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Southold Town Board of Appeals
• MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J.DOUGLASS
GERARD P.GOEHRINGER
Joseph H. Sawicki M I N U T E S
REGULAR MEETING
MAY 14 , 1981
A Regular Meeting of the Southold Town Board of Appeals was
held on Thursday, May 14, 1981 at 7 :00 o'clock p.m. at the South-
old Town Hall, Main Road, Southold, New York 11971.
Present were: Charles Grigonis, Jr. (7 :00 - 7 :25 p.m. ) ,
Chairman; Serge J. Doyen, Jr. ; Robert J. Douglass; Gerard P.
Goehringer; Joseph H. Sawicki. Also present were: Mrs. Ruth
Oliva (North Fork Environmental Council) , Mrs. Shirley Bachrach"
(League of Women Voters) , Mr. Henry Lytle (Seniors .Club of
Southold-Peconic, Inc. ) .
PUBLIC HEARING: Appeal No. 2814 . Application of Joseph
and Sara Woolston, 27 Greenwood Road, Fishers Island, NY 063901
for a Variance to the Zoning Ordinance, Art. III; Sec. 100-31'
for permission to construct deck with an insufficient rearyard
setback at 27 Greenwood Road, Fishers Island; bounded northeast
by F.I. Ferry District; southeast by. Gilman; northwest by Bar-
mache; east by Greenwood Road; County Tax Map Item No. 1000-
12-1-13.4 .
The Chairman opened the hearing at 7 :08 p.m. by reading the
appeal application and related documents, legal notice of hearing
and noting affidavits attesting to publication in both the local
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to
adjoining property owners was made; fee paid $15.00 .
MR. CHAIRMAN: We have a section of the County Tax Map show-
ing this area and the surrounding area. Is there anyone here to
speak for this application. Anyone to speak against it? (None) .
I' ll offer a resolution granting this as applied for.
MEMBER GOEHRINGER: Seconded.
R
r Southold Town Board of Appeals -2- May 14, 1981
After investigation and personal inspection, the Board finds as
follows :
By this appeal, appellants seek permission to construct a 20 by
12-foot deck to the backyard leaving a setback of approximately 21
feet from the rear property line. The property in question as
shown on plan revised 6/5/80 by Shepard B. Palmer, P:IE. is 163
feet along Greenwood Road, and an average depth of 93 feet. The
premises is improved with a preexisting dwelling.
The Board finds that the relief requested is not substantial
in relation to the Code requirements; that the .relief requested is
within the spirit of the zoning ordinance; that the variance if
granted will not change the .character of the neighborhood; that
no adverse effect will be produced on available governmental facil-
ities of any increased population; that the hardship or '.practical
difficulty is unique; and that the interests of . justice will be
served by granting the requested relief.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that Joseph and Sara Woolston, be granted a variance
to the zoning ordinance, Art. III, Sec . 100-31 as applied for.
Location of property: 27 Greenwood Road, Fishers Island, NY;
County Tax Map Item No. 1000-35-5-20.
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
PUBLIC HEARING: Appeal No. 2810 . Application of Karl E.
Fransson, 11 Dodge Drive, West Hartford, CT 06107 for a Variance
for approval of access, New York Town Law, Section 280-a.
Location of Property: Private Road, Fishers Island, NY; more
particularly known as County Tax Map Item No. 1000-3-6-4 and
bounded north by Private Road; south, east and west by Fishers
Island Development Corp.
The Chairman opened the hearing at 7 :16 p.m. by reading the
appeal application and related documents, legal notice of hearing
and noting affidavits attesting to publication in both the local
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to
adjoining property owners was made; fee paid $15 . 00 .
MR. CHAIRMAN: We have a section of the County. Tax Map showing
this area and the surrounding area. We have a survey of the prop-
erty. Is there anyone here to speak for this application? Anyone
to speak against it? (Negative) Do any of the Board members have
any questions? (Negative) I 'll offer a resolution closing the
hearing.
Southold Town Board of Appeals -3- 14, 1981
r
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing in the matter of Karl E.
Fransson, Appeal No. 2810 .
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
At 7 :24 p.m. the Chairman asked Member Goehringer to act as
Chairman in his place. (The Chairman was not feeling well, and
left the meeting until approximately 10 :15 p.m. )
PUBLIC HEARING: Appeal No. 2816 . . Application of Odysseas
Pyrovolakis, 83-16 170th Street, Jamaica, NY 11432 , for a Variance
to . the Zoning Ordinance, Art. III, Sec. 100-31 for permission to
construct dwelling with insufficient front and rear yard setbacks at
3180 Stars Road, East Marion, NY; Stars Manor Subd. Filed Map #3864 ,
Lot 26 ; County Tax Map Item No. 1000-22-2-19; bounded north by
Zerris, west and south by Stars Road, east by Schroeder.:
The Chairman opened the hearing at 7 :25 p.m. by reading the
appeal application and related documents, legal notice of hearing
and noting affidavits attesting to publication in both the local
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to
adjoining property owners was made; fee paid $15. 00 .
ACTING CHAIRMAN: We have a survey in the file indicating
the proposed position of the house-and County Tax Map indicating
where it appears in the subdivision. Is there anyone here that
would like to speak in favor of this variance?
MR. SGOUROS: Would the Board desire any additional information
with respect to the location of the house--we would be glad to
provide it. We have some drawings if it is appropriate at this time?
SECRETARY: Your name please.
MR. SGOUROS: Sgouros. This is the map. The width of the
house would be as it is situated right now. We need. this southern
exposure, and the dimensions in size is very little variation as
the northern is, by classifying the 50-50 and classify this as a
sideyard.
ACTING CHAIRMAN: Are these active solar panels, or just roof.
MR. SGOUROS: Just roof.
ACTING CHAIRMAN: Is this a .passive or an active system?
k
Southold Town Board of Appeals -4- May 14, 1981
MR. SGOUROS: Passive. A lot of window space. We need the
window space for a greenhouse .effect and also for hot water.
MEMBER DOYEN: My nephew has one that' s --,surprisingly --
(remainder of statement .was.. inaudible. )
MR. SGOUROS: They 're very good. This will be the layout on
the site, the first floor.
ACTING CHAIRMAN: Oh this greenhouse goes up from the first
floor.
MR. SGOUROS: In comparison to the other houses, we think it
will add to the area because it probably is going to be more of a
house than most of the houses in .the; .area.
MEMBER DOYEN: It' s very attractive.
MR. SGOUROS:. It' s a very attractive house. And actually--
I happen to have a lot just across the street from it, but I won't
be facing the same situation. If this is approved, then":.I will
proceed in .my own behalf across the street. But we' re both facing
the same limitation. We beg in this petition that you favorably
pass on this variance.
ACTING CHAIRMAN: Thank you very much. Is there anybody else
that would like to speak in favor of this variance? Anybody to
speak against the variance? (Negative) Hearing no further testi-
mony, I' ll make a motion .to reserve decision until later tonight.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Goehringer, seconded by. Mr. Douglass, it was
RESOLVED, to .close the hearing and reserve decision in the
matter of Odysseas Pyrovolakis until later tonight, in Appeal No.
2816 .
Vote of the Board.: Ayes : Messrs. Doyen., Douglass, Sawicki
and Goehringer. (Mr. Grigonis was absent. )
At the end of the hearing, Mr. Sgouros had agreed to drop off or
mail a copy of the building plans to the Board of Appeals as soon as
possible.
PUBLIC HEARING: Appeal .No. 2819. Application of Donald
Scott, Critten's Lane., Southold, NY for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31 _for permission to construct addition
to dwelling with insufficient front and rear yard setbacks at the
northeast corner. of .Beachwood Lane 'and Critten's Lane, Southold;
bounded north by Hoffineister; west by Oates; south by Beachwood Lane;
east by Critten' s Lane; County Tax Map Item No. 1000-70-11-8 .
The Chairman opened the hearing at 7 :35 p.m.. by reading the
/appeal application and related documents., legal notice of hearing
w
Southold Town Board of Appeals -5- May 14 , 1981
1►
and noting affidavits attesting to publication in both the local
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter from the Town Clerk that notification to
adjoining property owners was made; fee paid $15.00 .
ACTING CHAIRMAN: We have a survey in the file indicating the
position- of the present house, the addition, which..is the subject
of this variance, and a copy of the County Tax Map indicating the
property and the surrounding properties. Is there anybody here
that would like to speak in behalf of this variance? Yes, sir,
could you please step up to the mike. We're trying to get this
on the tape. I hope it' s working.
CHARLES HOFFMEISTER: My name is Charles Hoffineister, and I
just wanted it noted that I have-no objections.
ACTING CHAIRMAN: Thank you.
WILMA HOFFMEISTER: I'm Wilma Hoffineister, and I have no objec-
tion to this either.
ACTING CHAIRMAN: Thank you. Is there anybody else to speak
in behalf of this application? Anybody to speak against it? Hearing
no further testimony, I.' ll offer a resolution to reserve .decision on
this until a later date.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Goehringer, seconded . by Mr_ Douglass, it was
RESOLVED, to close the hearing and reserve decision in::the matter
of Donald Scott. in Appeal No. 2819.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Sawicki
and Goehringer. (Mr. Grigonis was absent. )
PUBLIC HEARING: Appeal No. 2820 . Application of Alfred T.
and Audrey M., Young, North Bayview Road, .Southold, NY for a Variance
to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for permission
to convert preexisting nonconforming dwelling into a two-family
dwelling in a B-1 District. Location -of property: 295 Beckwith
Avenue, Southold; bounded north by Mallgraf; west by Southold
Equities and Plyko; south by Bucci; east by Beckwith Avenue; County
Tax Map Item No. 1000-6i-1-23. (by Rudolph H. Bruer, Esq. as
attorney) .
The Acting Chairman opened the hearing at 7 :43 p.m. - by reading the
appeal application and related documents, legal notice of hearing
and noting affidavits .attesting - publication in both the local � 6
and official newspapers, Notice of Disapproval from the Building
Inspector, and letter -from the Town Clerk that notification to .
adjoining property owners was made; fee paid $15. 00 .
Southold Town Board of Appeals -6- May 14 , lyul
ACTING CHAIRMAN: . We have a survey indicating the house on the
property, and we have a county tax map indicating the position of
the property with respect to the surrounding properties: in .the area.
Is there anybody that would like to speak in behalf of this appli-
cation?
RUDOLPH BRUER, ESQ. : Rudolph Bruer on behalf of the applicants.
I would just like to state basically that we have an unrealistic
zoned area for this time.. The zoning there is- business and the
houses on that street are residential.. and I believe all but one
of them on that street is a nonconforming two-family house. What
we have is a house that was built prior to the present zoning
ordinance. As. a residential house the zoning came in back in 1957
and the various changes up to date. Originally it did not prohibit
up use. of the property. In other words, if you had a business zone
you could always. .use it for a one-family dwelling, you could also
use it for a multiple, etc . Two or three years ago to avoid cer-
tain problems the Town Board changed that to noncumulative zoning,
so therefore if .you didn't have the exact use unless you were
nonconforming or grandfather .clause. type..situation:::.you were stuck
with the use that the ordinance said, and . unless you got a variance
from..this Board. I would say. that the premises on that street, I
think you, all are familiar with it having visited it, is suitable
for two-family dwellings. As I said the houses in the area are
.primarily, as a matter of fact all but one, are two-family except
for the Church and Grange going on one side,. going down to the
stores-businesses on Main Street. . I don't believe and I don' t
think the Board really would .believe that pedestrian traffic is
going to walk down the street to this particular property at
this particular time, and I think that' s more like 20 years from
now. when that property will be used strictly for business. It
is primarily in the heart of town and it' s beautifully suited for
a. two-family dwelling. There is a need for this type of housing
in the town. ' I think the town is appreciating that, and I believe
it should be granted for that. reason. Again, the structure of
the district,:-:-they'existing structure is not suitable for a business
at this particular time. Now there are practical difficulties.
Basically, the.. Youngs .own the house. They wanted, if you denied
it, what they would .be able to do would be to rent it, and it .
could only be rented for a one-family dwelling. With respect to
reasonable return, I notice the Board requires certain information.
Do you want that by sworn testimony and witnesses, or will you
take my statements as it exists right now from the floor? I can
give you the cost of the building, various maintenance costs,. and
things- like that.
MR. CHAIRMAN: It' s a good question, Counsel, because our
Chairman isn't here. I don' t know what to suggest. Do you want
to swear him in, Bob?
MEMBER DOUGLASS : I don't. Let him give what his information
is and then let him give it to us in writing.
MR. CHAIRMAN: Why don't you just give us your information
tonight, and when you have the additional information, we' ll--
•
Southold Town Board of Appeals -7- May 14, i981
(Alfred Young., Appeal No. 2820 continued: )
MR. BRUER: Well, I can - give you certain information from my
own knowledge having represented some of the parties in this
transaction from the point where the Youngs. bought the property.
I . represented the seller at that time, the Estate of Helen Linton.
I know that .the property was sold for. $60 ,000. I know for a
fact that there .is a $20 ,000 mortgage. I know for a fact that
the interest payments at this particular year run $2 ,000 a year.
I know for a fact that the --
MRS. YOUNG: A year is too long to wait. I'm getting old.
MR. BRUER: That's Mrs. Young. Insurance is --
MRS. YOUNG: I am.
MR. BRUER: $39.8 .a:..year. The taxes .in 1980-81 were approxi-
mately°$1,00.0 , a little bit over. I know for a fact that the
1979-80 taxes were $938 I: think. I don' t. know what their fuel
bill for that would be. I don't know what the other repairs are
but if you add all this up, and the maximum amount of return that
you could probably obtain on this building is approximately $350
a month for a one-family dwelling. You have a zero or minus
return. You lost money. You should .be using this as a business,
saying to these people, they got a business, their business is
losing money. As a two-family dwelling, you can double that,
or $700 a month, and that makes sense. The uniqueness of the
situation is that. you have a one-family dwelling in an area . that' s
primarily two-family dwellings in a business. zone. You're not
going to change the character of the neighborhood because all
but one I think and maybe that' s not even true, all but one of
the buildings in that - street are two-family.. You go .through Main
Street to the Grange to the railroad tracks.. And adjoining this
property is you read in your notice Southold Equities which I
think is a business, not business-but I think are looking for
a multiple use, and then there.' s the Traveler. So .I don't think
it' s unreasonable.- for the request that' s been made here. Thank
you. . Oh, excuse me. I believe you also. have. as part of the
record, I think plans of the proposed alterations?
MR. CHAIRMAN: Yes, I was just going to say that we do have
the plans of the second floor. Is there -anybody else that would
like to speak on. behalf of this application? Yes, Mrs. Young?
MRS. YOUNG: A year is too long to wait. I mean I work for
a living, and I have to make ..judgments like this, and we've waited
- a whole year for this decision. . And I think it' s too long. I
hope I:'m not out of order. I think a year is too long to wait.
MR. CHAIRMAN: I don' t know what you mean by"a year" .
MR. YOUNG: It hasn't been applied for, Audrey.
MR. CHAIRMAN : This is the first initial- part of the application.
Southold Town Board of Appeals -8- May 14 , s981
MRS. YOUNG: You're right, Alfred. I forgot about that.
The other one waited a year.
MR. CHAIRMAN: It has been approximately a month or so.
MRS. YOUNG: I mean, you know. A decision:�.is a decision,
and I have to make them daily.. I can't go . to the office and
say, "Well, let me wait a. year and tell you--" I don' t mean
out -of- .order, but I just would appreciate an answer.
MR. CHAIRMAN: I don't think you're out of order. I
understand what you're saying. You're very welcome to say
what you would like.
MRS. YOUNG: Money is money.
MR—YOUNG: May I say. something in my own behalf?
MR. CHAIRMAN : Certainly.
MR. YOUNG: I'm Alfred T. Young. My wife and I bought
the house. Our intention is to .eventually live in the first
floor, and if.-you grant the two -family we' ll rent the upper
floor. It' s a very nice house, built in 1910. It raised
in it 12 . children of the Dickerson Family. You cannot raise
a. 12-children family these days. So a one-family house
is not what that house is . going to be used for in the future.
So if we make it a two family, if it' s granted, eventually
we ' ll sell the house that we' re in and yes we' ll move in there
and we' ll rent the upstairs. Another apartment in town is
needed. Many people- are looking. The expense to rent it as
a one-family house, as attorney..Bruer said., would not bring in
enough money to .support that building. The heat. alone in a
big house like that . goes right up through the roof the way it
was constructed. .. With a reconstruction into two family, it
will prevent a lot of heat from going out the roof by making
a two-family situation. And basically. that' s the plan that
we have. And that' s the purpose of buying the building, and
yes, it is a commercial area now but I dare .say in our lifetime,
we 're not gbing .to see any business basically on that street.
And the next good use for that property from .a one-family area
is into a multiple dwelling. A two-family situation. Eventually
it will be business. Again, I doubt whether we're going to
see it in our age of time. So our reques.t .is to try and put
it into two family, use the first floor, rent' the second floor,
and continue from there. And I dare say the construction that
we put into the house we've put some into the first floor area
and have improved it considerably. We would like- your considera-
tion to make it two family and get the apartment made upstairs.
MR. CHAIRMAN: Thank you. I would just like to say Mr. Young
that there is a committee being formed between the Planning Board
and the Zoning Board, and we are going to study this particular
problem. The situation is such that we have not actively met. We
are .in the process of meeting on zoning code revisions at this
Southold Town Board of Appeals -9- May lam , 1981
particular time. Mr. Douglass. is .:th-e..member on the committee
and I'm the alternate of that committee. I can't tell you when
we will meet, but it would not have any affect upon our decision
here based upon. what .happens there, but we are perfectly aware
of what' s. going on and what the town is presently in need of in
reference to rental .units. Thank you.
MRS. YOUNG: Can. I ask .you one thing. If the whole block.
is two family, why does there have to be consideration of another
family being two-family? I don' t understand. If the whole block
is two family, I mean-- am I making myself clear?
MR. CHAIRMAN: Yes, you area The bulk schedule as we deal
with it basically states, Mrs.. Young, that you are supposed to
have 80 ,000 square .feet of land to denote a two-family house in
Southold Town.
MRS. YOUNG: I can't have a decision tonight, because I
have to make up my mind?
MR. CHAIRMAN: I can't tell you that.
MRS. YOUNG: You can't give me a decision tonight?
MR.. CHAIRMAN: I can't give you a decision now., and I can' t
tell you. what will happen later when we go into recessed decisions,
or deliberations, executive session.. All I can .do is tell you
to call the Town Hall tomorrow morning.
MRS.YOUNG: There' s no way of getting a decision? I can't
wait forever.
MR. CHAIRMAN: Does anybody else wish to speak . on behalf of
this application? Does anybody like to speak against the appli-
cation? Anybody on the Board like to say anything? (Negative)
Hearing no further testimony, I would like to close. the hearing
and reserve ..decis.ion until a later date.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it
was
RESOLVED, to close the hearing and reserve decision until
a later. date.
Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goeh-
ringer and Sawicki. (Member Grigonis. was absent. )
Southold Town Boara of Appeals -10- . May 14 , 1981
PUBLIC HEARING: Appeal No. 2.821. Application of Peter and
Helen Puric, 1250 Second Street, New Suffolk, .NY for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to
construct addition to dwelling with an insufficient rearyard set-
back at 1250 Second Street, New Suffolk, NY; bounded north by
Capaldo; west by private right-of-way; south by Victoria; east by
Kinirsky; County Tax Map Item No. 1000-117-7-23.
The Acting Chairman opened the hearing at approximately 8 :00
o' clock p.m. , read the appeal application in. its entirety and
related documents , legal notice of hearing and noting affidavits
attesting to publication. .in both the-.local and official news-
papers, Notice of Disapproval from the Building Inspector, and
letter from the Town Clerk that notification to adjoining
property owners was made; fee paid $15. 00 .
ACTING. CHAIRMAN (Goehringer) : Is there anyone that would
like to speak in behalf .of this application?
RUDOLPH H. BRUER, ESQ. : Yes, Rudolph Bruer on behalf of the
applicants. Again. we have a situation where we have a developed
area that was developed prior to the zoning ordinance, the res-
trictions on the size of lots that we are trying to overcome in
this particular application. What the applicant really wants to
do is to square off that building, go out beyond where it' s
jaggered,, if you have that survey, go out there an additional
six feet and then attach a 10-foot deck. That would leave
approximately 29 ' rearyard which is I think more than sufficient
for the area. I think it' s a reasonable request. The building
was originally constructed to be a summer-type use. The present
applicant has spent a lot of money fixing up what' s there
already, and he' s creating a more permanent-type structure
although the building seems to have been there forever. The
addition would be a, I think, aesthetically nice for the neigh-
borhood and would help the applicant, the living quarters, and
would help the residents and the town. And we respectfully
request that you grant-'.this application because I think it' s
very reasonable.
ACTING CHAIRMAN (Goehringer) : Mr. Bruer, can I ask you
two questions?
MR. BRUER: Sure.
ACTING CHAIRMAN (Goehringer) : We received something from
Ronnie' s Home Improvements on May 12th. The application reads
that the rearyard will be 29 feet, and the sketch that came
from the home improvement company reads 45 feet. Secondly, the
sketch that we have in the file that was given to us when the
application was filed shows the sideyard on the south of approxi-
mately two feet, and again this sketch that Ronnie' s Home Improve-
ments gave us shows three feet.
✓ MR. BRUER: I guess his ruler and Mr. VanTuyl' s are a little
Southold Town Boara of Appeals -11- May 14, 1981
(Appeal No. 2821 - Peter and Helen Puric)
different, but, regarding Ronnie' s sketch, I think there' s a
second page to it, which then shows the addition which would
then show a backyard of 37 feet and that doesn' t take into
consideration the depth.
ACTING CHAIRMAN (Goehringer) : I see.
MR. BRUER: That would come .pretty much with my line. I
can't explain the three-foot sideyard.
ACTING CHAIRMAN (Goehringer) : Would you let us know about
that, what the actual sideyard is--
MR. BRUER: I would assume Mr. VanTuyl is correct. But,
as it goes on there, maybe his intention, as he builds on
there , it would come out three feet from the line because
Mr. VanTuyl ' s survey is as of-the existing building. Now his
line of the projected construction probably will make it . three
feet from the line. I think that' s what he means.
ACTING CHAIRMAN: . Would you let us know? The reason why
this is such a critical question .is because if you see the
property on .the .south line is a chainlink fence which runs
parallel to the house and actually stops at the house, and
indicating when we down there doing the inspection, the
property owner to the. south came over and he very simply
said, . "That' s where the monument is. " And I don't think
he knows where the monument is. I don' t think anybody to
date knows where the monument is. The chainlink fence appears
to be on this property. So --
MR. BRUER: Well, the survey that you haige there is dated
October of 1980 . It' s a guaranteed survey by Mr. VanTuyl . for
the Purics and also as you can see guaranteed to the title
company, so .I would--
ACTING CHAIRMAN: May I see yours? We have a.._poor copy.
MR. BRUER: You can have that if you want it.
ACTING CHAIRMAN: Oh, yes, that' s much better.
MR. BRUER: Sorry about that.
ACTING CHAIRMAN: No, "that's all right.
MR. BRUER: But that' s the line and it' s on--
ACTING CHAIRMAN: This looked like a 1930 sketch.
MR. BRUER: It must be my copier.
ACTING CHAIRMAN: This shows two feet.
Southold Town Board of Appeals -12- May 14 , 1981
(Appeal No. 2821 - Peter and Helen Puric)
MR. BRUER: I think the fence is definitely on our line.
That 's a current survey if I might point out.
ACTING CHAIRMAN: Yes. I couldn' t read the other.
MR. BRUER: I ' ll leave that for your file.
ACTING CHAIRMAN: Could you also Ronnie to come in and .
amend this portion in the back here indicating the deck on .
the rear of the addition? He' s not: showing the deck which
reduces it down to the 29 feet.
MR. BRUER: Ok.
ACTING CHAIRMAN: Is there anybody else that would like
to speak in behalf of this application? . Is there anybody
that would like to speak against the application? (None)
Does anybody have anything to say on this board?. (None)
Hearing no further testimony or discussion, I' ll make a
motion to reserve decision until a later date. Thank you.
On motion by Mr. Goehringer, seconded - by Mr. Doyen, it was
RESOLVED, to close the hearing and reserve decision in the
matter of the application of Peter and Helen Puric , Appeal
No. 2821.
Vote of the Board: Ayes.: Messrs. Douglass, Doyen, Sawicki
and Goehringer. (Mr. Grigonis was absent. )
The Chairman called a-,-.recess at 8:12 p.m. The Chairman
reconvened the meeting at approximately 8 :17 p.m.
PUBLIC HEARING: Appeal No. 2825. Application of Wilhelm
Franken, 75 Carroll . Street, Brooklyn, NY 11231 for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-32 for permission
to build garage in the front, side and rear yard areas at
830 Tarpon Drive, Greenport, NY; bounded north by Starkie;
west by Reese; south by Weismann; east by. Southold Shores
Association; County Tax Map No. 1000-57-1-8 and 9.
Acting Chairman Goehringer opened the hearing at approxi-
mately 8 :19 o' clock p.m. , read the legal notice of hearing,
appeal application, notice of disapproval, and related docu-
ments pertaining to this hearing.
ACTING CHAIRMAN GOEHRINGER: We have a copy of the survey
, indicating the proposed garage which lies approximately 50 feet
from Tarpon Drive and approximately 15 feet from the sideyard
Southold Town Board of Appeals -13- May 14', 1981
r
(Appeal No. 2825 - Wilhelm Franken)
and a copy of the County Tax Map indicating this property and
the surrounding properties. Does anybody wish to speak in
behalf of this application?
HENRY WEISSMAN.: Chairman. and members of the board. My
name is Henry Weissman and I am, and my wife, the only people
who would be affected by this application. We live immediately
to the, I thought it was, the east but apparently it' s the
south .of the premises in quesion. We feel . that the proposed
structure, construction of this garage, will in no way adverse-
ly affect our property nor our enjoyment of. our property, nor
out tranquility in living there. As a matter of fact Mr.
Franken stopped by this morning to advise me that would be
unable to attend this meeting, so at his behest I am here and
for the purpose of asking this Board to -act favorably upon his
application and grant it. If you have any questions , we will
be perfectly happy to answer them.
ACTING CHAIRMAN GOEHRINGER: Would anyone else like to
speak in behalf of this application? Anybody like to speak
against it? (None) Do any of you fellows have any questions?
Hearing no further questions, I' ll make a motion approving
this application as applied for.
MEMBER SAWICKI. Second.
(The findings and determination .of the board are continued
on the next page. )
Southold Town Board of Appeals -14- May 14, 1981
DECISION: Appeal No. 2825. Application of Wilhelm
Franken, 75 Carroll Street, Brooklyn, .NY. 11231 for a Variance to the
zoning Ordinance, Art. III, Sec . 100-32 for permission to build
garage in the front, side and rear yard areas at 830 Tarpon Drive,
Greenport, NY; bounded north by Starkie; west by Reese; south by
Weismann; east by Southold Shores Association; County Tax Map Item
Nos. 1000-57-1- 8 and 9 .
After investigation and personal inspection, the Board finds
and determines as follows :
By this appeal, appellant seeks permission to construct a
24 ' by 24 ' detached garage -in .the: .frontyar.d:.area::; 50 ' from the
front property line, and in the sideyard area, 15 ' from the easterly
sideyard line. The premises in question is 19,867 square feet in
area and immediately abuts Southold Shores Subdivision Lot #38 also
owned by the appellant and -his wife (containing area of approxi-
mately 22 ,000 square feet) . Existing on Subdivision Lot #37, the
subject portion, is a one-family wood framed dwelling. Constructed
along the rear property line is a substantial bulkhead the full
length of the premises.
The Board finds that the relief requested is not substantial
in relation to the Code requirements ; that the relief requested is
within the spirit of the zoning ordinance; that the variance if
granted will not change the character of the neighborhood; that
no adverse effect will be produced on available governmental facil-
ities of any increased population; that the hardship or practical
difficulty is unique; and that the interests of justice will be
served by granting the requested relief.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Wilhelm Franken be granted a variance to the
zoning ordinance, Art. III, Sec. 100-32 as applied for in Appeal
No. 2825 to construct detached garage in the front and sideyard
area.
Location of Property: 830 Tarpon Drive, Greenport, NY;
bounded north by Starkie, west by Reese, south by Weisman, east
by Southold Shores Association. County Tax Map Item No. 1000-57-
1-8 and 9.
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Sawicki
and Goehringer. (Mr. Grigonis was absent. )
R Southold Town Board of Appeals -15- May 14 , 1981
PUBLIC HEARING: Appeal No. 2822. Application of David
Strong, Box 1033, Mattituck, NY for a Special Exception to
the Zoning Ordinance, Art. V.I, Sec. 100-60C (2) (a) for permis-
sion to erect sign with insufficient front and side yard
setbacks at 11455 Main Road, Mattituck, NY; bounded north
by Van Ryswyk and O'Neil;.. east .by Mileska; south by S.R. 25;
west by . Burgon; County .Tax Map Item No. 1000-142-2-17.
The Acting Chairman opened the hearing at approximately
8: 26 o' clock p.m.. , read the appeal application., notice of
hearing, notice of disapproval and related documents pertain-
ing to this appeal.
ACTING CHAIRMAN GOEHRINGER: We have a copy of the building
permit indicating where the sign is to be placed. And we have
a county tax map indicating this property and the surrounding
properties in the area. Does anybody wish to speak in behalf
of this application?
DAVID STRONG: Yes, I 'm David Strong, your best customer
here. It was our understanding when we first went before the
Planning Board, we went to them and we laid this out for them.
There was an existing sign there that has been changed many
times , the last one was called "The Black Oak Restaurant. "
That sign we have since cut down to 4 ' by 4 ' post, was where
we were going to place our existing sign which is directly
. across the street. We got permission to put the boat in the
front and we were trying to do this as I am sure you are all
aware, nice, and -we spent a lot of money on the front, and so
I asked Mr. Hindermann, and I said, "You know all I want to
do is move the sign across the street. " And the Planning Board
came down and said, "We don't want to block .the access to this. "
The sign, we checked it with the car to drive under it and .you
can see when you go out, .it is high enough,. I am sure so that
you can :see when you're sitting in the car. They said, "Well
you can't .do this because it doesn't meet the requirements. "
Well, that sign has been there I don' t know how -many years,
and I 've been there 15 years, the existing sign. I must agree
if. I measured- it,..-it doesn't meet the requirements. I'm not
arguing that. I just feel very frustrated by this. We tried
to do it .right. The only way we could put that sign was in
this location because that would place it off to the east of
the blacktop road, which we're trying to maintain as an .entrance
and an exit. That side happens to be the entrance. The only
other location to place the sign and meet the requirements would
be to put it in front of the building, which could be done.
But when we .originally went to the Planning- Board and we laid
this all out, and they approved for us to use that area for the
display of boats, and of course we have been, you know, to you
people for that. And that came to everybody' s approval and we
met that. And then when -- all I can say is I . really just don't
know what to say. You know, we tried to meet these requirements.
✓ There is no other way that we can do it but to erect the sign in
Southold Town Boara of Appeals -16- May 14 , 1981
(Appeal No. 2822 - David Strong)
the position of where the Black Oak sign is. The only other
place we could place we could put the sign would be on the
other end of the property where the oak trees are, and -.those
are the oak trees that have been there for years. The neighbor
to the east, he wishes, you .know, if I'm going to cut them
down then cut them down, but they're really nice oak trees and
I would hate to do it. So I would like to see this approved
because once again I feel it' s the only way we can do it
aesthetically nice.
ACTING CHAIRMAN GOEHRINGER: Can you tell me how big the
sign is?
MR. STRONG: Well, it' s right across the street. It' s,
that sign has been approved by the town. I don' t know the
exact measurements, but the permit #387 or whatever it is.
It' s listed there. The sign was approved to a maximum limit
of the town, I believe that was 5 by 6.
ACTING CHAIRMAN GOEHRINGER: 4 ' by 61 .
MR. STRONG: All right. 4 ' by 61 . That' s what, it' s
actually a little bit less than that. The sign is the maximum
height up and we did that before because at Lindsay' s, people
come in that road too and they want to be able to see so you
don't smack into somebody. And that' s all our intent to pick
that sign up physically and put it where that Black Oak, those
two 4 by 4 ' s, that Black Oak sign was. That's really what we
have in mind.
ACTING CHAIRMAN GOEHRINGER: Is there anybody that would
like to speak in behalf of this application? Anybody else?
Anybody to speak against the application? Any of you gentle-
men have any questions? . (None) Hearing no further questions,
I make a motion to reserve decision until some time later
today, and I think you, Mr. Strong, for coming in again.
On motion by Mr. Goehringer, seconded by Mr. Doyen, it was
RESOLVED, to close the hearing and reserve decision until
a little later today in .the matter of Appeal No. 2822, appli-
cation -of David Strong.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer and Sawicki. (Member Grigonis was absent. )
4
Southold Town Board c_ Appeals -17- Ma_. A, 1981
PUBLIC HEARING: Appeal No. 2817. Application of Stephen J.
Kmetz, Jr. , 652 Village Drive, Hauppauge, NY 11788 for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-31 to ..-construct dwell-
ing at 550 Greenway West, Orient, NY;. bounded north by McCoughlin;
west by Greenway West; south by Eufemia; east by Stuke; County
Tax Map Item No. 1000-15-1-19.
The Chairman opened the hearing at approximately 8 :33 p.m. ,
and read the legal notice of hearing in its entirety and appeal
application, and letters of objection concerning this application.
MR. ACTING CHAIRMAN . (GOEHRINGER) : We have a copy of a survey
which indicates that the applicant is asking for a 42 ' setback
from Greenway West, that is a frontyard setback; and a 35' setback
for rearyard. And we have a copy of the tax map showing this
property and the surrounding properties in the area. Would anybody
like to speak in favor of this application?
STEPHAN J. KMETZ: Good evening. . I am Mr. Kmetz. The .Associa-
tion I belong to, one of their restrictions is that I have to stay
25 foot off .the side line. Originally when the builder got the
permit, it was put on the 11-foot line, which is in direct violation
with the Association. So what I am asking is for you people in
relaxing the rearyard and the frontyard. Most of the homes there
now .are 40 feet from the street. I don't know what else to say.
I hope you approve it because. I was going to retire and spend the
rest of my few years out there. Well, anyway, that' s it -- I
really don' t know what else to say. But the property itself, it' s
most irregular--the west is 181 feet west. South is 113 feet.
East, I think it runs 167. North is 119. So it' s sort of a
crooked rectangular shape, and at the time I was looking- at the
property, it didn't look crooked to me. I thank you for your time.
MR. ACTING CHAIRMAN: Does anyone else wish to speak in favor
of the application? (None) Mr. Douglass would like to ask you a
question, Mr. Kmetz.
MEMBER DOUGLASS: Is there covenants on that area?
MR. KMETZ: Yes. You see, originally you. people gave me an
11 ' sideline, and that' s where .I ran .into a little difficulty.
It' s here, either the second or third paragraph down.
( . . . 5. . . . Any structures constructed on any lot shall be set
back 40 feet from the front property line and 25 feet from
the side line. . . . ) Declaration of Covenants and Restrictions
Dated the 31s.t Day of December 1977 by Petty' s Bight Assn. , Inc.
MRS. SOPHIE GRANLIKE: We really don' t know what is going on
here--
ACTING CHAIRMAN: Could we have your name?
MRS . GRANLIKE: Sophie Granlike. I 'm in the area, I'm down
directly across from him.
Southold Town Board of Appeals -18- May 14 , 1981
(Appeal No. 2817 - Stephen J. .Kmetz continued: )
ACTING CHAIRMAN: Would you like to use the mike? We have to
get used to using the mike because a lot of people -- we. don't
know who is who during the hearing, and this has to all be put
down on paper.
MRS. GRANLIKE: Ok. I'm Sophie Granlike. I 'm a neighbor
of Mr. Kmetz , and he' s directly across from me. Now I don' t
know what' s going on here. We have restrictions in our area for
all the homeowners there, which we have a setback of 40 feet
from the front property line, a 40-foot setback and 25 feet
side line, and each and everyone in there has built a home
accordingly. I mean they've accommodated the house to the lot,
let' s say, that .is within our restrictions.
ACTING CHAIRMAN: If .you'd Like to nook at this application,
you are very welcome to look at it. It appears that he is look-
ing for a frontyard setback of 42 feet.
MRS . GRANLIKE : But our restrictions are 40 feet, so it' s
right within that. What are the sidelines?
ACTING CHAIRMAN: 30 and 53.
MRS. GRANLIKE : Would there be any problems now, because
adjoining properties like mine, probably like cesspools and
wells--no problems there--Board of Health all right, where
they ' ll be set up?
ACTING CHAIRMAN: The Board of Health requires 100 feet
between well and cesspools. We, of course,' can't make that
determination. But the lot is 181 feet on the road, so it
appears that --
MRS. . GRANLIKE: Well it is on the lot--
ACTING CHAIRMAN: Yes. Is there anything else that you would
like to look at? Would you like to look at the .application?
MRS. GRANLIKE: I'm not an officer of Petty, I'm .just a
property owner in there. Mr. Smith. is an officer of Petty' s
Bight Association that we have in there. So I think Mr. Smith
would be the one having to look at it, but he wouldn't --
(remainder of statement not audible) . He ' s rather have others
in on it also, the other officers. Thank you.
MR. SMITH: One point I would like to make, the home as I see
it now would be 42 feet from the road, 45 feet in from each side,
I mean they would have about 35 feet in the back instead of 50 ,
and is 50 feet a town rule?
ACTING CHAIRMAN: For a frontyard. And rearyard.
MR. SMITH: For a front and rear it should be 50?
Southold Town Board or Appeals -19- May 14, 1981
(Appeal No. 2817 - Stephen J. Kmetz , continued: )
ACTING CHAIRMAN: That' s correct, sir.
MRS.. GRANLIKE: When did this 50-feet setback go in, because we
have our own restrictions in there also, and all the houses in
there have been going according to that?
ACTING CHAIRMAN: Several years ago.
MRS. GRANLIKE: Well , although. we 've been -- when . is that, 1962 ,
I think the map..was--
ACTING CHAIRMAN: When I say several, I mean, four, five.
MRS. GRANLIKE: So let' s say we were in existence before you--
ACTING CHAIRMAN: Well, Southold Town was in existence.
MRS. GRANLIKE : Yes, I .know, but the restrictions for a 50-foot
setback.
ACTING CHAIRMAN: That' s correct.
MEMBER DOUGLASS: I would like to ask a question, are you--
Mrs. Granlike, are you still one of the enforcing officers of this
association?
MRS. GRANLIKE: No, it ended in 1978 , our -- Now it' s done by
the association. Right.
MEMBER DOUGLASS: Your regulations--
MRS. GRANLIKE : They picked it up and they have set up a new
set of rulings, but it is, they are recorded.
MEMBER DOUGLASS : They come ahead of our zoning, if they are
stronger.. However, . I just want to say this. If one party changes
those regulations, makes a change in those regulations without the
authority of your. association, these will be damaged.
MRS. GRANLIKE : That' s right. It would be.
MEMBER DOUGLASS: Now yours are stronger than ours right now,
on some of this stuff. Sideyard and things. They precede ours.
MRS. GRANLIKE: So, actually if you don' t let this here go,
to the 42 setback and you're requiring the 50, and if .you make him
put it to 50, well he just can't put up his house because he would-
n't have sufficient backyard or whatever.
MEMBER DOUGLASS : Well, he has to meet your standards where
they are stronger than the town' s. Where the town' s are stronger.,
he would have to meet the town' s or get a variance on the town' s.
So I just wanted to bring that out because when you have your own
Southold Town Board of Appeals -20- May-A , 1981
(Appeal No. 2817 - Stephen J. Kmetz, continued: )
MEMBER DOUGLASS continued:
covenants, changes in it to one eliminate the control on the
balance of your property.
MRS.. GRANLIKE: Right. And the area looks the way it does
because of our restrictions. I. mean nothing is haphazard there.
MEMBER DOUGLASS: He needs to get your permission, or whatever,
along with ours.
MRS. GRANLIKE.: That' s right. Yes.
MEMBER DOUGLASS : May we keep this so that we make a. photo-
static copy of it to put with the application, . and then we' ll
mail it back to you.
MR. . SMITH: Certainly. Would your objection be on the back,
or the front, or both?
MEMBER DOUGLASS: . I don't know whether we'd have any objections,
but I'm saying that he has to get your permission.
ACTING CHAIRMAN: Do you have any other questions, gentlemen?
MR. KMETZ: I. don't see the problem here. I got a letter from
the association, saw over my plans, and gave me the go ahead to
build the house. If you can go on the 40 front, 25 side, I don't
see what the problem is. here.
ACTING CHAIRMAN: I really don' t think there is any problem,.
here. I can 't speak for the board, but I.'don't think there is.
Ladies and gentlemen, may I continue? Ok fine. . Is there anybody
else that. would like to speak in favor of this application? (None)
Anybody against? (None) Hearing no further questions, I'd like
to make a motion reserving this decision until a later date.
MEMBER SAWICKI. Second.
On motion by Mr. Goehringer, seconded .by .Mr. Sawicki., it was
RESOLVED, to close the hearing and reserve decision until a
later .date in .the matter of Appeal No. 2817, application of
Stephan J. Kmetz.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer
and Sawicki. (member Grigonis was absent. )
PUBLIC HEARING: Appeal No. 2803 . Application of Agnes Dunn,
276 Concord Drive, Hereford, PA 18056 for a .Variance to the Zoning
Ordinance, Arta III, Sec. 100-31 for approval of insufficient area
of two parcels and insufficient road frontage of one parcel,
Southold Town Board of Appeals -21- May 14 , 1981
i
(Appeal No. 2803 - Agnes Dunn, continued: )
located at the easterly side of Queen Street, Greenport, NY;
bounded north by C.R. 48; west b Queen Street; south by Malin-
auskas; east by Conklin; County Tax Map Item No. 1000-40-3- .
9. 2 and 9. 1.
The. Acting Chairman opened the hearing at approximately
8 :49 p.m: , and read the legal notice of hearing in its entirety,
and .appeal .application.
ACTING CHAIRMAN GOEHRINGER: I would like to open the hear-
ing and indicate - that I have a .letter from Mrs. Dunn, which I
will read, and together with that letter is a copy of an updated
survey dated May 5, 1981. The letter reads as follows :
. . .Mr. Charles Grigonis, Jr. , Chairman. . .
RE: Your letter dated 4/27/81, Appeal No. 2803.
Per our .conversation, the six copies of my updated survey
was delivered to the office of the Board of Appeals 5/6/81.
The preexisting parcel in question was split according to
the same premises conveyed to my father, Ignas Malinauskas,
by Sarah E. Conklin by deed dated 11/2/23, recorded in the
office of the . Suffolk County Clerk on November 5 , 1923, in
Liber 1081 of Deeds, page 516 . It was then taxed under one
ownership.
Should it be necessary for additional footage to clarify
the zoning variance, my brother has consented to allow some,
depending how much would be needed to complete the appeal.
This in turn would then involve a new survey, deed and tax
status. Would these be automatically resolved through the
County records. Trusting the updated survey has met the
requirements.
Yours truly,
/s/ Mrs. Agnes Dunn. . . .
Is there anybody here that would like to say anything about the
application at all? (None)
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing. and reserve decision in the
matter of Appeal No. 2803, application of Agnes Dunn.
Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer
and Sawicki. (Member Grigonis was absent. )
Southold Town Board of Appeals May 14 , 1981
_22-
PUBLIC HEARING: Appeal No. 2818 . Application of Herbert W.
Davids , by. Stanley S. `Corwin, Esq. , 634 First Street, Greenport,
NY for 'a Variance to the "Zoning Ordinance, Article III, Section
100-31 for approval of insufficient area and width of three pro-
posed parcels known as' Seawood. Acres Subdivision Lots No. 25 ,
26 and 27, Filed Map No. 2575; bounded north and west by Reese;
south by McDermott; east by Seawood Drive; County Tax Map Item
No. 1000-79-7-64 , 65 and 66 .
The Acting Chairman opened the hearing at approximately 8 :55
p.m. , read the appeal application and related appeal documents ,
legal notice of hearing and noting the affidavits of publication
in both the local and official newspapers, Notice of Disapproval
from the Building Inspector, letter from the. Town Clerk that
notification to adjoining property owners was made; fee paid
$15 . 00 .
MR. CHAIRMAN: We have a copy of the survey indicating Lots
1, 2 and 3 which are Lots 25, 26 and 27 of Seawood Acres. We
also have a map of the surrounding property and this property
on. the tax map. Is there anybody that would like to speak:'..in
favor of this application?
HERBERT DAVIDS : Mr. Chairman, Members of the Board, my name
is Herbert Davids. What, .I would like .to..�.say is,. that. when we
bought the property back in 1967, the two lots were for sale,
as, you know, separate sale. We bought them as a matter of
protection for ourselves and privacy while the children were
growing and investment later. And now it' s later and .the time
has come to, you know, we would like to sell the lots and I
would like to point out that I don' t have anything more to add
essentially to the application except that Mr. Sherwood in the.
Assessors' Office. indicates that all the lots on Seawood Drive
are in single and separate ownership. Thank you.
MR. CHAIRMAN: Thank you. Is there anybody else that -would
like to .speak in behalf of this application? Does anybody wish
to. speak against the application? Do any members of the Board
have any questions? (Negative) Hearing no further questions,
I' ll offer a resolution closing the hearing and reserve decision
until a later date.
MEMBER DOYEN: Second.
On .motion by Mr. Goehringer, seconded by Mr. Doyen, it was
RESOLVED, to close the hearing and reserve decision until a
later date, in the matter of Herbert W. Davids, . Appeal No. 2818 .
Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goeh-
ringer and Sawicki. (Member Grigonis was absent. )
J
Southold Town Board of Appeals -23- May 14 , 1981
PUBLIC HEARING: Appeal No. 2824. Application of Robert
Ketcham, Box 295, East Marion, NY for a Variance to the Zoning
Ordinance , Art. VI, Section 100-6OC (2) (a) for permission to
erect off-premises advertising sign at 6800 Main Road, Greenport,
NY; bounded north by S.R. 25; west by Dobek; south by Cowan;
east by Pekunka and Keefee; County Tax Map Item No. 1000-53-
. 2-15. 001.
The Acting Chairman opened the hearing at approximately
9 :00 p.m. , and read the legal notice of hearing in its entirety ,
and appeal application.
ACTING CHAIRMAN GOEHRINGER: We have a written consent from
the property owner, Joseph Schoenstein for the applicant to
erect this 4 '.. by 6 ' sign. We have a sketch of where the sign
is to be located .and .a copy of the tax map indicating the area
in which the sign is to be located. Is there anybody that
wishes to speak in behalf of this application?
BOB. KETCHAM: What indeed do I say. I just .presented to
you as written. Mr. Claudio asked me to make a sign for him,
and I said it was an off-premises sign, so it is all written
down.
ACTING CHAIRMAN: May I have your name?
MR. KETCHAM: Robert Ketcham, Jr. Excuse me, I just got
through work.
ACTING CHAIRMAN: No problem. So did I.
MR. KETCHAM: I thought I did everything correctly, and I
thought it was correct to like, have an off-premises sign for
Mr. Claudio' s Restaurant. It was agreed to by the fellow who
owns the property.
ACTING CHAIRMAN: Thank you very much. Does anybody wish
to speak against this application? (None) Hearing no further
comments, I' ll offer a resolution to close the hearing and
reserve the decision until a later date.
On motion by Mr. Goehringer, seconded .by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Appeal No. 2824 , application of Robert Ketcham, Jr.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer
and Sawicki. (Member Grigonis was absent. )
1
Southold Town Board of Appeals -24- May 14, 1981
On motion . by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, to approve the minutes of the March 12, 1981 Regular
Meeting �of this board.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer and Sawicki. (Mr. Grigonis was .absent. )
On motion by Mr. Douglass , seconded by Mr. Sawicki, it was
RESOLVED, to approve the minutes of the March 28 , 1981 Special
Meeting of this board.
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goeh-
ringer and Sawicki. (Mr.. Grigonis was absent. )
On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was
RESOLVED, to approve the minutes of the March 5, 1981 Regular
Meeting of this board.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer and Sawicki. (Mr. Grigonis was absent. )
PUBLIC HEARING: Appeal No. 2823. Application of Peter Stouten-
burgh .as agent for Perrie Pascucci, 30.75 Indian .Neck Lane, Peconic,
NY 11958, for a Variance to the Zoning Ordinance, Art. III, Sec.
100-31 for permission to construct dwelling with an insufficient
rearyard setback at 305 Narrow River- Road (and King Street) , Orient,
NY; bounded north by Tannenbaum; west by Matthews; south by Harbor
Road; east _by King Street; County Tax Map Parcel No. 1000-26-3-11.
The Acting Chairman opened the hearing at approximately 9: 24
p.m. , and read the legal notice of hearing in its entirety and
appeal application.
ACTING CHAIRMAN GOEHRINGER: We have a copy of a sketch showing
this eight-sided structure and indicating the setbacks which appear
to be 50 feet on both roads, with rearyards of approximately 15
feet to the north, and it says minimum sideyards on the -- revise
that, it' s 162 feet on the north and 82 feet .on the west. We also
have a copy of the County Tax Map showing this property and all the
surrounding properties in the area. Does anybody have anything to
say in favor of this application?
Southold Town Board of Appeals -25- May- 14, 1981
(Appeal No. 2823 - Perrie Pascucci, continued: )
PETER STOUTENBURGH: Thank you. My name is Peter Stoutenburgh
and I 'm the one who filed the application. It is a relatively
small lot, figured by today' s standards of the zoning, and what
we are trying to do --perhaps someone on the board might have a
better suggestion. We are locating the house as we set it best,
trying to hold what we feel the residents in the area and to the
public, the setback from. the road being the most important.. The
lot is barely more than 100 feet in depth in either direction,
and with a frontyard requirement of 50 feet and -50 feet in the
rearyard, it doesn't leave you a lot of room to set any type of
dwelling. The Health .Department of the County needs to know a
very close, in fact what they would like is a survey from a
certified individual with an exact location and this location
is what we came up with. We're concerned about the residents
on .both sides , being able. to maintain the view that they had
always had out across the wetlands and of course the Bay. And
we tried to hold the dwelling back as far as. we could and that
fell right on the 50 foot setback from both. roads . I am sure
that the individuals on the board have been out. to. the location.
And I believe it was staked, although not by us but by the
original surveyors. So it' s pretty adamant where we're asking
to do .this. I think that' s . about -.all I have to say at the moment.
ACTING CHAIRMAN GOEHRINGER: Ok. I 'd .like to read a couple
of letters into the record, just one letter, from the Suffolk
County Department of Health Services to Mr. Charles Grigonis, Jr.
. . .We are in receipt of your letter dated May 4 , 1981 concern-
ing the above.
. Information available to this Department indicates that there
is a limited aroundwater. supply which would normally require a
test well prior to approval. In addition, due to the high ground-
water conditions, fill would normally be required for the installa-
tion of the septic system. It should be noted that such filling
may adversely affect the drainage in the area which should be
considered prior to approval.
Should you have any further questions, please feel free to
contact me.
/s/ Royal R. Reynolds, P.E.
Public Health Engineer
General Engineering Services. . . .
The Health Department has indicated to us that they may require
an unusual location of the cesspools based upon, and the well,
based upon the property itself. There may be physical constraints.
You have not gotten any Health Department approval on this
property yet, right?
MR. STOUTENBURGH: We can't really send an application to them
with an assumed location where any location on that parcel would
have to go for a variance. It' s sort of one of those funny steps
Southold Town Board or Appeals -26- May 14 , 1981
(Appeal No. 2823 - Perrie Pascucci, continued: )
MR. STOUTENBURGH, continued
you people give us so often because there are so many lots such
as this one divided up some 15 or 20 years ago. There were no
restrictions , and no one had to build on it for the rest of the
time. There is no set of plans in the building department
because we had not gotten to the point that we have ok for a
variance. There are, our permit is subject to seeing those
plans and that those meet the present day Federal Government
Floodplain wave-action V-5, whatever it is, I can't recall
right now. And so what we are looking for right now is to
find out where in effect this board would take an application
such as this one for the location for which we have made so
that we could get to the next point of going to. the rather
expensive task of setting a test well, finding out once we
have gotten the location from the bounty and then finding out
if we can pass to the next stage.
ACTING CHAIRMAN: So basically if we recess this hearing
until such time that you got health department approval, it
wouldn't help you at this time.
MR. STOUTENBURGH: No. In fact it would just put an
unnecessary hardship on the individual without even knowing
that he was going to get a variance for the location,-. in effect,
. it may come out that the house will have to be built where they
feel the septic system is going to be located, and that would
be another $140 for an .individual to refile with the health
department. Since this is a substandard.- lot there is a $140
filing fee just to submit the application to them.
ACTING CHAIRMAN: ' . I think the problem, Peter, is basically
the situation of what, and it' s. not particularly a situation
which we normally deal with. Where are the surrounding cess-
pools and wells for the surrounding neighbors and bearing that
in mind, then we could see a placement of the house. Not know-
ing that, ok, .puts .us in a very arduous place because then we
don' t know 'where to place the house.
MR. STOUTENBURGH: And I could be wrong on this , but it
was my understanding that the county would not give a certifi-
cate unless the building department would locate it. Now, this
is costing me time and the individual some time,. but no one any
real great expense, to get disapproval or approval from the
County as I. just mentioned, whether or not there is room on that
lot for the cesspools and/or well, but that the variance that
we 're requesting is in effect a legitimate one and is assumed I
would believe by the building department that we are going to
be able to get health department approval, and that they are not
asking you although I may be wrong, to give that approval for
health department reasons. I still can't get an approval without
the county ok-ing the proper location .for it.
Southold Town Board of Appeals -27- May' 14, 1981
(Appeal No. 2832 - Perrie Pas.cucci, continued.0
ACTING CHAIRMAN: Is there any possibility the County giving
you some preliminary approval so that we would know exactly
where it would be?
MR. STOUTENBURGH: I , I 'm really not sure--
SECRETARY: The health department did contact our office
and this is what they recommended that you apply to them
so that they can tell you where to locate it.
MR. STOUTENBURGH: They would under normal circumstances on
a lot like this I would think the location of the wells to be
.at the very northern corner, ( ) if it were a viable system
to be farther away from the intersection of the roads. Now in
order for them to change that would go against most of the
standards practices that they use., And if in effect they were
to suggest that I would go up, that' s something that I didn't
know about, this preliminary meeting with them, but I'm ques-
tioning-- I 'm not questioning, I 'm a-bit confused I guess as
to your concern as to the location of the --not that I don't
appreciate your concern, but I'm- not sure--
ACTING CHAIRMAN: Firstly, I'm only speaking. as one person
now, and I'm not trying to be redundant to you, but on a lot
of this size it becomes very difficult for a position until
you really know where the extremities of the diagonal ..are. go-
ing to be for the well and the cesspools. That' s my opinion,
I don't know what the .other gentlemen on this board feel. Do
you have any questions, Mr.. Douglass?
MEMBER DOUGLASS: Yes, I would like to ask something.. What
is the square footage of the proposed house?
MR. STOUTENBURGH: I believe it' s 1140, give or take a couple
of feet.
MEMBER DOUGLASS: In an area like you have, one-and one-half
to two feet .from ground water, .how are you going to get your
cesspool system?
MR. STOUTENBURGH: Normally in a situation where you are
that close to ground level they require that you are, and I'm
not sure if I'm that accurate, whether it' s two foot above the
ground water, one foot above the ground water table, where you
locate usually a five-pool system, and then it . is built upon
that. It would give you the same type of thing that when you
are on .the site and they have noticed next to Mr. Matthews' house
west side, which is a dome on the ground itself, they're using a
lot of areas, up like Kenny' s Beach where there' s very little
ground-. water. And it' s at least the .standard, the type of a
system that the County requests and I think it' s less than six
feet to ground water.
MEMBER DOUGLASS: When you build up like that, how are you,
Southold Town Board oz Appeals -28- May i4, 1981
(Appeal No. 2832 - Perrie Pascucci, continued: )
is it going to back up into the neighbors?
MR. STOUTENBURGH: Do you mean the water that normally would
go to the creek?
MEMBER DOUGLASS : No. The sewage.
MR. STOUTENBURGH: I can' t see how it would .back up if in
effect it was contained in a unit of soil. By the same token
that when the county uses it, they don' t use them with the
understanding that it' s going to spill out of the ground. I
can't think that the reverse would be true of water raised or
flooding-around it. I think there would probably be a require-
ment as to just how much of* a. volume of soil they use in order
to insure that.
MEMBER DOUGLASS : Is your knowledge good as to what kind of
bottom you have under there?
MR. STOUTENBURGH: I believe there is, I could be wrong,
there is the, on the lower righthand corner of that survey,
there ' s the test hole that was done on the property immediately
along side of that which .Mr.. VanTuyl supplied to me with at the
time of my: visit to his office in getting these approved to the
health department, permit. It shows the topsoil 2" of soil , clay
and sand, and then the water table a possible three feet of which
the location is shown above, actually I guess it' s the north
corner of the property there. It says it' s the location of the
testhole,. approximately 60 feet from this site.
MEMBER SAWICKI: How high is your house going to be?
MR. STOUTENBURGH: The requirements which we. were planning
on meeting for the National .Flood Insurance Program, they
requested it' s eight feet. above mean high water mark, and we
are planning on meeting those. requirements at least. At the
present as located on .the survey approximately three foot above
that. requirement.
MEMBER DOUGLASS: On what, concrete or pilings?
MR. STOUTENBURGH: On concrete.
ACTING CHAIRMAN: The only reason I suggested that you get
the preliminary approval is that, if we close this hearing and
the board does make. a decision, you may have to come back for
another variance changing the position of the house. I guess
what we will do is ask if anyone else has any other testimony
that they would like to shed, .either pro or con on this. Mrs.
Oliva?
MRS. RUTH OLIVA: I'm Ruth Oliva. We do feel that the zoning
board of appeals. should take note of the location of this lot.
✓ There are two basic problems with it as you probably know. It is
Southold Town Board of Appeals -29- May 14 , 1981
(Appeal No. 2832 - Perrie Pascucci, continued: )
MRS. OLIVA continued:
very low-lying. In fact about six months of the year half of it
sits in the water. And the problems we 've had are very, very
serious drainage problems right down there at the corner because
of any kinds of high tides , it just floods right over. Our one
question would be, how are they going to get good- water, in other
words without a high saline content when - their one neighbor to
the north does not,. and I- will call it their neighbor to the
east does not. They both have high saline counts. Also, I have
some pictures here of what it does look like during the high
tides, and this is not something that happens once every couple
of years. It happens ' a few times a year-when we have a very
heavy rain there is a big puddle down there. When we have some-
thing that' s just slightly over high tide it is a pond of at
least a foot deep. If we have two or three feet above normal,
it' ll be over two feet high and even the pick-up trucks do not
go down there. How is an emergency truck going to go down there.
I have spoken to Mr. Villa down at the County Board of Health,
and I explained how low the water table was there, and he said
that then they would not, they said he would have to fill six
feet above that before he could put the cesspools in. Now that
to me is going to create a .tremendous runoff or drainage problem
to the neighbors and also .with the high tide is probably going
to run right into there and over into the marshland. So we have
a. nice, stinking cesspool down there. My only suggestion would
be a requirement perhaps to have a closed _tank that would have
to be periodically pumped out. I don't know whether this would
be agreeable to the County Board of Health or to the applicant.
I have some pictures if you would like to see them. I would
like them back. This is looking from my porch and that lot is
right down here. This is just looking across from the house
next to me, but you see how the tide, this is my house looking
here, the tide is all the way up and I'm 600 feet from that.
And this is a picture just taken recently of that drain. Here
is the lot here, and here is that drain. Now all that it does
is really push the water. out from the marsh over into to this
low-lying area here and right into that lot. So you've got a
problem--you're damned if you do and you' re damned if you don' t.
- I want them back but you can look at them. Thank you.
ACTING CHAIRMAN: Thank you. I have one other letter from
Mr. and Mrs. James McLaughlin. It reads:
. . .Dear Mr. Grigonis:
In reference to the property on the corner of Narrow River
Road and Harbor Road in Orient, we are concerned about the
proposed building on that lot.
The lot is very low. It fills with rain water during heavy
rains and with salt walt several times a .year from high
tides. Being so low and being such a small lot, we feel
that it is likely that the cesspool will drain into the
marsh across the street and then into the bay. We also
Southold Town Board or Appeals -30 May 14 , 1981
(Appeal No. 2832 - Perrie Pascucci, "continued: )
fear that if fill is put into the lot, that both fresh and
salt water run off will increase in neighboring lots, where
flooding is already a problem.
Finally, we are concerned about the increased risk of saline
content in our drinking water. This is already a problem in
surrounding houses. An additional house so close to the
marsh drawing on the limited fresh water supply will increase
salt water intrusion in the water supply.
We hope that you will deny the variance.
/s/ Mr. and Mrs. James McLaughlin. . . .
LORNA TANNEBAUM: My name is Lorna Tannebaum and I am the owner,
co-owner with my husband of the property immediately to the north
of this lot. Probably some of what I am going to say repeats what
Ruth .said and the McLaughlins said, but I've been sitting here
listening and it seems to me that the assumption is that a house
will be built on that lot of some sort, and I wonder although I'm
not familiar enough with the building code and all the rules and
regulations, but I certainly am familiar with the fact that there
are lots that cannot be built on for some reason or another. There
is certainly a lot of marshland in our area that cannot be built
on, and I 'm beginning to get the idea that the new owner of this
land will be protected and my property is just going to . fall apart.
I also have two pictures I would like to show you which certainly
show what happens at high tides. These were taken last September
and they're not particularly, after and not particularly a .violent
storm. One shows the intersection. Yes, this is the lot in ques-
tion. Ruth referred to .it as a river. I. refer to it,, I mean a
pond. I refer to it as a river. Two views are of our driveway,
looking into the driveway and looking out. And I'm thinking as,
you know, McLaughlins said, if. the land is built up, contain the
cesspools, you know, where is -the runoff going to go? It' s going
to go on our property, and then what do we do?
ACTING CHAIRMAN: Could I have the other ones back so that we
.can return . them so that we don't get them mixed up. Return those
to Mrs. Oliva.
MRS. TANNEBAUM: You can have those.
ACTING CHAIRMAN: Thank you very much.
MRS . TANNEBAUM: The only other thing I .wanted to say is, well,
two things. I don't know if it matters for the record. The Darzy' s
no- longer have any interest in that property. It is only Albert H.
and Lorna Tannebaum, and the other thing is that we're hoping in
about five years to retire to the house and live there for the rest
of our lives perferably without a feeling like Noah' s Ark in the
middle of a lot. . . Thank you.
ACTING CHAIRMAN: . Thank you. Anybody else have anything to say?
Yes, Peter.
Southold Town Board of Appeals -31- May _L4 , 1981
(Appeal No. 2832 - Perrie Pascucci, continued: )
MR. STOUTENBURGH: Would it be possible to look at those
photographs?
ACTING CHAIRMAN: Sure.
MR. STOUTENBURGH: This one drain that' s been referred to
goes underneath the road.
MRS. OLIVA: No , it does not. It' s on top.
MR. STOUTENBURGH: On top of the road?
MRS. OLIVA: (Statement was inaudible. ) (Facing Mr. Stoutenburgh) .
MR. STOUTENBURGH: My one thing that I seem to be having
trouble following with this is that by adding to that land means
that other people' s properties are going to get filled.
MRS. OLIVA: It' s going to act as a dike here, because normally
that water goes right into that lot, but if you are going to build
the lot up, you have to dike. And it 's going to go more into Lorna
Tannebaum' s property. It' s going to go further up the road.
MR. STOUTENBURGH: I expect that you' re assuming then the fill
should be put in such a way that it would act as a dike, as opposed
to--
MRS. OLIVA: It' s got to somehow where you' re practically just
ground level there and the water' s (crossing) , to a depth that
you're going to fill. it up, it' s got to have a barrier to that
water. The water has. to go around it somehow.
MR. STOUTENBURGH: I would agree the water has to go around it,
and. I just have trouble seeing a flooding condition depending on
how the fill is being added to this property, depending on how the
County is going to request fill be added for a sewer system, at
some point if enough fill was added to the entire area. There would
be no water. At some point there has to be either a better condi-
tion being presented -- because a runoff, it has a drain, I can' t
. think that. it' s not sort of the type of thing that you can put as
much water into something but..if it' s got to drain at a certain
height, the water will never get higher.. Because there' s a drain
for it for it to move from, when it' s the height, but the road is
there. Unless you actually made a dike out of a hill. Wait a
minute - is there a variance consideration that in effect considers
the flood, the new flood law or the new flood plain as is described
by the Federal Government?
ACTING CHAIRMAN: Yes. There' s a minimum base flood elevation.
MR. STOUTENBURGH: There is. And which your Board considers.
ACTING CHAIRMAN: Right.
MR. STOUTENBURGH: And you act upon.
Southold Town Board of Appeals -32- May 1-4, 1981
(Appeal No. 2832 - Perrie Pascucci, continued: )
ACTING CHAIRMAN: Right. It was our understanding however that
you were going to abide by this.
MR. STOUTENBURGH: That' s correct. I was just scheduling a
clarification from me for my own purposes that, in effect, the only
ting that we were really dealing on that I can -see here is that it
was the sideyard and the rearyard setback, which is what I had
applied for and that' s the way I presented my case. Thank you.
ACTING CHAIRMAN: You're welcome. Does anybody else have any
further questions? "(None) Hearing no further questions, I' ll
make a motion to close the hearing and reserve decision until a
later date.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in Appeal
No, 2832, application of Perrie Pascucci until a later date.
Vote of the Board: Ayes: Messrs. Doyen., Douglass, Goeh-
ringer and Sawicki. (Mr. Grigonis was .absent. )
APPEAL NO. 2786 - RICHARD A. and JANET SCHLUMPF.
Abigail A. Wickham, Esq. appeared informally before the board
requesting an interpretation of Condition No. 5 of this board' s
decision rendered April 2, 1981 and filed with the Town Clerk on
. April 30 , 1981. Mrs. Wickham said that Parcel No. I is under
Contract of Sale and whether or not it was the board' s opinion
that Condition No. 5 was to mean that the proposed improvements
over the new subject right-of-way for use by Parcel II need not
be. improved or installed until such time as Parcel II proposes
development. The board agreed that Condition. No:. 5 was referring
only to Parcel II. Mrs. Wickham said she would in turn submit
a letter to the board confirming this discussion.
.APPEAL NO. 2789 - DAVID L. MUDD.
Abigail A. Wickham, Esq. also .informally reviewed the board' s
decision rendered April 23, 1981 clarifying the technicalities
and findings involved in this appeal.
Motion was made by Mr. Douglass, seconded by Mr. Sawicki, and
duly carried, to recess at this time for "Executive-Closed Session, "
and after which the regular meeting would reconvene.
EXECUTIVE - CLOSED SESSION.
Anthony Tohill, Esq. , Gdry .F.lanner Olsen, Esq. and
Mrs. Deborah Edson (real estate representative) informally dis-
cussed the appeal. of.. Rose Dansker, No. 2766 which was denied 4/2/81.
Southold Town Board of Appeals -33- May _L4, 1981
Motion was made by Mr. Goehringer, seconded by Mr. Douglass,
and carried, to reconvene the -regular meeting of this board.
APPEAL NO. 2812 - Application of ROY C. SCHOENHAAR.
By letter dated May 11 , 1981 and received May 12, 1981 by
our office, the applicant' s attorney, Gary Flanner Olsen, Esq.
requested to withdraw the variance application "without prejudice. "
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that the application of Roy C. Schoenhaar in Appeal
No. 2812 is hereby withdrawn without prejudice, as requested.
Vote of the Board: Ayes : Messrs. Doyen, Douglass , Goeh-
ringer and Sawicki. (Mr. Grigonis was absent. )
The board tentatively set Wednesday or Thursday of next week
for a Special Meeting, if same is necessary.
On motion by Mr. Goehringer, seconded by Mr.. Douglass, it was
RESOLVED, that the following new appeals be advertised and
scheduled for public hearings to be held at the next regular
meeting of this board, to wit, June 11, 1981 ; to be held at the
Town Hall, Main Road, Southold, NY:
7 :15 .p.m. EDWARD P. BERTERO. Insufficient area. Cpt. Kidd ' s
Estates, Mattituck.
7: 30 p.m. ANNA L. BERTERO. Insufficient area. Cpt. Kidd' s
Estates, Mattituck.
7 :40 p.m. HERBERT HOFFMAN (by Mrs. Adriaenssens) to construct
dwelling with insufficient front and rear yard set-
backs at Smith Drives , Southold.
7 :55 p.m. SUSAN C. TRENTALANGE. Deck -with insufficient front-
yard. 90 Haywaters Road, Nassau Point, Cutchogue.
8 : 05 p.m. KEITH AND ARDEN McCAMY. Garage in sideyard area.
76375 Main Road, Greenport.
8: 15 p.m. FRANK J. ABBADESSA. Addition with insufficient side-
yard area. 1200 Maple Lane, Greenport.
8: 30 p.m. MOBIL OIL CORP. Replace existing nonconforming tanks.
S/w corner of Main Road & Youngs Avenue, Southold.
Southold Town Board _= Appeals -34- Mal 4 ,.. 19'81
8 : 45 p.m. NICHOLAS IPPOLITO. Addition with insufficient front,
side and rear yard setbacks at 230 Carol Road., Sld.
8 : 55 p.m. PECONIC CORP. Conversion of . barn to two_family dwell-
ing use... ,New Suffolk Avenue, Matti-Luck.
9 : 15 p.m. CHARLES BOCKLET. Pool with fence in front (and/or
side) yard area at 1295 Robinson Lane, .Peconic.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer and Sawicki. (Mr. Gri.gonis was absent. )
ENVIRONMENTAL DECLARATION: Appeal No. 2828. Application of
EDWARD P. BERTERO:
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. 2828, EDWARD P.
BERTERO:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the-N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the .Southold Town Code,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II .Action,
not having a significant adverse effect upon .the environment
for the following reason (s) :
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
�( The property or project in question is not located- within
II( 300 feet of tidal wetlands area.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered 'by the subject
appeal application.
Location of Property: 1240 Inlet Drive, Mattituck, NY;
County Tax Map Parcel No. 1000-99-2-6 .
Vote of the Board Ayes: Messrs. Douglass, Goehringer,
rt
Doyen and Sawicki. (Member Grigonis was absent. ):
r
Mr '14 , 1981
Southold Town Boara of Appeals -35- -
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2827.
APPLICATION OF ANNA L. BERTERO.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. 2827 apPlica-
tion of Anna L. Berterb:
ENVIRONMENTAL DECLARATION :
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the . Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason(s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
project in question is not located within
The property or
300 feet of tidal wetlands area.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any .other project not covered by the subject
appeal application.
Location of Property.: Cpt. Kidd Estates Subdivision Lots
74 , 75 and 76; Inlet Drive, Mattituck, NY; County Tax Map
Parcel No. 1000-99-2-8 and 14 .
Vote of the Board : Ayes: Messrs. Douglass Goehringer, .
Doyen and Sawicki. (Member Grigonis was absent. S.
Southold Town Boai-u of Appeals -36- M:_1 14 ,. 1981
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2826 .
APPLICATION OF HERBERT HOFFMAN.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. 2826, applica-
tion of Herbert Hoffman:
ENVIRONMENTAL DECLARATION:
Pursuant to Section .617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason (s) :
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The project in question is separated by a road more than
50 feet in width, and . therefore does-, not appear- to be within
an area affecting tidal wetlands.
This declaration- should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: Smith Drive, Southold, NY; County
Tax Map Parcel No. 1000-76-2-34 .1.
Vote of the Board : Ayes: Messrs. Douglass Goehringer,
Doyen and Sawicki. (Member Grigonis was absent. '
Southold Town Boa_. of Appeals -37- D.�j 14 , 1981
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2829.
APPLICATION OF SUSAN C. TRENTALANGE.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. 2829 , applica-
tion of Susan C. Trentalange:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y. S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the .Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason (s) : ,.
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The project in- question is separated by a road more than
50 feet in width and therefore does not appear to be-within
an area affecting tidal wetlands.
This declaration should not be considered a determination
made for any other department or agency which may also be in—
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: 90 Haywaters Road, Cutchogue;
County Tax Map Parcel No. 1000-111-2-4 .
Vote of the Board: Ayes: Messrs. Douglass Goehringer,
and,a Sawicki. (Member Grigonis was absent. S
Southold Town Boa__ of Appeals -38- N___Z 14 ,. 1981
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2830 .
APPLICATION OF KEITH AND ARDEN SCOTT McCAMY.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. 2830 ,applica-
tion of Keith and Arden .Scott McCamy:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y. S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason (s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The property or project in question is not located within
300 feet of tidal wetlands area.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: 76375 Main Road, Greenport, NY;
County Tax Map Parcel No. 1000-48-1-2.
Vote of the Board: Ayes: Messrs. Douglass Goehringer,
Doyen and Sawicki. (Member Grigonis was absent. '
Southold Town Boas_ of. Appeals -39- N-s 14 ,. 1981
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2831.
: APPLICATION OF FRANK J. ABBADESSA.
On motion by Mr. Goehringer, seconded by Mr., Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No. ' 2831 , applica-
tion of Frank J. Abbadessa:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the . Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified. as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason (s) :
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented As
planned.
The property or project in question is not located within
300 feet of tidal wetlands area.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: 1200 Maple Lane and 55 Snug Harbor
Road, Greenport; County Tax Map Parcel. No. 1000-35-6-1.
Vote of the Board: Ayes: Messrs. Douglass . Goehringer,
Doyen and Sawicki. (Member Grigonis was absent.S
T
Southold Town Boa_. of Appeals -40- N_i 14 ,.. 1981
y
* ]F 9C
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2836.
APPLICATION OF NICHOLAS W. IPPOLITO.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No, 2836 , applica-
tion of Nicholas W. Ippolito :
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the . Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason (s) :
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The premises in question has constructed along the water
lying edge a functional bulkhead the entire length .of the
property in good condition.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: 230 Carol Road, Southold, NY; .
County Tax Map Parcel 1000-52-2-7.
Vote of the Board : Ayes: Messrs. Douglass Goehringer,
Doyen and Sawicki. (Member Grigonis was absent. S
e Southold Town Boa__ of Appeals -41- N_l 14 ,. 1981
G
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2835.
APPLICATION OF PECONIC CORP.
On motion by Mr. Goehringer, seconded by Mr. Douglass,
it was
RESOLVED, to declare the following Negative. Environmental
Declaration concerning the matter of Appeal No. 2835 , applica-
tion of Peconic Corp. :
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the .Southold Town Code,
notice is hereby given that the Southold Town Board 'of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified. as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason (s) :.
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The project in question is located more than 300 feet
from .tidal wetlands area.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property: S/s New Suffolk Avenue, Mattituck,
'NY; County Tax Map Parcel No. 1000-115-9-4 .
Vote of the Board : Ayes: Messrs. Douglass Goehringer,
Doyen and Sawicki. (Member Grigonis was absent. S
e ..
Southold Town Boar( f Appeals -42- Ma_ .4 ,.. 1981
ENVIRONMENTAL DECLARATION.
APPEAL NO. 2834
APPLICATION OF CHARLES BOCKLET.
On motion by Mr. Goehringer, seconded by Mr.. Douglass,
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Appeal No, 2832 applica-
tion of Charles Bocklet:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the ,Southold Town_ Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed .in this
appeal application is hereby classified as a Type II .Action,
not having a significant adverse effect upon the environment
for the following reason (s) : ,
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
The project in question is located between the existing
dwelling and the access road, away from the wetlands area. -
This declaration should not be considered a determination
made for any other department °or agency which may also be in-
volved, nor for any other project not covered 'by the subject
appeal application.
Location of Property: 1295 Robinson Lane,. Peconic, NY.;
County Tax Map Parcel No. 1000-98-5-2 ,3., and 4.
Vote of the Board : Ayes: Messrs. Douglass. Goehringer,
Doyen and Sawicki. (Member. Grigonis was absent .
G Southold Town. Bo ti ard of Appeals -43- May 14, 1981
RESERVED DECISION: Appeal .No.. 2816 . Application of Odysseas
Pyrovolakis, 83-16 170th Street, Jamaica, NY 11432, for a Variance
to the Zoning Ordinance, Art. III, Sec . 100-31 for permission to
construct dwelling with insufficient front and rear yard setbacks at
3180 Stars Road, East Marion, NY; Stars Manor Subd. Filed Map #3864 ,
Lot 26 ; County Tax Map Item No. 1000-22-2-19; bounded north by
Zerris, west and south by Stars Road, east by Schroeder.
After investigation and personal inspection, the Board finds
and determines as follows:
By this appeal, appellant seeks permission to construct a new
dwelling with solar access, and which would have an insufficient
frontyard setback off Stars Road of 35 feet and rearyard setback
of 26 feet. The premises in question has a depth of 106 . 23 feet
at the north end, road frontage of 165.04 feet, and a rearyard
length of 278 . 89 feet. The Board feels the positioning of the
proposed dwelling is the most feasible location on this parcel.
The Board finds that the relief requested is not substantial
in relation to the Code requirements; that the _relief requested is
within the spirit of the zoning ordinance; that the variance if
granted will not change the character of the neighborhood; that
no adverse effect will be produced on available governmental facil-
ities of any increased population; that the hardship or practical
difficulty is unique; and that the interests of justice will be
served by granting the requested relief.
On motion by Mr. Douglass, seconded by Mr. Doyen, it was
RESOLVED, that Odysseas Pyrovolakis, be granted a variance to
the zoning ordinance, Art. III, Sec. 100-31 to construct dwelling
with insufficient front and rear yard setbacks as applied for in
Appeal No. 2816 .
Location of Property: 3180 Stars Road, East Marion, NY;
County Tax Map Item No. 1000-22-2-19 .
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Sawicki
and Goehringer. (Mr. Grigonis was absent. )
Southold Town Board of Appeals -44- May 14, 1981
RESERVED DECISION: Appeal No. 2819. Application of Donald
Scott, Critten's Lane, Southold, NY for a Variance to the Zoning
Ordinance, Art. III, Sec.. 100-31 for permission to construct addition
to dwelling with insufficient, front and rear yard setbacks at the
northeast corner of Beachwood Lane and Critten' s Lane, Southold;
bounded north by Hoffineister; west by Oates; south by Beachwood Lane;
east by Critten 's Lane; County Tax Map Item No. 1000-70-11-8 .
After investigation and personal inspection, the Board finds as
follows:
By this appeal, appellant seeks permission .to construct an
addition, approximately 20 ' by 20 ' at the southerly corner of the
existing 12-story frame dwelling with attached garage. The setback
requested off Beachwood Lane is 40 ' and the setback from the rear
property line approximately 30 ' The project proposed is consistent
with the average setbacks in the neighborhood.
The Board finds that the relief requested is not substantial
in relation to the Code requirements; that the relief .requested is
within the spirit of the zoning ordinance; that the variance if
granted will not change the character of the neighborhood; that
no adverse effect will be produced on available governmental facil-
ities of any increased population; that the hardship or practical
difficulty is unique; and that the interests of justice will be
served by granting the requested relief.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that Donald Scott be granted a variance to the
zoning ordinance, Art. III, Sec. 100-31 to construct addition
to dwelling with insufficient .front and rear yard setbacks as
applied for in Appeal No. 2819.
Location of Property: Northeast corner of Beachwood Lane
and Critten' s Lane, Southold; bounded north. by Hoffineister; west
by Oates; south by Beachwood Lane; east by Critten' s Lane; County
Tax Map Item No. 1000-70-11-8.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Sawicki
and Goehringer. (Mr. Gr.igonis was absent. )
Being there was no further business to come -before the board
at this time, the Acting Chairman declared the meeting closed at
approximately 11 :15 p.m,
AOY Respectfully 'submitted,
4 Linda F. Kowalski,.. Secretary
Chairman Board of APPOIS Southold Town Board,`,.of Appeals
k
F
VED AND FILED BY
UTHO1LD TOWN CLERK
DATE HOUR /6.4614.1U1
- Town Clerk, Town of S hold