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HomeMy WebLinkAboutZBA-03/05/1992 HEARING TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 5 , 1992 Board Members Present: Chairman Gerard P. Goehringer Members : Grigonis, Dinizio, Villa, and Doyen Linda Kowalski, ZBA Secretary and approximately 30 persons in the audience. Appeal # 4075 Applicant (s) :. Mr. Michael Herbert Location of Property: 795 Pike Street, Mattituck, NY County Tax Map No-. : 1000-140-2-23 CHAIRMAN GOEHRINGER: This is a continuation of the prior meeting held on January 23, 1992 . Miss Ongioni do you have anything you would like to add to the file? Ms. Ongioni: No sir, I don' t have anything I would like to add to the file. It seems that the file is complete at this time. I am here to answer any questions which . the Board may-have. CHAIRMAN COEHRINGER: We went down and reviewed the property with Mr. Herbert and had a very nice tour. He did an excellent job to the building. It is very tastefully done. I have nothing other to say and we will see if it generated any. .questions from anyone else on the Board. Gentlemen. Members: No. CHAIRMAN GOEHRINGER: I guess not and I thank you for coming in and we are sorry for bringing you here. MS. ONGIONI: Oh, .that is fine. I urge, .the...B.oard. .to approve the appli- cation and I rely. on; .all the: previous submitted documentation. CHAIRMAN GOEHRINGER Okay. Thank you. MS. ONGIONI : One question. Do you think the Board maybe ruling on this tonight? CHAIRMAN GOEHRINGER: Probably not. We will probably be ruling on it I would say, within two or three weeks. I can' t guarantee you that it depends. We have one hearing that may go a little while at the end evening tonight, so we are not really sure how late we are going to be. We have to make two decisions from :the prior meeting and those are of great importance to us. It depends on how much we get into them. MS. ONGIONI: Well thank you very much for your consideration. Page 2 Public Hearing--Michael Herbert Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: you're welcome. Thank you. I would to make a motion closing the hearing, reserving decision until later. MEMBER GRISONIS: Second. All in favor -Aye. by (Transcribed by tapes recorded on 3/5/92) Page 3 Public Hearing ' -Southold ZBA 3/5/92 Appeal # 4083 Applicant (s) : Leonard and Donna Schlegal Location of:. Property: 1475 Home Pike Road, Mattituc.k.,. NY County Tax Map No. 1000-114-1-5. 1 - The Chairman- opened the hearing at 7: 35 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey indicating the approximate placement of the fence, which is basically on the northerly property line running from a distance .on top of. the, hill, or just below -the bluff to the private road. And I have a- copy of the. Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would ' like' to .be.,..heard? You are Mrs. Schlegal? Would you like to use the make and say something? There is nothing you would like to say for the record? Can we ask you a question? MRS. SCHLEGAL: Yes CHAIRMAN GOEHRINGER: Now I am going to ask you to stand up and use the mike. You can just stand up, you don' t have to use the mike okay. Can you tell me why you need the fence 6 (six) feet in height past the house? Meaning from the house to the private road. MRS. SCHLEGAL: There has just been a house built very close to the proximity of our property, which is about fifteen (15) feet,-from our property line and it is quite an invasion of privacy besides there is a lot of rubbish and barrels and every other kind of thing,, it sort of reflects on the property. CHAIRMAN GOEHRINGER: Okay, this is done after they have completed the house? There is still debris there. MRS. SCHLEGAL: Well-they have a boat there with big.:p.las.tic_ tarps and you know little by little there is more and more things of garbage collect- ing. It hasn' t gotten any better. CHAIRMAN GOEHRINGER: I was up there. This was the original older house that_ .was on this ..lot and-. then -the lot was divided. It that correct? MRS— SCHLEGAL: Right. CHAIRMAN GOEHRINGER: Okay. I am._.trying to think of the prior-owners names. I am not being successful, it doesn' t really make any difference. Now, one lot away from yours to the north there is a 6--foot-fence which encompasses almost the entire piece of property. The slatted fence. Right. MRS. SCHLEGAL: Right. CHAIRMAIN GOEGHRINGER: And actuallX blocks the .Right-of-Way, so that you have to stop at your neighbors property, turn around, you couldn' t . Page 4 Public Hearing--Schlegal Souhtold ZBA 3/5/92 proceed all the way through the loop and all the way back right around. MRS. SCHLEGAL: No. It doesn' t proceed through-..as on the map on the Suffolk County map. CHAIRMAN GOEHRINGER: We will see if it generates any questions from the Board. Let me -j_ust _ask anybody. Is there anybody here that would like to speak. in favor or against this application. . MR. SCHLEGAL: One other thing. Part of the reason for the fence, because of the lay-out of the properties in that area, we are all:.. adjoining. the creek, we .are facing the creek. The rear yards are backed up to the creek. And there is no real place for storage or anything behind them because of the bluff areas.. So basically you .don' t have any choice but to keep any boats_. or garages or cars or parking to the front yards of the houses and that was the main.:reason for putting the fence up. It is just to offer privacy to both neighbors and ourselves. Because you really can'_t. put stuff down on the beach. He does have a boat there, I 'm sure he will have cars and whatnot. CHAIRMAN GOEHRINGER: Am I pronouncing your name right? Schlegal. For the record just let the. person who is transcribing this know that this is Mr. Schlegal.. speaking. Thank you. sir. Is there anybody else that would like to speak either__ pro or for. or against this hearing. Seeing no hands, we will ask an.y,_.Bo:ar:d._members: .have. questions...after viewing this property. Anybody have any specific problem with it, MEMBER DINIZIO: Yes. The dog wouldn' t let me on :the property. CHAIRMAN..GOEHRINGER: The dog wouldn't let you on the property. That is a specific problem. Hearing no further questions, I make a motion closing the hearing, reserving decision until later. MEMBER DINIZIO: Second. All in favor - Aye. Members: Grigonis, Doyen, Dinizio, Villa. by (Transciibed by tapes recorded on 3/5/92) Page 5 Public Hearing Southold ZBA 3/5/92 Appeal # 4071 Applicant (s) : Joseph F. Barszczewski, Jr. Location of Property: 145 Kerwin Boulevard, Greenport, NY County Tax Map # : 1000-53-2-9 The Chairman opened the hearing at 7:40 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the site plan produced by Lawrence .M. Tuthill PE, from Greenport, indicating a building of approximately 50 x 75, ten feet from__the rear property, 71-2 feet from the easterly property line, approximately 5 feet from the west. and. 65 feet from Kerwin Boulevard. The property is approximately .62. 5 feet in width and approximately 150 feet in depth. And I have a copy of the building layout and so on and so forth and a County Tax Map showing all the remaining parcels in the area which appear to be somewhat .substandz�,il..d Is--there someone here who would like to represent this applicant? You can start out, I don' t if it is the evening and I apologize but am I pronouncing your name correctly? Mr. Barszczewski: Yes it was pretty good. CHAIRMAN GOEHRINGER: Okay great. Is there anything you would like to say for the record before I grill you. MR. BARSZCZEWSKI : No grill me. CHAIRMAN GOEHRINGER: Most of us on the Board are fire people, and have been firemen for quite a long time. In Mattituck, and I am not comparing Greenport to Mattituck, we had had an application of a similar nature. Alright. We had asked the Chief at that time, of which I am a member and have been for 23 years in the Mattituck Fire Department, to go-down and measure for us the actual radius distance that a fire truc.k' would require to get around a building of this nature.. In that particular situation, they told us it was about 14 feet. I was not privy to the measuring, nor was I there, I merely asked the Chief to do so. I realize it is critical for you to have a specific size building that you want, but I am mention- ing this to you that there is a possibility that this building could be scaled down, either through the zoning process or the plan- ning process. I think that what you might want to think about is what is the largest building that you could like with on this particular piece of property and hopefully it is not a 50 foot wide building and I am not talking about significant scaling, but a. scaling that is going to be closer to what -we had found in Mattituck when we had asked the Chief to the radius for us. We are not necessarily requesting that a road be put in around the building, but we are concerned about access. MR. BARSZCZEWSKI : Can I mention that there is a 40 foot right-of- way right next to my property. When you are looking at the building Page 6 r Public:,.Hearing--Barszczewski Southold ZBA 3/5/92 it is on your right had side. It is called Lawrence Lane and it is a 40 foot right -of-way. It goes all the way back past the property. CHAIRMAN GOEHRINGER: Is that a paper street? Or is it MR. BARSZCZEWSKI : It is a dirt road. CHAARMAN GOEHRINGER: Okay. I didn'.t notice that when I was over there, I apologize but .go .,ahead. What else. That is a plus def in ately. MR BARSZCZEWSKI: The reasons why I need the building of this size is that I have three trucks and a large cooler. And I need three doors in the front of my building. And each door has to be 14 foot wide to get my milk trucks, and I have: .a 65 foot tractor trailer that pulls in there to back up into there, so I have to have three bays, two for my trucks and one for my trailer to have storage where my milk is. That is whyI am asking for the 50 foot wide building, because I need. That is what my need is. CHAIRMAN GOEHRINGER: Okay so, we have got 1428, you got 42 . MR. BARSZCZEWSKI : Then they have inbetween the building they have they call them the middle posts , that holds it up. That makes it up to the 50 foot. When I tried the 40 foot, the guy says no way in the world that you can get the three (3) doors that you need in the building. CHAIRMAN GOEHRINGER: Okay. What about the issue of Lawrence Lane. Do you:h,ave,a right-of-way over Lawrence Lane in your deed, do you know? MR. BARSZCZEWSKI : That I am not sure. CHAIRMAN GOEHRINGER: Could you check on. that for us. It doesn' t have to be done tonight. And let us know within the next two (2)' week:s, ,if you have a right-of-way over it. All you have to do very simply is check your deed. It should indicate it in-- your deed or in the title report you receved- at the time; when you purchased _. . the property. How tall is the building in reference to height to the ridge? MR. BARSZCZEWSKI : The doors are going to be 12 x 14 feet. They have to be 14 feet high and twelve (12) feet wide. CHAIRMAN G,mEHRINGER: Twelve (12) foot wide. MR. BARSZCZEWSKI: They are 12 foot wide.. It is 36 feet plus. the two middle posts and the end of the building. The guy says it is 14 foot high and: it has a 112 pitch. I am not exactly sure, if the picture of it. CHAIRMAN G.OEHRINGER.:.- Could you also supply that information to us in reference to that height. MR. BARSZCZEWSKI: You want from the peak of the building to the Page _ 7. . Public Hearing--Barszczewski Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: Either the peak or the mean which is in the center of the roof. The peak would be...more: .:. he_lpful, because we are used to measuring from the peak. Alright? This is a steel'.- `. building, a corrugated building? Or aluminum? MR. BARSZCZEWSKI : Yes. Steel. CHAIRMAN GOEHRINGERe . During the time that you discussed this. Is it-.in_your.--.op nion_the smalles.t._:building that you can live with based upon the operation you have. Mr. Barszczewski: Yes. CHAIRMAN GOEHRINGER: Five feet variance one way or the other would put.. you out of business. Is that correct? MR. BARSZCZEWSKI : Oh,: .that'_s. a problem.: '.Y:o.0 are going a little too far there. Then I would have to take down. I wouldn' t be able to fit the trucks in there. I would have to leave them. It wouldn' t fit. I couldn't. CHAIRMAN GOEHRINGER: Well we will see what we can do in this situa- tion here and you are going to get back to us with the height of the building,and the deed. Is this clear span. ihside?. MR. BARSZCZEWSKI : Yes. CHAIRMAN GOEHRINGER_ .: It is clear span. How tall is the truck, do you know? MR. BARSZCZEWSKI: They are 122 feet tall . CHAIRMAN GOEHRINGER: It is going to be very important to us if you are looking for these setbacks, if you,..have. :a .righ:t�.of-sway on Lawrence Lane or not, because we can attempt to crowd Lawrence Lane more then we can crowd the other side. So as to gain more access. MEMBER VILLA: Jerry, he may need site plan approval too... -Are the Planning Board , going to require him to_`.improve any of Lawrence Lane. CHAIRMAN GOEHRINGER No I don' t think so. My concern is what degree he can clear Lawrence Lane if we needed more access on the one side. You know what I am saying. MEMBER VILLA: You mean the Planning Board can require people to actually improve road frontage. CHAIRMAN• GOEHRINGER.: So can we under 280A. We do it all the time. :' MEMBER VILLA: I was wondering if they were going to have that as a requirement. CHAIRMAN GOEHRINGER: We can do that all the time under 280A. Parzi_ ticulary for fire access. So quite honestly, it is important that we Page 8 Pubic Hearing--Barszczewski Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: (con' t) .know that, so let us know and we will do the best we can. Do you want to close this meeting or do you want to hold it over. MR. BARSZCZEWSKI : Should I still figure out the height of the building. CHAIRMAN GOEHRINGER: Yes. ..Still fig.ure:.:i.t.:jout. We. are estimating between 18 and 19 feet. MR. BARS%ZCZEWSKI : I will just call the guy at the company. He can tell me right a way. SECRETARY KOWALSKI. : I..would .say: .close..it, we can always readvertise it if you want to reopen it again. CHAIRMAN GOEHRINGER: Okay. The Planning Board has not made its recommendations on this yet. SECRETARY KOWALSKI : Yes. They were in the file. CHAIRMAN GOEHRINGER: They were. Okay. I thought they were waiting for another map or something. Oh I do see it, okay. Planning Board cannot comment on this sketch yet. Insufficient level to detail, percent of lot coverage, proposed building type and purpose, along with a sketch elevation drawing of the property for parking calcu- lations and locations of property spaces and so on and so forth. This is a conforming use to this district though right? And, so basically he is only here for that particular issue. Lot coverage and side yard setback. As soon as you can get back to us on that job, it doesn' t have to be again -tomorrow, but whenever you 'do, we will entertain the thing and send it over to the Planning Board after that. This is very simply milk storage. It that what it is? MR. BARSZCZEWSKI : Yes. Trucks would be in there and my :trailer with the milk on it. CHAIRMAN GOEHRINGER: Okay we run into this problem before and just before I close the hearing, just tell me. In the summer time, is there milk stored in the truck of which you have a motor running outside to keep the milk cold. MR. BARSZCZEWSKI : Right now I have a 40 foot trailer with a motor in front. Yes it goes off and on when it cools down. CHAIRMAN GOEHRINGER: Have you had any complaints from the neigh= borhood on this, from the noise. MR. BARSZCZEWSKI: NO. I put up . the barrier, you see the barrier there, -the wooden one, it "just: kept the noise away. Page 9 Public. Hearing=-Barszczewski Souhold ZBA 3/5/92 CHAIRMAN GOEHRINGER: What is going to happen when the building is _ built? MR. BARSZCZEWSKI : The trailer will go right inside. CHAIRMAN GOEHRINGER: And the motor from the. MR. BARSZCZEWSKI : It is an electric motor. CHAIRMAN GOEHRINGER: It' s an electric motor, It is not diesel or gas. MR. BARSZCZEWSKI: No. Diesel only if the electricity goes out in case of a hurricane. CHAIRMAN GOEHRINGER: Okay. So this motor does not make a great drone. MR. BARSZCZEWSKI: Oh no. The motor turns a couple of fans. CHAIRMAN GOEHRINGER: Okay, great. Thank you. Is there anybody else who would like to speak? I believe Mr. Schoenstein. MR.. SCHOENSTEIN: Right. Members of the Board my name is Ar-hoia Schoenstein, and I lease the property standing on Kerwin Blvd. immediately to the left. And I also own a piece to the left of the rear part of his property. And I have absolutely no objection to his building or anything that he does. As far as the side lines are concerned, I have no objection.:as to how close he comes to my property, whatsoever. He is a hard working boy and I think that the Board should look at that favorably too. Thank you, that is all I have to say. CHAIRMAN GOEHRINGER: Thank you. Anybody else who would like to speak? MR. FRED SCHOENSTEIN: My name is Fred Schoenstein and I own the property immediately to the rear of Joe' s site. And I would like to say that I have no objection also to him putting of that size building-.and the width and setbacks and soforth. I figured it would be nice if he could get the size that he could, so that he could fit..all of his equipment in there. And naturally it would be blocking view from the road of our rear yard of the welding shop. I am sure ,that nobody would be in objection to seeing that stuff that is back there . now. We have had a few people mention to us. it is a shame that .you can' t hide hide some of those beams and whatnot and really if he puts that building up that would pretty much block in our rear property from almost all view from that side road. So I'm absolutely in:.'favor of it. Thank you. CHAIRMAN GOEHRINGER: Thank you. Just before I close this. . I 'm just thinking at the same time, I apol'Qgize. Is the 65 feet i n reference to set back from Kerwin Blvd. :.etched:.in.stone., . also, do you need that in reference to distance for the tractor. Page 10 Public Hearing--Barszczewski Southold ZBA __. 3./5/92 . MR. BARSZCZEWSKI: The tractor trailer is 65 feet long and when he backs up into the building a little bit so he will be off the road. That is the reason why for the set back. CHAIRMAN GOEHRINGER: Thank you. I would have felt bad if I didn't ask you that question. MR. BARSZCZEWSKI : I guess from the property lines to the road there is about 6 foot of dirt, so I figured that this would be off the road enough so that he is not blocking the traffic. CHAIRMAN GOEHRINGER: Okay. Thank you. Hearing no further questions, I make a motion closing the hearing, reserving the decision until later. MEMBER GRIGONIS: Second CHAIRMAN GOEHRINGER: Pending the outcome of those two sp.edifid...�. calculations that we have requested from the applicant. ALL IN FAVOR AYE. MEMBERS: Doyen, Grigonis, ;Dinizio, Villa by Transcribed by tapes recorded on 3/5/92 Page 11 Public, Hearing--Brennan. Southold ZBA 3/5/92 Appeal # 4084 Applicant (s) : Mary. -C. Brennan Location of Property: 319 Champlin Place, Greenport, NY County Tax Map # 1000-34-3-41 The Chairman opened the hearing at 8 : 00 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I ,have a copy of a survey which was produced by Roderick Van Tuyl dated February 3, 1992 _ indicating the nature and placement of this one-story house on Champlin Place in Greenport. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties and the nature again_i.of this application is the deck area in the rear, which exceeds the lot coverage. And, of course, we have nonconforming setbacks. Is there somebody who would like to be heard? HENRY RUTHINOWSKI I.:bought the house from Mrs. Brennan and this is my wife Debbie. .-.And-- it was orginally built for my grandparents in 1965 and in early 1966 they moved in February 1966 . And there was a deck on there in February 1966 . Mrs. Brennan rebuilt the deck in 1980 after she bought it in 1979 and- the deck was on the survey in 1979 survey that she had. I don' t know why there wasn' t any CO issued or anything said about it then, but. When she rebuilt the deck, she put a roof on it too. I guess this is about it. CHAIRMAN GOEHRINGER: Are you in contract buying this house or are you living in it? HENRY RUTHINOWSKI : We bought it. CHAIRMAN GOEHRINGER: Oh you bought it, you are living in it now. HENRY RUTHINOWSKI : Yes. We are in the process of just :finishing up moving in now. The cards that we sent out to all the neighbors around the.,...:.. (gives cards to Chairman.) for the variance. It hasn' t bothered anybody since 1966 . CHAIRMAN GOEHRINGER: What: is the nature of the application that is holding you up from going to closing? Or is it holding you up getting the C.O. ? MR. RUTHINOWSKI: No you see the bank wanted us to get an ._C.O', , wanted Mrs. Brennan to get the C.O. for it. And they waived that but .they suggested that we should still get a C.O. for it. CHAIRMAN GOEHRINGER: So you did close on the property. MR. RUTHINOWSKI: Yes we did close on it. CHAIRMAN GOEHRINGER: So all you are doing is. . . . . MR. RUTHINOWSKI : Is just trying to get everything official. Page 12 Public Hearing--Brennan Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: The reason why I asked that question is just I didn' t. know .what your _time.'.in this-..was, if you were waiting for a closing date, and you weren' t in the house, or what the case might be. Okay, great. I did come over on a Sunday morning and I didn' t bother you, I looked at your property from your next door neighbors. I did. notice '.the .skylight,. because it was morning and I could see the light appearing through it and so on and so forth. I don' t have any particular problem with it as long as you are not attempting to reduce the setbacks any further then what we have in the lot coverage, anymore then we have. I will tell you, however, though .this Board has never granted, I shouldn' t say never, I should never use that word never. This Board has not granted something in excess of about 31 or 32 percent. We are about .in that area right now, but we do things all the time, so maybe it will be a new prec�e.�lent for us. I thank you for your comments and we will see if there are any other questions. Is there anybody else who would like to speak in favor of this application? MRS. RUTHINOWSKI: The only tbing I would like to add to it is that my husband':s father and motherVdirectly behind us. So if there was going to be a problem they would be the only ones who would give us a problem, but then again as my husband said that is has been in the neighborhood for all these years and we don't understand why it wouldn' t be accepted up to now. CHAIRMAN GOEHRINGER: Thank you. Anybody like to speak against the application? See no hands, questions from Board Members? MEMBER DINIZIO: I have just a couple. of comments. In looking at Henry' s property and the properties to either side, as far as the area variance, If you notice their houses are much closer to the road. And when you stand on that porch, Henry' s porch, those houses are pretty much almost same right up to his porch. I would say lot co verage in that particular area has been exceeded by 30 percent or quite a bit. CHAIRMAN GOEHRINGER: This is similar to one we had over across the street from the high_..school, if you remember. Over by George Capons. MEMBER DINIZIO: I just wanted to point that out. I really see no sense letting these people go on another day without knowing if they have this porch or not. CHAIRMAN GOEHRINGER: Wet:1:.Mr'. . .Dinizio.'_s.ince you: are from the great Hamlet of. Greenport. MEMBER DINIZIO: I make that motion. CHAIRMAN GOEHRINGER: I will second it. ALL IN FAVOR - AYE. MEMBERS: Grigonis, Doyen, Diniizzzio, Villa Variance approved. b O�L� CAL (transcribed by tapes record 3 5/92) Page 13 _Public_ Hearing--AMAC,INC. , _Southold ZBA 3/5/92 APPEAL # 4074 Applicant (s) : AMAC, INC. (Sukru Ilgin) Location of Property: 7400 Main Road, Mattituck NY County Tax Map # 1000-122-7-1 The Chairman opened the hearing at 8 :05 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the site plan produced and done by Garrett A. Strang, architect indicating a specific date of December 1991. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight sir. MR. STRANG: A couple of points that I would like to make in- con- junction of the application. Some of which reiterate what you already have mentioned fact that the parcel is 11, 984 square feet is preexisting, nonconforming in the General Business Zoning District. The,..site has on it one-story mason refuA' service station, at approximately 1600 square feet, which is comprised of an office and full-service retail sales of fuel and three vehicle service garage bays. Again this use is pre-existing, nonconforming in the zoning district. There is on record a previous Appeal # 3618 which was conditionally approved by the Board April 28 , 1987. One of the conditions of that approval was a two- year limitation on that approval which is subsequently lapsed. The nature of our application at this time is essentially request for a reinstatement for-the-variance for the same purpose. The major difference between this application and the prior is an increase in the area that will be used as a convenience store. The total building area, however, will remain the same and if the necessary approvals are granted, all three vehicle service bays will be converted to the convenience store use adjunct to ithe , existing fuel sales. Since the convenience store. is considered a retail sales operation and is a permitted usedin this zoning dis- trict, I feel that we will in effect.. be reducing substantially the non-conforming use of this building. Another consideration I would like the Board to be aware of is that if again the approval is granted, the station is going to be as it presently is a full- service station, not a sub-service station. This would basically allow for a customer to make a convenience purchase while fuel is . being dispensed by the attendant. This is again our opinion truly a benefit to many of the senior citizens and other member of our community who prefer not to dispense their own fuel. A few % last points ;one..is the fact that unique configuration of -this.- lot of a pre-existing non-conforming size. The strict application of the code would .prosentthe hardship matter (to prevent any alteration to the buildi�q and force my client to maintain the present non- . confoming uses in its business entirely, which move..or not to. Considering this application, I believe the Board would find as it did in granting the previous approval. That the pro- posed us& .as applied for will observe the spirit of the ordinance and in no way alter the character of the zoning district. If the Board has any questions, I would be happy to answer. Page 14 Public Hearing--AMAC, INC. Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: Now is there any additional lighting that is required, ..o.ther than the parking lot area and the rear of the build- ing which. .is of course. . . MR. STRANG: The only lighting that I am aware of that we will need to .provide is with on the east side of the building, which is the proposed new parking area to service the convenience store. And that will be addressed with our application to the Planning Board for site plan review as to limits and the nature of that lighting. CHAIRMAN GOEHRINGER: An there would be multi-accessies from the parking lot into the building on the east side and on the west side. MR. STRANG: As we invision it, at this time, since the primary parking for the convenicnce store must be located.,., obviously not on top of the fuel dispensing, it will be to the east side of the building. CHAIRMAN GOEHRINGER: Only. MR. STRANG: We would like to have an entrance from the east side of the building, but again given the point..that I mentioned earlier since it is a full service station, many people tend to while their fuel is being dispensed, will go in and get a quart of milk or a loaf of bread, whatever they need. So we would also like to be able to have access from the .west side of the building as well. So that the person doesn' t have to wait until after their fuel has been dispensed and drive around to the other side of the building, park and walk in or have to walk all the way around to the back- side of the building. CHAIRMAN GOEHRINGER: Let me ask this question and-, .you can ask the applicant, because I think he is here also. All the articles that are now sitting in the office, such as the cigarettes, and the related items that would deal with the automobile oil, all the stuff that I bought from you before when I had been down there. Would that be placed within the convenience store or would that remain in the office area. MR. ILGIN: Cigarettes that I.. can,. will be moved to the convenience store. Just the motor oil would stay in the office. Sometimes you get leaks, and I don' t want oil leaks on the floor. CHAIRMAN GOEHRINGER: So considerably the access, if the Board was so inclined to re-establish this application, could also be through the office. MR. ILGIN: I would like to keep it as a separate, as a convenience store. As Garrett - was saying a full-service service station. Some- time an employee would go checking-the. oil, transmission, whatever is there. CHAIRMAN GOEHRINGER: I have no problems with that, but I mean the access to the convenience store could be through the office, it Page 15' Public Hearing--AMAC, INC. Southold ZBA 3/5/92 GOEHRINGER con' t- does not necessarily have to be another entrance. MR. ILGIN: I wuldn't like that, that .wasn' t. my: plan. . I: want to keep to my employees. Whoever is pumping the gas from the food. From the convenience food. He can have his own office, he has nothing to do with the store. I don' t want him to come with the dirty hands or oily hands to touch the food or see what other people are buying. CHAIRMAN GOEHRINGER.: I can see thataunderstand that. I am no way I am just trying to understand this . So the only possible way to stop cars from parking in front of the existing three bays which would be converted to the convenience store, would be to put a ".No Parking'.' sign there. On the ground, actually paint it in to the asphalt and say no parking. If the Board is so inclined to regrant this, I have no particular problem with a man, a woman, or a person dispensing when they are dispensing-_.gaso.line running in, the problem that we have of course is parking in front._of. the doors and causing a conflict with those people that are attempting to get gas at the same time. MR. ILGIN: That won' t-happen sir, because we have all this food service and gas attendant. they would warn the customers to please don' t park the cars. And as you say, we will put a sign to the:. sign saying "No Parking" . CHAIRMAN GOEHRINGER: Now would this convenience store also be selling beer? MR. ILGIN: IN the future maybe. CHAIRMAN GOEHRINGER: I don' t think I have any specific questions at this time. I will see if there is anybody else in the audience who like to speak either for or against this application. Seeing no..hands, I ask the Board members if they have any specific questions. I guess this is an easy one Garrett, we thank you very much. And we will do the best we can. I am sure we will spend some time on this. This gentlemen has been very gracious, I should say for the record. I know that he has been waiting, he was kind of caught up in the new Master Plan change and he was during the summer of 1989 very gracious and calling and there was no answer I could give to him .at .that point. So I assume that this application is basically a culmination of that situation. I can understand the importance of him wanting it back. Thank you again. MR. STRANG: If the Board has any questions, they can direct them to my-. office, I will be very happy to forward to the information to you. CHAIRMAN GOEHRINGER: We may come down one more time and look at the whole site plan before we make a decision. Okay. Thank you very much. Hearing no further questions, I make a motion closing the hearing reserving the decision until later. Page 1-6 Public Hearing--AMAC, Inc., (Ilgin) _Southold ZBA 3/5/92 MEMBER GRIGONIS: Second ALL IN FAVOR - AYE. MEMBERS: Grigonis, Doyen, Dinizio, Villa t BY (Transcribed by tapes recorded 3/5/92) - Page 17, Public Hearing--Centonze Southold ZBA 3/5/92 APPEAL # 4081SE and 4082 Applicant (s) : Dr. Philip J. Centonze and Marilyn Centonze Location of Property: 5700 North Rd. (County Road 48) Mattituck, NY County Tax Map # 1000-140-2-11 The. Chairman' opened the hearing at 8:17 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey produced by Garrett Strang architect indicating :the changes from a dwelling to a dental office. on A-1 of this copy dated February 26, 1992 . And the existing second floor will probably remain almost exactly the same except there would be a kitchen placed, I assume, on the second story of this structure, dwelling. And I have .a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Again _Mr. Strang. MR. STRANG: This is a joint application one for a special exception asc,.well as-:for-.a::.-variance. I guess quite a few of the points that apply to one, apply to' both and many things that I will be saying here will be applicable to both aspects of this application for both actions--the Special Exception and the Variance. Again the subject lot of 11,200 sq.ft. is pre.-existing and non-conforming in the residential-office zoning district. The site is presently developed with a two-story single family residence, which is included in this district. I'f-the necessary approvals are granted, as per the application, the building will remain in its present size and configuration with : exception -to::_.mo:difications. mandated by law to make the building accessible to the handicap via a ramp at the primary entry. The proposed professional office as applied for - is specifically listed as a use permitted by Special Exception in this zoning district. The proposed second floor apartment as applied for is also specifically listed as a use permitted by Special Exception in the zoning district to help address the year round housing needs of the hamlet:.areas. And if approved will be made. in compliance with Section 100.-9.1 B4,:.A-F as a condition for a Special Exception. Due to the pre-existing nonconforming lot area, strict application of the code, would prohibit my client from .use of the property as he has intended and has been noted in the appeal. His present location, Dr. Centonze office location, is on the second floor of a building in Mattituck, which makes it difficult for some of his patients to gain access to the second floor due to the absence of an elevator in that building'. In addition there is minimal almost no on-site parking available to his patients. His interest in the subject property is its location, ease of access from County Road 48, the ability to provide adequate parking, as well as. making the first floor of the building easily accessible to the handicapped. The first floor area. is adequate for his office needs and he is aware that the zoning district provides the consideration of his application as an approved use. .This building, however, has a second floor which he could not use as his office without installation of an elevator, which would be totally impractical. Without the option of using the second floor as an apartment, the space would have to remain unutilized which page 18 Public Hearing--Centonze . Southold ZBA 3/5/92 MR. STRANG: Con' t. would create an economic hardship having had purchased the two-story building and being subject to taxes thereon. Since the immediate surrounding area is a mixed bag of residential, commercial, and industrial uses, it is our position that the proposed mixed use on this site will have no adverse affect on the character of the district. Furthermore due to the minimal nature of the activity created by the professional office and apartment we believe that the lot is of adequate size to support these uses. The .parking required as shown on the site plan will be properly screened from neighboring properties and to- assure same, as you are aware, will be subject to site plan approval by the Planning Board. It is our opinion: that this .application is in keeping with the spirit of the ordinance for which this zoning district was established. Finally, considering the Special Exception as applied for is again our opinion that all aspects of Section 100-263 A-F as well as Section 100-264 A-P have been met and or adhered to . We will ask the Board is they will look favorably on this application to. grant extended approval period in as much as several additional approvals must be attained and my client will not. be: n:,a position to proceed with this project immediately. If the Board has any questions at this timer CHAIRMAN GOEHRINGER: By that you mean, assuming that you get approval from here, you still have to get .site plan approval is that what you are saying. MR. STRANG: We not only need site plan approval, but we will need County Health Department approval and there is a .myriad of steps through the Health Department to get that approval because again of the mixed use. CHAIRMAN GOEHRINGER: Do you need an additional curb cut from the County in reference to. MR. STRANG: That is still up in the ai.x' as to whether we will or can live with and use the existing curb cut as it is. I guess they will make the determination again, again.:based on the size of the parking . , in the minimal amount of traffic flow that will be generated by this use. CHAIRMAN GOEHRINGER: This house is a one-family structure right now. MR. STRANG: Yes it is. CHAIRMAN GOEHRINGER: There is no facilities for the preparation of food on the second floor. MR. STRANG: Not at this .time, no. " .The second floor is comprised of three (3) bedrooms and a bathroom. CHAIRMAN GOEHRINGER: As is the same the kitchen downstairs would be taken out. MR. STRANG: The kitchen downstairs would be removed. Page 19 ' Public::.Hearing--Centonze Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: For the record, I think this is probably one of the best plans I have ever seen in reference to mobility and movement. This of course is a relatively low traffic use in reference to its tendancy and I don' t have any specific questions. I think that the site plan and everything you have furnished from my particular job is self-explanatory. I will ask the Board members is they have any specific quetions. MEMBERS: No.. (Tape. turned over) CHAIRMAN GOEHRINGER: Zs: .there:: any _on.e.:.else ..wh& like:_.:tospeak. .- against the application. Seeing no hands, I make a: motion closing the hearing reserving the decision until later. And we thank you both for coming in. MEMBER GRIGONIS: Second by: Transcribed by tapes recorded 3/5/92 Page 20 Public Hearing-'-,.. ,Southold ZBA .._,.3/5/92 Appeal # 4076 Applicant (s) Future Screw Machine Products (Mr. & Mrs. Warren Hufe) Location of Property: N/S County Road 48 & W/S Kenny.' s.,Road,. Southold,. NY County Tax Map # 1000-59-7-33 The Chairman opened the hearing and read the notice of hearing and application for the record. Hearing opened at 8: 27 p.m. CHAIRMAIN GOEHRINGER: I have a survey by Joseph A. Ingegno indicating this corner lot of Kenny' s Road and North Road,_ It has a lot area of 13,718 . 85 sq.ft. or . 3149 acres and is improved by a one or two story frame concrete building, which is used as a machine shop. _.And . I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard. Mr. Moore? MR. MOORE: Thank you Mr. Chairman, William Moore of Moore & Moore 315 Westphalia Road;, Mattituck,. .NY. I will begin by giving you a few photographs. I 'm sure you have seen it, its visible from 48 , so if you haven't stop to take an inspection, I know Mr. Villa was there, you can see, I have a few photographs to show this which was stopped,by a stop work order late fall, I think the end of November. This was a, I:-ha,tb-_-.to bVen :call .zt a ,.striacture-;. Mr.. . Hufe thought that. he could--simply cover a small area to protect one of his bar feeds. The machine shop takes stock, which is in bar form, feeds it into a machine which then creates these small specialized parts that is produced at the facility. The Building Department gave him. a ,Stop Work.. Order and advised him-that if in fact it was going to be a structure and he needed a building permit and that proposed requires a side yard setback. So here we are. What .we: are doing with this addition is simply replacing what had been stockade fence in..-technically the same place which screened those bar feeds with now an addition, I was calling it a lean-to shed or what have you. It is not going to be occupied for storage only, to technically weatherize those bar feeders. The problem is that the new machines that are going to take the place of these old ones are a little more high tech. They are hydraulic in nature and they can' t- .be. exposed to the weather. Mr. Hufe simply wanted to put up basically a canvas screen and a fiberglass lid over the top, as simple as possible, to protect these things. Once we discovered the Building Department..viewed it, as a structure, he went down that road, I think he realized that it made sense to make it a little bit more substantial than a simple canvas and fiberglass top. It will still 'be the most basic type of construction that the Building Department will permit to provide the weatherization. CHAIRMAN GOEHRINGER: Will the sides be enclosed though. MR. MOORE: Yes. The Planning Board is asking what is going to be enclosed. But I assume it is some kind of sheeting with a finished end that will make it look compatible with what the rest of the buildin is. Yes it is going to be enclosed. I think we provided some rudimentary builders drawings to show how basic this shed is going to be and you had a couple of questions which we have provided Page 21 Public Hearing--Future Screw (Hufe) Southold ZBA 3/5/92 MR. MOORE (Con't. ) : the answers to, which was:..:the` height..of. this thnig at 14feet 8 inches. It is going to come as close as 12 feet to the side yard. There is an existing driveway, which is going to remain there. As you are aware the side yard requirement for this zone is 20 feet, so were are seeking a variance down to 12 which is , we will be providing 60% of the requirement..= a reduction by 40%, if my math is right. Mrs. Surozenski is in the audience I don' t want to impose upon her to speak, not to tell her she has to speak. She is the adjourning property owner she' s been .advised that if you..feel .that: she...has- no objection, in fact she supports this application. So she would- be the one most impacted by this addition and she is in support of their request tonight. As you are well aware, when you are considering ,-a' Jl side yard variance there are a few criteria that you have to consider the first being how substantial i:s...the:.variance.-,the in either requirement. We are seeking- 40% reduction in that. Secondl_y,,.�:: by granting the variance we are somehow::-impacting or increasing the population density in the town. This application will not provide any. such population density increase. No more employees are going to be employed there. No less employees are going to be employed there. This is simply an enclosure of existing or new equipment. Third criteria-., substantial change in the character of the neighborhood or substantial detriment would take place and with the neighbor here who would be most impacted consenting to and approving or endorsing this application. I think that I have satisfied that consideration in- particular since we are simply replacing stockade fence with the addition, stockade fence that has been there for years, I think back to 1974. Finally, you have to consider whether or not there. are means other than a variance by which they could accomplish this enclosure. They are simply working within the existing layout of the building. I asked them if there was any way they could possibly swing the equipment around and stick out the east side of the building, but for windows and doors and deliveries and things like that, it doesn' t work. We are stuck with this size of building where we are and its present proximaty to the neighbor. Finally, you have to consider' the interest justice-being will be served by granting the variance. The euqipment is designed to replace outdated equipment, its designed to retain their competiveness, it is not intended to make them more profitable, but simply to maintain a level of c:omp6tition. .in industry that is getting higher and higher in the level of technology. I would suggest that there is no adverse impact on health, safety, or welfare. The existing driveway will remain there. Emergency vehicles can still maintain access with 12 feet of the side yard the . 11 :(eleven) feet plus at the rear yard will remain. So there is no real change in that regard. I have nothing further. Mr. Hufe is here if you have any particular questions for him. CHAIRMAN GOEHRINGER: Well , we had toured Mr. Hufe' s building several years ago and I noticed the placement of the machines prohibited the actual bringing the stock in and that was the purpose of these terrets, if that is what you want to call them whatever you want to call them. Is this stock then placed in these things from the outside and brought around the back of the building and then slid in from the outside and then you feed them in as you need Page 22 .Public Hearing--Future Screw (Hufe) Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER (con' t. ) : them. Is that correct? Mr. Hufe: No, they are fed in from the inside. CHAIRMAN GOEHRINGER: No they are fed in from the inside. Okay because that was the question I had had of Mr. Moore was there going to be doors placed on this so that the doors would then. inhibit the driveway area, . so there will probably be only one door .placed in this. MR. "MO'bRE You put a` door on the north side, were you going to put a door on the south side for those. . . MR. HUFE: I was also going to use the area for storage for scrap, for recycleable scrap. And I think we need more than just a doorway too. CHAIRMAN GOEHRINGER: Okay, but they are not going to be swinging doors, that would be .swingingout toward. . MR. HUFE: No. f prefer sliding doors. If you have any further questions, CHAIRMAN GOEHRINGER Alright, I don;t have any questions. This is certainly not a temporary structure anymore. This is a permanent structure that will be added to the main structure and that is what the basic, the reason for the disapproval, the reason why you are here and the issue. MR.Moore-; Exactly. I couldn' t see just putting canvas up when, that would not be recognized as a temporary structure, you may as well put something that. -Will work, not blow away in the first darn good wind. CHAIRMAN GOEHRINGER: Great. Thank you. MR.MOORE; I would like to make just one last point and that is we are working under both a tough economic times, as everyone knows about, so we have not made a simultaneous application to the Planning Board. We have met. with staff members of the Board and discussed with them. I understand the Planning Board has made their comments . and their recommendation regarding this application to you. If the Board does see fit to grant the application, we will as quickly as possible be seeking the site. plan approval from the Planning Board so that, if it is possible at all, if you are inclined to grant the variance, that you might do so as quickly as you could. We would appreciate i% r Page 23 Public Hearing--Future Screw (Hufe) Southold ZBA - 3/5/92 CHAIRMAN GOEHRINGER: Thank you. . Mr. Moore can I just ask you a question.. The issue,-of the trailer:. Will you be.. bringing that in as a separate application sometime in the near future. MR. MOORE: I am going to have to work on that. I just spoke to Mr. Fish yesterday and got some concenus on how to deal with that, that was not part of the original disapproval so, unfortunately we can' t handle it tonight. CHAIRMAN GOEHRINGER: Thank you. Any questions from any Board members? MEMBER VILLA: The only thing that I would want to say for the record is that speaking to Mr. Hufe, the State DEC and the Health Department are requiring that the scrap stuff be stored in a permanent type of structure. CHAIRMAN GOEHRINGER: Enclosed structure. MEMBER VILLA: Enclosed structure and they would require. They have requirements on concrete pads and berms and everything else, so you can' t leave something like that open to the atmosphere. So it' s got to .be a substantial kind of structure . CHAIRMAN GOEHRINGER:, Thank you Bob. Any other questions, anybody in the audience like to say anything? Hearing no further questions, I make a motion to closing the hearing, reserving decision until later. MEMBER GRIGONIS: Second ALL IN FAVOR - AYE MEMBERS: Grigonis, Doyen, Dinizio, Villa Appeal # 4068- - Eleanor Sievernich. CHAIRMAN .GO2HRINGER:. We. are; looking. for.-a 'further., postponement,. the attorney is in the hospital. I make a motion again, postponing it without a date this time. I will not- be on the April calendar. We will hold it off. MEMBER GRIGONIS : Second. ALL IN FAVOR - AYE. MEMBERS - Grigonis, Doyen, Dinizio, Villa RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLETIiI DATE 13�C7_,; HOUR q.'OO4 4by (Transcribed by tapes recorded on 3/5/92) Town Clerk; Town of Soutf l c