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HomeMy WebLinkAboutZBA-02/12/1981 - o SoutholdTown Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLp, 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 HELD FEBRUARY 12 , 1981- A Regular Meeting of the Southold Town Board of Appeals was held on Thursday , February 12 , 1981 at 7 :30 o ' clock p'.m. at the Southold Town Hall , Main Road , Southold., New York 11971 . Present were : Charles Grigonis , Jr. , Chairman ; Robert J. Douglass ; Gerard P. Goehringer; and Joseph H. Sawicki . Absent was : Serge Doyen , Jr. ( Fishers Island ) : Also present were Mike Stahl (Suffolk Times ), Mrs . Shirley Bachrach (League of Women Voters ) , -Mrs . Ruth Oliver (North Fork Environmental Council ) and. Mr. Henry Lytle (Southold-Peconic Civic Association ) . PUBLIC HEARING : Appeal No . 2777 . Application of Robert and Diane Gazza , 2850' Cedar Beach Road , Southold , New .York for a Variance to the Zoning Ordinance , Art . III , Sec. 100-31 for permission to construct attached . garage with an insufficient frontyard setback at 2850 Cedar Beach Road , Southold , NY ; bounded north by Cedar Beach Road ; west by D . Gazza ; south by Cedar Beach Harbor; east by Cedar Beach Harbor and unknown ; County Tax Map ID No . 1000-91 -1 -3 . 2 . The Chairman opened the hearing at 7 : 35 p.m. by reading the appeal application and related documents ; legal notice of hearing and affidavits attesting to its 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 property and the surrounding properties , and a survey of the property. It is 'a : l.ong ,-. long parcel- and . it ' s really limited . Is there anyone that would like to add -anything further to the application? ti Page 2 Southold Town Board of Appeals February 12 , 1981 Regular Meeting MR. ROBERT GAllA : I have nothing further unless there are any questions . MR. CHAIRMAN : We have here a note dated 2/5/81 from Bob Gazza : . . . On 2/4/81 the . DEC sent me a letter stating there was a possible wetlands violation on the lot next to this one which is owned by my wife , and that they were holding off on any decision concerning the garage until the above matter was settled . On 2/5/81 at a meeting in the DEC offices between Charles Hamilton _ of .the DEC and myself, it was agreed that the wetlands were not infringed upon but that the upland grading did not meet their requirements . I was told that if I paid a no to contende penalty of $100 . 00 and shortened the garage by four feet , they would drop the violation and approve the garage . I agreed to do this . I now have to resubmit the application on 2/6/81 with the garage shortened by four feet which I will do . Mr.. Hamilton said I can expect approval in a few weeks . Signed Bob Gazza . . . . MR . CHAIRMAN : Have they indicated how long it would be until you would hear from them ( DEC ) ? MRS . GAllA : . They said in a few weeks . On motion by Mr. Grigonis , seconded by Mr. Goehringer , it was RESOLVED , to close the hearing and reserve decision in the matter of the Appeal of Robert and Diane Gazza , #2777 . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . RECESSED HEARING : Appeal No . 2684 . Application of North Fork Motel , Inc . , by William H . Price , Jr . , Esq . as attorney , 828 Front Street , Greenport , NY 11944 for a Variance to the Zoning Ordinance , Art . VII , Sec . 100-70 . for permission to change existing motel use to privately-owned units (or condominium-type ) use in a B-Zone , located at the North Side of North Road ( C . R. 27 ) , Southold , NY , County Tax Map ID No . 1000-135.-2-23 .. J The Chairman announced that the hearing will be furth.er recessed until the next regular meeting of this Board , to wit , March 5 , 1981 . ` Page 3 Southold Town Board of Appeals February 12 , 1981 Regular Meeting Th&-,resolution recessing North Fork Motel , Inc . was passed on January 28 , 1981 scheduling same for March 5 , 1981 at 8 :35 p .m . at the Southold Town Hall . On motion by Mr. Grigonis , seconded by Mr. Douglass , it was RESOLVED , to approve the Minutes of the Regular Meeting held January 22 , 1981 as submitted . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer ,and Sawicki . Absent was : Mr. Doyen . On motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED , to approve the sign renewal request of the North Fork Lions .Club , Appeal No . 1150 for a period of one year from the date of expiration noted thereof , SUBJECT TO the Federal Highway Beautification Act and Fundings Laws for Highways , if applicable . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . The Chairman called a 10-minute recess being there was no further business to come before the Board until 8 :00 p .m . The meeting reconvened at 8 :00 p .m . PUBLIC HEARING : Appeal No . 2780 . Application of Albertson and Katz , Main Road , Southold , NY for a Variance to the Zoning Ordinance , Art . VI , Sec . 100-70A ( 1 ) (d ) and Art . VI , Sec . 100-62F for permission to construct addition to existing building with an insufficient rearyard setback at the South Side of Main Road (S . R. 25 ) , Southold , NY; bounded north by Main Road ; west by Mullen ; south by Finne and Lucey; east by Locust Avenue ; County Tax Map ID No . 1000-62-3-21 and 22 . The Chairman opened the hearing at 8 :00 p .m . by reading . the appeal application and related documents , legal notice of hearing and affidavits attesting to its 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 J $15 . 00 . Page 4 Southold Town Board of Appeals February 12 , 1981 Regul.ar Meeting MR. CHAIRMAN : We have a n1-apof the property and a section of the tax map showing this property and the adjoining properties and the addition would wind up about three feet from the rear property line as near as I can understand . it . Do you gentlemen have anything you would like to add , Mr. Albertson or Mr. Price? MR . ALBERTSON : I feel it ' s pretty well self explained-- the application . If there are any questions from anybody . But the piece of property that we want to build on isn ' t used for anything--it ' s almost impossible to get to it . It would be not very much of an advantage if we couldn ' t put this added space there . MR . CHAIRMAN :. Thank you . Is there anyone else to speak for it? Anyone to speak against this ? Do any of the Board members have any questions they would like to ask? (Negative ) MR . CHAIRMAN : If there are no further questions , anyone else wants to speak for- it , maybe Joe would offer a resolution for it? MEMBER SAWICKI : I ' ll move that it be granted as applied for . MEMBER GOEHRINGER : Seconded . After investigation and personal inspecti:on ,:,the-;Board finds as follows : Appellant has appealed to this Board seeking a Variance to construct a 40 ' by 14 ' rear addition to an existing framed build- ing , leaving a rearyard setback of approximately three feet at the west end . Upon making a perso.nal inspection , the Board had asked Mr. Albertson where he would agree to leaving a minimum setback of three feet in the rearyard area , and he concurred , saying he probably wouldn ' t need to construct the whole 40 ' in length . The Board finds that the relief requested in the within application is not, substantial in relation to the Code require- ments ; that if the variance is granted no substantial detriment to adjoining properties will be created ; that no adverse effect will be produced on available governmental facilities of any increased population ; that no substantial change is produced in the character of the neighborhood ; that the hardship is unique ; and that the interests of justice will be served by granting the variance as applied for . On motion by Mr . Sawicki , seconded by Mr . Goehringer , it was RESOLVED , that Albertson and Katz , Main Road , Southold , NY Page 5 Southold Town Board of Appeals February 12 , 1981 Regular Meeting be granted a variance to the zoning ordinance , Art . VI Sec . 100-70A 1 (d ) and Art . VI , Sec . 100-62F as applied for. Location of Property : South Side of Main Road ( S. R. 25 ) , Southold , NY ; bounded north by Main Road ; west by Mullen ; south by Finne and Lucey ; east by Locust Avenue ; County Tax Map Item No . 1000-62-3-21 and 22 . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . MR . CHAIRMAN : This will be subject to Site Plan Approval by the Planning Board . The County*will *also be in on it. PUBLIC HEARING : Appeal No . 2781 . Application of James D ' Aquisto , by R . B . Hudson as agent , 136 Front Street ,, Greenport , NY for a Variance to the Zoning Ordinance , Art . III , Sec . 100-32 for permission to construct accessory building in frontyard at 3235 Manhasset Avenue , Greenport , NY-; bounded north by Reinfurt ; west by Sorden ; south by Manhasset Avenue ; east by Pell ; County Tax Map Item No . 1000-43-1 -8 . The Chairman opened the hearing at 8 : 15 p .m . by reading the appeal application and related documents , legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers , letters of Disapprova.] 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 survey of the property and section of the County Tax Map showing this property and the surrounding areas . Is there anything you would like to add to this , Mr. Hudson? REG HUDSON : Well , when I filed with Mr. D ' Aquisto everything was all right , but then some friends wanted to be helpful , so they went over and built the garage for him without -- this was the shape of the lot -- you see , what they did to be helpful , they paralleled the garage ; I have the garage paralleled to the side and they made it parallel to the house on your map , so if you want to just look --that ' s how it happened . The garage is all built , but there ' s one , on the front side on the Pell side which is a right-of-way or it showed on the original map from Van Tuyl as a vacant lot , but it ' s a right-of-way. and I ' ve noticed::since that it is in his deed . He has a right . Pell gave us permission to face the garage door on that side , but in the meantime I ' ve checked up , and he has a right-of-way--what is known as Gull Pond Lane on some old survey. maps , so it ' s an existing map that goes all the way back into Pell ' s house . And what happens now is , you ' d have to , in one corner , it ' s two foot off-- it ' s on his .-own property . It doesn ' t encroach . But it ' s two foot when it should ` Page 6 Southold Town Board of Appeals February 12 , 1981 Regular Meeting (Mr . Hudson continued : ) have been three foot . And from the northeast corner , oh we ' re about , if we come over four foot and chop a corner of the build- ing out , it complies . In other words he feels it would spoil the looks of the building and it ' s not a big item there . And the other items , original plans , he didn ' t put in that he was going to put in a garage . His friends said , well, they ' d put the pipes in , and then they put in plastic pipe in concrete instead of cast iron . That was one of the-- but these , we ' re not concerned about that so much as the fact that rather than chop the building in the front--the other , he could knock that pipe out . I ' m trying to help him out now because , why the friends have taken off and he ' s left whole in the bag sort to speak . MR . CHAIRMAN : Is there anyone else to speak for this? MR . HUDSON : The garage is already built though . MR. SAWICKI : Yes , we were down there . MR . HUDSON : Oh , you looked at it? MR . SAWICKI. : Yes . MR. CHAIRMAN : Is there anyone else that would l.ike to speak in favor of this? Anyone to speak to against this ? WILLIAM R. PELL , III : I am William Pell . I do not object to thelocation of the garage . I do not object to. him having access to the right-of-way to get in and out of it . MR. CHAIRMAN : Thank you , Bill . . Anyone else to speak against this ? Yes , sir , your name , please , and use the mike, please? We ' re trying to get it on tape . MR . REINFURT : I ' ll speak loud.. We ' re the adjoining property and the name is Reinfurt . First off , to be an accessory building sounds like a shed. or whatever . This building is as big as the house , and it ' s ,, first of all , the property is pretty small . I think they needed a variance to build the house in the first place . And now you have two buildings the same size on a very small lot.. And to me I ' d like to see it moved . MR. CHAIRMAN : Thank you . Anyone else? ( Negative ) . MR. HUDSON : I think the building department checked it out , for size from the regulations . MR . CHAIRMAN : We got some figures to see what we coul.d find out because we were guessing . And we called Van Tuyl (surveyor) and the Van Tuyl survey shows 6 , 922 square feet and 18% of the lot Page 7 Southold Town Boar.. _f Appeals February 12 , 1981 is covered by the house and garage , but then the deck is not included in the 18% , and roughly there ' s about 385 to 390 square feet of deck , which would bring the structures on the property up about 3 , 32 percent over what is permitted on the property . You ' re allowed 20% and this comes up somewhere about 23%. - MR . HUDSON : That ' s including the deck? MR. CHAIRMAN : Yes . There are other violations there that we don ' t get into , but it took a chance I wouldn ' t even want to be working on the roof up there--with those LILCO wires a couple of feet off the peak of it . MR. HUDSON : That ' s Long Isl.and -- Greenport , I think . MR. CHAIRMAN : It ' s a rough situation . And the plumbing-- I don ' t know , if it ' s supposed to be a two-car garage you ' ve got one door just about big enough for one car to get i.n and it would be a rough deal to get-- Your name , sir? MR. D ' AQUISTO : It ' s my garage , and I plan to live there all year. round . These people are there for the summertime , and I did use it for a little bit of a workshop , too , I 'm a hobbyist . MR. CHAIRMAN : You ' re Mr. D ' Aquisto? MR . D ' AQUISTO : Yes , I am . I ' m living there all year round and intend to , . and like I said , I 'm using it for a one-car garage .and the other half of it I 'm using for a workshop , for a hobbyist . And the reason why I put a washer and dryer in is because. there ' s no room in the house for a washer and dryer , and I don ' t intend to keep going to the laudromat , so I thought I would put a washer and dryer in my garage so I could do my laundry there rather than my house . And I 'm not using the place for a summer home . MR. CHAIRMAN : Thank you . MRS . REINFURT.: My name is Reinfurt . We have used that same right-of-way--that ' s our only access to the property--to the front of our property , and we intend to have that as an all year round house eventually. We ' ve . been at that property for more than 13 years . MR. CHAIRMAN : Thank you . Is there anyone else? HENRY LYTLE : What I 'm curious about is , who was the builder? MR . CHAIRMAN : Mr. Hudson , can you answer that question? MR. HUDSON : I don ' t know . I got the original permits and Page 8 Southold Town Board of Appeals February 12 , 1981 Regular Meeting (Mr . Hudson continued : ) things for them , and then I didn ' t know any more about it and didn ' t see it until Jimmy asked me to help him. Some friends of his , from -- I don ' t know the names of the builders . It was not a local builder. MR. LYTLE : It ' s all a mystery to me as to how these things get built without a permit . MR. HUDSON : We got a permit . MR . CHAIRMAN : They got a permit . MRS . REINFURT : What is the date of the permit? MR. CHAIRMAN : I have a copy of it in here somewhere . The permit was issued September 25 , 1979 . It was applied for on September 24 , 1979. MR . LYTLE : But it wasn ' t built completel.y in compliance with the permit . Is that why Mr . Hindermann picked it up? MR . CHAIRMAN : . That ' s why he found it too close to the right-of-way line . And I guess it actually wound up a little bigger than what they applied for . MR . HUDSON : Well it was a 24 by 24 garage when I filed , and they added two feet on., on the back end of the property. I told you , the deck isn ' t that important--that could be taken out of there , so we would be in the zoning . MR . CHAIRMAN : The Building Inspector in his revocation or denial , it says , " . . . structure is not being constructed as applied for in that the size has been increased , the plumbing facilities for bathroom , laundry room have been added and building setback from property boundaries have been reduced . . . . " So that ' s why it was picked u.p . Do any of the Board members have any questions? MEMBER DOUGLASS : Yes , I would like to ask Mr . D ' Aquisto a question . How did it happen that when you constructed the deck you didn ' t have a permit? . MR. D ' AQUISTO : I didn ' t own-- MR . HUDSON : That was there from when he bought the house . The previous owner , Mrs . Kevney bu.ilt that deck out there . MEMBER DOUGLASS : How come the surveyor didn ' t pick it up then? MR. HUDSON : I don ' t know . Page 9 Southold Town Board of Appeals February 12 , 1981 Regular Meeting MR. D ' AQUISTO : Who surveyed it then , I don ' t understand? MR. HUDSON : Van Tuyl . He surveyed the property. MR. D ' AQUISTO : When I bought the house? MEMBER DOU.GLASS : No , it should have been picked up when you applied for this garage or whatever. MR . D ' AQUISTO : I have no idea . It should have been picked even before I bought the house . MEMBER DOUGLASS : Yes , but the area should have been picked up . MR . D ' AQUISTO : Sure . Even the shape of the lot . MEMBER DOUGLASS : Because it becomes covered area . MR . D ' AQUISTO : I don ' t know why the rest of it wasn ' t picked up . I don ' t know . MR . CHAIRMAN : I have an idea sometimes . I know some :of these things are done when. properties are transferred , they just go tb.,:their maps , and it ' s the quickest way for them to do it , I guess . MR . HUDSON : Even when Van Tuyl did his latest survey , it ' s not on there . MR. CHAIRMAN : The original survey was made May 13 , 1976 and .then it ' s amended October 1.4 , 1980 . MR. HUDSON : The deck . is not 'that great a thing that it couldn ' t be taken up , and that would make it comply with any reg-- you say it ' s 300 feet over by having the deck there . MR. CHAIRMAN : Well. , three percent , somewhere in there . I haven ' t figured it ou.t with the computer on it . MR . HUDSON : Because he doesn ' t have to have a deck . He could put a patio down there , . it:wouldn ' t be a wooden structure . MR. CHAIRMAN : Do you have any questions , Joe? MEMBER SAWICKI . No , sir. MR . CHAIRMAN : Do you have any further questions , Bob? (Negative ) No one else have anything further to add or detract from this ? (Negative ) I ' ll offer a resolution closing the hearing and reserving decision until we get a chance to sit and find out just how far off they are with everything. Page 10 Southold Town Board of Appeals February 12 , 1981 Regular Meeting MEMBER GOEHRINGER : Seconded . On motion by Mr . Grigonis , seconded by Mr. Goehringer , it was RESOLVED that the hearing be , decl.ared closed and decision reserved in Appeal No . 2781 , application of James D ' Aquisto . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . PUBLIC. HEARING : Appeal No . 2784 . Application . of Robert T. Bayley , 55 West . 16 Street , New York , NY 10011 , by Robert W . Gillispie III as agent , for a Variance to. New York Town Law , Section 280-A for approval of access to property located on a private right-of-way off South Harbor Road , Southold , NY ; bounded north by Stewart and Blake ; west by Paul ; south by Bay ; east by Ballenger ; County Tax Map Item No . 1000-87-1 -21 . The Chairman opened the hearing at 8 :40 p .m. by reading the appeal application and related documents , . leg.al notice of hearing and affidavits attesting to its 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 survey of the property and section of the County Tax Map .of the area showing this property and the surrounding properties , and this is a long piece of property which is a long way from South Harbor Road . Is there anyone here , Mr . Gillispie , do . you have something you would like to say to this , Bob , more to it? ROBERT W . GILLISPIE III : Not at this time , Mr. Chairman . I think I rather covered everything in the application . MR. CHAIRMAN : Is there anyone else that wishes to speak for it? ROBERT PAUL : Robert Paul , and I 'm against it . MR . CHAIRMAN : I guess it ' s your turn now then , sir. State your name-- ROBERT PAUL : My name is Paul , Robert Paul . I bound . the property on his west side . He is on my east . We ' re adjoining property. Well , I take exception to begin with that _ twill not change the character of the land. I believe it will change it drastically . It will invade on my privacy , and I ' m afraid of Page 11 Southold Town Board of Appeals February 12 , 1981 Regular Meeting (Mr . Paul continued : ) a future health problem as the water , the whole land slopes down toward the Bay from there , and hips cesspools will be north of my drinking water , and mainly , the road that is presently serving as access .is a little narrow dirt road . Now presently it ' s serving nine families . and is in constant state of disrepair. I understand there have been four lots on the north side of the private road already sold and waiting for occupancy or future building . This will add. to 13 people to that same little dirt road . Now Mr. Bayley wants to add two more , to 15. The road by then will be impassible at times with the traffic it has to support , that it ' s not supporting now with nine . Now I don ' t like getting into this dispute with my neighbor -- I don ' t like relationships like this , but I feel it ' s encroaching upon me enough to'. warrant my objection to this granting of the right-of-way so he can build his lots . As for the hardship , I don ' t know how Mr. Bayley is involved in this financially , but he bought the property as one piece of property. And I believe that understanding. And anyway it was bought as that . I have offered to buy 20 feet on my line on a sum that we would have to agree upon , this hasn ' t been discussed yet , I have offered to buy 20 feet running from the Bay up to the private road which he has turned me down on . Again I think it ' s going to jeopardize the ,.whole character of the land , and second my privacy. I believe that states my case . Thank you . MR. CHAIRMAN : Thank you , Mr . Paul . Anyone else to speak against it? Yes , sir. ROBERT BAYLEY : My name is Robert Bayley , and I ' m the owner of the property in question . I ' d just like to say in answer to the Board and...al.so to my neighbor that if I chose to sell this property , which I probably will do , he ' s welcome to buy it , and I ' d be happy to sell it to him . In. fact I ' d be even more happy if he bought it and nobody built on it , because I too would like to see this property stay^iuideveloped , or should we say in the state it ' s in right now. If my -neighbor does not care to buy it and if I do sell it , I do plan to restrict the location of the house for several reason.s : one , that I think the house that was built on this property should,- be at more than the minimal distance from both my house and my neighbor , Mr. Paul , and I also think that with two acres , this is 1 . 9 , I think that within two acres there ' s enough leeway so that we can locate the house with . su.f.fi - cient clearance from the other house , which is just the two of US . MR. CHAIRMAN : Thank you , Mr . Bayley. Yes ? . ROBERT W. GILLISPIE , III : I would like to add that this proposed lot , which is almost 1 . 9 acres is more than twice the minimum requirements of square footage for a building lot in this Town , and I think the Board of Health would bear up the fact that Page 12 Southold Town Board of Appeals February 12 , 1981 Regular Meeting (Mr . Gillispie continued : ) that would be more than sufficient area in which to filtrate waste from any dwelling-so that it shouldn ' t bother Mr . Paul ' s drinking water. MR . CHAIRMAN : Thahk: you . MR. PAUL : I would like to add I believe that ' s an assumption and not proven in':this case where there is such a downhill area . He ' s assuming that it will not bother my drinking water , or even his as far as that goes . MR. CHAIRMAN : Well that ' s something I don ' t think any of us in here can-- MR . PAUL : I 'm not arguing that point , but as far as my buying that piece of property , I would assume that it would work on the direction of widening my line , which is a very narrow lot -- I guess only about eight feet wide . I have more to gain myself by widening of the 100 ' lot . MR . CHAIRMAN : Does anyone else have anything they would like to say on this? Board members ? (Negative ) . Well , I ' d like to offer a resolution to-0osecjthe '�hearing and reserve deci - sion until we can study .this a little bit more . 0 MEMBER DOUGLASS : Seconded . On motion by Mr . Grigonis , seconded by Mr. Douglass , it was RESOLVED , to close the hearing and reserve decision in the matter of Robert 'T. Bayley , Appeal No . 2784 . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . After the hearing , Mr . Robert Paul asked whether he was required to sign a " Return Receipt" from the post office to,., acknowledge receipt of Mr . Bayley ' s Notice of Variance ; and Mr . Paul was advised that it was not required by the Code regu- lations . A PUBLIC HEARING : Appeal No . 2779 . Application of Michael Caprise , No . 8 the Pines , Old Westbury , NY for a Variance to the Zoning Ordinance , Art . III , Sec . 100-32 for permission to construct accessory building in frontyard area at 345 North View Drive (a/k/a 370 -..South View Drive ) , Orient , NY ; bounded north by North View Drive ; west by Robertson ; south by South Page 13 Southold Town Board of Appeals February 12 , 1981 Regular Meeting View Drive ; east by Wilson ; County Tax Map Item No . 1000-13-1 =9 . The Chairman opened the hearing at 8 : 57 p .m. by reading the appeal . application and related documents , legal notice of hearing and affidavits attesting to its 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 survey showing the property in question and County Tax Map showing this and the surrounding properties . This property is one':of the biggest once in the area down there . They are putting in a little shed 60 ' back from North View Drive , from the side 60 or 70 ' . Is there any- one here to speak against this application? Is there anyone wishing to speak at all ? ( Negative ) After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking a variance to construct an eight-foot by eight-foot storage shed in an area interpreted to be frontyard area , with a setback off North View Drive of not less than 60 feet , and a setback off the east property line . approximately 70 feet . Appe.l.lan-t' s property fronts on both the north and south sides by a Town approved road and is 2 . 37 acres in area . The Board finds and determines that the relief requested in relation to the Code requirements is not substantial ; that if the variance is granted no detriment to adjoining properties will be created ; that no adverse effect is produced on avail - able governmental facilities of any increased population ; that no substantial change will be produced in the character of the neighborhood ; that the circumstances present in this case are unique ; that strict application of the ordinance would produce unnecessary hardship or practical difficulty for applicant ; and that the interests of justice will be served- by granting the within variance . On motion by Mr . Douglass , seconded by Mr. Goehringer , it was RESOLVED , that Michael Caprise No . 8 the Pines , Old Westbury , NY be granted a variance as applied for , for permis- sion to construct storage shed in the frontyard area . Location of Property : 345 North View Drive (a/k/a 370 South View Drive ) , Orient , NY ; bounded north by North View Drive ; west by Robertson ; south by South View Drive ; east by Wilson ; County Tax Map Item No . 1000-13-1 -9 . Page 14 Southold Town Board of Appeals February 12 , 1981 Regular Meeting Vote of the. Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . The Board deliberated in closed session between 9 :03 p .m. and 9 : 35 p.m . The Chairman reconvened the regular open meeting at 9 :35 p .m . RESERVED DECISION : Appeal . No . 2781 . Application of James D ' Aquisto , by R . B . Hudson as agent , 136 Front Street , Greenport , NY for a Variance to the Zoning Ordinance., Art . III , Sec . 100-32 . for permission to construct accessory building in frontyard at 3235 Manhasset Avenue , Greenport , NY ; bounded north by Reinfurt ; west by Sorden ; south by Manhasset Avenue ; east by Pell ; County Tax Map Item No . 1000-43-1 -8 . After investigation and personal inspection , the Board finds and determines as follows : Appellant has appealed to this Board seeking a variance to permit the construction of a proposed two-car garage , 24-foot by 26-foot in the frontyard area with a setback of two feet from the easterly property line and four feet to the northerly property line . The premises in question is a parcel of land located on the northerly side of Manhas.set Avenue , Greenport ( County Tax Map District 1000 Section 43 Block 1 Lot 18 ) , having an area of 6 , 922 square feet and bounded northerly by Reinfurt ; west by Sorden ; south by Manhasset Avenue ; east by Pell . There are pre- sently existing on the lot a private one-family , one and one-half story dwelling , with an attached deck having a minimum area of 350 sq . ft . ; and the new structure applied for herein . The dwelling is set back 35 feet from Manhasset Avenue . The subject premises fronts along Manhasset Avenue 90 feet and is an average of 144 . 84 feet in depth . On September 25 , 1979 appellant ' s agent was issued a build- ing permit to construct a 24 ' by 24 ' two-car garage parallel to the easterly property line and with a setback of approximately eight .feet from the easterly side and approximately three feet from the westerly side and three feet from the northerly property line . On October 23 , 1980 the Building Inspector revoked the build- ing permit upon finding that the abutting property on the east side was a private right-of-way , placing the structure in the frontyard area which is not permitted under Art . III , Sec . 100-32 of the Code , and also upon finding that the structure had not been Page 15 Southold Town Board of Appeals February 12 , 1981 Regular Meeting constructed in accordance with the approved building permit for the following reasons : (a ) the structure had been increased in size ; (b ) the property setbacks were reduced ; (c ) plumbing facilities for bathroom and laundryroom were added ; (d ) the location of .the structure was changed . Upon inspection and investigation , the Board found all of the above to be true , and that also existing on the premises was a deck substantial in size , approximately 1 ffeet above ground , which ap- . parantly was constructed without a building permit , which was not shown on any of the surveys submitted with either the application for a building permit or variance herein , and which does cause the structures to exceed the maximum permitted lot coverage of 20% , Art . III , Sec . 100-31 . The Board has also found that the new struc- ture does not appear to meet the definition of a two-car garage as applied for , in that the structure has : (1 ) one door opening approximately six by six feet in size , rather than two openings ; (2 ) several window openings ; (3 ) a skylight dome ; (4 ) access for connection into the existing septic system for which an open trench leading from the septic system to the new structure has been dug ; (5 ) plumbing facilities 'ready for use . The Board finds and determines that the variance requested in relation to the Code requirements is substantial ; that if the variance is granted a substantial detriment to adjoining properties will be created ; that a substantial change will be produced in the character of the neighborhood ; and that the interests of justice will be served by denying the variance requested . On motion by Mr. Grigonis , seconded by Mr . Goehringer , it was RESOLVED , that James D ' Aquisto , by R .,B . Hudson as agent , be denied a variance to the Zoning Ordinance as applied for in Appeal No . 2781 . Location of Property : 3235 Manhasset Avenue , Greenport , NY . Vote of the Board : All Ares . * (Absent was : Mr. Doyen ) . RESERVED DECISION : Appeal No . 2777 . Application of Robert and Diane Gazza , 2850 Cedar Beach Road , Southold , New York for a Variance to the Zoning Ordinance , Art . III , Sec . 100-31 for per- mission to construct attached garage with an insufficient frontyard setback at 2850 Cedar Beach Road , Southold , NY ; bounded north by Cedar Beach Road ; west by D. Gazza ; south by Cedar Beach Harbor ; east by Cedar Beach Harbor and unknown ; County Tax Map Item No . 1000-91 -1 -3 . 2 . After investigation and personal inspection , the Board finds and determines as follows : Appellants have appealed to this Board seeking a variance for permission to construct a two-car garage with a frontyard setback off Cedar Beach Road of 37 feet and a sideyard setback off the easterly line of 15 feet , due to the closeness of the buildable area to tidal wetlands . Appellants have appealed previously to this Board in Appeal Page 16 Southold Town Board of Appeals February 12, 1981 Regular Meeting No . 2591 on August 16 , 1979 to construct a non-farm barn storage building on the adjacent parcel to the west of the property in question herein , which was approved on Septem- ber 6 , 1979 with conditions , and with a frontyard setback of approximately 45 ' off Cedar Beach Road. The Board also finds and determines that the relief requested is not substantial in relation to the Code require- ments ; that if the variance is granted no substantial detri - ment to adjoining properties will be created.; that no adverse effect will be produced on available governmental facilities of any increased population ; ,that no substantial change is produced in the character of the neighborhood ; that the hardship is unique ; and that the interests of justice will be served by granting the variance subject to the below specified conditions . On motion by Mr . Goehringer , seconded by Mr. Douglass , it was RESOLVED , that Robert and Diane Gazza , 2850 Cedar Beach Road , Southold , New York be granted permission to construct garage as applied for SUBJECT TO THE FOLLOWING CONDITIONS : ( 1 ) The proposed garage shall not be closer than 15 ' to the easterly property line ; (2 ) The proposed garage be a one-story structure ; (3 ) There be no living quarters within the garage ; (4 ) There be no plumbing facilities within the garage ; (5 ) The applicant must have received Department of Environ- mental Conservation approvals prior to the construction of the proposed- garage . Location of Property : 2850 Cedar Beach Road , Southold , NY ; County Tax Map Item . No . 1000-91 -1 -3 . 2 . Vote of the Board : Ayes : Messrs . . Grigonis , Douglass , Goeh- ringer and Sawicki .. Absent was : Mr . Doyen . Upon again discussing the matter of Robert T. Bayley , Appeal No . 2784 for approval of access to property located off the east side of South Harbor Road , Southold , it was the consen- sus of the members that a decision not be made until further research of the ownership of the right-of-way has been made , among other items . Page 17 Southold Town Board of Appeals February 12 , 1981 Regular Meeting Matter of Emanuel M. Kontokosta , by Richard F . Lark , Esq . , Appeal No . 2772 . WHEREAS , this Board has under consideration an application of Emanuel M. Kontokosta dated December. 23 , 1980 requesting per- mission to : 1 construct a 58 boat man-made marina approxi - mately 420 ' by 120 ' and 9 ' deep ; (2 ) construct 20 additional residential units rather than the 21 motel units which had originally been granted during January _1980..by this Board ; (3 ) amend site. plan as submitted herein ; all to be located at the west side of Sh.ipyar. d Lane , East. Mar.ion , New York ; WHEREAS , a large portion of the property in question is located in a V-5 Flood area and . a large portion of the property in question is located in an A-5 Flood area and. accordingly this Board makes the following determinations : On motion by Mr . Grigonis , seconded by Mr. Douglass , NOW, THEREFORE , be it' RESOLVED , that the Board of Appeals of the Town of Southold hereby declares itself lead agency in the subject application dated December 2.3 , 1980 an.d determines that this project is a Type I Action as proposed herein and thereby subject to the requirements of the State Environmental Quality Review Act (SEQRA) ; and BE IT FURTHER RESOLVED , that the Clerk of this Board is hereby directed and authorized to coordinate review with any and all other agencies which may be involved . Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . Matter of Robert J . Piscioneri , Appeal No . 2696 , Application dated April 18 , 1980 . WHEREAS , this Board has received correspondence from Mr. Robert Piscioneri for R . J . Piscioneri and S . Goldman concerning the above appeal , requesting that their application be withdrawn , NOW , THEREFORE , BE IT RESOLVED , that the application of R . Piscioneri and S. Goldman , Appeal No . 2696 , be withdrawn without prejudice . Vote of the Board : Ayes.: Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . Page 18 Southold Town Board of Appeals February 12 , 1981- Regular Meeting On motion by Mr. Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the following appeals be scheduled and adver- tised for public hearings to be held at the next regular meeting of this Board , to wit , Thursday , March 5 , 1981 at the Southold Town Hall , Main Road , Southold , New York : 7 : 30 p .m . Appeal No . 2782 - Pietrodangelo , John & Mary . 7 :45 p .m . Appeal No . 2786 - Schlumpf , Richard A. & Janet J . 7 : 55 p .m . Appeal No . 2783 - DeBorger , Thomas J . 8 :05 p .m . Appeal No . 2787 - Frederick Cowan & Co . 8 : 20 p .m . Appeal No . 2785 - Brac , Leo and Lillian 8 : 30 p .m . Appeal No . 2776 - Rich , Frederic P. 8 :35 p .m . Appeal No . 2684 - North Fork Motel , Inc. Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer an.d Sawicki . Absent was : Mr. Doyen . Appeal No . 2782 - Pietrodangelo , John and Mary. WHEREAS , applicant (s ) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment if this project is imple- mented as planned ; and WHEREAS , the property in question is not located within 300 feet of tidal wetlands ; On motion by Mr. Douglass , seconded by Mr. Grigonis , NOW , THEREFORE , be it RESOLVED , that in Appeal No . 2782 , application of John and Mary Pietrodangelo for a Variance for permission to operate a retail flower shop on first floor of existing building in an A-Res . and Agr . District located at 52340 Main Road , ( S . R . 25 ) Southold , Town of Southold , New York , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the N'0 . S . Environ- mental Quality Review Act ( SEQRA) , Sections 617 . 13 and 617 . 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Page 19 Southold Town Board of Appeals February 12 , 1981 Regular Meeting Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . Appeal No. 2783 - Thomas. J . DeBorger . WHEREAS , applicant (s ) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; and WHEREAS , the property in question is separated from tidal wetlands area by approximately 300 feet ofiland area and a 50-ft . private town-approved road. and the N . Y . S . Department of Environ- mental Conservation advises that it would not fall within their jurisdiction and therefore comments were not solicited ; On motion by Mr. Douglass , seconded by Mr. Grigonis , NOW , THEREFORE , be it RESOLVED , that in Appeal No . 2783 , application of Thomas J . DeBorger for a Variance to the Zoning Ordinance ; Art . III , Sec . 100-31 for permission to change division line between Lots 295 anal 296 to run generally north and south rather than present east and west direction at 945 Broadwaters_ Rd . (a/k/a 100 Wunneweta Road ) , Cutchogue , NY ; Nass . Pt . Prop . Subd . Map No . 156 , Lots 295 and 296 , County Tax Map No . 1000-104-11 -9 , this Board determines that this project if implemented as planned herein is. classified as .a Type II Action , not having a significant effect upon the environment ; and pursuant to the N . Y . S . Environ- mental .. Qual.ity Review Act. ( SEQRA) , Sections 617 . 13 and 61.7 . 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . Appeal No . 27.86 - Richard A. and Janet. J.. Schlumpf.. WHEREAS , applicant (s ) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment if this project is imple- mented as planned ; On motion by Mr. Douglass , seconded by Mr . Grigonis , NOW , THEREFORE , be it RESOLVED , that in Appeal No . 2786 , ' Page 20 Southold Town Board of Appeals February 12 , 1981 Regular Meeting application of Richard . A. and Janet J . Schlumpf , for a Variance to the Zoning Ordinance , Art . III , Sec . 100-31 for approval of the reduction of the area and width of a parcel of land , to provide additional access to a second (rear ) parcel of land located at the east side of Indian Neck Lane , Peconic , Town of Southold , New York , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the N . Y . S . Environ- mental Quality Review Act (SEQRA) , Sections 617 . 13 and 617 . 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr . Doyen . Appeal No . 2787 . Application of Frederick Cowan & Co . , Inc . WHEREAS , applicant (s ) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; and WHEREAS , the property in question is not located within 300 feet of tidal wetlands area ; On motion by Mr . Douglass , seconded by Mr. Grigonis , NOW , THEREFORE , be it RESOLVED , that in. Appeal No . 2787 , application of Frederick Cowan and Company , Inc . , for a Variance to the Zoning Ordinance , Art . VII , Sec . 100-70A for permission to conduct an indust.r.ial -type business (equipment designing and fabricating ) in a B-1 Business District at the northwest corner of North Street and School House Road , Cutchogue., New York , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the N . Y . S . Environ- mental Quality Review Act (SEQRA ) , Sections 617 . 13 and 617 . 5 (a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Vote of the Board : Ayes : Mess.rs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . ` Page 21 Southold Town Board of Appeals Fe.bruary 12 , 1981 Regular Meeting Appeal No . 2785 - Leo and Lillian Brac . WHEREAS , applicant (s ) have submitted an environmental assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment ; On motion by Mr . Douglass , seconded by Mr . Grigonis , NOW , THEREFORE , be it RESOLVED , that in Appeal No . 2785 , application of Leo F. and Lillian Brac , for a Variance to change lot line between Lots 49 and 50 at Nassau Point , filed Map No . 806 , this Board determines that this project if implemented a.s planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the N .Y . S . Environ- mental Quality Review Act ( SEQRA) , Sections 617 . 13 and 617 . 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. . Doyen . Appeal No . 2776 . - Frederic P . Rich . WHEREAS , applicant (s ) have submitted an environmen.tal assess- ment in the short form which indicates that no adverse effects were likely to occur to the environment , if this project is imple- mented as planned herein ; On motion by Mr . Douglass , seconded by Mr. Grigonis , NOW , THEREFORE , be it RESOLVED , that in Appeal No . 2776 , application of Frederic P . Rich for a Variance to the Zoning Ordinance , Art . :; III , Sec . 100-31 . for approvalI:,of _-Jnsufficient area and width of two proposed parcels each with a residence located at Hobart Road , Southold , NY (1000-64-3-2 ) , this Board determines that this project if implemented as planned herein is classified as a Type II Action , not having a significant effect upon the environment ; and pursuant to the N . Y . S . Environ- mental Quality Review Act (SEQRA ) , Sections 617 . 13 and 617 . 5 ( a ) , and the Southold Town Code , Section 44-4 , no further determination or procedure is required by this department concerning the SEQRA standards of process . [This declaration should not be considered a determination made for any other department or agency which may also be involved , or any other project not covered by the within application . ] Page 22 Southold Town Board of Appeals February 12 , 1981 Regular Meeting Vote of the Board : Ayes : Messrs . Grigonis , Douglass , Goeh- ringer and Sawicki . Absent was : Mr. Doyen . Being there was no further business to come before the Board at this time , motion was made by Mr . Douglass , seconded by Mr. Grigonis , and carried , to declare the meeting adjourned at approxi - mately 10 :05 o ' clock p .m. Respectfully submitted , Linda F . Kowalski Secretary Southold Town Board of Appeals APPROVED isqf B Chairman oard A' pea ' A 01°CFIVFD AND FITFD BY TFIE SOU i"HOLD TOWN CLERK DA ��ll�) SOUR 1 dfa�✓�• d.......... �� Town Clerk, Town of Southold