call us on the 31st, the morning of the
17 31st .
18 Thank you, gentlemen, we appreciate
19 it .
20 The next appeal is in behalf of JCM
21 Sales and Leasing. The legal notice reads
22 as follows :
23 Appeal Number 3935, JCM Sales and
24 Leasing. Variance to the Zoning Ordinance,
25 Article XXIII , Section 239. 4, for permission
1 14
2 to construct an accessory deck, proposed
3 construction will be less than 100 feet from
4 the top of the bluff . Property Location:
5 62825 North Road, Greenport, County Tax Map
6 Number 1000 , Section 40 , Block 01, Lot 11 . 1 .
7 I have a copy of the survey produced
g by Roderick Van Tuyl , P.C. , dated February
g 16, 1984, indicating a one and a half story
10 frame house. It appears to be 96 feet from
11 the top of the bluff or lift of the bluff .
12 The nature of this application is a platform
13 to be constructed almost even with the width
14 of the bluff , approximately 14 feet by 14
15 feet, as basically an observation deck or
16 sun deck, somewhat similar to what the
17 neighbors in the area have.
18 For the record, we did observe the
19 Stern property, which is the nature of the
20 application tonight before us , and the
21 Sterns have an observation or sun deck also,
22 assuming it is a similar type use. I have a
23 copy of the Suffolk County Tax Map
24 indicating this and surrounding properties
25 in the area.
15
2 Would anybody like to be heard?
3 Sir,' state your name for the record.
4 MR. BERARDINO: Joseph Berardino. I
5 . would just like to mention .that the plans,
6 when we presented them, we did get a, letter
7 from the Department of Environmental
g Conservation approving it . We had gotten a
g permit from the Trustees Department, but a
10 year and a half ago other things came about
11 that we didn't have the chance to construct
12 the deck. . By the time we got around to
13 constructing, we were told that the permit
14 had run out of time.
15 We applied for an extension and
16 received the extension, but then were told
17 by the Building Department that the Trustees
18 did not have jurisdiction any longer. They
19 said in that interim period, I guess', is
20 where the transition took place. and that we
21 would have. to reapply to the Building
22 Department which we did. We had to pay
23 another fee of $150 .00 , and we are at this
24 point now.
25 THE CHAIRMAN: Right . You want to
1 16
2 give me a best estimate on this survey
3 possibly and, of course, I have seen the
a site twice; once from your side and once
5 from the neighbor's side. Can you give me
6 an estimate of how far the platform, you
7 think this would be constructed, so when we
8 reduce it to writing . . .
9 MR. BERARDINO: This platform where
10 the stairs go down?
11 THE CHAIRMAN: Yes. How far to the
12 east would you say?
13 MR. BERARDINO: Twelve feet .
14 THE CHAIRMAN: Approximately 12 feet,
15 if I draw a box in there you . . .
16 'MR. BERARDINO: I have given you a
17 copy of one from the Department of
18 Environmental Conservation.
19 THE CHAIRMAN: I remember looking at
20 one, but I did not see when I did the
21 search. No, I didn' t see it . We might
22 have . . . on the morning we discussed this, I
23 thought you had shown me another copy. You
24 don' t have it?
25 MR. BERARDINO: Let me see if I have
17
2. it in my .papers .
.3 THE CHAIRMAN:•. Sure, take your time.
a MR. BERARDINO: It doesn't give you a'
5 distance, but about that far (indicating) .
6 THE CHAIRMAN: From actually, the 'top .
7 of the bluff , it -is going to be pretty much
8 even with it .
g MR. BERARDINO: Yes, but the posts
10 are back further. There will be an overhang
from the .posts, but it is not going to
12 overhang the bluffs .
13 THE CHAIRMAN: What do you think the
14 - elevation 'factor above the ground would be?
15 MR. _-BERARDINO: The ground slopes
16 away towards this little deck. So here -it
17 is going to be, you know, four or five or
18 six inches above the ground, but here it
'19 would be better .than 12 to 18 inches above
20 the, ground.
21 THE CHAIRMAN: The top of 'the bluffs
22 as indicated here is never as straight as, it
23 is shown•. You just draw a line straight
24 across . This. ,one is a little' more.
. 25 irregular. We thank you so much.
I ' 18
2 MR. BERARDINO: Okay.
3 THE' CHAIRMAN: Of course, it will
4 remain .unroofed?
5 MR.- BERARDINO: Yes . You have the
6 plans . There will be a railing around it,.
7 THE CHAIRMAN: Okay. Thank you.
8 Is there anybody else that would like
9 to speak..in_ favor of this application?
10 Is 'there anybody else that would like
11 to speak against the application?
12 Are there any questions from, Board
13 members?'
14 Hearing no further questions,. i make
15 a motion closing the hearing and reserving-
16 decision until a later time,.
17 MR. DINIZIO: Second.
18 THE CHAIRMAN: All in favor?
19 MR. GRIGONIS: Aye.
20 MR. DOYEN: Aye.
21 MR. SAWICKI-: Aye.
22 MR. DINIZIO: Aye.
23 THE CHAIRMAN: Thank you very much
'24 for coming "in. .
25 The , next' appeal is in behalf of
1 19
2 Joylon Stern, Appeal Number 3934 . The legal
3 notice reads as follows :
4 Appeal Number 3934, Joylon Stern.
5 Variance to the Zoning Ordinance, Article
6 XXIII , Section 100-239 . 4 A (1) , for
7 permission to construct addition to one
8 family dwelling. Proposed construction will
9 be less than 100 feet from the top of the
10 bluff . Property Location: 63035 County
11 Road 48 , Greenport, County Tax Map Number
12 1000 , Section 40 , Block 01 , Lot 13 .
13 I have a copy of the survey dated,
14 Peconic Surveyors , most recent date October
15 31, 1989, indicating a two and a half story
16 frame house presently and almost in the
17 center of the property, 48 feet at its
18 closest point to the top of the bluff . The
19 nature of this application is an addition to
20 the west side of it , approximately 14 by 20 ,
21 reflected on the plans and pencilled in is a
22 proposed two story addition. I have a copy
23 of the Suffolk County Tax Map indicating
24 this and surrounding properties in the area.
25 Is there anybody that would like to
20
2 be heard?
3 MR. STOUTENBURGH: Peter Stouten-
4 burgh. Mr. Chairman, Members of the Board,
5 I am basically here to answer questions if
6 there are any.
7 THE CHAIRMAN: We had met Mr. Stern
g at the site; Serge, myself and Mr. Dinizio,
9 and our main concern was ingress and egress
10 the rear yard area. Mr. Stern had told us
11 that he did have significant area on the
12 east side .of his house. He did not like to
13 basically remove the vegetation, but if he
14 had to for any particular reason he could do
15 so because, in effect , the nature of this
16 application and granting of this variance,
17 if the Board so sees to do, would take away
18 that right on that side.
19 MR. STOUTENBURGH: I would agree with
20 him. Actually, there was . I am not sure if
21 it is shown on that survey, but land was
22 purchased on that east side some years ago
23 and added to it . So it is a wider lot that
24 those, so that the equipment could be moved
25 around.
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1 21
2 THE CHAIRMAN: This will have a
3 conventional foundation, Peter?
4 MR. STOUTENBURGH: It may. May I . . .
5 because of the nature of the soil , there
6 being clay, it may be more pier putting on
7 the two outer points and the foundation to
8 enclose that , because there is so much clay
9 up there a normal foundation wouldn't work
10 as well . And that would be under the two
11 outer corners, under the two outer corners
12 here (indicating) where the main supports
13 are.
14 THE CHAIRMAN: What about . . . I see
15 there is no disruption of a retaining wall
16 on the one side. Are you going to try not
17 to disrupt that in any way?
18 MR. STOUTENBURGH: Yes . All the work
19 will be done between the addition and
20 parking area, the access .
21 THE CHAIRMAN: And the full two
22 stories will be habitable. There is no
23 garaging placed on this .
24 MR. STOUTENBURGH: No.
25 THE CHAIRMAN: It is strictly for
l 1 22
2 habitation?
3 MR. STOUTENBURGH: Yes .
4 THE CHAIRMAN: We thank you very
5 much.
6 MR. STOUTENBURGH: Thank you.
7 THE CHAIRMAN: Peter, Mr . Doyen has
8 indicated to me that we do have a
9 recommendation from the Soil and Water
10 Conservation that any runoff from the roof
11 be contained in storm drains or deflected to
12 the rear of the property.
13 MR. STOUTENBURGH: I don' t think that
14 is a problem at all . The property does
15 pitch to the rear area.
16 THE CHAIRMAN: It pitches to the
17 front .
18 MR. STOUTENBURGH: Away from the salt
19 water. No problem.
20 THE CHAIRMAN: Thank you.
21 Anybody else that would like to speak
22 in favor of this application?
23 Anybody that would like to speak
24 against the application?
25 Any questions from Board members?
23
2 _ Hearing no further questions ,' I make
3 a motion' to close- the, hearing and reserve
4 decision until later.
5 'MR: "SAWICKI : Second.
s THE CHAIRMAN: ' All in favor?
.MR. GRIGONIS: Aye.
g MR. DOYEN.: Aye.
g MR..'.SAWLCKI : Aye.
10 MR. DINIZIO: Aye.
11 THE CHAIRMAN: Appeal Number 3.933, - in .
12 behalf of. Pamela Valentine: The legal
13 notice reads as follows:
14 . Appeal Number 3933, Pamela Valentine.
15 Variance ,to the Zoning Ordinance, Article
16 XXIII , Section 100-231 A; 'for permission to
17 construct an 8 foot fence in front yard
18 area. Fence in the front yard area not to
19- exceed 4'-feet in height . Property Location:
20 34655 Main. Road; Orient, County Tax Map
21 Number 1000 , Section 019, Block 01, Lot 5
22 and 6.
23° I have a copy of a survey dated
.24 February 4, :1.986,- indicating Lots 5 and 6,
25 and. a one and ,a half story frame house and a
�. . 24
2 garage indicated on the parcel along with
3 other buildings . . . outbuildings , and I have
4 . a copy. of .the Suffolk County Tax Map
5 indicating this and surrounding properties
s in the area,.
Are any of the Valentines here or are
8 they represented by someone?
g (No .response. )
10. THE CHAIRMAN: Okay. is there
11 anybody 'that would like to speak concerning
12 , this application? .
13 (No response'. ) .
14 THE'.CHAIRMAN: We have significant ',
15 questions . . For the record, this Board has
1.6 never granted an 8. foot fence in the front
17 yard area.. So we have a possibility, I
18 guess, .of. readdressing this sometime in the
19 future. They really should have someone
20 here or `their agents . So I make a motion we
21 recess the hearing until the June hearing.
22 MR. 'GRIGONIS: Second.
23 THE CHAIRMAN.:, All in favor?
24 MR. GRIGONIS: Aye.
25 MR. DOYEN: Aye
1 25
2 MR. SAWICKI : Aye.
3 MR. DINIZIO: Aye.
4 THE CHAIRMAN: I specifically said
5 not the next hearing scheduled because that
6 is a special hearing on the 30th. Thank
7 you.
8 Our next appeal is Appeal Number 3936
9 in behalf of Lucas Ford. The legal notice
10 reads as' follows :
11 Special Exception to the Zoning
12 Ordinance, Article III , Section 100-31 C. 9
13 (E) , for permission to install an off-
14 premises sign. Property Location: 43600
15 County Road 48 , Southold, County Tax Map
16 Number 1000 , Section 063 , Block 01, Lot 1 . 6.
17 The nature of this application is a
18 four by six directional sign. I assume it
19 is double-faced indicating Lucas Ford
20 Mercury Lincoln, with an arrow point . The
21 approximate location is 15 feet inside the
22 property line from County Road 48 , on the
23 northeast corner of County Road 48 and
24 Hortons Lane. I have a copy of the Suffolk
25 County Tax Map indicating this and
�33 —
1 26
2 surrounding properties in the area.
3 Is ;there anybody that would like to
4 be, heard? : .
5 How. do "you do, sir?
6 MR. LUCAS:, Howard Lucas . That
7 direction was wrong.' It is a southwest
g corner, .not, the northeast,.
g THE CHAIRMAN:' - You are absolutely
10 correct.: I am looking at 'the north side..
11 It. was put" in' the file ,upside down. Would
12 you be upset if you got a, decision that said
13 you "could put - your sign- on the northeast
14 corner? come over here and look at this,
15 Mr. Lucas . I t" was. put in my file" this way
.16 and I looked at it this. way, to the north,
17 the way it is shown. Basically, it Looks
18 like this, (indicating) . - We are talking
19 about. ,the southwest . . .
20 MR. LUCAS: Southwest corner.
21 THE CHAIRMAN: Can you give me an
22 - approximate location? I have 15 feet in
23 from County Road 48. Give me an approximate
24 location- on distance from Horton Lane that
25 this might be placed. You don't have to do
33 �
1 27
2 it right now. You can call us .
3 MR. LUCAS: Fifteen . . . 20 feet ,
4 whatever you would desire.
5 THE CHAIRMAN: You mean on this
6 property you just have permission from this
7 person to put the sign up?
8 MR. LUCAS: Yes . It can be more than
g that. In fact , it will be more than 30
10 feet .
11 THE CHAIRMAN: I am going to put 30
12 feet down, plus or minus . Give us a call .
13 MR. LUCAS: Seventy-five.
14 THE CHAIRMAN: Okay. That is the
15 best way to deal with it . It is going down
16 there. This sign will not be lit?
17 MR. LUCAS: Will not be lit .
18 THE CHAIRMAN: And the height is
19 above-ground height?
20 MR. LUCAS: The sign is six feet . It
21 is going to stand up, I would say, eight
22 total .
23 THE CHAIRMAN: Eight total . So it is
24 two feet above the ground?
25 MR. LUCAS: Yes .
28
2 THE CHAIRMAN: Are there any other
3 requirements we should know concerning the
4 sign?
5 MR. LUCAS: No. It is going to be a
6 directional sign. The reason the sign is
7 going to conform with all regulations set
8 forth in the sign chapter, and I want to put
9 it in there, is I think it is a safety
10 factor because I have tractor-trailers
11 hauling trucks and cars which sometimes
12 there is like seven cars or trucks on it .
13 They have gone as far as Greenport without
14 realizing I was back four or five miles , and
15 had to turn around, and the convoy companies
16 asked me to do something about getting a
17 sign there because their drivers are there
18 first thing in the morning. For them to
19 turn around on Route 48 , I don' t have to
20 tell you it is not easy . Having been here
21 in the summertime, I understand there is a
22 lot more traffic out there.
23 When they turn left onto Horton Lane
24 and onto my property, there is plenty of
25 room for them to turn around and unload in
29
2 the back. There is no street loading. They
3 asked, and also customers have just gone by;
4 people knowing where my address is , not
5 being able to realize that the place was
6 there because it is set back and is hidden a
7 little bit by the house on the corner and by
g Luvs .
g Also, people that don' t know where we
10 are and don' t look at the local maps,
11 putting it in the papers showing where we
12 are located. They said they didn' t know we
13 were there, and they found out we are a Ford
14 Mercury dealer set up in Southold here. I
15 think it is something we needed for a long
16 time . . . not a long time . . . but since we
17 opened, to show people we are there, and I
18 think that is the best bet . The biggest
19 thing is the safety.
20 THE CHAIRMAN: We will go down and
21 recheck the location, because I actually
22 looked on the other side based on the survey
23 I had, or the site plan I had.
24 MR. LUCAS: It is the same sign that
25 we actually have not gotten permission to
1 30
2 put on the property. It is the same sign
3 one. It is just going to be relocated with
4 two arrows and it is double-faced, as you
5 said. It is the same sign. We have just a
6 relocation to let people know where we are.
7 THE CHAIRMAN: If , for some reason,
8 we feel there is any obstruction in
9 reference to the height, we may require the
10 height to be heightened a little more. In
11 other words, you may have to go up a little
12 more with it so it doesn' t obstruct any
13 visibility in making a left-hand turn.
14 MR. LUCAS: I think the 75 feet . . .
15 if you look at the land, the land also goes
16 up there. It starts rising up. It is
17 approximately four feet, maybe five feet
18 higher than the road itself . I don' t think
19 that . . . whatever. If you want it up, I ' ll
20 be glad to put it up 15 feet .
21 THE CHAIRMAN: It won' t be that high.
22 I think the request is four feet . We will
23 take a look at it .
24 MR. LUCAS: It is on four by four.
25 THE CHAIRMAN: Thank you very much.
T j7—
1 31
2 MR. LUCAS: Okay.
3 THE CHAIRMAN: Is there anybody else
4 that would like to speak in favor of this
5 application?
6 Anybody that would like to speak
7 against the application?
g Any question from Board members?
g Hearing no further questions , I make
10 a motion closing this hearing, reserving
11 decision until later.
12 MR. SAWICKI : Second.
13 THE CHAIRMAN: All in favor?
14 MR. GRIGONIS: Aye.
15 MR. DOYEN: Aye.
16 MR. SAWICKI : Aye.
17 MR. DINIZIO: Aye.
18 THE CHAIRMAN: I thank you very much
19 for coming in. I hope to have a decision
20 for you shortly.
21 The next appeal is in behalf of
22 Greg's Seafood Dock and Marketing, Inc. The
23 legal notice reads as follows :
24 Appeal Number 3943 , Greg's Seafood
25 Dock and Marketing, Inc . Special Exception
1 32
2 to the Zoning Ordinance, Article III A,
3 Section 100-30 A. 2 C(1) (100-31C) , for
4 permission to construct an off-premises
5 sign. Off-premises signs are not a
6 permitted use in this district . Property
7 Location: 69435 Route 48 and 55 Sound Road,
8 Greenport , County Tax Map Number 1000 ,
g Section 35 , Block 1, Lot 8 .
10 I have a copy of a survey of that
11 parcel . The nature of this application is a
12 triangular sign, approximately 25 feet from
13 County Road 48 on State Highway 25, and 25
14 feet from Sound Road, reflected on that
15 corner parcel . I have a copy of the Suffolk
16 County Tax Map indicating this and
17 surrounding properties in the area.
18 Is there somebody that would like to
19 be heard in behalf of this application?
20 How do you do?
21 MR. REISHE: Greg Reishe. I own and
22 operate Greg's Seafood. I am here to answer
23 any questions you may have.
24 THE CHAIRMAN: At one time there was
25 some sort of a stand on the property.
33
2 MR. REISHE: Years ago.
3 THE CHAIRMAN: That has been taken
4 down?
5 MR. REISHE: Yes . There is no
6 building on the property whatsoever.
7 THE CHAIRMAN: Would you be taking
8 any trees down or defoliating this in any
g way?
10 MR. REISHE: Well , there is foliage
11 about a foot high we may move around, but we
12 wouldn't be touching any trees .
13 THE CHAIRMAN: The approximate size
14 of the sign is how large?
15 MR. REISHE: We are requesting a four
16 by eight , but that is negotiable.
17 THE CHAIRMAN: There is a possibility
18 that you would agree to a four by six?
19 MR. REISHE: Yes .
20 THE CHAIRMAN: Will that sign be
21 lighted in any way?
22 MR. REISHE: No, it will not .
23 THE CHAIRMAN: It is a marquee type,
24 meaning instead of double-faced.
25 MR. REISHE: Yes . I state the reason
1 34
2 for that, is because coming heading east
3 there is , a lot of trees on .the property and
4 a double-faced sign 25 feet in would be
5 blocked -off by, the trees . ` So- we would like
6 to wrench it off facing oncoming traffic.
7 THE CHAIRMAN: Okay. Thank you very
8 much. ,- Anybody else that would like to speak
9 in favor. of this application?
10 Anybody that would like to speak
11 against the application?
12 Any questions from the Board members?
13 ' Hearing no further .questions, I make
14 a motion closing the hearing and reserving
15 decision:until later.
16 MR. GRIGONIS: Second.
17 THE' CHAIRMAN: All in favor?
18 MR. GRIGONIS: Aye.
19 MR. DOYEN: Aye..
20 MR. SAWICKI : .Aye.
21 MR. DINIZIO: Aye.
22 THE CHAIRMAN: The next appeal is
23 Bidwell Wineries, Appeal Number 3945 . The
24 legal notice reads , as follows :
25 Variance to the Zoning Ordinance,
1 35
2 Article III , Section 100-30 , for permission
3 to set up a temporary tent for cultural
4 events . Proposed tent doesn' t address this
5 condition in A-C Zone District . Property
6 Location: 18910 County #48 , Cutchogue,
7 County Tax Map Number 1000 , Section 096,
8 Block 04, Lot 4. 3 .
9 I have a copy of a portion of the
10 property in question adjacent to the L-
11 shaped building. The "L" extends towards
12 County Road 48 . There is a masonry-type of
13 building. The proposed location of the
14 tent , which used to . be 20 by 40 , is
15 approximately 20 feet from that building
16 extended towards the west, and the tent
17 appears to be 40 feet . . . I can' t read the
18 other dimension . . . approximately, in this
19 case, proposal is 150 feet from County Road
20 48 . I have a copy of the Suffolk County Tax
21 Map indicating this and surrounding
22 properties in the area.
23 Is there somebody that would like to
24 be heard in behalf of the application?
25 MR. KERRY BIDWELL: My tent is 20
1 36
2 by 40 .
3 THE CHAIRMAN: Well , you want to give
4 your reason for requesting a tent?
5 MS. KOZAKIEWICZ : Diane Kozakiewicz .
6 Well , I think you will see I submitted to
7 the Board that because we do not have the
8 indoor facilities to hold such cultural
9 events , we are requesting to erect a
10 temporary 20 by 40 tent on the Bidwell
11 grounds for the short period of time.
12 THE CHAIRMAN: What kind of cultural
13 events are you requesting?
14 MS . KOZAKIEWICZ : For example, Carol
15 Palay (phonetic spelling) , a Long Island
16 artist who is going to show her work. We
17 have Ralph Pugliese (phonetic spelling)
18 showing his artwork, and we may possibly
19 have classical recitals and things of that
20 nature.
21 THE CHAIRMAN: The reason why I ask
22 you that question is that there was a winery
23 in Cutchogue that requested the same type of
24 use, and that was denied.
25 MS. KOZAKIEWICZ : I . think we are
, L( � -
1 37
2 coming before you because we would like to
3 have not the events , but' I believe the
4 purpose of this is to define in the variance
5 or at least have the law interpreted about
6 the structure. I did speak with Scott
7 Harris and Mat Kieran (phonetic spelling) ,
8 and that as long as the events were
g conducted in such a manner that they were
10 not . . . we would be donating it to a
11 charitable organization, it would be
12 allowed.
13 THE CHAIRMAN: So this tent is to be
14 used for non-profit?
15 MS. KOZAKIEWICZ : Yes . We are not
16 making a profit now. We are trying to
17 enhance the Long Island wine industry by
18 bringing it to some extent to us on the
19 North Road, and because we don' t have the
20 indoor facilities we have no choice but to
21 put up some sort of temporary structure such
22 as a tent .
23 I went to get a special permit from
24 the Town Clerk, who referred me to the
25 Building Department , who then denied it and
qZ1-
1 38
2 had me go to the Zoning Board of Appeals and
3 I filled out such variance application. We
4 are here now.
5 THE CHAIRMAN: Why were you denied by
6 the Town Clerk?
7 MS. KOZAKIEWICZ: Because in the
8 section it says that this is not permitted
9 for the' zone in which our vineyard is
10 located and the procedure . . . it just pretty
11 much says that it would be . . . it will
12 require a variance from the Zoning Board of
13 Appeals. I think we are pioneers with this .
14 Would you like to see a copy?
15 THE CHAIRMAN: Let me ask a
16 rhetorical question. How can we grant this?
17 How can we grant this and not violate our
18 zoning laws?
19 MS. KOZAKIEWICZ : Well , from what I
20 understand, I think it has to be defined in
21 the zoning; is this a permanent structure?
22 I believe a temporary structure is allowed.
23 This is temporary. It can be dismantled in
24 half an hour and erected in exactly that
25 same period of time.
39
2 THE CHAIRMAN: My question is not to
3 the structure itself . If you were doing it
4 in the nice weather, and the weather was
5 like California where you had 347 days of
6 sunshine, okay. Your best bet would be to
7 have a nice day, than if you had rain on the
8 day that you wanted to hold the event,
9 conceivably.
10 Our weather is much different than
11 that . It is not necessarily the nature of
12 placing the temporary structure there. It
13 is a specific use of the temporary structure
14 that is my concern. Rather than give you a
15 proforma denial , and I am not an attorney,
16 when do you need the structure by?
17 MS. KOZAKIEWICZ : We would like to
18 have the structure for the beginning of
19 June.
20 THE CHAIRMAN: Well , it might be
21 something that we might have to discuss with
22 the legislative committee, but I think we
23 should discuss here if we should close this
24 hearing or recess it to the next scheduled
v
25 date.
40
2 MS. KOZAKIEWICZ : Can I address that?
3 It is very, very temporary, where it can be
4 taken down within half an hour and if in bad
5 weather we wouldn't even use it .
6 THE CHAIRMAN: You must understand it
7 is not the nature of the structure. I have
8 no objection to the building. It is not the
9 nature of this Board to deal with appli-
10 cations for individual events , which you had
11 requested for basically. That comes from
12 the Town Clerk' s Office for the one day
13 events . You are requesting a use, which is
14 somewhat tantamount to an agricultural piece
15 of property, and that is what basically my
16 concern is at this particular point . That
17 is basically where I am.
18 MR. BIDWELL : I am not clear on that
19 decision in terms of use. In other words ,
20 if we were to put up this temporary
21 structure for certain specific uses , it may
22 be permissible; whereas for other uses it
23 may not be permissible.
24 THE CHAIRMAN: Kerry, if you were to
25 tell me you were using this tent for the
-- �17 �
1 41
2 sole purpose of entertainment for the
3 persons or people that want to buy your
4 wine, and you were telling me you were doing
5 a display of your wine inside this tent and
6 this was used primarily for that reason,
7 there would be a temporary permit, so-to-
8 speak, granted by this Board for three
9 months , two months , one month of time. What
10 you are requesting is something over and
11 above the specific use permit within that
12 winery district, which is AC Agricultural
13 District .
14 MR. BIDWELL: That is precisely. what
15 we have in mind for the tent . Precisely.
16 You said it much better than I could myself ,
17 what we have in mind for the tent .
18 THE CHAIRMAN: That is what you
19 intend to do with it?
20 MS. KOZAKIEWICZ : Yes .
21 THE CHAIRMAN: What about bringing
22 outside persons in? I mean, such as people
23 who are artists and displaying their work.
24 Is that a secondary use to this particular
b
25 project?
i
l 1 42
2 MR. BIDWELL : That is intended to
3 entertain visitors at the winery.
4 THE CHAIRMAN: What about the music
5 end of it , so-to-speak, regardless? I don' t
6 mean to be trite about the way you presented
7 it .
8 MS. KOZAKIEWICZ : Once again, for
9 entertainment .
10 THE CHAIRMAN: Strictly entertain-
11 ment?
12 MR. BIDWELL: There would be no
13 charge to winery visitors for that
14 entertainment . It would be an enhancement
15 to visitors .
16 THE CHAIRMAN: In that particular
17 case, I think we could have dealt with it
18 before, but I am just trying to get . . . to
19 the best of my knowledge . . . what exactly
20 you want to do. Would there be storm flaps
21 on this tent so as to make it a full
22 enclosure?
23 MS. KOZAKIEWICZ : There can be, yes .
24 THE CHAIRMAN: The sanitary
25 facilities would be housed within the
r L
43
2 existing building?
3 MR. BIDWELL: That is correct .
4 THE CHAIRMAN: What is the approxi-
5 mate period of time that you would be
6 requesting the use of this?
7 MS. KOZAKIEWICZ : June 1st to
8 September 1st .
9 THE CHAIRMAN: Strictly for a 90-day
10 period?
11 MS. KOZAKIEWICZ : Yes.
12 THE CHAIRMAN: What about flooring in
13 the tent? Would there be a wood floor?
14 Would there be an earthen floor?
15 MR. BIDWELL: If there wouldn' t be an
16 objection from you fellows, I would prefer
17 to put a wooden floor in the tent. If that
18 would make it too permanent , it can be an
19 earthen floor. I think it can get messy.
20 THE CHAIRMAN: The reason why we ask
21 these questions basically, is we must reduce
22 this particular application to writing. So
23 therefore, it makes it easier for us to know
24 all the factors that are involved within
25 this particular application, so-to-speak.
_sQ ,
1 44
2 So we thank you very much. We will
3 see what we can do.
4 MR. BIDWELL: Thank you.
5 THE CHAIRMAN: Is there anybody else
6 that would like to speak in favor of this
7 application?
g Anybody else that would like to speak
9 against the application?
10 Any questions from the Board members?
11 MR. DINIZIO: I have a question.
12 What about the parking? I am concerned
13 about it being too much, too many cars
14 there. And is there anything allowed in
15 your site plan?
16 MR. BIDWELL: We have our site plan.
17 It is currently with the Building
18 Department .
19 MS. KOZAKIEWICZ : I have a copy of
20 our site plan here.
21 THE CHAIRMAN: Great . Could we see
22 it?
23 MR. BIDWELL: It has parking outlined
24 on i t .
25 THE CHAIRMAN: This is the site plan,
1 45,
2 a proof that we are subjecting you to,
3 so-to-speak, before we grant it .
4 MR. BIDWELL: That is right .
5 THE CHAIRMAN: We have not met with
6 you before but Mr . Bidwell has been here
7 many, many times . So that basically is the
8 site plan. Now are you going to bluestone
9 this?
10 MR. BIDWELL: That is the plan.
11 THE CHAIRMAN: This will be done in
12 current with this project .
13 MR. BIDWELL: I prefer to do as
14 little as possible. In the meantime, . this
15 . . . of, course this site plan, as I was
16 recommended by the people down here, is for
17 the future construction of the winery. So
18 if you folks were to say in order to
19 accommodate this new temporary structure you
20 need to include this part of the parking, go
21 ahead and do that . I have plans to enhance
22 my parking along this line this year. I
23 wasn' t going to go quite this far, but if I
24 have to, I will .
25 THE CHAIRMAN: What does the Planning
sa
1 46
2 Board say about this , at this point?
3 MR. BIDWELL: So far I haven' t heard
4 that, either way.
5 THE CHAIRMAN: Well , I ' ll take that
6 under advisement.
7 MR. DINIZIO: How many people does
8 this tent hold?
9 MR. BIDWELL: A 20 by 40 tent . . .
10 MS . KOZAKIEWICZ : Ten feet of space
11 to each person; it can hold up to 300
12 people.
13 MR. DINIZIO: You can see my concern,
14 and assuming this is the same type that was
15 there Monday . . .
16 MR. BIDWELL: That was a rented tent .
17 That was the same size.
18 MR. DINIZIO: You wouldn' t have any
19 objection to putting in parking?
20 MR. BIDWELL: If we need to do it, we
21 will do it .
22 MR. DINIZIO: That's all I have.
23 THE CHAIRMAN: Which one of these
24 copies can we keep?
25 MS. KOZAKIEWICZ : I have given nine
i 47
2 to the Planning� Board, but I think we have
3 one more you can keep..
4 MR. " BIDWELL : If you need two, keep
5 two.
g THE 'CHAIRMAN: Thank 'you so very
7 much.
8 Is there .anybody that would like to
9 speak in favor of this- application?
10 Against the application?
11 Hearing no further comments, I make a
12 motion closing this hearing and reserving
. 13 decision until later.
14. , MR. DINIZIO:- Second.
15 THE CHAIRMAN: All in favor,?
16 MR. GRIGONIS: Aye.
17 -MR. DOYEN; Aye.
18 MR,. SAW,ICKI :` Aye. -'
19 MR. DINIZIO: Aye.
20 THE.. CHAIRMAN: . The next appeal is in
21 behalf 'of Vincent Annabel . The legal notice
22 reads .as follows:
23 .Appeal Number 3929, Vincent Annabel .
24 Special Exception to the Zoning Ordinance,
25 Article III., , Section 100-31, for permission
1 48
I '
2 to have an accessory apartment . Property
3 Location: 4300 Stillwater Avenue,
4 Cutchogue, County Tax Map Number 1000 ,
5 Section 137 , Block 2 , Lot 21 .
6 From the plan indicated, this is a
7 two story cape style house. It appears most
8 of the second floor is going to be used for
9 this proposed apartment . I have a copy of
10 the Suffolk County Tax Map indicating this
11 and surrounding properties in the area.
12 Is there something you would like to
13 say, Mr. Annabel?
14 MR. ANNABEL: Vincent Annabel . I am
15 here to answer any questions you may have.
16 THE CHAIRMAN: How do you get up into
17 this apartment? Is there an existing
18 stairway?
19 MR. ANNABEL: No. There is going to
20 be a new stairway put in.
21 THE CHAIRMAN: Where is that going to
22 be?
23 MR. ANNABEL: It is in the back of
24 the house, in the back yard. Can I show you
25 there?
49
2' THE CHAIRMAN: Sure.
-3 (Whereupon, a discussion was held off
4 the record, after which the following
5 occurred: ) ,
6 THE. CHAIRMAN: Is , there anything else.
7 you would like to say- for. the record? As a '
8 matter of right you,are permitted to have
9 it, and you know we are. happy it is in the
10 code and.:we will= do the best we can to grant
it in the near future. Can you ask for
12 anything else in that?
13 MR. 'ANNABEL: Well , I don't know what
14 else to say. ,
15 THE CHAIRMAN: I understand. It is
16 really not necessary to. "say anything else
17 because .you gave us' everything we have
18 required. We' ll deal'- with this on the 30th,
19 and hopefully -have a decision for you around
20 then.
21 MR. .ANNABEL: Possibly one of my
22 reasons for doing i"t is' my wife has. either
23 Alzheimer's or .one of the related diseases.
24 I am looking forward to the future. I . don' t
25 want .to put her in, a nursing home. If
1 50
2 possible, it might be a way out for me to
3 have somebody, to have a separate bathroom
4 and a separate kitchen, that could possibly
5 help me take care of her when I can' t do as
6 well as I am doing now. That is part of my
7 reason.
8 THE CHAIRMAN: Is the entire upstairs
9 of the house finished at this time?
10 MR. ANNABEL: Yes , it is .
11 THE CHAIRMAN: It is finished. Okay.
12 And the size of this is approximately what,
13 the entire upstairs of the house?
14 MR. ANNABEL: It is equal to the
15 upstairs, but I am only using one of the
16 upstairs rooms on the house. The other
17 kitchen and bathroom is going to be upstairs
18 over the garage. It is an attached garage.
19 THE CHAIRMAN: We thank you very
20 much.
21 MR. ANNABEL: Thank you.
22 THE CHAIRMAN: Is there anybody else
23 that would like to speak in behalf of the
24 application?
25 Is there anybody that would like to
5 7—
51
2 speak against the application?
3 Are there any questions from the
4 Board members?
5 Hearing no further questions, I make
6 a motion closing this hearing and reserving
7 decision until later.
8 MR. DINIZIO: Second.
9 THE CHAIRMAN: All in favor?
10 MR. GRIGONIS: Aye.
11 MR. DOYEN: Aye.
i2 MR. SAWICKI : Aye.
13 MR. DINIZIO: Aye.
14 THE CHAIRMAN: The next appeal is in
15 behalf of Appeal Number 3932 , Mathias and
16 Maureen Mone. The legal notice reads as
17 follows:
18 Application for a variance to the
19 Zoning Ordinance, Article XXIII , Section
20 100-239. 4 A, for permission to construct a
21 swimming pool , proposed construction will be
22 within 100 feet of Long Island Sound Cliff .
23 Property Location: 2830 Grandview Drive,
24 Orient, County Tax Map Number 1000, Section
25 014, Block 02, Lot 3 . 5 .
1 52
i
2 The parcel in question is
3 approximately 120 by 370 , and I have a
4 survey from Roderick Van Tuyl , P.C.
5 indicating the approximate placement of the
6 pool . The most recent date on the survey is
7 December. I 'm sorry, it was updated on
8 March 12 , 1990 . The pool is approximately
9 58 feet plus or minus to its closest point
10 to the top of the bank, and I have a copy of
11 the Suffolk County Tax Map indicating this
12 and surrounding properties in the area.
13 Would you like to be heard, sir?
14 MR. WILLIAMS: Sumner Williams . I
15 represent the contractor, as well as the
16 Mones . If there are any questions . . . ?
17 THE CHAIRMAN: What is the
18 approximate size of the pool?
19 MR. WILLIAMS: Twelve by fifty, a lap
20 pool , five feet deep.
21 THE CHAIRMAN: Will this pool be
22 enclosed at any time?
23 MR. WILLIAMS: No, other than to
24 cover it in the wintertime. It will have a
25 . . . I guess, four foot patio . . . brick
S%f
1 53
2 patio, which is integrated with the
3 existing patio now around it and it will
4 have the required fence of four feet around
5 that patio.
6 THE CHAIRMAN: And that patio should
7 be pretty much ground level?
g MR. WILLIAMS: Yes . It will be at
9 ground level . Yes .
10 THE CHAIRMAN: I did want to say, for
11 the record, I thought it was a great spot
12 for the pool , really, in the existing lawn
13 so there is no digging other than of the
14 lawn itself . The bank is really used as a
15 protection for the pool .
16 MR. WILLIAMS: Yes .
17 THE CHAIRMAN: We thank you very
1s much.
19 Is there anybody else that would like
20 to speak in favor of this application?
21 Is there anybody that would like to
22 speak against the application?
23 Are there any questions from Board
24 members?
25 Hearing no further questions, I make
f 1 54
2 a motion closing the hearing and reserving
3 decision until a later time.
4 MR. DOYEN: Second.
5 THE CHAIRMAN: All in favor?
g MR. GRIGONIS: Aye.
7 MR. DOYEN: Aye.
8 MR. SAWICKI : Aye.
9 MR. DINIZIO: Aye.
10 THE CHAIRMAN: The next appeal is
11 Appeal Number 3939, in behalf of George
12 Schneider. Variance to the Zoning
13 Ordinance, Article III , Section 100-32 , for
14 permission to construct a one family
15 dwelling, Bulk, Area and Parking Regulations
16 and insufficient side yard setback.
17 Property Location: 800 Sterling Road,
18 Cutchogue, County Tax Map Number 1000 ,
19 Section 104, Block 01, Lot 29.
20 I have a copy of the survey produced
21 by Roderick Van Tuyl , P.C. , dated . . . which
22 is mapped on the 18th. I assume it was map
23 prepared on September 18, 1989, and revised
24 on February 28, 1990 .
25 The nature of this application is a
1 55
2 side yard setback for the attached garage
3 which at it, closest point is two feet three
4 inches from the east property line and at
5 its furthest point , three feet nine inches.
6 The front of the house is three foot nine.
7 The rear of the house, with the garage
8 attached, is two feet three. I have a copy
9 of the Suffolk County Tax Map indicating
10 this and surrounding properties in the area.
11 Would you like to be heard, Mr.
12 Schneider?
13 MR. SCHNEIDER: George Schneider. I
14 am the property owner. I can answer any
15 questions you may have.
16 THE CHAIRMAN: How did you get that
17 piece, George?
18 MR. SCHNEIDER: Well , the people who
19 owned the property are people I have known
20 for a while, and when I found out about the
21 property I approached. one of the daughters
22 and she told me, and this is Ms . Cruz
23 (phonetic spelling) , that her father was
24 very ill and they had power of attorney to
25 sell the property.
1 56
2 We agreed on the piece and we even
3 walked on the property and were shown some
4 monuments where the three corners were. The
5 one corner is still in an overgrown area and
6 I still haven' t found it, but the three
7 monuments are there and until I got the
8 second survey, Ms . Cruz was under the
9 impression this particular monument was in
10 fact the corner of the property.
11 I also found out, when I requested
12 the first survey for the Building Permit ,
13 that I got a copy of an older survey that
14 they, in fact, didn' t come down and survey
15 the property and marked it, but I got the
16 survey and I went over to the property and
17 saw no new markers and assumed the monuments
18 were there. So there is no reason to remark
19 the corner with the monuments on it . I used
20 these to lay out the location of the house.
21 THE CHAIRMAN: What did you think you
22 had on that side, when you originally laid
23 out the house?
24 MR. SCHNEIDER: As far as what?
25 THE CHAIRMAN: The side yard.
1 57
2 MR. SCHNEIDER: The limit is 15 . I
3 wanted 15 1/2 , just to be on the safe side.
4 I wanted to favor that side. That is the
5 side with the garage on it .
6 THE CHAIRMAN: Okay. You thought you
7 had 15 1/2 is what you are saying.
g MR. SCHNEIDER: Correct .
g THE CHAIRMAN: When did you detect
10 that you really only had about three . . .
11 three and a half?
12 MR. SCHNEIDER: I got the survey back
13 March 4 and I saw the distances , and went
14 back to the property and there was still no
15 markers except for a little nail and the red
16 tape I guess they used for centering the
17 transit . And I contacted the neighbors and
18 told them and they were still under the
19 impression that the monuments were the posts
20 and there was a ribbon around the fencepost
21 on the corner. They always thought that was
22 the corner of the property, and I broke the
23 news to them and told them that I would have
24 to file for a variance and see what could be
25 done.
1 58
2 THE CHAIRMAN: I don' t have any
3 further questions at this point, unless
4 James does or anybody else on the Board.
5 Do you have any questions concerning
6 this?
7 MR. DINIZIO: Well , other than how
8 did 40 feet get on the other side? I am
9 having a hard time understanding.
10 MR. SCHNEIDER: All right . There is
11 a monument at each front corner, and on the
12 property line in question there is a
13 monument in the rear which everyone involved
14 thought that that was, in fact , the corner
15 of the property. The fourth corner is in an
16 overgrown area that still hasn' t been
17 cleared out, and I never considered it
18 necessary to find that corner. If I had
19 three, I could plot the house.
20 I wanted to favor this side. I had
21 the front line, the side line. I went back
22 off the street and came off to that line to
23 place the house.
24 MR. DINIZIO: How much distance do
25 you have between now your garage and
1 59
2 the house?
3 MR. WILLIAMS: I would have to
4 measure it . I would say it is at least 40
5 . . . 45 feet . Each piece was divided equally
6 and on road frontage they are each 133 feet .
7 MR. DINIZIO: Thank you.
g THE CHAIRMAN: Thank you. We will
9 see whatever develops .
10 Is there anybody else that would like
11 to speak in favor of this application?
12 MS. CRUZ : Dillaye Cruz . I am the
13 neighbor that he is speaking of , and it is
14 the house that is in estate form. It is my
15 father's estate. My sister and I are the
16 owners of it now. We have no objection to
17 George's house being that close, and we are
18 in favor of him getting a variance.
19 THE CHAIRMAN: Is there anybody else
20 that would like to speak against the
21 application?
22 Any further questions from any Board
23 members?
24 George, what is the overhang on that
25 side of the house?
_6 6
1 60
1 2 MR. SCHNEIDER: There is a one-foot
3 soffit .
4 THE CHAIRMAN: Basically, that
5 encroachment, that measurement of two foot
6 three inches does not include that overhang;
7 is that correct?
8 MR. SCHNEIDER: I don' t know.
9 THE CHAIRMAN: We will go down and
10 remeasure it . Thank you.
11 Is there anybody else that would like
12 to speak in favor of this application? I
13 make a motion closing the hearing and
14 reserving decision until later.
15 MR. DINIZIO: Second.
16 THE CHAIRMAN: All in favor?
17 MR. GRIGONIS: Aye.
18 MR. DOYEN: Aye.
19 MR. SAWICKI : Aye.
20 MR. DINIZIO: Aye.
21 THE CHAIRMAN: Thank you very much
22 for coming in.
23 The next appeal is Appeal Number 3932
24 in behalf of Robert Gredick. The legal
25 notice reads as follows :
1 61
2 - Upon Appeal, Number 3932 , in behalf of
3 Robert Gredick. .: Variance to the Zoning
4 Ordinance, Article IIIA, Section 100-30A.3,
5 'Article IIIA, Section 100-30A. 4 (100-33) ,
6 for .permission to construct addition to
dwelling, and -accessory .garage in front yard
8 area. - , Proposed construction will have
9 insufficient front yard setback and
10 accessory buildings may be located in the
11 required rear ..yard.. Property Location:
12 7825-Nassau Point Road and Clearwater Lane,
13 Cutchogue County Tax Map Number 1000, `
14 Section 118, Block 04, Lot 06.
15 I have a copy of a survey produced by
16 Philip 'Monastero, dated 2/2/90 , indicating
17 the proposed :two story addition which. is not
18 necessarily,. the . . . well., I guess it really
19 is to a certain degree except the residence
20 is forward of it anyway, and a proposed
21, three .car garage which is centered and
22 equally distanced between the bulkhead and
23 the front yard area, , and actually the rear
24 yard 'area and Nassau Point Road . proposed
25 garage. I have a "copy of the. Suffolk County
1 62
2 Tax Map indicating this and surrounding
3 properties in the area.
4 ' Is there somebody that would like to
5 be heard?
6 How do 'you do, sir?-
7 MR. GREDICK; Robert, Gredick. I
8 guess basically I am here to answer
9 questions .
10 THE CHAIRMAN: When we had .discussed
11 this with you on Saturday ,morning, some time
12 sago our discussion .centered. around the fact
13 that you real'-ly had, I think, at that time
14 two front yards . They are reflecting that
15 street which is on, the one side of your
16 property.
17 MR. GREDICK: Right.
18 THE "CHAIRMAN: Is that correct? of
19 course, the proposed three car garage in the
20 front yardarea, which is . . . just so I get
21 this correct, is that the reason why you
22 were denied .for. the addition to the dwelling
23 also because of' that road?
24 MR. GREDICK: Because they basically
25 , , , there is a sandy type of driveway and
1 63
2 both the Frasiers (phonetic spelling) and we
3 use it as a driveway.
4 THE CHAIRMAN: So basically you had
5 the garage plus the addition on the opposite
6 side really is the nature of your
7 application at this point .
g MR. GREDICK: That is right .
9 THE CHAIRMAN: Could you give me an
10 approximate location of the garage from
11 Nassau Point Road in reference to distance?
12 MR. GREDICK: It is probably in the
13 neighborhood of 175 feet from Nassau Point
14 Road.
15 THE CHAIRMAN: The approximate height
16 of the garage?
17 MR. GREDICK: I think it is about 23
1s feet .
19 THE CHAIRMAN: So you put the storage
20 up above?
21 MR. GREDICK: Yes .
22 THE CHAIRMAN: And the nature of that
23 storage is what?
24 MR. GREDICK:, I really don' t know
25 what I am going to put up there. I have no
1 64
2 intention to live up there, if that is what
3 you are looking at . Just for storage.
4 THE CHAIRMAN: Is the structure going
5 to conform at all to the house or be a cape
6 style garage or . . . ?
7 MR. GREDICK: We are looking into a
8 sort of Victorian style addition onto what
9 we have. I would like to keep the overhang
10 and shapes similar and all the decor that is
11 going with it . The outer shell should be
12 the same, yes .
13 THE CHAIRMAN: That is the reason why
14 I asked the question, because 23 feet is
15 fairly high for a two story garage.
16 MR. GREDICK: The pitch is going to
17 be 12 by 12 , and it is 24 feet wide. I am
18 not one hundred percent sure if it is that
19 high. My neighbors right to the north of us
20 is probably . . . would be maybe . . . I think
21 we would be less than that . .
22 THE CHAIRMAN: You want to give us .
23 measurements and give us a call so we know
24 exactly?
25 MR. GREDICK: I think I have it here.
1 65
2 THE CHAIRMAN: Great .
3 MR. GREDICK: Two hundred eighteen.
4 Would you like that?
5 THE CHAIRMAN: Yes . That would be
6 great .
7 MR. GREDICK: Of course this is not
8 exactly what we are going to do, but it is
9 pretty close.
10 THE CHAIRMAN: So what you have in
11 the garage would be electrical in reference
12 to utilities , or would 'you have water?
13 MR. GREDICK: The only water I would
14 have is for washing cars .
15 THE CHAIRMAN: You might have water?
16 MR. GREDICK: Yes .
17 THE CHAIRMAN: You have no objection
18 to us placing restrictions on the garage?
19 It is only used for storage purposes .
20 MR. GREDICK: None whatsoever.
21 THE CHAIRMAN: Thank you very much.
22 Anybody else that would like to speak
23 in favor of this application?
24 Is there anybody that would like to
25 speak against the application?
1 66
2 Are there any questions from, any
3 Board members?
q Hearing no further questions, we make
5 a motion closing this hearing and reserving
6 decision until later.
7 MR. . .SAWICKI : Second.
g THE CHAIRMAN: All in favor?
9 MR. .GRIGONIS: Aye.
10 MR. DOYEN: Aye.
11 , MR. SAWICKI : Aye.
12 --MR. DINIZIO: Aye.
13- THE. CHAIRMAN: Thank you very' much
14 for coming in.
15 MR. GREDICK: Thank you.
16 THE, CHAI"RMAN: The next.'appea"1 is in
17 behalf of . Joseph Shipman. The legal notice
1s reads- as follows,
19 Appeal Number 3931, Joseph Shipman.
20 Variance to the Zoning Ordinance, Article X,
21 Section 100-102, for -permission to institute
22 a " second business, Bulk, Area and Parking
23 Requirements . Property .contains less than
24 required business area. Property Location:
25 6619 .Main Road, Laurel , County Tax Map
1 67
2 Number 1000 , Section 125 , Block 01 , Lot
3 19. 7 .
4 We have a survey produced by Roderick
5 Van Tuyl , P.C. , dated December 22 , 1987 .
6 The nature of this application is a one
7 story frame building in the rear of the
g property, approximately 9 1/2 feet from the
9 east property line, approximately 12 1/2
10 feet from the Long Island Railroad, and the
11 reason for getting a denial is the second
12 business in this particular building.
13 We have copies of the Suffolk County
14 Tax Map indicating this and surrounding
15 properties in the area.
16 Would you like to be heard, sir?
17 MR. SHIPMAN: Joseph Shipman. I
18 supplied the variance. I would be happy to
19 answer any questions the Board has at this
20 time.
21 THE CHAIRMAN: Presently you are
22 renting the building to another person other
23 than your own business?
24 MR. SHIPMAN: That is correct .
25 THE CHAIRMAN: What type of business?
�T�
68
2 MR. SHIPMAN: Storage for produce
3 business.
4 THE CHAIRMAN: We noticed that, I
5 think, there is about five trucks involved.
6 MR. SHIPMAN: Yes . Well , we use the
7 trucks to deliver produce.
g THE CHAIRMAN: He does a pretty good
9 job parallel parking in one specific rear
10 corner of the property.
11 MR. SHIPMAN: He is a neat person.
12 THE CHAIRMAN: We certainly can' t put
13 restrictions on where trucks go. My only
14 concern is that originally when we dealt
15 with this applicant next-door, we requested
16 that the garage doors on that particular
17 building be placed other than facing the
18 front of the property. In this particular
19 case I believe you have one door, which is a
20 loading dock, which faces . . . is that one
21 door or two doors?
22 MR. SHIPMAN: Two doors .
23 THE CHAIRMAN: I notice that you have
24 a landscaping plant area in the center of
25 the property.
7S_
1 69
2 MR. SHIPMAN: The landscaping was put
3 there with the intention of trying to break
q up the monotony of the building, so-to-
5 speak.
6 THE CHAIRMAN: Is there any way you
7 can screen those trucks from the road other
8 than not . . . what would you suggest?
9 MR. SHIPMAN: I could run a screening
10 run of plant material , running from west to
11 east , and he could turn the trucks and park
12 them . . . instead of facing the road, they
13 would be sideways to the road . . . and the
14 plant material could probably screen them
15 very well , but it wouldn' t be instantly .
16 It would take a few years . But if I did
17 that, if I put the screening line where I
18 think . . . from west to east . . . there is
19 already a screening line already there that
20 the trucks couldn' t see from the Main Road
21 between myself and the car wash.
22 There is a row of evergreens running
23 right down the line and, if I am correct, I
24 have driven it many times and you really
25 couldn't see the truck from the Main Road,
1 70
.2 - coming from west to east .
3 THE CHAIRMAN: , But you could see them
4 coming from east to west, .because of the
5 height. of the property.
6 -' MR. SHIPMAN: Because of the height
7 of the .trucks as well . Something could be
8 done there. " I don' t see the problem with.
9 that.
10 THE CHAIRMAN: Do you have any plans
11 of expanding this building, in any way?
12 MR. SHIPMAN: No. .
13 THE CHAIRMAN: The approximate size
14 of the building is how big at this point?
15 MR. SHIPMAN: Thirty-five by 40 . . .
16 35 by 50 . .
17 . THE CHAIRMAN: Is that building
18 heated?
19 MR. SHIPMAN: Partially.
20 THE CHAIRMAN: I don' t have any other
21 questions . Any question from the Board
22 members?
23 MR. DOYEN: No.
24 THE CHAIRMAN: - We will see what else
25 develops. Thank you. .
1 71
2 MR. SHIPMAN: Thank you.
3 THE CHAIRMAN: Anybody else that
4 would like to speak in favor of the
5 application?
6 Is there anybody that would like to
7 speak against the application?
g Are there any questions from any of
9 the Board members?
10 Again, hearing no further questions,
11 I make a motion closing the hearing and
12 reserving decision until later .
13 MR. DOYEN: Second.
14 THE CHAIRMAN: All in favor?
15 MR. GRIGONIS: Aye.
16 MR. DOYEN: Aye.
17 MR. SAWICKI : Aye.
18 MR. DINIZIO: Aye.
19 THE CHAIRMAN: Thank you very much
20 for coming in.
21 MR. SHIPMAN: Thank you.
22 THE CHAIRMAN: The next appeal is
23 Appeal Number 3942 in behalf of David and
24 Mary Ann Creato. The legal notice reads as
25 follows :
72
2 Appeal Number 3942 , David and Mary
3 Ann Creato. Variance to the Zoning
4 Ordinance, Article III , Section 100-31 (A)1 ,
5 for permission to have a second dwelling,
6 only (1) family dwelling permitted on each
7 lot . Property Location: 3539 (ROW) Cox
8 Neck Road, Mattituck, County Tax Map Number
9 1000 , Section 106, Block 08, Lot 51 .
10 I have a copy of the survey
11 indicating length of the right-of-way from
12 Cox Neck Road and the side of the parcel ,
13 which I think it is pretty close to 3 . 16
14 acres, and the survey is dated February 23 ,
15 1990 . I have a copy of the Suffolk County
16 Tax Map indicating this and surrounding
17 properties in the area.
18 Would you like to be heard?
19 MR. RAYNOR: Henry Raynor, in behalf
20 of the applicants . Basically this is a
21 request to legalize the existing second
22 dwelling which exists on the property. This
23 structure, as noted on the property, pre-
24 exists the Town ordinance and has been
25 utilized in its present time since then. I
-7a -
1 73
2 have for the Board, also, a former owner's
3 affidavit, if they do not have one in the
4 file, which predates this Zoning Ordinance
5 as to the use of a second dwelling.
6 This Board is well aware in January
7 of 1989 the Town Board changed the zoning on
8 this parcel to R40 . This parcel contains
9 3 . 16 acres . There is more than sufficient
10 area for the two dwellings .
11 THE CHAIRMAN: The second dwelling
12 will be in excess of 850 square feet of
13 living area as called for in all of the Town
14 codes .
15 MR. RAYNOR: Finally, the applicant
16 intends to have no visual changes to what
17 exists there today but is desiring in
18 keeping the character with the existing
19 neighborhood, and respectfully requests
20 approval . We will be happy to answer any
21 questions the Board may have.
22 THE CHAIRMAN: It is my
23 understanding, Mr. Raynor, that there is a
24 portion of the rear barn that is used as a
25 cottage, and that is the portion that you
Za
1 74
2 are referring to?
3 MR. RAYNOR: It is .
4 THE CHAIRMAN: The cottage is
5 approximately one and a half stories , with
6 an open vaulted ceiling on one side of the
7 building and the remaining portion of the
8 barn is utilized as a storage shed or barn?
9 MR. RAYNOR: Yes .
10 THE CHAIRMAN: If the Board denied
11 this application, it would require this
12 applicant very simply to subdivide the
13 property, if he or she so wishes .
14 MR. RAYNOR: That is an option they
15 are not desirous of doing. That is because
16 they would like to maintain the character
.17 and nature and true beauty of the property
18 as it exists .
19 THE CHAIRMAN: The building itself
20 contains its own sanitary facilities and its
. 21 own well .
22 MR. RAYNOR: That is correct , as well
23 as its own electrical services .
24 THE CHAIRMAN: And access is through
25 the right-of-way to the parcel .
75
2 MR. RAYNOR: That is also correct .
3 THE CHAIRMAN: I think those are all
4 the questions I have. Are there any
5 questions from any Board members?
6 Let 's see what develops . Thank you
7 very much.
8 Is there anybody else that would like
9 to speak in favor of this application?
10 Is there anybody that would like to
11 speak against the application?
12 MR. McLAUGHLIN: Kevin McLaughlin. I
13 am here representing Barbara Roesch. I
14 don't think there is a factual or legal
15 basis presented to the Board to grant the
16 relief that they are requesting. The fact
17 that there has been a legal use of this
18 property for some period of time certainly
19 does not form the basis for granting a
20 variance application.
21 Certainly I don' t think there has
22 been or should be whatsoever any practical
23 difficulty or unnecessary hardship placed
24 upon the applicants upon the denial of this
25 variance application. Other remedies are
76
2 available to the applicants if they so deem
3 that they should follow these, such as what
4 has been discussed; the property of the
5 subdivision.
6 I think this would set a very
7 dangerous precedent there throughout the
g Town of Southold and that anyone with a
g structure of sufficient size on the property
10 can come in and make a similar application
11 and refer the Board to an approval of this
12 variance application in support of any
13 further applications .
14 And for all those reasons I would
15 respectfully request the Board deny the
16 pending application.
17 THE CHAIRMAN : Can I ask you, Kevin,
18 where Ms . Roesch lives? I have a name on
19 here I haven' t seen in a long time.
20 MR. McLAUGHLIN: She has two parcels;
21 one of which borders on Luthers Road, and
22 the second one we have on the first parcel ,
23 and that ' s the second parcel , the parcel
24 that is actually adjoining the applicant ' s
25 parcel .
1 77
2 THE CHAIRMAN: Is that the one with
3 the barn on it?
4 MR. McLAUGHLIN: Yes .
5 THE CHAIRMAN: Any rebuttal , Mr.
6 Raynor?
7 MR. RAYNOR: Only to mention that I
8 believe the existence of the two dwelling
g concept on the parcel largely enough has
10 already had a precedent set in the Township
11 and I believe that that, in fact, has
12 already been something that has come before
13 this Board a number of times . Also, I don' t
14 believe there exists any parcels in the
15 immediate neighborhood in excess of 3 plus
16 acres .
17 THE CHAIRMAN: Thank you. Is there
18 anybody else that would like to speak,
19 either pro or con, on this application?
20 Are there any questions from Board
21 members?
22 Hearing no further questions , I make
23 a motion closing this hearing and reserving
24 decision until later.
25 MR. SAWICKI : Second.
1 78
2 THE CHAIRMAN: All in favor?
3 MR. GRIGONIS: Aye.
4 MR. SAWICKI : Aye.
5 -MR. DOYEN: Aye.
6 MR' DINIZIO: Aye.
7 THE CHAIRMAN: Thank you very much
8 for coming. in.
9 Village Marine will not be here
10 tonight . Before we hear the last two
11 hearings, we will take a three minute
12 recess . I make a motion.
13 MR. SAWICKI : Second.
14 THE CHAIRMAN: All in favor?
15 MR. GRIGONIS: Aye.
16 MR. SAWICKI : Aye.
17 MR DOYEN: Aye.
18 MR. DINIZIO: Aye.
19 (Whereupon, a brief recess was taken
20 at 9: 10 p.m. and the hearing resumed at 9: 13
21 p•m•
22 THE CHAIRMAN: I need a motion to
23 reconvene.
24 MR. SAWICKI : So move.
25 . THE CHAIRMAN: All in favor?
1 79
2 MR. GRIGONIS: Aye.
3 MR. SAWICKI : Aye.
4 MR. DOYEN: Aye.
5 MR. DINIZIO: Aye.
6 THE CHAIRMAN: The next appeal is in
7 behalf of Constantine Georgipoulos . The
8 legal notice reads as follows :
9 Appeal Number 3941, Constantine
10 Georgipoulos . Variance to the Zoning
11 Ordinance, Article IIIA, Section 100-30 A. 3,
12 for permission to construct a one family
13 dwelling. Proposed construction will have
14 insufficient front yard setback. Property
15 Location: 1300 Lake Drive, Southold, County
16 Tax Map Number 1000 , Section 59, Block 1 ,
17 Lot 21. 6 and 21 . 7 .
18 I have a copy of a survey dated
19 February 20, 1980 , in behalf of Roderick Van
20 Tuyl , P.C. , and indicating this proposed
21 dwelling, and in this particular case it
22 doesn' t coincide with the application. I
23 have a copy of the Suffolk County Tax Map
24 indicating this and surrounding properties
25 in the area.
1 80
2 MR. BOWMA: Bob Bowma, land use
3 representing Ms . Georgipoulos . The reason
4 we are here before the Board is at the
5 request of the New York State Department of
6 Environmental Conservation. As you can see
7 from the survey, there are some freshwater
8 wetlands on the property. Ms . Georgipoulos
9 has agreed to merge two lots, two 40 ,000
10 square foot lots . So this lot would be
11 80 ,000 square feet .
12 Because of configuration of the
13 wetlands , the Department of Environmental
14 Conservation has asked us to move the house
15 as close as possible to the road and they
16 have asked that we seek a variance to move
17 it closer than the requested 50 feet . I
18 don' t know if I have submitted a letter from
19 the Department of Environmental Conservation
20 requesting that as part of the record, but' I
21 have that with me.
22 THE CHAIRMAN: I don't know if I have
23 it . Yes , I do have it . The thing that
24 concerns me is that my survey reads 40 feet
25 and you are talking about 10 , and that is
1 81
2 what I don' t understand. I see 10 for the
3 cesspool,, but I don't see 10 for the actual
4 construction.
5 MR. BOWMA: The house would be set
6 back 40 feet .
7 THE CHAIRMAN: The house would be set
8 back 40 feet?
g MR. BOWMA: That ' s correct, rather
10 than the 50 feet it requires .
11 THE CHAIRMAN: You are asking for a
12 10 foot reduction?
13 MR. BOWMA: That is correct .
14 THE CHAIRMAN: All right . That is
15 where the problem is.
16 MR. BOWMA: That will satisfy the
17 Department of Conservation. We will push
18 the house 67 feet and 68 feet from the
19 wetlands , and they will be willing to go
20 along with those setbacks . So we hope you
21 would consider this in a favorable light .
22 Ms . Georgipoulos certainly doesn' t have any
23 choice in this case.
24 THE CHAIRMAN: We thank you very
25 much.
1 82
2 Is there anybody else that would like
3 to speak in favor of the application?
4 Is there anybody that would like to
5 speak against the application?
6 Are there any questions from any
7 Board members?
8 MR. DOYEN: No.
9 THE CHAIRMAN: Hearing no further
10 questions , I make a motion closing the
11 hearing and reserving decision until later.
12 MR. DOYEN: Second.
13 THE CHAIRMAN: All -in favor?
14 MR. GRIGONIS: Aye.
15 MR. DOYEN: Aye.
. 16 MR. SAWICKI : Aye.
17 MR. DINIZIO: Aye.
18 THE CHAIRMAN: The last hearing is a
19 recessed hearing from March 15, 1990 , and we
20 will open up that since we had read the
21 legal notice. We will ask Brooke Travis if
22 she would like to continue with her
23 presentation.
24 MS. TRAVIS: I don't know where to
25 begin, but I guess there are two issues
1 83
2 involved. One is to reinstate the non-
3 conforming use and then after we reinstate
4 the non-conforming use, then we are going to
5 ask if we can add, alter and change the non-
6 conforming building.
7 I think that we have found that there
8 is considerable precedence of two dwellings
g on a parcel on Fishers Island. To our
10 knowledge, all of the abutting neighbors
11 have at least one other dwelling on the
12 site. Very few houses on the Island have
13 parcels of this size. This is approximately
14 6 . 2 acres, and those who do have parcels
15 this size have at least one or two other
16 accessory buildings on the site.
17 We do realize that there might be
18 alternatives to granting this variance, such
19 as subdivisions , but this case has been in
20 our architectural office for almost three
21 years at a considerable expense to the
22 clients . I am just concerned that going
23 through and applying for a subdivision will
24 increase that in addition to a considerable
25 increase in property taxes .
1 84
2 So we hope that we can resolve this
3 through variances and not through the
4 subdivision, again, because there is a
5 precedent of this kind all over the Island.
g THE CHAIRMAN: What is the zoning in
7 that area? Is it 80 ,000 square feet?
8 MS. TRAVIS: I think it is three
g acres .
10 THE CHAIRMAN: Three acres , and we
11 have a total of what? Approximately 6 . 2
12 acres , okay.
13 MS. TRAVIS: I mean, I don' t even
14 know if it is necessary to go through all of
15 the things that we do during construction
16 . . . after construction, maintaining the
17 quality and integrity of the site, and also
18 John Thatcher (phonetic spelling) sent a
19 letter.
20 We are building away from the
21 wetlands . Again, we are taking all the
22 necessary precautions during construction.
23 We used two rows of hay bales during
24 construction. There is an existing one
25 foot wall which will help with the runoff .
1 85
2 We are not using piers . We are using
3 the foundation wall . We feel that using
4 piers would not allow for the growth to be
5 continuous underneath the house. So, we
6 will use the foundation instead as a
7 barrier. We have all the approvals from
8 the agencies , the health conservancy,
g Department' of Environmental Conservation,
10 and the Trustees .
11 THE CHAIRMAN: Can I ask you what the
12 purpose of this second dwelling is?
13 MS. TRAVIS: The purpose is that Mrs .
14 Rafferty has five children. All of her
15 children have grandchildren at this time
16 and, frankly, when the family gets together
17 on the Island, they can' t fit in the house.
18 Now, I guess they could put five or six
19 people in a room, but it's simply for that
20 purpose and not for guests , but really the
21 immediate family. Every child has, I think,
22 a minimum of two children. So she does have
23 quite a large family.
24 THE CHAIRMAN: Is the main house
25 heated?
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2 MS. TRAVIS: I believe it is heated,
3 but I don' t know. So I would have to
4 determine that for you.
5 THE CHAIRMAN: Is the proposed
6 structure, and I am referring to it as a
7 structure because it is not a dwelling yet
8 and it may not be a dwelling . . . okay? Is
9 that going to be heated?
10 MS. TRAVIS: It doesn' t have to be.
11 I mean, typically we don' t heat buildings .
12 We have small wall unit kind of heaters ,
13 forced air.
14 THE CHAIRMAN: We didn' t receive a
15 letter from Mrs . Rafferty. I believe it
16 says that this letter had been used for
17 overnight sleeping arrangements by some of
18 the children.
19 MS. TRAVIS: Right .
20 THE CHAIRMAN: Does she have any
21 indication on how long ago that was?
22 MS. TRAVIS: Well , she did indicate
23 to me it was within the past two years .
24 However, we realize that these are isolated
25 moments within the last two years and not
1 87
2 continuous stays for long durations . But
3 she did indicate, as I said, that the
4 children did stay inside this dwelling . . .
5 structure.
g THE CHAIRMAN: For the record and
7 continue the record, upon this investigation
8 of this premises , we did indicate that the
9 lower floor of the building was used
10 apparently as a carriage house, so-to-speak,
11 which probably either housed a carriage at
12 one time, or an automobile. There was an
13 old, very old kitchen with an existing stove
14 which is vented through a chimney and has at
15 least two bedrooms and an antiquated bed or
16 fragments of those antiquated beds in the
17 building itself .
18 The request of this Board and of Ms .
19 Travis as agent for the Raffertys, was a
20 former denial of the Building Inspector who
21 denied the property and that was basically
22 what we were looking for between the last
23 hearing and this hearing. Our question is
24 that there is definitely an establishment of
25 the pre-existing use of the dwelling
88
1 2 referred to on the survey as an existing
3 garage apartment , and there is concurrence
4 with that at this particular point by either
5 the application . . . maybe just the applicant
6 and not necessarily the agent for the
7 applicant .
8 MS. TRAVIS: Well , it depends on how
9 you define that and if it is defined by long
10 stays obviously we couldn't . . . neither the
11 agent nor Mrs . Rafferty would indicate that
12 that has occurred. But as I said in the
13 letter and Mrs . Rafferty did indicate that
14 the house would . . . someone did stay.
15 THE CHAIRMAN: Is there any
16 electrical service that is in operating
17 condition to that structure?
18 MS. TRAVIS: I don' t know.
19 THE CHAIRMAN: It certainly didn' t
20 appear so when I looked at it . All right , I
21 guess we can wrap it up at that point .
22 Is there anybody in the audience that
23 would like to say anything concerning this?
24 For the record, it is a beautiful spot . It
25 is adjacent to a reservoir area used by the
1 89
2 people of Fishers Island. The building is
3 nestled in somewhat of a ravine adjacent to
4 the parking area and . . . although separated
5 fairly close to the existing lot, two story
6 dwelling which sits approximately in the
7 center of the property.
8 Hearing no further questions and
9 statements, I make a motion closing the
10 hearing and reserving decision until later.
11 MR. GRIGONIS: Second.
12 THE CHAIRMAN: I thank the agency and
13 the applicants for coming down here. All in
14 favor?
15 MR. DOYEN: Aye.
16 MR. GRIGONIS: Aye.
17 MR. SAWICKI : Aye.
18 MR. DINIZIO: Aye.
19 THE CHAIRMAN: The last hearing, for
20 the record, Village Marine, we received a
21 letter from Mr. Cuddy requesting that it be
22 recessed and I am going to recess without a
23 date.
24 MR. DOYEN: Second.
25 THE CHAIRMAN: All in favor?
--q6 -
1 90
2 -MR. DOYEN: Aye.
3 MR. GRIGONIS: Aye.
4 MR. SAWICKI : Aye.
5 MR. DINIZIO: Aye.
6 (Time noted: 9: 27 p.m. )
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9 I , GAIL ROSCHEN, do hereby certify that I am
10 an Official Court Reporter and that the foregoing
11 constitutes a true and accurate transcript according to my
12 official stenographic notes .
13
14
L ROSCHEN
15 Official Court Reporter
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