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HomeMy WebLinkAboutZBA-10/15/1981 �oS�FFo�r�oG C:3 Southold Town Board of Appeals • MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHARLES GRIGONIS,JR. , Chairman SERGE DOYEN, JR. ROBERT J. DOUGLASS M I N. U T E S JOSEPH H. SAWICKI — — — — — — — REGULAR MEETING OCTOBER 15, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, October 15, 1981 at 7 :15 o' clock p.m. at the Southold Town Hall , Main-Road, Southold, New York 11971. Present were: Charles Grigonis, Jr. , Chairman; Serge Doyen, Jr. ; Robert J. Douglass; Gerard P. Goehringer'; Joseph H. Sawicki. Also present were: Mrs. Shirley Bachrach., LWV; Mr. Henry Lytle, Southold=Peconic Seniors Club. The Chairman called the meeting to order at 7 :15 p.m. PUBLIC HEARING: Appeal No. 2898. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the fr.ontyard area at. 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. . 1000-26- 1-27. The Chairman opened the hearing at approximately 7 :17 p.m. by reading the. appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the . Building Inspector, and letter from the Town, Clerk that notifica- tion to adjoining property owners was made; fee paid $15. 00 . MR. CHAIRMAN: Mr. King, do you have anything you would like to add? You have covered it pretty well. CARL H. KING: I have nothing more. MR. CHAIRMAN: Anyone to speak against it? (None) Southold Town Board of Appeals -2- October 15 , 1981 Regular ! Meeting MEMBER DOUGLASS: At the rate you're growing, Carl, is that going to be big enough. I don' t mean you personally ! I 'm mean your stuff, and your grandchildren. MR. KING: I would say so. MEMBER DOUGLASS: And it' s not going to be any closer to the property line than the barn that is ' already there. MR. KING: It won't be as close. It' ll be further away. It' ll be in line with the front end of the present barn that' s there. The Board made the following findings and determination: Appellant has appealed to this Board seeking permission to construct a 10 ' by 15 ' storage building in the frontyard area immediately to the south of the existing barn and set back from the easterly property line of five feet. The lot in question has unique character in that the premises fronts Navy Street at the northerly end and fronts King Street at the southerly end. Existing on the premises are a one-family, two-story frame house, small privy, accessory barn 11 feet from Navy Street, and fences. The Board agrees with the reasoning of appellants . In considering this appeal, the board determines that the variance request is not substantial in relation to the code re- quirements; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method,. feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in. harmony with and promote the general purposes of the zoning code; and that the .interests of justice will be served by allowing the variance. On motion by Mr. - Grigonis , seconded by Mr. Sawicki, it was RESOLVED, that Carl H. King be granted the relief requested in Appeal No. 2898 , to construct accessory building in the frontyard area as applied for. Location of Property: 350 King Street (a/k/a 355 Navy Street) , Orient, NY; County Tax Map Parcel Item No. 1000-26-1-27. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals -3- October 15 , 1981 Regular Meeting PUBLIC HEARING: Appeal No. 2894., Application of Pequash Recrea- tion Club, Inc. , Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq. ) fora Variance to the Zoning Ordinance, Article III , Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property: 205 West Road, Cutchogue, NY; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; south- east by Cutchogue-New Suffolk Park District; County Tax Map Parcel Item No. 1000-110-7-12. The Chairman opened the hearing at approximately 7 : 23 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector , and letter from the Town Clerk that notifica- tion to adjoining property. owners was made; fee paid $15. 00 . MR. CHAIRMAN: Mr. Lark, do you have anything you would like to add to it? RICHARD F. LARK, ESQ. : No. I think the petition -- I have Mr. Henderson here in case there was a question of Pequash, but the , I guess , about four or five years ago the Park District fenced their property. And after they had fenced it, if you've been down in that area, the only way, especially the young people, the kids in the summertime , have to get to the most convenient way to get to the beaches, to cut right through this property of the Pequash Club, and on the way they had done their little damage. It appears from anywhere from ripped shingles on the roof, which we've had to replace sections of to graffitti on the walls. It' s just a natural flow-through for them. The Park District by putting their fence was able to shunt off the traffic, sort of speak, over onto our property. This, by fencing it, won' t deprive people access to the beach because those that have lawful use to go to the beach, and when the Park District is closed, can still use the end of Pequash Avenue, the foot of that -road, which is the property over from ours. But the main problem is that every time the residents would cooperate and tried to help us catch the vandals or do something, they' re gone. And it' s always the ques- tion of who' s authorized and who' s not authorized .to be there. Now it' s going to be pretty clear if you will allow us to put up the fence, that to be inside there you've had to have permission from somebody because it' s going to be locked and just the members will have a key, and that' s the intent of it. We do know the zoning requirements only call for a four foot in the frontyard, which is this; and that would be virtually worthless because of the, as you know, if you've been there, the road since about four feet higher, then the property dips down and you could just step merely from the edge of the roadway on the top of the fence and walk over. This will make it a little more difficult, and our experience has been with .the Park District is, that it worked out fairly well. And so that was the reason for the one foot differ- ential of the five-foot application. And as I say, it would go 1 , Southold Town Board of Appeals -4- October 15 , 1981 Regular Y Meeting (Appeal No. 2894 - Pequash Recreation Club, Inc. , continued: ) MR. LARK continued: right across the property, as you have on the sketch, and it would blend in there. I don't think it' ll be any difficulties with it. But the ordinance does require us to get a variance. It' s one of those technical things that you have to get. So, unless you have any questions -- if you've been down there, and seen it, then you know the problem. That' s the reason for it. And this has been about two years in the making. This is the last thing the members wanted to do, is to fence it. But you just get tired of replacing the roof , the shingles and everything else. We' re going to try this , and hopefully at least now, somebody' s in there, they' ll have to explain themselves. Whereas before, what do you do, it' s so busy. You don' t know what' s going on, you know, and you hate to challenge anybody. So that' s the reason for it. Jim; do you have anything you wanted to add? JIM HENDERSON: Last Sunday, there was a fire at the Pequash Club at the grounds , and we almost lost the club house. They did call the fire department. But I think it would be- well worthwhile to have it fenced. MR. CHAIRMAN: Yeah, something like that really makes you think about it. Does anyone else wish to speak for this? Anyone to speak against it? Joe? Bob? Any questions? MEMBER DOUGLASS: I ' ll make a motion that it be granted as requested. MEMBER GOEHRINGER: Second. The board made the following findings and determination: By this appeal , appellant seeks permission to construct a five-foot high fence in the frontyard of premises located at the south side of West Road, Cutchogue. Appellant asserts that the subject club property has been subjected to trespassing and van- dalism, for which outdoor lighting and increased police protection has not eliminated. Section 100-35 of the Code permits the erec- tion of fences in the frontyard area when the same does not exceed four feet in height. It is the opinion of the board that the within circumstances are quite unique and the board does agree with appellant' s reasoning. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot, be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental faci- lities of any increased population; that the relief requested .will be in harmony with and promote the general purposes of .the zoning s Southold Town Board of Appeals -5- October 15 , 1981 Regular Meeting (Appeal No. 2894 - Pequash Recreation Club, Inc. , continued: ) code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a variance be allowed as applied for in Appeal No. 2894 , application of Pequash Recreation Club, Inc. Location of Property: West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-12 . Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2884 . Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickham; west by H. Wickham; County Tax Map Parcel No. 1000-117-3-1 . The Chairman opened the hearing at approximately 7 :30 p.m. by -reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the " Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15. 00 . MR. CHAIRMAN: Is there anybody that would like to add any- thing to this application? Anyone against this application? Any questions? (None) . MR. CHAIRMAN: I' ll make a motion approving this subject to the usual ZBA road improvement requirements. MEMBER SAWICKI : Second. (The chairman gave Mrs. Wickham a copy of the ZBA require- ments for road improvements. ) The board made the following findings and determination: ? ' Southold Town Board of Appeals -6- October 15 , 1981 Regular Meeting By this appeal , appellant seeks approval of access pursuant to New York Town Law, Section 280-A over an existing right-of-way 20 feet in width and extending east and then north off Old Harbor Road, Cutchogue. The premises to which this proposed access is to traverse contains an existing one-family, 12-story frame dwelling with garage, patio and porch, and small beach shed. Appellant is proposing to construct an addition to the existing dwelling,. for which the building inspector has turned down because of no approved access. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance- no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects. will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, -that a variance be allowed as applied for in Appeal No. 2884 , application of Virginia .L. Wickham, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Such access road must. have a width of not less than 15 feet and be cleared of all trees , brush and other obstructions to a width of 15 feet. 2. Such access road shall be improved in either of the following two methods: (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency and other vehicles. Such stone blend .may be either applied to the ground surface and shaped, or the sur- face may be excavated to permit the application of packed blend to a depth of four inches , OR (b) Have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend, or in the alternative oiled with a minimum of four-tenths of a gallon of road oil per square yard. 3. No certificate of occupancy shall be issued for the construction of any buildings or structures, or any existing ,/buildings or structures, on the premises to which this access v ► ,r Southold Town Board of Appeals -7- October 15, 1981 Regular Meeting (Appeal No. 2884 - Virginia L. Wickham continued: ) is referred .until all of the conditions set forth herein have been complied with. .4. Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such . drainage- facilities as may be recommended. by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector, as to meeting the above requirements. Location of Property : 105 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel Item No. 1000-117-3-1. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. On motion by Mr. Douglass, seconded by Mr. . Goehringer, it was RESOLVED, to approve the Minutes of the August 12, 1981 Special Meeting of this board, to approve the May 22, 1981 Special. Meeting minutes of this board, and to approve the July 9, 1981 Regular Meeting minutes of this board. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. PUBLIC HEARING.: Appeal No. 2882 . Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, .for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to build a new house with insufficient front and rear yard areas at 435 Cleaves Point. Road (a/k/a 1945 East Gillette Drive) , East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038 , Lot No. 83;' further identified as County Tax Map Parcel Item No. 1000-38-4-27. The Chairman opened the hearing at approximately 7 :40 p.m. by reading the appeal application .in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers , Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15. 00 . 1 f Southold Town Board of Appeals -8- October 15, 1981 Regular Meeting (Appeal No. 2882 - Toba Laja Orro, continued : ) MR. CHAIRMAN: We have a copy of the survey and the County Tax Map showing this property and the surrounding properties. Is there anything you would like to add on this application? (Nothing was added) Is there anyone to speak against this application? (None) On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2882 , application of Toba Laja Orro. Vote of the Board: Ayes : Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. FL-7 . Application of Toba, Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Mar- ion, NY; Marion Manor Subdivision Filed Map No. 2038, Lot No. 83 ; further identified as County Tax Map Parcel Item No. 1000-38-4-27. The Chairman opened the hearing at approximately 7 : 50 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and- letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . MR. CHAIRMAN: On this sketch, Mr. Orro, it shows 8. 5 ' in one corner and 6 . 7 ' at another side of the building. Then there' s a 7. 3 , but it' s setoff away from the building -- oh wait a minute, I guess it' s 8 . 5 on the side. The 7. 1 , is that the bottom of the cellar? MR. ORRO: The bottom of the cellar with the 3 . 75 above sea level . The building construction itself was to be 10 . 75 above sea level. It' s way above the 8 point. Now it says basement and cellar, but actually it' s just for storage and I have an additional drawing here showing barrels filled with rocks would be stored, and solar heat will be just blown and stored. Did you want to see that? MR. CHAIRMAN: Yes. Could you bring it up? MR. ORRO: I have also a model here. Now this is facing southeast and south, and this is the solar house, and green house . The solar heat will be created here and .in the floor in the greenhouse, and the problem is always how to store it because as soon as the sun goes down it starts to go through the roof. So I did the storage area under the house and it' s well insulated. We went to .see the house in Brookhaven Laboratories , a d i Southold Town Board of Appeals -9- October 15 , 1981 (Appeal No. FL-7 - Toba Laja Orro, continued: ) solar house, where they have the same idea, but they started in a different way. That' s always the problem, how to keep it from disappearing. MEMBER GOEHRINGER: What is the size of the house, the square footage, Mr. Orro? IT MR. ORRO: Oh, I had 'some place. But I don' t know. But this wing is almost -- you know, it' s just garage, and this will create a ( ) . I don' t know. So, I will use the height of the area under the house, because it' s not suitable for anything else. It' s only 616" high now and will be concrete, and there is no opening in that area. There wouldn' t be any high water. No I was there by myself, when..Hurricane Belle was here. At that time they really said you would have to evacuate because the water is coming up and I was the height of the hurricane at midnight, and it never came into the parking area. (Remainder statements were not audible. ) MEMBER ,GOEHRINGER: The actual foundation wall will be 6 ' 6 , is that what you' re saying? MR. ORRO: Right. MEMBER GOEHRINGER: Ok. And a certain portion. of that founda- tion will come out of the ground, that' s this part right here. MR. ORRO: Yes. The ground level right now is 8 . 5 , at the 10 . 25 , so it' s about two feet above the ground. Don' t you have that? MR. CHAIRMAN: Yes, I'm pretty sure we have that in the file. Yes. MR. ORRO: This I worked out with the building inspector , Mr. Fisher. MEMBER DOYEN: That will be exclusively for the rock? MR. ORRO: Well, either rocks and sand in barrels. MEMBER GOEHRINGER: How else is the house going to be heated? MR. ORRO : No other heat. There is going to be a wood-burning stove here; Right here centrally located. MEMBER GOEHRINGER: There will be no electric heat back-up or anything? MR. ORRO: Not installed. If that should be necessary we could plug it in. Wood-burning and coal-burning combinations. Well I am going to have 220-volt system in the house. It' s all built in such a way that this area can be closed off , so it' s only going to be living where the kitchen, dining and bedroom areas. J � t Southold Town Board of Appeals -10- October 15, 1981 (Appeal No. FL-7 - Toba Laja Orro, continued : ) MEMBER DOUGLASS: May I ask you a question? MR. ORRO: Yes. MEMBER DOUGLASS : What if you build this this way, what, have you taken into consideration in case you ever did get water in that storage area of getting it out? MR. ORRO: Well , one way .to get it out quick there should be a pump system there. If it just would drain out slowly, I would leave one part of the basement floor open. MEMBER DOUGLASS: Yeah, but when you have something that goes below the flood plain, it' s supposed to be waterproof construction. MR. ORRO: All the construction is above any danger zone, on the wood, or beams or anything. MEMBER DOUGLASS: Well it won' t be if you' re granted this. MR. ORRO: Well there is nothing going to be that water can damage in the basement. There is only barrels with rocks which, and the hot water storage unit will be also there. Now if you would recommend, I would have a pump, sump pump put in. But as far as I know, there was never any, ever, it might maybe one day come very high. MEMBER DOUGLASS : The ' 38 one went up there. MR. ORRO : But they say it went up the street. Now my land is much higher, .but then it falls off way down on the Gardiner' s Bay Estates area, there is a -- MEMBER DOUGLASS: Ken Thornhill ' s hollow there. MR. ORRO: Thornhill, and then there is a road, and planned road, actually it is a right-of-way which will never be built. It' s all very low. So any water that might have come was maybe, would be in that area. But on the street when it came, very little. But nobody remembers. MEMBER DOUGLASS : I remember the 138 one. MR. ORRO: I talked to Mr. Egert who used to live there, and he said .only once maybe came a little on the street in the parking lot MEMBER DOUGLASS : Other than that ' 38 one, we've never had any that had real severe tides. MR. CHAIRMAN: That' s going to be cement floor in there? MR. ORRO: Yes. That' s what I plan. Reinforced cement. { Southold Town Board of Appeals -11- October 15 , 1981 p 4' (Appeal No. FL-7- Toba Laja Orro , continued: ) MR. CHAIRMAN : Thank you very much, Mr. Orro. Is there anyone else to speak in favor of this? Anyone to speak against it? Any questions? (None) MEMBER DOUGLASS : I' ll make a motion that we close the hearing and reserve decision. MR. CHAIRMAN: Second. On motion by Mr . Douglass, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. FL-7 , matter of Toba Laja Orro. Vote of the Board: Ayes: Grigonis, -Douglass, Doyen, Goeh- ringer and Sawicki. REHEARING: . Appeal No. 2784 . Application of Robert T. Bayley_, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent) , for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; south by the bay; east by Ballenger; County Tax Map -Parcel Item No. 1000-87-1-21. The Chairman opened the hearinq at approximately 8 : 01 p.m. by reading 'Mr. Bayley' s reasons ;for a g , rehearing', '= legal notice of hearing and aftidavits attesting to its publication in. the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00. MR. CHAIRMAN: Do you have anything you would like to add, Mr. Bayley? ROBERT T. BAYLEY: It' s really very plain. MR. CHAIRMAN: Anyone here to speak against the application? (None) Do you gentlemen have any questions? (None) How much is your actual right-of-way that you've been granted? Well , you say you don 't have the 15 feet that other people have. MR. BAYLEY: My particular survey shows, unfortunately it ' s not dimentioned but it ' s to scale eight feet, and I would assume that if one were to bring it up to a legal court and talk about the actual width, they would take it off the survey, and it shows there' s eight feet. I understand that other people who have houses on the same road that I do there are 10 families along there, ten families living there, but additional families have built. But other families have greater right-of-way width than I do, so theoretically they could make improvements that ✓ I couldn't make. I think I mentioned that in my letter to Mr. Southold Town Board of Appeals -12- October 15 , 1981 (Appeal No. 2784 - .Robert T. Bayley, continued: ) MR. BAYLEY continued: Lavinia has a wider right-of-way, legal, that is , than I do. The actual road itself is only eight feet wide , as I mentioned in my letter the road is constructed in such a way that to widen it would be extremely difficult. It' s literally in a trench or canyon for the first say, 100 feet. It' s entire length is tightly reigned in by trees. MR. CHAIRMAN: Yeah, we've been down there several times. A copy of the deed we have, we can' t seem to find anything in there about eight feet. MR. BAYLEY: 'The deed itself, as far as I know, it doesn' t mention dimensions. It doesn' t say eight feet. It doesn' t say 12 feet. It says I have a right-of-way over the existing road. Well the existing road is an eight-foot road. On the survey there is , of course, visual information and that is to scale eight feet. The survey is just that and nothing more than a graph. MEMBER GOEHRINGER: Would you please come up for a minute? You say that 100 feet or first 700 feet? MR. BAYLEY: Well the actual road itself, that is , I'm talking about the physical road is at its most narrow point, I would say, it' s nothing more than 100 to 200 feet here. I don' t know if this scale is -- MEMBER GOEHRINGER: Fifty foot to an inch. MR. BAYLEY: So that would be, I would say , three neighbors , there are roughly four people that own houses along here, the beginning of the road .is absolutely so hemmed in and so restrictive that it would be -- I don' t think it would physically be -- of course it' s physically possible if you came in there and spent $50 ,000 and literally moved a lot, but it would cost something in the neighborhood I think. Well maybe $50 ,000 is high, but I think it would cost in the neighborhood of $30, 000 if one could widen the road. Now, as I said before because of the fact that I don't on my deeds own this property , all I have is the right to use another person' s land. The only way I could interpret this, and I talked to an attorney about it, is that I can only use that portion which is traveled. I .only have the right to maintain it, if I wish to. It so happens that I'm also in charge of maintenance for the roads because I 'm a relative newcomer on the road and I volunteered, so I called a contractor to grade it .every year, and he can only touch that portion which we, that is myself and others , have the right to use, which is the road itself . MEMBER DOUGLASS : It shows 20 .feet on that survey, doesn' t it? MEMBER GOEHRINGER: That was LaVinia' s, Bob. 1 t Southold Town Board of Appeals -13- October 15 , 1981 (Appeal No. 2784 - Robert T. Bayley, continued: ) MR. BAYLEY: Well it' s owned by a series of people along here, I would think. I 'm not sure actually. This is 82 inches, so that' s roughly I 'd say 4001 . MEMBER GOEHRINGER: You see, I don 't know where that 700 ' line is shown, where does that start and where does that end? I guess from here to here. MR. BAYLEY: I would think. so. To the property. It'.s just about 700 from here to here. This is 300 , oh this is 400 feet here. This is about, that' s right, so the 700 is referring from here to here, near the arrows. There are one, two, three, four property owners from here to here . MEMBER GOEHRINGER: We've been there several times. MR. BAYLEY: The road varies in width. That' s the problem. It' s very narrow here, and then over here it' s wide. Here there' s no problem widening it. MEMBER GOEHRINGER: Ok, thank you very much. MR. CHAIRMAN: Any more questions? (None) I' ll offer a resolution closing the hearing and reserving decision until later. MEMBER DOUGLASS : Second. On motion by Mr. Grigonis , seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2784 , rehearing of Robert T. Bayley. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2883 . Application of Nina S. Fischer, Indian Neck Lane, Peconic , NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic, NY; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz; County Tax Map Parcel No. 1000-86-7-8 . The Chairman opened the hearing at approximately 8 : 14 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . MR. CHAIRMAN: Is there someone here to speak in favor of this? (Mrs. Fischer was present but had nothing more to add. ) No other comments were made. I ' ll make a motion approving this as applied for. t Southold Town Board of Appeals -14- October 15, 1981 Regular Meeting MEMBER GOEHRINGER: Second. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an addition to living room area of existing one-family dwelling, with dimensions of 14' by 24 ' , leaving an. insufficient sideyard setback of approximately nine. feet. Upon personal inspection of the .premises, the Board finds an existing accessory garage in the frontyard area approximately 10 feet from the easterly side line. It is the opinion of the Board that an insufficient sideyard ar.ea'. is...uexisting, and.. the area proposed by appellant is the most practical and feasible. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment . to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, that a variance be allowed as applied for in Appeal No. 2883, application of Nina S. Fischer. Location of Property: 7130 Indian Neck Lane, Peconic, NY; County Tax Map Parcel Item No. 1000-86-7-8. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2888 . Application of Lenore Adamson, 55 Ships Drive, Southold, NY (Thomas F. Daly, Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. The Chairman opened the hearing at approximately 8 :20 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers , Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15. 00- Southold Town Board of Appeals -15- October 15 , 1981 (Appeal No. 2888 - Lenore Adamson, continued: ) MR. CHAIRMAN: We have a copy of the survey showing the proposed division. We also have a copy of .the County Tax Map showing this property and the surrounding properties. Is there anything you would like to add to the application, Mr. Daly? THOMAS DALY, ESQ. : It was put into Lee' s name alone for tax purposes back in 1968 or. so, and they didn't realize the fact that they were going to merge, whoever did it. They actually bought the lots separately. MR. CHAIRMAN: Thank you. . Is there anyone else to speak for this application? (None) Is there anyone to speak against it? (None) Do you gentlemen have any questions, Bob. MEMBER DOUGLASS : None. MR. CHAIRMAN: I ' ll offer a resolution granting this as applied for. The reasoning is that they will not change the area, the lots comply with the size in the surrounding area. MEMBER GOEHRINGER: Second. The board made the following findings and determination: (Continued on Page 16) f , � Southold Town Board of Appeals -16- October 15, 1981 Regular Meeting By this appeal, appellant requests approval of insufficient lot area of two proposed parcels located along the east side of North Road to Bayview, and along the southwesterly boundary of "Bayview Woods Estates" Subdivision, Southold. Proposed Parcel "A" is a:.co.rner lot situated at the intersection of North Bayview Road and Private Road and contains an area of approximately 26 ,850 square feet. Proposed Parcel "B" is. situated just north of Parcel "A" and contains an area of approximately 22,800 square feet. The lots .in the neighborhood are of similar size and shape. Appellant asserts that the parcels were purchased separately and prior to the change in zoning to 40 ,000 square feet. The Board recognizes the practical difficulties in that by not allowing the variance the property will be substantially larger than those. generally in the neighborhood. In considering this appeal , the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a variance to the zoning ordinance be allowed as applied for in Appeal No. 2888 , application of Lenore Adamson. Location of Property: North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10 . Vote of the Board: Ayes: Messrs. Doyen, Douglass , Goehringer, and Grigonis. (Member Sawicki was temporarily out of the room. ) PUBLIC HEARING: Appeal No. 2885. Application of Joseph L. Lizewski. (Continued on Page 17) Southold Town. Board of Appeals -17- October 15, 1981 PUBLIC HEADING: Appeal No. 2885. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr. , Esq. ) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct professional office building in an A- Residential and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000-102-2-12. 1 and 11 . The Chairman read the legal notice and the appeal application pertaining to reasons for this appeal. MR„ CHAIRMAN: Do you have something to add, Mr. Price, to what has been said in the application? WM. H. PRICE, JR. : Yes. Just for the record, my name is William H. Price Jr. I'm the attorney for the applicant and here is our petition. What my client proposes to do is to construct and maintain ' what we consider an attractive professional office building located on the Main Road in Cutchogue. I have submitted copies of the arch- itectural renditions -to this Board and at this time I would like my client, Dr. Lizewski, to say a few things; I may ask him a few questions as we go along to make sure that the record is properly presented -to this Board. DR. JOSEPH LIZEWSKI: I've been practicing for 13 years in Cutchogue. MR. CHAIRMAN: Would you use the mic, Doc, so the people behind you can hear you maybe. DR. LIZDATSK2: I've been practicing for 13 years in Cutchogue , and over the years I've watched the area very carefully hoping to move off of my office on Depot Lane which is ah area that's zoned Business for use, which is the only place that I found when I came out to Cutchogue that I could practice in, and there has been other professional people who come to the area, for example, Dick Lark, who's an attorney, who looked for almost a year and a half before he found a building that he could purchase. And I also realized that there's a, the professional buildings that have been built in Southold Town, there aren't any. Southold Town has never had a professional complex built for profession- als. It has had two-story dwellings, aloe of dental offices and professional `dffices have two stories and are built over liquor stores or other shops and it's not really convenient for older people. A one-story dwelling is a much preferred professional building. This is the only building that I know of in Southold Town that has been offered to people who, which is being built and constructed strictly for professional people. Southold Town' Board of Appeals -1?8- October 15, 1981 (DR. LIZEWSKI, CONT. ) : I also think that there are other doctors who have looked in the area and just simply cannot find a place in Cutchogue for, to-)set up a practice. The area certainly cannot deny that the need for doctors or other professionKs. It's an area that, we just never seem to have enough of them, and I think that by building a nice looking building, and having an access which this particular parcel of land does, on two,.,particular road fronts, certainly would add to Cutchogue and add to the area. And a building, one of -the main buildings that I would use, (phrase was inaudible) , is a home that is there. It's over 200 years old. Two hundred years old. Now for me to tape that, for instance, and construct just a dental office, tl.zs building has no cellar under it. It would be very difficult. it has been built up on corners with posts, but it has no cellar under it. Now, as a dentist, you would need gas, you' d need tremendous sewerage, you need air, air compressor, you need different things that would be very difficult to run and maintain underneath a building of this nature. So, for me to take and just use, utilize this building for professional use, as it stands right now, is a very expensive idea, and also almost foolish to try to take a 200 year old building .of this nature that has been, you know, rebuilt and rebuilt on the in- side and the outside, to where it would be of any great value to me. So, my feeling was to construct another office so. I could fi ally move to an office that was built just for me, which would be nice to I,.ve rather than taking a house or, that's what most of the profession- als have out here--they have a house and they put a few petitions in it here and there, what have you, and they convert it to a professional office, to an office. WM. H. PRICE, JR. : Excuse me. How much did you pay for the prop- erty that' s in question now? DR. .LIZE,%TSKI: 65 thousand dollars. NM. H. PRICE, JR. : How much property taxes do you pay on this property each year? DR. LIZEWSKI: , Well, this year it will change because I-- VIM. H. PRICE, JR. : How much did you pay in your last tax bill down-- DR. LIZEWSKI: I didn't have a tax bill. This is my first pay- ment on a bill. WTI. H. PRICE, JR. : How much will that be? �' DR. LIZEWSKI: Oh, I assume about °12 .hundred dollars. Southold Town Board of Appeals -19- October 15, 1981 WM. H. PRICE, JR. : And have you been making any profit whatsoever off of this property since you've owned it? DR. LIZEWSKI: We've made a profit off this property for a long time. WM. H. PRICE, JR. : As it is now, you have made no profit whatso- ever? DR. LIZEWSKI: Absolutely not, no. Not the way it stands. WM. H. PRICE'down Now, concerning the character of the neigh- borhood, going don Depot Lane, is it not true running from the rail- road south on Depot Lane, that you run across a cemetery, church., a current office and the Knights of Columbus hall? DR. LIZEWSKI: A bar. 11M. H. PRICE, JR. : Well, that's on the west side, you have the Blue Top, you have Gorman's, Patrick Gorman's. office there, and then you run into a school. DR. LIZEWSKI: Right. WM. H. PRICE, JR. : That's on Depot Lane, am I right? Now, going down the Main Road to the next intersection to the west, on the north side of the Main Road, do you not run into first a Shell Gasoline Station right across the street from your property? DR. LIZEWSKI: It's adjacent to it. WM. H. PRICE, JR. : Then a 7-Eleven Store. DR. LIZEWSKI: Yes. 11M. H. PRICE, JR. : Dick Lark's office, then the property that the Library is going to go into. DR. LIZEWSKI: Yes. WM. H. PRICE, JR. : Then you get into the commercial area of the hamlet in Cutchogue, right? DR. LIZEWSKI: Yes. WM. H. PRICE, JR. : On the other side of the street running from Depot Lane west, this being the south side of the Main Road, is the Southold Town Board of Appeals -20- October 15, 1981 (VdM.H. PRICE, JR. CONT. ): Four Sails Real Estate office-- DR. LIZEIPTSKI: It's across the street. VIM. H. PRICE, JR. : And Wickham's Fruit Stand, Fisherman's Rest- aurant with a Gift Shop, and then a liquor store and the bank. Is that right? DR. LI=ATSKI: Yes. NM. H. PRICE, JR. : Then ,on the Main Road going east you run_ into the A& Auto Repair Store and an antique shop before you get to Pequash Avenue? DR. LTZEWSKI: Yes. %tTM. H. PRICE, JR. : Is that right? DR. LIZL�1TSKI: That's right. 1-11M. H. PRICE, JR. : Alright. Now, I would '`,like to have Dr. Shamus Lynch come up and tell this Board a. little bit about his efforts, as a doctor, trying to find an office location in the vicinity of Cutchogue. DR. SHAM1JS LYNCH: Mr. Chairman, ladies and gentlemen, members of the Township, I've been out here, roughly 18 years, living in Cutchogue. And my practice was in New York City; I've been out here almost four years full -time. My specialty is anesthesiology as many people know. However, about a year ago, I was very anxious to go back to where I started from. That is -vyhat is called today--primary care physician_, or we can call it general practitioner. -from,-now on.-- I .was: .one of the first to bid on the court house building in Cutchogue. I lost out to the Cutchogue Free Library. I was very anxious to start my own practice of primary care, medical practice. And if you take, start from Orient Point and work westward, you will find, although vie have many doctors, all superb in their special- ties, the first general practitioner you come across, or primary care physician, is Dr. Hammond who leases in the professional building in Southold on the North Road. From there, you travel all the way past Jamesport almost to Aquebogue before you come to Dr. Badmajew, the only other primary care physician between Orient Point and Riverhead. I also sit on the Long Range Planning Committee at Eastern Long Island Hospital and their first priority is to get one to two primary care physicians in this Township. We are down that low. We have all kinds of internists, cardiologists, surgeons and whatnot; we just do Ji not have enough primary care physicians. I have made tremendous efforts Southold Town Board of Appeals -21- October 15, 1981 (DR, LYNCH, CONT. ) : to the local realtIT offices to find a location in which to establ.2.sh a primary care facility or a general practice office. I have been absolutely and totally unable to do this. I_ only met Dr. Lizei.�iski in person three weeks ago and I was basically shuffled to him by a. real estate agent in frustration, knowing that he was proposing this particular building® I have been offered space in the Mattituck Shopping C.6nter which I don't think is the location for a primary care physician, and also on Pikers Peak in Mattituck which also is an extremely business area, not the area for a practice of general, primary care, care of patients. Out here, naturally, you expect 50 to 550/0 of your patients to be, certainly in the senior citizenship age group® They don't like the hustle and bustle of this sort of office practice; they're looking for a more rural, easy-going way of doing it, When I say Dr. Lizewski's plans the first time three weeks ago, I was quite impressed. I thought they were extraordinarily aesthetic (remainder of statement was inaudible) . I thought it would be .a. tremendous improvement, not alone in the heimlet of Cutchogue and New Suffolk, but a fine place for a practitioner such as myself or somebody else, where we can go in and lease. I have tried to buy, I have tried to lease. There is nothing available for me or my kind. Therefore, I just would like to ask the Board tonight to consider Dr. Lizewski's plans and request very .seriously in this light. Thank you very much. MR. CHAIRMAN .Than'k you. M. H. PRICE, JR. : Can I ask you one question, Dr. Lynch, before you leave? In your opinion as a medical professional in this area for the past 18 years, would the granting of this variance be in the furtherance of the public welfare in enabling more sites for medical Drofessionals to come into this area? DR. LYNCH: No, there's no question in my mind about this. I just happened to play some golf this afternoon with senior citizens. They had to travel to Riverhead, they had to travel to Greenport, and they are all Cutchogue residents. It makes no sense to me. We in Cutchogue have no place for doctors, for a professional building, and it's time we had one. Thank you very much. WM. H PRICE, JR. : Now, in summation;, you have heard the testi�- - mony concerning the character of the neighborhood, and you have heard the testimony, as to the lack of return that my client has had Up to par. The sole other element to be shown to you this evening is that this particular request is in the spirit of your zoning ordinance. As yoU:-.know, we talk about the health, safety and welfare of the public. Such a professional center would definitely further that objective. In this particular zone, the A-Residential Zone, my client could put in a veterinary hospital.. He could open a veterinarian office there. If there was water, he could put a marina in. . You'd have a school, Southold Town Board of Appeals -22- October 15, 1981 (WM. H. PRICE, JR. CONT. ): a hospital, a nursing home and the like. I believe that the use variance rea_uest this evening for a professional office building would be in keeping with the spirit of our ordinance. We allow professional offices as an accessory use and here we have a location on the main thoroughfare through -the hamlet of Cutchogue which would be ideal for such a use. It will not change the character of the neighborhood, we know, and I request that this evening, this Board grant the variance that we are requesting. Thank you. MR. CHA.IRMiAN: Thank you, Mr. Price. Is there anyone else to speak in favor of this? (There was no response. ) Anyone who wishes to speak against it? (There was no response. ) Any of the Board members have any further questions you'd like to ask? (Negative) I'll offer a resolution closing the hearing and reserving decision-- WM. H. PRICE, JR. : There's a question, Mr. Chairman, 1JR. CHAIRMAN: Oh, excuse me. MRS. BACHRACH: Does that plan have a place for parking? MR. CHAIRMAN: Yes. He has two acres or something like that of property there. He's got ample parking. The resolution was to• close the hearing and reserve decision until we can do a little more deliberation on it. MEMBER SAWICKI: Second. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the hearing in the matter of Dr. Joseph L. Lizewski, Appeal No. 2885, be closed and decision reserved until a later date. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer, and Sawicki. PUBLIC HEARING: Appeal No. 2887. Application of. Dominick. and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwell- ing with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel ; County Tax Map Par- cel No. 1000-90-1-4 . Southold Town Board of Appeals -23- October 15, 1981 (Appeal No. 2887 - Dominick and Rose DeMaio , continued: ) The Chairman opened the hearing at approximately 8 :55 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . MR. CHAIRMAN: We have a copy of the sketch showing the proposed location of the new house and a copy of the County Tax Map showing this property and the surrounding properties. Is there anything you would like to add, Mr. Jacobs? WILLIAM J. JACOBS : The approval from the DEC for the rearyard was at 20 feet, so that' s what the house would be equal to the next door neighbor' s at that setback. On the other side, the . property swings way out and the backyard would probably be around 30-35 feet on the other side of the deck. We tried to centralize the house on that piece of property. It could be brought way over. the end, but it would look kind of funny over there, and since it' s similar to the other houses, we're plan- ning on putting it near the center of the lot. The 35-foot set- back is the same on the left side over there at Soverall ' s house and it will be equally set back with them. The rear setback would be about equal on the other side, the other neighbor. So I think it ' s positioned in about the right place. MR. CHAIRMAN: This is going to have a basement under it? MR. JACOBS : It is going to have a crawl space with no concrete , just a dirt crawl space under it. It will probably be about a four-foot crawl space. MR. CHAIRMAN: I was just looking up that DEC permission. Yes, it says, " . . .home .is to -be 20 feet behind line of mean high water. . . . " MR. JACOBS: Right. MR. CHAIRMAN: They've given you a variance on it. Ok. Anyone else to speak for this? (None) Anyone to speak against this? (None) Any questions Joe, Bob. (None) I' ll offer a resolution granting this application for the rearyard and the frontyard setback subject to Planning Board approval because they get in to this too. Planning Board approval of the access, and so on. MEMBER SAWICKI. Second. The board made the following findings and determination: Southold Town Board of Appeals -24- October 15, 1981 (Appeal No. 2887 - Dominick and Rose DeMaio, continued: ) By this appeal, appellant seeks permission to construct a new one-family dwelling upon premises located at the south side of Cedar Point Drive West, Southold, with a frontyard. setback of approximately 30+ and with an-insufficient rearyard setback at the dwellings nearest point to ordinary high water mark of 23 feet. The premises in question has frontage along Cedar Point Drive West of 90 feet and an average depth of approxi- mately 140 feet. The premises is located in a Zone V-4 , minimum elevation above mean sea level of eight feet, pursuant to the Flood Plain Management Law and FIRM Maps of the Town of Southold, for a new dwelling for which appellant intends -to comply with. Appellant has submitted with his applicant .Amended Approval from the N.Y. S. Department of Environmental Conservation for the proposed new dwelling with restrictions, to wit, home to be 20 feet behind line of mean high water, et cetera. This restriction has caused practical difficulties for appellant in the placement of the proposed dwelling. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a variance to the zoning ordinance be allowed as applied for in Appeal No. 2887 , application of Dominick and Rose DeMaio, SUBJECT TO THE FOLLOWING CONDITIONS : 1. That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter, and 2. That this matter be referred to the Southold Town Planning Board for consideration on the approval of the access road which appears to be within the boundaries of the filed subdivision of "Cedar Beach :Park. " Location of Property : Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east .by Soverel; County Tax Map Parcel Item No. 1000-90-1-4 . Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, ✓Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals -25- October 15 , 1981 PUBLIC HEARING: Appeal No. 2886 . Application of Nicholas D. Yuelys , 56005 County Road 48 , Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48 , Greenport, NY; bounded north by L. I . Sound; west by Chudan; south by C.R. 48 ; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. The Chairman opened the hearing at approximately 9 :02 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; NICHOLAS D. YUELYS : Ladies and. gentlemen, members of the board. I would submit on the written application, except I would like to correct the last sentence in that paragraph one, the strict application of the ordinance. Where it says, " . . .The strict application of the ordinance would render the construction impossible in view of the fact that the erosion of the sound and the rising of the waters during the winter cannot permit the con- struction in the rearyard, not the frontyard. Thank you. MR. CHAIRMAN: Anyone else to speak for this? Anyone to speak against it? Yes , sir. , Could you use the mike, sir. This goes on tape and sometimes the tape doesn't pick it up. MR. ATWAN: My name is Atwan. I'm the neighbor referred to. I 'm sorry that I missed the original hearing on December the 29th last. We were in Ohio then. However , I haven' t had an opportunity to read the transcript, and I must say that it' s fiddled with details which are both imaginative and interesting. Hardly related to the truth. For example, it again stated that in 1971. we received a permit to build an access building. That is not true. Our permit which was stopped by Mr. Denowski who did the building in 1971 was to attach a building which existed to the garage. I don' t know the exact dimensions of it, but I would say that it' s somewhere between three and three and one-half feet. , We'd submit that any reference to the two surveys made by Mr. VanTuyl would indicate to the board if they haven 't already examined it that there were three buildings on that line. Now they were on that line before we purchased the property in 1959. I am sure the permit for building them, or per- mits , would not be granted today under the present rulings. We have not changed our feelings and our convictions about the build- ing of the type that our good neighbor asks on the property line practically immediately adjacent to our building. He stated, for example, that the hearing in December, that the windows were an afterthought and additionally were not. Now they were put in by Mr. Denowski. They' re small . They' re about five feet up from the floor. They were the awning type and were meant to admit only light and air and to preserve privacy on both sides of the windows. Southold Town Board of Appeals -26- October 15, 1981 (Appeal No. 2886 - Nicholas D. Yuelys, continued: ) MR. ATWAN . continued: I don't want to pursue further any of the details of the previous hearing. It is not a bathroom, and the strict definition of a term, it is a room built in that area which adjoins which was attached to the garage which has a sink and a toilet. A bathroom in my definitions and which I think which would be true in the common definition would be one with included either a bathtub or a shower. It does not. It has been referred to as a guesthouse. It is not. Mrs. Atwan and I are the two who use it and have used it for some time as completed. We wish that our good neighbors have found something more innovative .-and imaginative than .trying to duplicate what we have on our property and had planned to build it at which we have no objection over on the other side. Now when I was called in for the original discussion and the neighbor stopped my, the action to the putting up of the building, I pointed out several things. One, the proximity to the buildings which existed on our property constituted a distinct fire hazard. At least it would increase it because of its proxi- mity. At the time in that discussion his proposal was to put his accessory building, now an accessory building and garage, within a foot or two of our buildings , thereby I suggested to him effec- tively preventing us from doing any repair work on the westerly side of those buildings. It was also suggested that I might, in order to get around the blockage of light and air, raise the windows. Construction-wise that would be almost impossible and number two, it would be impos- sible to move them and to maintain a, or even to replace or repair the paneling which is on the west wall simply because Southold Lumber ran a sale on it in 1971, we bought up all they had, and that' s it, and there ain' t no more getting sold anywhere. So we could not move those windows. He then suggested to me that I put a skylight in. Well , I had been in touch with Fleet Lumber, and _ I talked with Mr. Copin about a professional installation long before this discussion with my neighbor, and have ascertained that a professional job, one that we would want done, would cost us in the proximity $200 to $300 to install. Now, if the building were to be moved closer to the west line which we had hoped would be the case, it would not cost $200 or $300 to replace the driveway with good clean sods. I 'don't have any more to add here unless my wife wishes to speak. MR. CHAIRMAN: You're a prudent man, thank you. Anyone else to speak against it? Mr. Corwin? STANLEY S. CORWIN, ESQ. : Mr. Chairman and gentlemen of the board. My name is Stanley Corwin and my interest in this applica- tion is two-fold. I have an interest in a piece of property 200 I , I Southold Town Board of Appeals -27- October 15, 1981 (Appeal No. 2886 - Nicholas D. Yuelys, continued : ) MR. CORWIN continued: feet to the west of Mr. Yuelys ' property. And . I 'm also acting in a legal capacity to Mr. and Mrs. Atwan, and I'd just like to address myself to the legal aspects of this problem just very briefly.. I should like in the first place to call to the board' s atten- tion the fact that the appeal from the denial of the application by the building inspector indicates, for the reason that the provisions of the zoning ordinance prohibit the location of a garage and an accessory building in the frontyard, and with respect to that we don 't have any objection. But there are other provisions of the zoning ordinance that would govern the location of any building or any structure that he wanted to put in that area, and I 'm talking of course about the sideyard and the setbacks. And with respect to that, the application that he made to the building inspector is stated not to be in scale. And the application indicates that it should be. It is a gross distortion as a matter of fact. It does- n't show anything like the situation really is on the ground. I 'm not here to draw up on that because I 'm sure that the board has been at the site at least on one occasions and perhaps others. And I'm sure you're as aware of it as I am. Attached to the initial application, however, was a notice to the Southold Town Board of Appeals. This has to do with the -regulations with respect to tidal wetlands. And there are five paragraphs in there, and the applicant marked the third paragraph which reads as follows, talking about the property: " , , ,May be located within 300 feet of tidal wetlands; however , constructed along the water-lying edge of this property is a bulk- head less than 100 feet in length. . . . " That is not so. He should have marked, if anything, the paragraph below that which indicates that there is no bulkhead or concrete wall there. Nothing between the high' water. mark and the area where the present cottage is constructed on the property. And these distortions and mistakes I call to the board' s atten- tion just so that you will be aware of it and so that they are a matter of record before the board. As I indicated when I spoke on the occasion of the earlier hearing, we think that our neighbor can make a more appropriate application and the setting of some kind of a storage building such as admittedly he needs over on the southwest corner of the premises. We hope that this board will turn down the present application as they did the last one and that perhaps he will be pursuaded to make a further applica- tion for a more appropriate location. Thank you very much. MR. CHAIRMAN: Thank you very much. Is there anyone else to speak against it? None. Mr. Yuelys? MR. YUELYS : At the time -- first let' s go to the Certificate i of Occupancy that Mr. Atwan mentioned. It' s a matter of public record. I put the number down there. It will show the date the Southold Town Board of Appeals -28- October 15 , 1981 (Appeal No. 2886 - Nicholas D. Yuelys, continued: ) MR. YUELYS: application was applied for. It will show you the plans. It will show you the date it was completed, the C/O was issued. Since 1973 it was just an ordinary accessory building and there was a space between that building and the building in the front. It was 'not used for, anything but an accessory building. Later, in fact he had put a bunch of garbage in front that he called a Japanese fence, he has not painted, when he says he wants to maintain the accessory building in .the back 17 years. He has not done anything on his side of the property to make mine look nice. But that' s besides the point. He then took, later on, after 1973 he went and con- structed. . .he joined the buildings—he knocked it down and put in his new plywood. . .put the bathroom up—and now he uses it for sleeping quarters. We've had many complaints with them to remove the garbage, the ran hits it, do this, do that. That' s not my problem. My problem is that I need an accessory building. I want to be a good neighbor. I went over. I explained it to him. If it was a matter of $200 to put in a window in the front, I would gladly give him the $200 . He doesn't want the $200 ; but, mainly he' s got windows in the front. He ' s got windows on the side. That .building has got more windows than you could think of. Those two little win= dows in the back don' t mean anything. I offered to move my building way over, three feet; to get in between the fence if he wants to. But, again, he refused that. That letter that you read was in the last application by the way. It was not on this application. that was submitted. The prior application that was denied without prejudice because it changed the character of the neighborhood meant I have to make another application to overcome that criteria, since the board could have denied this application and granted me a variance to build on the other side, if you so desire it. I was to point out in addition to my written arguments there is a further draw back, mainly that the access to the frontyard, Candan side, is narrow and steeper and impossible to bring the boats into the building for storage at the end of the summer. One of my prime needs. In this town there -are accessory buildings located on the left side, and right side, and in my opinion there was a preponderance , there was no prepon- derance of buildings of any one side. Since they are built to the convenience and maximum .use of the owners. In the interests of justice, my dire need for this application has been shown, and strict application of the zoning law should be treated equally with; my neighbor' s interest, which result with a bathroom and building built with what appears to be a violation of the zoning laws. I have always complied with the law and the interests of justice should be in my favor in this particular conflict. I also point out that the complaint was made about my fence. I took the fence down. If he doesn' t want the fence --- I put the fence up because I don.' t want him to look in my yard.. I sit there. . . I eat. At the windows looking at my side. That' s my argument. Thank you. Southold Town .Board of Appeals -29- October 15, 1981 (Appeal No. 2886 - Nicholas D. Yuelys, continued : ) MEMBER GOEHRINGER: Mr. Yuelys , can I just ask you one question. It appears that the proposed building that you' re asking for is one foot off of the east property line, is that correct? MR. YUELYS: My ,proposed building is equal distant, equal distance to the distance that his building is. In fact my building is further away from my side line than his building is. MEMBER GOEHRINGER: But how much is that? How much are you proposing? Off your property line? MR. YUELYS : I don't care, one, two, three foot. It doesn't make much difference to me. MEMBER GOEHRINGER: But what does the application read, Mr . Yuelys? MR. YUELYS: My application reads the same distance that his side line is. I want to make it exactly identical to his. But I 'm willing to move it further. if they want me to. As it for being fire proof, I ' ll make it out of brick. I' ll make it out of concrete block. I' ll make it out of anything he wants. This is the first time I 've heard that. I ' ll make it out of asbestos shingles. MRS. YUELYS: He never mentioned that before. There are a few things that he had spoken today that he has never mentioned to us. The first one we approached him as good neighbors as tried to ask him. There' s a lot of their— MR. YUELYS: I cannot build on the other side. That' s my problem. AIRS. YUELYS: We would gladly do it if we could do it. But it' s impossible. If you come and see the property, there isn' t sufficient property there. MEMBER DOUGLASS: We've seen the property. MR. - YUELYS : We can' t put the boats up from that -side. MRS . YUELYS: And you know, it goes on an angle and there' s a wall there. We' re not asking for that much, I don't think. MR. CHAIRMAN: Mr. Atwan, did you have .something? MR. ATWAN: I 'd like to comment first about the last statement_ that was made about the impossibility of bringing boats up on the east side of my neighbor' s home, and bring them over to an accessory building that I hope he would build over on the west line. Right now, we have a 14-footer and we have the same sailfish or sunfish identical in size and weight and we bring it up on our east side, and I roll it out our front gate down the road and into the garage each winter and have every winter. Now as to the permits and the illegality, I don ' t know that I 'm wasting your time but it6MS May 1971 and for some reason I have all of the items which Mr. Danowski Southold Town Board of Appeals -30- October 15 , 1981 (Appeal No. 2886 — Nicholas D. Yuelys, continued: ) MR. ATWAN continued: bought at Southold Lumber and other places, all in 1971 to build that to attach the building to the garage. So the permit he . is correct, is dated 1973 , and of it was that -- as a matter of fact I never even knew at the time that there was such a thing as a Certificate of Occupancy. It just came one day after some discussion I had here at the town hall when they had the old one. I 'm not going to pursue other erroneous statements , but as to the not having painted that side of the building for 17 years , George Ahlers was employed by us tore-side the building once it was completed. He re-sided it and put in two Anderson Windows on the one facing the sound and one facing the east. The whole siding is changed. It was repainted then and has been repainted since and was before. I suppose was sticks• in the memory of those who think and state that it was not painted was the fact that one year when it was painted the paint was rotten, and it did chip and peel and I never gotto it for about a year, but it has been painted and is painted now. MR. CHAIRMAN: Thank you. MR. YUELYS : You put up the building, it' s still not painted in the back. In fact we can go tonight and see it. It' s still unpainted in the back, 17 years. MR. CHAIRMAN: Well that' s irrelevant any way. MRS. YUELYS: No. That' s not important. MR. YUELYS. No. And the plans and the C/O' s are filed, and can be seen. MR. CHAIRMAN: No one else to speak on this? I ' ll offer a resolution closing the hearing and reserving decision until later. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2886 , matter of Nicholas D. Yuelys. Vote of the Board: Ayes: Grigonis , Doyen, Douglass , Goeh- ringer and Sawicki. PUBLIC HEARING: Appeal No. 2897 . Application of Victor L' Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq. ) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 .for permission to build new dwelling with insuffi- cient front and rear yard setbacks at Lake View Avenue and Dickin- son Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrido; further r i Southold Town Board of Appeals -31- October 15 , 1981 (Appeal No. 2897 - Victor L' Eplattenier, continued: ) identified as Subdivision Lots No. 57 and 58 , Peconic Shores Subdivision Filed Map 654 ; County Tax Map Parcel Item No. 1000-67-3-12. The Chairman opened the hearing at approximately 9 : 32 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting. .to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . RUDOLPH H. BRUER, ESQ. : Mr. Chairman, members of the board, ladies. I would like to state I -think there' s been a little misunderstanding with respect to the application and the way the adjoining neighbors have. viewed it and have expressed their opinions in the file. Number one I would like to state for the record that it is the applicant' s intention that with respect to the access of the to the property he would intend to come in by way of Lakeview Avenue and it is his intent not to disturb Dickinson Street at all. I believe you have a copy of the tax map there before you and you will notice that Lakeview Avenue comes around in two directions. It is our intent that we would come around following the tax map designation 1000-67-3- along Lots number 1 , 2 , 3 to lot 13 and 12 which is the subject property, and not come through Huntington Boulevard or where it is shown on the tax map as Lots No. 6 and 7 . And again we would prefer not to go down Dickinson Street at all. We would prefer the access as I just stated. I 'm sure. you've all been out there to the premises, or some of you have been, and you will notice that there is access and it' s open the way I just described it., whereas to come down the other way would be to come down a paper street and destroy probably some very valuable trees, vegetation. With respect to the setback again I think I assume you have been out there, some of you have been out there, and you viewed the property and notice the ditch and trenches and stuff like that that are there, and based upon that and in view of it and the desirability of keeping that open the only .logical spot to put the house is as we propose on our. map. I believe your file with show that the DEC has refused juris- diction here, and I believe, I don't know if you have it, that the location of the wells and pools have been accepted by the Health Department of Suffolk County with respect as I said, the wells and cesspools. If you'd like I could submit a copy of the map as marked up by the Health Department for your' file. • MR. CHAIRMAN: I think we have one here. MR. .BRUER: That' s it, there are the Health Department markings , and the approval up here. MR. CHAIRMAN: Right. MR. BRUER: I 'd like to make a couple further observations with respect to this property. It is my understanding that the ✓ owner, the applicant here, bought the premises I believe in 1950. Southold Town Board of Appeals -32- October 15 , 1981 (Appeal No. 2897 - Victor L'Eplattenier, continued: ) MR. BRUER continued: All right. They had been in single and separate ownership since that time separated by those -roads and that. I think under the law, in the case law, and reading on Anderson on zoning he really is entitled to it as a matter of law, the permit to build. the house there. The question is where. I believe, as we've submitted there on the survey that that is the best place for it. And the access that we described would be the best for the community and the neighbors and the subject property. I'd like further to state that granting the application would not in any way jeopardize the public health, safety and welfare of the community. And I think that' s about it, unless anybody has any questions. Thank you. MR. CHAIRMAN: Do any of you fellows want to ask Rudy anything at this time? MEMBER GOEHRINGER: Mr. Bruer, the covert that' s in there now, the drainage pipe that' s in there now, will remain untouched and will remain as it is and the building will be placed in the rear of that, is that correct? MR. BRUER: That' s my understanding. MR. L' EPLATTENIER: As shown on the survey. MR. BRUER: This is the son of the applicant, also. Mr. L'Eplatt- ni.er. MR. CHAIRMAN: Anyone else to speak in favor of this application? MR. L'EPLATTENIER: Just for the record I 'd like to state that my father has been a resident for the Town of Southold for some 35 years , and recently sold a larger piece of property adjoining this property across the pond. He spent many thousand hours and many thousand dollars improving that pond and terrain around it. Inasmuch as the property was getting much too much for him to handle and was getting on in age, he decided to sell that property and is now seeking to build a smaller retirement home on the application before you. He loves this town and he has put a lot of energy and thought into what he' s doing and in no way would he even dream of harming the terrain or violating the rights of the neighbors around him .whom he has known for many years. He has taught all of us, there are six of us, children, he has taught all of us through that property a certain amount of respect and a certain amount of love for the environment and the beauty of this town. And that' s why I myself purchased property and have come to bring my children out here to enjoy the beauty of this town. Again I would .like to say this is a location that we all have deep in our hearts , and the approval of this permit would make him very happy and would also provide the town with a taxpayer who is very sincerely dedicated to upholding and to carrying out the principles of keeping the environment in good shape, and in fact intend improving :it. at his own cost. MR. CHAIRMAN: Thank you. Anyone else? Anyone to speak against it? Southold Town Board of Appeals -33- October •-15 , 1981 (Appeal No. 2897 - Victor L'Eplattenier, continued: ) STANLEY WAIMEY: I had planned .coming in to object, but in view of what was said here and as long as the drainage isn't . affected of the adjoining property. . . I'm_ Stan Waimey, with 50% ownership of the adjoining development and my wife holds a mort- gage on it, a 50% mortgage on it. That' s my interest in it. The property adjoining to the west of us also drains through Mosquito Commission coverts and ditches and as long as it' s not affected by the building I have no objection. MR. CHAIRMAN: Thank you. Yes, ma' am. KATHY CHAMBERLAND: I came here to object also but have no objection if the access variance would follow the road indicated by Attorney Bruer and would not go through the other direction, which is objectionable to many of the neighbors. MR. CHAIRMAN: Thank you. Would you give your name to the secretary? MRS. CHAMBERLAND: My name is Kathy Chamberland. MR. CHAIRMAN: Thank you. Anyone else? MR. WAIMEY: Would these two statements be included? MR. CHAIRMAN: They are part of the record right now. MR. WAIMEY: Thank you. MR. CHAIRMAN: Any questions from any of you members? I 'm certain that if this board should grant, these conditions would be in there not to interfere with any drainage, and the access as stated by the Attorney, and all that would be part of the decision. So, I ' ll offer a resolution on account of the time closing the hearing and reserving decision until a little later. MEMBER SAWICKI. Second. On motion by Mr. Grigonis , seconded by Mr. Sawicki , it was RESOLVED, to close the hearing and reserve decision until a little later in the matter of Victor L'Eplattenier in Appeal No. 2897 . Vote of the Board: Ayes: Grigonis, Doyen,. Douglass, Goeh- ringer and Sawicki. PUBLIC HEARING: Appeal No. 2889. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62 , to construct drive-in roof addition and alteration with an insufficient frontyard and further reduc- tion of landscaped area, for :bank use. ' Location of Property: � r Southold Town Board of Appeals -34- October 15, 1981 (Appeal No. 2889 - Alan` A. Cardinale , continued : ) North side of Main Road, Mattituck; bounded west by Factory (Rail- road) Avenue; south by Main Road; north and east by Bethany Cemetery Association; County Tax Map Parcel No. 1000-142-1-26 . The Chairman opened the hearing at approximately 9 : 46 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . MR. CHAIRMAN: We have a copy of the survey showing the proposed plans and copy of the County Tax Map showing this property and the surrounding properties. Is there anyone here in favor of this? ALAN A. CARDINALE: Mr. .Chairman, Ladies and Gentlemen. I 'm Alan Cardinale. My main purpose in being here naturally is to answer any questions that you gentlemen or ladies might have rela- tive to the application, and to explain. . . the reasons are explained naturally in the letter. I think all of you are aware of the Shopping Center and the properties surrounding it. I feel this would be an excellent addition to the Shopping Center and would not in any way hinder any existing buildings or adjacent owners. If there are any further questions I could answer, I would be glad to. MR. CHAIRMAN: Do you know about how many parking spaces you are going to be able to provide? MR. CARDINALE : At the present time George Fisher of the building department has established them in his report relative to the square footage for the entire building, in relation to the number of parking spaces required by Code. And he has submitted this to Henry Raynor- of the Planning Board, and it is my understand- ing that on Monday evening I am to be with them for a determination. It appears according to the report that he made up that we are within the realm of the parking requirements. But until that meet- ing I couldn 't say too much more. MR. CHAIRMAN: That answers that question. Thank you. Anyone else, thank you, Mr. Cardinale, in case. Is there anyone else that would like to speak in favor of this? BALDUR PETER: My name is Baldur Peter. I am the architect for the Suffolk County National Bank. I have prepared a little site plan indicating the existing shopping center, the east portion of the existing shopping center. The Bank takes the end store off the shopping cneter and in order to function properly it has to have drive-in facilities. It is of the utmost important for a bank now a days to have drive-in -facilities and this is the reason why I was asked to provide as many as I can. The more drive-in facilities you have the more you serve the public and the customers in two ways. The customers get served faster and the public , there' s no back-up possibilities if you have enough drive-in facilities. Southold Town Board of Appeals -35- October 15 , 1981 (Appeal No. 2889 - Alan A. Cardinale, continued: ) MR. PETER continued: In order to, have customer sales, you have to protect the drive-in facilities where the driver will come. And also the manufacturer of the drive-in facilities would not guarantee the facilities if they are not protected but a roof. We have tried and I believe . . . we have another board over there, if I may. What we have tried to do is to . . .and this picture too is very well, do not come into the heavy construction but rather .a very light canopy-type roof over this drive-in -facilities and you can see actually that one length of building, the roof is about 241 . so we' re talking. about roughly an encroachment of 24 by 24 feet into the frontyard, but not a building, just a light roof construction, blending into the existing building. In order to achieve and accomplish this safely we had to slightly modify the existing site plan. We had to create a ( ) on this end because the only way- to get through here is to 'be able to get out on the other side you cannot make a U-turn, and in order to get this we had to get approval from the Department of Transportation, which we have gotten, so the Department of Trans- portation has approved this curb cut and also they can see the back-up, that there' s no creation of hazards to back up on Route 25A. In order to do it we had to slightly adjust the existing planting area here. We had to take away about 1800 square feet of planting, but we tried to compensate for that by creating a plaza entrance to the bank and planting, sitting area, present area to make it attractive. And I think it will be much more attractive than at the present time. You can' see there is a very sad condition-- there ' s not much planting off to this bank. And the only interest really is to put in a very nice buffer zone between the bank and the road and also create this little plaza in- front of it. And I think it is very pleasant for business because of its access to the shopping center. If a bank were to move in, it would definitely enhance the shopping center and I believe also the Town of Southold. Thank you. MEMBER GOEHRINGER: May I see that for one second? Thank you. MR. PETER: I could leave this here for the board. MEMBER GOEHRINGER: What is the actual square footage usage you're going to be dealing with here? Do you have any idea? Within the existing building. MR. PETER: Within the existing store, I think it was 1400 square feet? What is the square footage of the floor area, of the bank? MR. CARDINALE: 3000 square feet. MR. PETER: It' s an existing store and we don't add anything else. This is all the-- MEMBER GOEHRINGER Yes. I understand. MR. PETER: And this is the little fly roof projecting. Southold Town Board of Appeals -36- October 15 , 1981 (Appeal No. 2889 - Alan A. Cardinale, continued: ) MR. PETER: It would help if I leave this here, for the Planning Board? MR. CHAIRMAN: Is there anyone else to speak for this? Yes? RAYMOND MASCOLSKI : Ladies , gentlemen. My name is Raymond Mascolski. I reside in Mattituck and have been associated with Suffolk County National Bank for the past 32 years. The past few years I have held the position of Chairman and Chief Executive Officer. Our bank, I think most you realize who we are, the East Suffolk .County National Bank located in Riverhead has been in business since 1890. One of the few remaining locally owned and locally controlled banks that have been serving the North Fork and certain well , our market survey indicates that Mattituck certainly could use another banking facility. We did chose Mr. Cardinale ' s location, not only because. of he has done during the past few years in rehabilitating the area, but we feel it would be to the best interest of the Mattituck area and surrounding communities to locate there. We feel that by coming to Mattituck we would be able to continue to serve the North Fork much; much better than we have in the past and certainly it would be appreci- ated if the board would look at this application in a most favorable light. It would be certainly I think to the best advantage , the economy, and for the good, of all concerned.. Thank you very much. MR. CHAIRMAN: Thank you. Anyone else? Anyone to speak against this? Do you know, you spoke about having that meeting with the Planning Board on Monday, Mr. Cardinale. Is that just an informal or is that a regular full scale meeting? MR. CARDINALE: We had an informal meeting with Mr . Raynor, and he had asked that Mr. Fisher submit this engineer' s report. He did informally submit it in written form, and since that time he has asked for a formal report typewritten on their letterhead, and as I understand it, that is what they have now and will act upon it Monday night. According to Mr. Fisher, the parking require- ments are adequate. But how Mr. Raynor ' s board or the board itself will look upon it will not be determined until Monday. MR. CHAIRMAN: Thank you. I ' ll offer a resolution closing the hearing and reserving decision until maybe with can check with'-the Planning Board and work them both about the same time. MEMBER GOEHRINGER: Second. On motion by Mr . Grigonis , seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Alan A. Cardinale, Appeal No. 2889 . Vote of the Board: Ayes : Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki . Southold Town Board of Appeals -37- October 15 , 1981 PUBLIC HEARING: Appeal No. 2890 . Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq. ) (for Cliff Tyler, owner) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs . Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48 ; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. The Chairman opened the hearing at approximately 10 :00 p.m. and ,read the legal notice of hearing and appeal application in its entirety. MR. CHAIRMAN: . There' s a letter in here, "in the file, from the neighboring property owners to the north in favor of this being granted. Mr: Bruer, do you have anything you would like to add? RUDOLPH H. BRUER, .ESQ. : Yes, I would, thank you, Mr. Chairman. Members of the Board. Ladies. In respect_.to"that letter I have a copy of it and they state that they respectfully urged the board to grant the change applied for. The property in question, or it' s our intention here to show the board tonight that the property cannot be used for the purposes at set forth in the code for general business. . The hardship here is an economic one. The problem being that the building here was put up well before the present zoning ordinance. I believe you' ll notice that the survey of the premises that you have shows that it' s dated 1955 before. there was a zoning ordinance in the town. You will also notice that on that map the structure in question was a concrete block showroom, and I 've also been informed that it was used for .manufacturing purposes and retail sales of farm equipment. I have here the present owner of the premises, Mr. Tyler,--,and he will answer certain questions. with respect to the financial hard- ship. Would you tell -the'-board what you paid for the premises and when you bought it? MR. TYLER: I bought the property in question in February 1979 for $79,500 . MR. BRUER: And could you tell the board with what, in your estimate, the present value of it would be say as a manufacturing-- in other words, you have a contract of sale here, don't you, Mr. Tyler? MR. TYLER: Yes, I do. MR. BRUER: And it' s conditioned upon this property being used for. manufacturing? MR. TYLER: That' s correct? MR. BRUER: And can you tell me what the price is on it as far as this contract is concerned? MR. TYLER: $90 ,000.. Southold Town Board of Appeals -38- October 15 , 1981 (Warren E. Hufe, Jr. Appeal No. 2890 continued: ) MR. BRUER: Ok. Can you tell the board something about the cost that this property cost you in an annual sense? By that I mean, can you tell us what the approximate annual maintenance charges are for .the property? MR. TYLER: Well , maintenance on this property runs approxi- mately . $3 ,000 a month, and which we have not been able to afford. We have put about $1,000 to $1,200 a month in, and consequently the building is falling behind in maintenance. MR. BRUER: And can you tell the board what the real estate taxes are for this property? MR. TYLER: The taxes on this property run $2,200 a year. MR. BRUER: Is there a mortgage on the premises? MR. TYLER: Yes, there is. MR. BRUER: Can you tell me the approximate balance? MR. TYLER: $642 a month. MR. BRUER: Then the balance is about? MR. TYLER: The balance is $56 ,000 - $57,000 . MR. BRUER: Arid is this property bringing you any income at this particular point. MR. TYLER: Well, it brings in some income but to the extent that I work and it costs me over $20,000 a year to operate this particular business with mortgage, lights, taxes, insurances, et cetera, and we bring in about $15, 000 so we' re running about $5 ,000 behind. MR. BRUER: Can you tell the board, just to give them an idea, what it costs for electrical expenses. MR. TYLER: Oh, the electric bill runs approximately right now $148 a month. MR. BRUER: What about your fuel bill? MR. TYLER: Fuel bill, the building uses approximately 4 ,000 gallons of fuel oil a year. MR. BRUER: And what are you paying for fuel? - MR. TYLER: $1. 21. MR. BRUER: And you-'-do have insurance costs? Southold Town Board of Appeals -39- October 15, 1981 (Warren E. Hufe, Jr. —Appeal No. 2890 continued: ) MR._ TYLER: Yes. My insurance runs me just on the fire insur- ance alone almost $600 and then I have all my vehicles, plus com- pensation. The insurance probably runs me on an average of about $400 a month. MR. BRUER: Are there any other expenses that you can think of with respect to the building? MR. TYLER: Well you have all the expenses for the building. MR. BRUER: Have you been able to make a go of it sort of speak, as a retail operation, repairs and whatever in this business? MR. TYLER: No. And a lot of that came about by the recession, or the gas crunch, or the shortage of money and interest rates going out of sight. MR. BRUER: Now, were you familiar with the property prior to say 1957 when it was owned by Fanning and Hausman? MR. TYLER: To the extent that my father was going to buy it in 1950 . MR. BRUER: And do you know what that property was used. at that time for? MR. TYLER: Yes. They sold farm equipment, and then they started making combines and things there, manufacturing. MR. BRUER: Now, has there presently been an action brought against you and your wife in respect to the mortgage? MR. TYLER: Yes, there has. MR. BRUER: And that' s a foreclosure action? MR. TYLER: That' s correct. MR. BRUER: In your opinion would this place as it exists now, the building, the large building, be good for any type of retail use? MR. TYLER: No, I don' t believe that. MR. BRUER: Have you had the property on the market for any period of time? MR. TYLER: For over a year. MR. BRUER: And have you had any serious approaches for the purchase other than the one we just discussed? Southold Town Board of Appeals -40- October 15, 1981 (Warren E. Hufe, Jr. - Appeal No. 2890 continued: ) MR. TYLER: No. MR. BRUER: Thank ,you very much for now. Gentlemen, I think this .is one example where it has-,been shown where the property is not best suited for a retail-type, repair shop on this road. I also have here I .would like to submit a letter from Tryac, which is dated October 14th. I' ll give you a copy. I'd like to read it for the record: . . .Rudolph H. Bruer, Esq. Main Road Southold, New York. 11971 Dear Mr.. Bruer: You have asked my opinion about the desirability of the operation of a repair. shop at the northeast corner of Route 48 and .Youngs Avenue in Southold. As you know our Company operated from this location from 1965 to 1978. In my opinion, based on present economic conditions, this location would not be considered as a good place to operate a repair shop. One of the more -important reasons is the rapid escalation of operating costs and. the difficulty in proper utilization of the available space. The number and location of the access doors and the narrow- . ness of the building makes it difficult to properly utilize this space. I trust this information will be of value. Very truly yours, TRYAC TRUCK & EQUIPMENT CO.., INC. Js/ John A. Cushman, President . . . . MR. BRUER: I would like to ask Mr. .Albertson, a local real estate broker, to come up and give some testimony here. Mr. Albertson? MR. ALBERTSON: Yes. MR. BRUER: Are you familiar with the property in question here? MR. ALBERTSON: Yes, I am. MR. BRUER: And are you familiar with the general uses, business uses for .property in the Town of Southold? MR. ALBERTSON: Yes. MR. BRUER: And in your opinion, would you give us a reason why you think the property couldn' t be used for a general business use such as .retail stores and places of amusement, fish stations , Public garage, cabinet shops , et cetera? Southold Town Board of Anpeals -41- October 15 . 1981 (Warren E. Hufe. Jr. - Appeal No. 2890 continued: ) MR. ALBERTSON:_ Well it' s pretty much proven it couldn' t because the cabinet shops, for instance, right up the road from it, has gone down. The building is not built for retail work and it would be a terrific job to try to change it. over to retail stores. That' s one reason that it couldn' t be' us_ed. There' s another reason, too. If you' ll look at the map, anyone to buy that for a retail store knowing that the County urooerty goes riaht across the corner of it, it takes the whole front 'of it' off. Actually. the only thing that it can be used for in my way of seeing it would be for the small manufacturing. And I can also. say that the man that is trying to buy .it, I think he has proved himself by the way. he takes care of his properties , and I think it would be a very much better-looking place if he was allowed to do this. And I 'm sure he is going to do a good job. MR. BRUER: Well, isn 't it a fact that the other operations that are up there on that North Road, Route 48-, are operating in a General Business Use are buildings and situations that were built for their particular type of use? MR. ALBERTSON: Absolutely. MR. BRUER: And not white elephant, like this is, trying to be fit into. a ..business use? MR. .ALBERTSON: Well, I think the proof -of the burden is that Tryac was there for that many years and it' S a pretty big company, and. they couldn't stay there, so I think if we're going. to use it for anything, you've got to let something like this go in there. MR. BRUER: Thank you, Mr. Albertson. I would like to call the board' s attention to Anderson on Zoning, and I'd like to point out to them regarding variances, . I guess it' s Volume No. 2 , Section 18.. 20 on page.. 29 , ;';.Effect of Obsolete Improvements. " I 'd like to read the choice, . It' s a short paragraph: . .. .A board of zoning appeals may grant a use variance on the ground of unnecessary hardship where the land is incapable of yielding a fair return on a conforming use because of obsolete or dilapidated improvements. Land is a highly res- tricted residential district, for example, was occupied by 100-year building which were in disrepair. The existence of the buildings made the land useless. -for purposes permitted bythe zoning regulations. The board of. zon-ing appeals was upheld when it granted the landowner a variance to establish and maintain a riding academy. The . same result was reached where the applicant' s land was improved by a barn so large as to render impractical its conversion to a single-family residence. Similarly, to granting of a variance to build a gasoline station in a residential district was upheld where the land was incapable to producing a reasonable return from a residential .use because of improvements which were .ancient and unusable for residential purposes. . . . Southold Town Board of Appeals -42- October 15, 1981 (Warren E. Hufe, Jr. .- Appeal No. 2890 continued: ) MR.. BRUER: In, addition to the other requirements , we have unique circumstances here due to the fact that the..existing buildings on the premises , it' s not like it' s vacant land and we were asking to come in here and put a building on it and use it for manufactur- ing purposes. It' s unique because of the buildings there. The ajoining premises, I guess, to the north are, intend to be residential, and along the road there are none at that side, or if there are, for instance the gas place, they are there, they were built and they were suitable for the operation that they have as a retail business to them. The property is not going to change the character of the neighborhood. I think you are all aware of its present operation. I think it ' s a credit to the community. It' s an attractive place. I'm sure he -.will ' take_.care .:of the new place if the board so permits him. There will be no safety hazards because of this operation. They basically are moving a low-keyed manufacturing operation from a mile and a half down the road to this corner. I think it will be a credit to the community; I believe all the neighbors are in favor of it. They would prefer that he take it over and more than likely improve it rather than go the way it' s going. Does the board have. any questions? MR. CHAIRMAN: I just had one. Do you know this operation will be increased much in size and employ more people than where he is presently? MR. BRUER: I think the. reason for the purchase of it is to expand his operation. His operation basically consists of making small parts for computers. MR. CHAIRMAN: I imagine it would be the same type, but maybe you' ll have more machines in there and employ more people? MR. BRUER: I wouldn't be surprised. I would say that that' s the purpose of it because-he needs to expand. MR. CHAIRMAN: Ok. Thank you, Rudy. Anyone else to speak for this? MR. HENRY LYTLE: I don' t know Mr. Hufe , but I do want to say that I have been aware of his place on the North Road there for some time. It' s a very nice . looking shop, it' s a type of thing that we need more of in Southold so.�.'I hope you' ll approve it. (Mr. Lytle:'-is President of the Southold-Peconic Seniors. ) MR. CHAIRMAN:. Thank you. Anyone to speak against this? (None) I' ll offer a t.esolution closing the hearing and reserving decision. MEMBER DOUGLASS: Seconded. Southold Town Board of Appeals -43- October 15, 1981 (Warren E. Hufe, Jr. - Appeal No. 2890 continued: ) On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of the appeal of Warren E. Hufe, Jr. and Ellen Hufe, Appeal No. 2890. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPEAL NO. 2896 . Application of Warren E. Hufe; Jr. and Ellen Hufe (for. Future Screw, Inc. ) North Road, Southold, NY (by Rudolph H. . Bruer, Esq. ) for a Special Exception to the Zoning Ordinance, Article XI, Section 100-118D to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property.: 45655 County Road 48 (a/k/a 3750 Youngs Avenue) , Southold, NY; bounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48 ; east by Edson; CTM Parcel No. 1000-55-2-16 . The applicant' s attorney, Mr. . Bruer, agreed to a withdrawal of the subject appeal application inasmuch as it was the board' s opinion that the appeal hearing held previously (Appeal No. 2890) was the proper application for the relief sought. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the application of Warren E. Hufe, Jr. and Ellen Hufe, Appeal No. 2896 , .be withdrawn without prejudice as requested. Vote of the Board: Ayes: Grigonis , Doyen, Douglass, Goeh- ringer and Sawicki. APPEAL NO. 2891. Application of Warren E. Hufe , Jr. and Ellen Hufe (for Future Screw, Inc. ) , North Road, Southold, NY (by Rudolph H. Bruer, Esq. ) for a Special Exception to the Zoning Ordinance, Article VII, Section 100-80 (B) for permission to utilize subject premises for Light Industrial Use. Location of Property : 45655 County Road 48 (a/k/a 3750 Youngs Avenue) , Southold, NY; bounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48; east by Edson. County Tax Map Parcel No. 1000-55-2-16 . The Chairman. opened the hearing at 10 :33 p.m. and the board waived. reading the notice of hearing and appeal application. . The. Chairman asked Mr. Bruer if he had any objection to the waiving of the reading of the legal notice, et cetera, and Mr. Southold Town Board of Appeals -44- October 15 , 1981 (Appeal No. 2891 - Warren E. Hufe, Jr. and Ellen Hufe, continued : ) Bruer consented. On motion by Mr. Grigonis, seconded by Mr. Goehringer it was RESOLVED, to close the hearing in the matter of Appeal No. 2891, application of Warren E. Hufe, Jr. and Ellen Hufe. Vote of the Board: Ayes: Grigonis , Doyen, Douglass, Goeh- ringer and Sawicki. PUBLIC HEARING: Appeal No. 2892. Application. of Peter and Pat Lenz , Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to con- struct gate and fence exceeding maximum height limitations at 38350 Main Road, Peconic, NY; bounded northwest by L. I .R.R. ; southwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25; CTM Parcel No. 1000-85-2-17. The Chairman opened the hearing at approximately 10:36p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector , and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . PETER LENZ : Ladies and gentlemen, I 'm Peter Lenz. I don' t know you are familiar with the property but we can down here two years ago and established a vineyard and we are coming to the phase now which is producing the wine. I don' t know if you' re familiar with the. property. It is to the sense of what it looked, before, but we have gone through. quite some construction and we went through the extreme of hiring a very known architect in designing us an overall design. Since not only the product is the wine obviously the marketing and the selling of the product is as important. So obviously the character and the look of the place has to be of a certain nature and, this is what we are try- ing to pursue. And the product design was a gate which is. nearly constructed out of posts, treated lumber posts which we are using pretty much as posts for the vineyard. We have those posts the posts are near to all the rest of the buildings as basically a trellis. And what we are trying to do is basically overgrowing all those trellises with different varieties of vines so that actually it will eventually all overgrown. It is pretty customary in Europe as well as here in vine growing areas that the formal entrance to a winery is done through a gate. Since the property here runs very narrow and long, and we don't want to use a multi- tude of signs indicating to the clientale or to the passerby that this is a vineyard and we' re trying to attract a person into our premises ; we feel this gate is unique enough and presents our sign and attracts enough attention for people to look us up. The sign is such that it will be part of our label of the wine and feel it ' s not offensive to anybody. It' s very attractive. It' s from a natural design and once overgrown we feel will very much blend in Southold Town Board of Appeals -45-. October 15, 1981 (Appeal No. 2892 - Peter and Pat Lenz , continued: ) MR. LENZ continued: with the overall area and trees. MR. CHAIRMAN: How high will the fence be? MR. LENZ : Well actually it' s really not a fence. All we want to do is put up a gate. The gate is about an overall span, I don 't know, do you have the whole thing there? MR. CHAIRMAN: Well we have this . MR. LENZ : Well , yes, I _guess it pretty much indicates it. It' s pretty much as you can see there it' s very very baron and simple. It is , as I said, round treated lumber posts. It' s I think about 30-foot wide. We have to build it high enough so that trucks can get in underneath it. Something else I forgot to mention. Obviously, since we' re living on the premises and this sort; of, we have a problem already now, a lot of people will drive into the premises at any time and the gate will at the same time provide us a way to .close off the property at times when we are not open for business. Rather than just going to a regular simple gate, this is really in the form of our time. MEMBER GOEHRINGER: May I ask a question. MR. CHAIRMAN: Go right ahead. MEMBER GOEHRINGER: Mr. Lenz , although we were down there. We looked at the site and it' s very hard to determine exactly where the gate is going to start and stop. . I have a figure, we have a figure of 18 feet. Is that going to be in back of the large trees that are on the -- MR. LENZ : It' s right, well perhaps I should show you on the drawing. MEMBER GOEHRINGER: You' re not going to remove any trees, are you? MR. LENZ : Oh no. Heavens no . MR. LENZ : This is the new road we just put in. And it will be right from here to here. I .think there 's an electric pole here from the Long Island LILCO right here. . So it would go from here and I think the first tree is somewhere here, maybe a little bit closer somewhere around here. This is basically already fenced up with a natural split-rail fence type thing. We have no intention in really fencing the property, per se. As a matter of fact as you look at the building, this is the continuation, it' s the same construction as those posts here and everywhere around. MEMBER DOYEN: What' s the area of the vineyard the vines? MR. LENZ : Totally unplanted right now. We have 20 acres planted and we plan another five. Southold Town Board of Appeals -46-. October 15 , 1981 (Appeal No. 2892 - Peter and Pat Lenz , continued: ) MEMBER GOEHRINGER: Now this east line, or the east side here. . . the stanchion for the gate in question would be almost even with the split-rail fence that exists there? MR. LENZ: Yeah. MEMBER GOEHRINGER: Ok. And the other side will be just pulled back a little bit farther like this . MR. LENZ : It will be pretty much in line of what the split rail fence is now on both sides. It will basically continue and go to the split rail fence. MR. CHAIRMAN: 'Anyone else to speak for this? JIM McGARRY: Good evening. I 'm Jim McGarry, and filled out the application for the variance. Having worked on this project since the beginning, I would say that the gate becomes a very impor- tant part of it. It ties the whole thing together. It not only gives a trademark to the land but it brings every into prospective at this time. It just seems it' s empty without the gate, and it would be a great improvement for the area. I think it' s a .very important part of this project. Thank you. MR. CHAIRMAN: Anyone else to speak for this? Anyone to speak against it? I ' ll offer a resolution granting this as applied for. MEMBER GOEHRINGER: Second. The board made the following findings and determination: (see next page 47) Southold Town Board of Appeals -47- October 15, 1981 Regular Meeting (Appeal No. 2892 - Peter and Pat Lenz , continued: ) By :this appeal, appellants seek.-permission to erect and entrance gate with fence approximately 18 . feet from the Main Road and with a height of approximately 18 feet. The premises in question contains an area of approximately 27 acres with 382 . 35 feet fronting the Main Road. It. is the consensus of the Board that the structure as proposed and shown on the plans submitted with the appeal application will enhance the entire area. In considering this appeal , the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced.-on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief applied for in Appeal No. 2892, application of Peter and Patricia Lenz be granted, SUBJECT TO REFERRAL TO THE SUFFOLK COUNTY PLANNING COMMISSION PURSUANT TO SECTIONS 1323, ET SEQ. OF THE SUFFOLK COUNTY CHARTER. Location of Property: 38350 Main Road, Peconic, NY; County Tax Map No. 1000-85-2-17. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. This resolution was -unanimously adopted. f Southold Town Board of Appeals -48- October 15, 1981 PUBLIC HEARING: Appeal No. 2893 . Application of Stanley J. Fliss , Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp. ; south by Park Avenue; east by Wickham, Parkin, Tandy, Kujawski; County Tax Map Parcel No. 1000-123-1-2. The Chairman opened the hearing at approximately 10 :46 p.m. by reading the appeal application in its entirety , legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica tion to adjoining property owners was made; fee paid $15 . 00 . MR: CHAIRMAN: We have a copy of the proposed addition and copy of the County Tax Map showing this property and the surround- ing area. Is there anyone here to speak for this? Airway Drive, is that a private road? STANLEY J. FLISS: It was , but I think the Town did take it over. MR. CHAIRMAN: On the tax map it looks like it just goes to pretty near your use, it looked like. MR. FLISS : Originally I think it was. I think the Town did take it over because they maintain it. MEMBER GOEHRINGER: Stan, what is the actual square footage of the addition, do you have any idea? MR. FLISS : Of just the proposed addition? I don' t recall. I think it' s on one of those things. MR. CHAIRMAN: No , it doesn't on this. 432 square feet. It ' s on here. Did anyone else have any questions? Go ahead, Bob. MEMBER DOUGLASS : Is there any practical reason that your extension couldn't go north instead of east? MR. FLISS : In practicality, all the offices are essential right there. What we're trying to do is keep everything in pat. In other words , if they build in either direction other than up the offices would be divided. Because the lobby is to the south. And then they have the shipping which is to their immediate north right now. So the only direction he could go in this instance is either up, which would be much too expensive. for such little square feet, or closer to the road. And that' s what they propose. MEMBER DOUGLASS: You couldn' t go to the north, tie it in to the north on the building? r�s Southold Town Board of Appeals -49- October 15 , 1981 (Appeal No. 2893 - Mattituck AirBase, continued:) MR. FLISS: North is their shipping department. They would have to relocate their shipping department which is creating another addition. The only way that they can go is either to the east, which is towards the road and we' re trying to keep it within 15 feet of the road, or a second story over the existing office. MR. CHAIRMAN: You see, that' s where they load right there. There ' s a platform in there. Anyone to speak for or against this? (None) On motion by Mr. Grigonis , seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Mattituck Air Base, Appeal No. 2893. Vote of the Board : Ayes : Grigonis, Doyen; Douglass , Goeh- ringer and Sawicki. PUBLIC HEARING: Appeal No. 2895. Application of Katherine Ebert for Mattituck Holding Corp. , Mattituck, NY (by Norman A. Reilly as agent) , for a Variance ,for approval of access, New York Town Law Sec- tion 280A. Location of Property : Right-of-way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County Tax Map Parcel No. . 1000-106-6-part of 13 . 3. The Chairman opened the hearing at approximately 10 : 49 p.m. by reading the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15 . 00 . MR. CHAIRMAN: Mr. Reilly , would you like to add anything to the application? NORMAN A. REILLY: I think you have been on the site and saw what the problem is. There is a road there. It has been oiled, maintained by the Mattituck Holding Company and the prop- erty is to the east side of the existing lot that we wanted to build on. We' re asking for permission to use that road as the access road. I think the houses have been there at least probably then years if I 'm not mistaken. Mr. Fisher wanted an official approval on this roadway. MR. CHAIRMAN: Thank you. Anyone else to speak for this? Anyone to speak against it? Any questions from any members of the board? (None) ' I ' ll offer a resolution closing the hearing and reserving decision until a later time. ' Southold Town Board of Appeals -50- October 15, 1981 (Appeal No. 2895 - Mattituck Holding Co. (Katherine Ebert) , continued: ) MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision until a later time in the matter of Katherine Ebert, and Mattituck HOlding Corp. Vote of the Board: Ayes : Grigonis, Doyen, Douglass, Goeh- ringer and Sawicki. RECESSED HEARING: Appeal No. 2874 . Application of Matthew McKiernan, 970 Gin Lane, Southold, NY for a Variance to the. Zoning Ordinances Art. III, Sec . 100-31 for permission to con- struct new dwelling with an insufficient frontyard setback at premises located at the east. end of Beachwood Lane, Southold; bounded north and east by Beachwood Lane; south by Goose Creek; west by Meringold; County Tax Map Parcel .No. 1000-70-10-60 . This hearing was recessed from the last regular meeting of the board, to wit, September 17 , 1981 . MR. CHAIRMAN: We have letters that have come in since the last hearing. We have a letter from Southwood Property Owners Association, Inc. : . . .October 14 , 1981 . . .To whom it may concern: The members of the above-named Association do hereby oppose the granting of any variances for the proposed construction on Lot Number fifty-three, Map of Southwood, Southold, New York, which directly conflicts with the covenants and res- trictions of said property dated November 24 , 1953 and extended to June 26 , 1983 . Respectfully submitted, Southwood Property Owners Assn Inc. Edward A. Lademann, Jr. , President. . . . The following letter was presented to the board: October 15, 1981 Gentlemen: I submit herewith my certified copy of commitment for title insurance under Chicago Title Insurance Company ' s policy No. 8108-273343. This submission is made at the request of your office. I once, again reiterate that I do not represent the applicants, Mr . and Mrs. McKiernan, in their appeal before your board. I am the attorney for Mr. and Mrs. McKiernan solely in con- nection with the purchase of the subject parcel. /s/ William H. Price, Jr. . . . Southold Town Board of Appeals -51- October 15, 1981 (Appeal No. 2874 - Matthew McKiernan, continued: ) MR. CHAIRMAN: I don't know where this is going to wind up. We' ll have to go to court somewhere to find out for sure about these covenants. We can't act on covenants. Is there anyone here that wishes to speak further on the matter? ED HEINS : Excuse me, Mr. Chairman, but am I under the impres- sion that this letter that Mr. McKiernan has submitted says that these restrictions are not registered in Riverhead. MR. CHAIRMAN: This is the letter that Mr. Price sent in, the attorney. MR. HEINS : And he checked in Riverhead for these? Because we have this documentation in our files with the Association that this was renewed and is extended for another, well the completion is 1983. And this is registered in Riverhead. All of those restrictions as well as the Association. MR. CHAIRMAN: This is a thing from the title company here that Mr. Price got his stuff from and they sent him copies of it. MR. _ Mr. Chairman. Back when the development first started, all the restrictions and covenants came with each plot of land that was sold. When enough people bought land in there, they formed the Association and continued all these restrictions on all the land, and covenants. The people built all their houses in there and complied everything according to all the restrictions. And that it still goes to 1983. As long as they have the Associa- tion and the Association votes to continue all the restriction, I can' t see why they say that it was not being filed in Riverhead. And it was being ok'd by the Town Board when it was first started. It' s still in effect. It was never withdrawn'. HAROLD HAUPT: Also, to add to that we have had counsel and they have, I don' t know where Mr. Price got his information, but our counsel has investigated this and they said that we are fully backed by our application that is in at Riverhead now. They said we have no problems whatsoever. MR. CHAIRMAN: It' s the first time I 've ever seen one of these papers. I don't know which end is which on it. Could you get us a copy of that (covenants . renewed to 1983) and bring it in some time and drop it off to Linda? Certified by somebody, an official in the County' Clerk' s office? This is a title search thing but it doesn' t say anything in here about the covenants. Does an�.body have anything else to add before we fall asleep here? Yes? MR.. .McKiERNAN: I 'm mo expert, but I had that title search done with the idea in mind to buy the property naturally. Accord- ing to the title company, the title has no covenants and restrictions. But the letter that you read we think it' s really, it is really our intention not to buy it if the covenants and restrictions -- If we can build a house and meet all the covenants and restrictions with exception to setback which is the purpose of this application, what more can I say. Southold Town Board of Appeals -52- October 15, 1981 (Appeal No. 2874 - Matthew McKiernan, continued: ) MR. CHAIRMAN: Anyone else to speak? Bob, Joe? Anything else? (None) I ' ll offer a resolution closing the hearing and reserving decision until maybe we can get a certified copy back. MR. McKIERNAN: Can I ask a question? How long does that reserving decision take? Obviously we want to make a decision. We want to invest our money into it and want to do some building before it gets cold. MR. CHAIRMAN: Well , we've got several that we have reserved tonight and we 're going to have to have a special meeting some time within the next -- It will be before the next meeting, well before it. And as soon as we get that paper from these people, then we can go ahead right away as soon as we can get together after. that. MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the . matter of Matthew McKiernan, Appeal No. 2874 . Vote of the Board: Ayes : Grigonis , Doyen, Douglass , Goeh- ringer and Sawicki. INFORMAL DISCUSSION. Richard J. Cron, Esq. and Dr. Arthur Schwartz, M.D. appeared informally before the board to discuss the board' s decision rendered August 24 , 1972 in Appeal No. 1632 concerning Dr. Schwart' s right-of-way. On September 29 , 1981 Dr. Schwartz applied for a building permit to construct a new one-family dwelling. Mr . Hindermann, Building Inspector issued a Notice of Disapproval dated October 2 , 1981 on the following grounds : Access road (r-o-w) has not been. improved to the requirements of Town Law, Section 280A, and Board of Appeals conditions , Appeal No. 1632 , dated August 24 , 1972 for Ruth Sloan Gimbernat. On October 9 , 1981 correspondence was received by the chairman indicating the above and that Mr. Hindermann has suggested that Dr. Schwartz mention that 280-A of the code had not been followed through by Mrs. Gimbernat and that no report of final inspection of the road was on file with the building department. The chairman and. the board members explained what the normal requirements of the ZBA are for all road improvements before them for 280-A approval. The board was informed that the applicant will be filing for a variance asking for a waiver of the road improvement requirements in the near future. Southold Town Board of Appeals -53- October. 15, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2895. Application of Katherine Ebert for Mattituck Holding Corp. , Mattituck, New York (by Norman A. Reilly as agent) , for a Variance for approval of access , New York Town Law Section 280-A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Kil- lian; west by LeoGrande and Cox Neck Road; south by Chudiak, Mc- Gunnigle , Zeigler, DeMaula and North Drive; east by Mattituck Creek; and near Boscola. County. Tax Map Parcel No. 1000-106-6- part of 13. 3 . A public hearing was held earlier this evening concerning this appeal and closed, pending this decision. By this appeal, appellant seeks approval of access over a right-of-way shown to be 30 feet in width on survey for appellant dated July 27, 1981. The right-of-way extends south and south- easterly from West Mill Road past appellant' s property, and is and has been utilized for access to the residence now or formerly of Boscola adjacent southerly to the appellant' s property. It is the feeling of the Board that this right-of-way should be improved to the normal road .specifications adopted by this Board on March 22, 1979. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by- Mr. Grigonis, it was RESOLVED, that the access be approved as requested in Appeal No. 2895 by .Katherine Ebert for Mattituck Holding Corp. , SUBJECT TO THE FOLLOWING CONDITIONS : 1. Such access road must have a width of not less than 15 feet and be cleared of all trees, brush and other obstructions to a width of 15 feet. 2. Such access road shall be improved in either of the following two methods : (a) Surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to Southold Town Board of Appeals -54- October 15, 1981 Regular Meeting the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches, OR (b) Have .topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of three-quarter-inch stone blend,. or in the alternative oiled .with a minimum of four-tenths. of a gallon of road oil per square yard. 3. No certificate .of occupancy shall be issued for the con- struction of any buildings- or structures, or any existing buildings or structures, on the premises to which this access is referred until all of the conditions set forth herein have been complied with. 4. Where the terrain of the land over which such access road is .traversed is such that drainage problems may occur, the applicant and/or owner shall be required to construct such drainage facilities as may be recommended by the Town Engineer. 5. That this access road be approved by the Board of Appeals, Town Inspector or Town Engineer, or Town Building Inspector as to meeting the above requirements . Location of Property: Off a private right-of-way off the West Mill Road, Mattituck, NY; County Tax Map .Parcel No. 1000-106-6- part of 13. 3. Vote of the Board.: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals -55- . Octobbr::15, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2890. Application of Warren E. Hufe, Jr. and Ellen Hufe., Wells Avenue, Southold, NY (by Rudolph H.. Bruer, Esq. ) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48 ; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16 . A public hearing was held earlier this evening concerning this appeal. The Board made the following findings and determination: Appellants by this appeal seek a variance to permit the use of the subject premises for industrial purposes, to wit, manufacturing. of" .sma-1:1 °.mechanicai '.parts:.pr.incipally in the large concrete-block"showroom" building. Also existing on the premises are a two-story frame building and steel storage building. The premises in question contains an area of approximately 37,700 square feet and is a corner lot with approximately 244 . 85 feet along County. Road 48 and 132. 93 feet along Railroad Avenue (Youngs Avenue) . The premises is in a B-1 General Business District. . In. considering this appeal, the Board determines that the variance. if -allowed will not produce adverse effects on available governmental facilities of any increased population; that the circumstances herein are unique and that an economic hardship has been shown; that the variance request is not substantial in relation to the code requirements for uses within this business zone; that the relief requested will be in harmony with and promote the general purposes and intent of the zoning code; that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; that the safety, health, welfare, comfort, conven- ience and order of the town will not be advsersely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that a variance to the zoning ordinance as applied for-in-Appeal No. 2890 , application of WARREN E. HUFE, JR. and .ELLEN HUFE, be granted,."SUBJECT..TO THE FOLLOW- ING CONDITIONS: Southold Town Board of Appeals -56- October 15, 1981 Regular Meeting (Appeal No. 2890 - Warren E.. Hufe, Jr. and Ellen Hufe continued: ) (1) That no work be--.done or materials displayed or stored outside of the building[s] , and (2) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323 , et seq. of the Suffolk County Charter. Location of Property: 45655 C.R. 48 and Youngs Avenue, Southold, NY; County Tax Map Parcel Item No. 1000-55-2-16 . Vote of the Board: Ayes:. Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution .was unanimously adopted. Southold Town Board of Appeals -57- October 15, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2891. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc. ) , North Road, Southold, NY (by Rudolph H. Bruer, Esq. ) , for a Special Exception to the Zoning Ordinance, Article VII, Section 100-80 (B) for permis- sion to utilize the subject premises for Light Industrial Use. Lo- cation of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue) , Southold,, NY; bounded north by Harris and Dickerson; west by Youngs Avenue; south by C.R. 48 ;. east by Edson. County Tax Map Parcel No. 1000-55-2-16 . A public hearing was held and closed earlier this evening con- cerning this appeal, at which time decision was reserved until a later time. By this application, applicants seek permission to use premises for "light industrial use" to allow the operation of a manufacturing plant for small mechanical parts, principally in the large concrete- block "showroom building. " Existing on the premises are a two-story frame building, steel storage building, and the large concrete-block "showroom" building. The premises in question contains an area of approximately 37,700 square feet, is a corner lot with approximately 244. 85 feet along County Road 48 and 132. 93 feet along Railroad Avenue (Youngs Avenue) , and is zoned "B-1 General Business. " The'.Board finds -.and .determines that the within application for a Special Exception to the Zoning Ordinance, Section 100-80B is not appropriate in that Section 100-80B applies to properties presently zoned "C-Light Industrict. The property in question is zoned "B-1 General Business. " It should .be noted in this record that applicants have applied simultaneously to this Board, in Appeal No. 2890 for a Variance requesting the. same relief applied herein. On motion by Mr. Goehringer, seconded- by Mr. Sawicki, it was RESOLVED, for the above reasons, that she subject application, No. 2891, be dismissed Vote of . the Board:.. Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals -58- October 15 , 1981 RESERVED DECISION: Appeal No. 2886 . Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 1007-32 for permission to con- struct accessory building (garage) in the frontyard. area at 56005 County Road 48 , Greenport, NY; bounded north by L. I. Sound; west by Chudan; south by C.R. 48 ; east by Atwan. County Tax Map Item No. 1000-44-1-19. Earlier this evening a public hearing was held and closed. The Board made the following findings and determination: Appellant has appealed .to this Board seeking a variance to construct an accessory building, to wit, garage, in the frontyard approximately 13 feet north of the County Road and approximately two feet from the easterly property line. Section 100-32 of the Zoning Code permits the construction of an accessory building in the rearyard and such building . shall be set back not less than three feet from any lot line. The premises in question is a parcel of land located on the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000 , Section 44, _Block:..1, Lot 19) ; and is bounded on the north by L.I. Sound; west by Candan; south by County Road 48 ; east by Atwan. There. is presently erected on the lot a private one-family dwelling. The dwelling is set back approximately 30 feet. The lot contains an area of approximately 66 ,50 square feet. Appellant previously applied to this Board to locate the accessory :structure (storage building) in approximately the same location as applied for herein. The previous appeal (No. 2769 was denied without prejudice on December 29 , 1980 , one of the reasons being the location did not appear to be the most feasible under the circumstances. The existing dwelling contains a square footage of approxi- mately 1,020 square feet and the proposed accessory garage would contain an area of approximately 360 square feet. Appellant' s house is so situated on the lot such that the width of the easterly' side yard is approximately eight feet, and the width of the side yard at the west of the house is approximately five feet at its nearest point. Appellant in his appeal has set forth the reasons for locating the accessory building as applied rather than in the required rear yard. All of the members of this Board have visited the site and are familiar with the structure located thereon as well as the terrain and the closeness of the waters of the L. I. Sound. Appellant has testified that he does not wish to locate the accessory building in any .area:.other than as applied, and the Board does not agree with appellant' s reasoning on this particular location. Southold Town Board of Appeals �-59- October 15, 1981 The Board finds and .de:termines that a detriment to adjoining properties will be created if the variance is granted as . applied for; that a substantial .change in the .character::of the neighbor- hood will be produced; that a more feasible location of the proposed structure may be obtained under the circumstances; that the structures would exceed the maximum permitted 20% lot coverage requirements of the zoning code; and that the interests of justice would not be served by granting the variance as applied for. However, the Board .does recognize the. appellant' s need for a storage facility but. .does .not . agree with this specific location. On motion by Mr. Grigonis , seconded by Mr. Douglass, it was RESOLVED, that the application of Nicholas D. Yuelys, in Appeal No. 2886 be denied .as. applied for. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. Southold Town Board of Appeals -60- October 15, 1981 Regular Meeting RESERVED DECISION: Appeal No:.. 2784:.. Upon application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie, III as agent) for a Rehearing for approval of access, New York Town Law, Section 280-a. Location of Property: Right-of-Way off the East Side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; south by Bay; east by Ballenger; County Tax Map Parcel No. 1000-87-1-21. A public hearing was held earlier this evening concerning this application, at which time the hearing was closed after receiving testimony and comments and decision reserved until a later time. By letter dated May 12, 1981 to this board, applicant has claimed practical difficulties in complying with this board' s decision dated April 30 , 1981 and rendered April 2, 1981, wherein this board granted approval of access subject to several conditions. Applicant asserts that the right-of-way over which he has requested this board' s approval is not owned by him and that portion over which he has a right to use for access is less than 15 feet wide. Conditions (a) and (b) of this board's decision rendered April 2, 1981 requires applicant to improve the right-of-way for a minimum width of 15 feet accordingly to certain road specifications. By unanimous resolution of this board taken at a special meeting held May 22 , 1981 , this board determined that a rehearing be held. A public hearing was held on October 15, 1981. After hearing all testimony and reviewing all documentation con- cerning this application, the Board finds that applicant appears to have a legal right over a "right-of-way in common with others for all purposes over "Old Woods Road" , commencing at the point where an. extension due west of the southerly line of the roadway last above-described intersects the westerly line of said "Old Woods Road" and running in a northwesterly direction over the entire width of said "Old Woods Road" to and from South Harbor Road. " The Board also finds that applicant has a right over a "right-of-way for ingress and egress from the northerly portion of the subject premises (1000-87-1-21) to South Harbor Road, as designated in deed recorded at Liber 8039 page 380 . Upon review- ing a February 26 , 1970 survey for a parcel along the subject right-of-way (Ralph Lavinia, and now or formerly of Pierson) , the Board finds that the right-of-way appears to have a .width of approximately 11 feet at its intersection with South Harbor Road, and gradually widening as it extends towards the subject property, having a width of approximately 30 feet at a point approximately 450 feet from South Harbor Road easterly. It is the feeling of this board that the road can be improved and should be maintained for emergency vehicles and others. The Board finds that the relief requested is not substantial; that the practical difficulties are unique and no substantial Southold Town Board of Appeals -61- October 15, 1981 Regular Meeting (Appeal No. 2784 - Robert T. Bayley continued) change in the character of the neighborhood will be created by the granting of the relief requested; that the relief requested is within the spirit of the zoning ordinance and town law; that no adverse effects will be produced on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance as specified below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Robert T. Bayley be granted a .variance for approval of access, New York Town Law, Section 280-a, .SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the access road shall be improved- and unobstructed for a minimum width of .ten feet from a point at the easterly side of South Harbor Road and extending easterly approximately 450 feet (where the right-of-way is shown to be 30+- feet wide) ; (2) That the access road shall be improved and unobstructed for .a minimum width of 15 feet from a point approximately 450 feet easterly from its intersection with South Harbor Road and extending to the subject premises; (3) That the entire access road shall be improved in EITHER of the following two methods : (a) Surfaced with a minimum.-depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency and other vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; OR (b) Shall have topsoil removed to a depth of eight inches and then filled with eight inches of a good grade stone and sand bank run. The surface shall then be covered with. a layer of two to four inches of three-quarter-inch stone blend, or in the alternative, oiled with a minimum of four-tenths of a gallon of road oil per square yard. (4) That no certificate of occupancy shall be issued for this parcel to which this access is referred until all of the conditions set forth herein have been complied with. (5) Where the terrain of the land over which such access road is traversed is such that drainage problems may occur, the applicant is required to construct such drainage facilities at any time same is recommended by the Town Engineer. (6) That this access road. be approved by the Board of Appeals, Southold Town Board of Appeals -62- October 15, 1981 Regular -Meeting (Appeal No. 2784 - Robert T. Bayley continued: ) Town Inspector or Engineer, or Town Building Inspector as to meeting all the above requirements, and that a copy of said approval be fur- nished to the office of this board. Location of Property: . Right-of-way off the east side of South Harbor Road, Southold; County Tax Map Parcel No. 1000-87-1-21. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPEAL NO. 2846 . PATRICIA A. BAILEY. On September 17, 1981 the board closed the hearing, pending decision upon. receipt of an up-to-date certified survey showing the square footage of proposed Lots 1 and 2 and. showing the existing structures with.. setback distances. Letter was .forwarded to the applicant on September 23 , 1981, 'and to date the material requested has not been submitted for consideration. Southold Town Board of Appeals -63- October 15, 1981 Regular Meeting RESERVED DECISION: Appeal No. 2882. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III,. Section 100-31. for permission to build new house with insufficient front and rear yard.. area at 435 Cleaves Point Road (a/k/a 1945 East- Gillette- Drive) , East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038 , Lot No. 83; fur- ther identified as County Tax Map Parcel Item No. 1000-38-4-27. A public hearing was held earlier this evening concerning this appeal. By this appeal, appellant seeks permission to construct a new one-family dwelling with &..frontyard.°.setback off Cleaves Point Road of approximately 36 . 5 feet, frontyard setback off East Gil- lette Drive of approximately 24. 5 feet, and rearyard setback of approximately 15 feet from the easterly property line. The premises in question is a corner lot as defined by Section 100-13 of the Code and lends itself to the . practical difficulties in constructing any dwelling thereupon. The Board agrees with the reasoning of appellant. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and .the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Sawicki, seconded by Mr. Grigonis , it was RESOLVED, that Toba L. Orro, be allowed a .variance to the zoning ordinance, Article III, . Section 100-31 as requested in Appeal No. 2882. It should be noted that a conditional variance under Appeal No. FL-7 has also been filed.- concerning this property. Location of Property: 435 Cleaves Point Road (a/k/a 1945 East Gillette Drive) , East Marion, NY; County Tax Map Parcel No. 1000-38-4-27. Vote of the Board: Ayes: Messrs. Doyen, Douglass , Goeh- ringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals -64- October 15, 1981 RESERVED DECISION: Appeal No. FL-7. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY for a Variance to. the Flood Damage` Prevention Law of the Town of Southold, Section 46-18 for per- mission to construct basement floor. below the minimum base flood elevation requirements at 4.35 Cleaves Point Road, East Marion, NY; Marion Manor . Subdivision Filed Map No. 2038 ,. Lot. No. 83; further identified as County Tax Map Parcel- Item No. 1000-38-4-27. A public hearing .was held and closed earlier this evening concerning this appeal. The Board .made the following findings and determination: Appellant has appealed to this Board. seeking permission to construct the lowest floor, -to wit, basement floor of the proposed new dwelling approximately 3. 75 feet above mean sea level to be utilized for a- passive solar heat storage system and not 'for. living use or electrical components. The lot in question has approximately 10,000 square feet in area; and the plot plan submitted to the Board- indicates that the area where the new dwelling is to be located has an elevation at ground'-.level at the north end 8 . 5 feet above mean..sea level, at the south .end 7. 1 feet above mean sea7.level, and at the east side approximately 6. 7 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a Zone V5 with a minimum elevation of 8 feet. The Board- finds that there are homes in the neighborhood of the lot -in question of similar size, and the dwellings lowest floors .-are constructed below the minimum base flood level. The Board also. finds.:that .the lot in question .meets the standards set forth in. Section 46-16A. of the Code since it contains an area of less .than one-half acre and is contiguous to and surrounded by lots,:-with:--.existing.-strtictiires.:constructed below the base flood level. In passing upon this application, the Board. has considered all technical evaluations; all relevant .factors; . all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11Y , inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause .for the grant of this variance; (2) A failure to grant the .variance would result in exceptional hardship to the applicant; (3) The grant. of a variance will. not result in increased flood heights, or additional threats to public safety, or extraordinary public expense., or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. .Goehringer, seconded by Mr. . Douglass., it was RESOLVED, that Toba Laja Orro, applicant herein, be and hereby is granted a variance from the provisions of the Flood Damage Krevention Law of the Town of Southold to construct a one-family Southold Town Board of Appeals -65- October 15 , 1981 (Appeal No. FL-7, Toba Laja Orro continued: ) private dwelling on premises located at the easterly corner of Gillette Drive and Cleaves Point Road, East Marion, NY; further designated on the County Tax Map as District 1000 , Section 38 , Block 4 , Lot 27, with the finished basement floor to be elevated not less than 3.. 75 feet above mean .sea .level. as applied for and SUBJECT TO THE FOLLOWING CONDITIONS, to wit: (1) That the basement be flood proofed so that below the base flood level the structure is watertight with walls substan- tially impermeable to the passage of water; (2) That .the floodproofing requirements be certified by a registered professional engineer or registered professional architect as meeting the standards set forth in the preceding paragraph hereof; (3) That such certification be filed with the Building In- spector and with the Board of Appeals of the Town of Southold prior to the completion of the proposed structure and .as. early as possible; . (4) That prior to the commencement of construction, the applicant apply for and obtain a development permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage Prevention Law; (5) That there shall . be no habitable, living area below the minimum 8-foot base flood- level; AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, .the . applicant is .hereby given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation and that .the cost of flood insurance will be com- mensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to the .applicants and to the Town Building Inspector. Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and .Grigonis. 1 Southold Town Board of Appeals -66- October 15, 1981 Regular Meeting . . . .RESERVED DECISION: Appeal No. 2889- Application-..of Alan A. _.Y.. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to::.construct drive-in roof addition and alteration with an insuf= ficient frontyard and further reduction of landscaped area, for bank use. Location of Property: North side of Main Road, Mattituck, NY; bounded west by Factory: . (Railroad) Avenue) ; south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel No. 1000-142-1-26 . A public hearing was held earlier this evening, at which time decision was reserved until later. By this appeal, applicant seeks to construct a "drive-in" roof addition -ektendi'ng'.southerly-.:.fr.om :the front of:..the_.:build ng:.:approxi- mately 38 feet towards Main Street (Route 25) . Applicant proposes to reduce landscaping area by replacing with asphalt paving, which is within the province of the Southold Town Planning Board in con- sidering a revised site plan. A new bank branch is proposed at this location and it is their feeling that a "drive-in" area for banking transactioS.would be within the best interests of the town. The Board agrees with the reasoning of applicant. In considering this appeal , the Board determines that the variance request is not substantial; that the circumstances herein are unique and the. practical difficulties have been. shown; that by allowing the variance no substantial detriment to adjoin- ing properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities .of any increased population; that .the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehr.inger, seconded by Mr. Sawicki, it was RESOLVED., that Alan A. Cardinale be granted. a variance to the zoning ordinance,. Article VII, Sections 100-70 and 100-71 to con- struct drive-in roof addition as applied- for and SUBJECT TO THE FOLLOWING .CONDITIONS: (1) That approval from- the Southold .Town Planning Board concerning the revised site plan be obtained; (2) That .this matter be referred to the Suffolk - County Planning Commission pursuant to Sections 1323, et seq. of the . Suffolk County Charter. Location of Property: North side of Main Road, Mattituck, NY; County Tax Map Parcel. No. . 1000-142-1-26 . Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. Southold Town Board of Appeals "67' October 15, 1.981 ENVIRONMENTAL DECLARATION: Appeal No. 2908.. Application of Isabel DuBois for approval of- access .at. Private Road, Fishers Island, NY. On motion by Mr. Goehringer, ,seconded by Mr-. -Douglass, it was RESOLVED, to declare the following Negative Environmental = Declaration concerning the matter of Isabel DuBois : 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 .o.f '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. 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: Private Road, Chocomount Lot 3 , at Fishets . Island., NY: Vote of the Board: Ayes: Messrs. Douglass., Goehringer, Doyen, Grigonis and Sawicki. r a Southold Town Board of Appeals -68- October 15, .1981 ENVIRONMENTAL DECLARATION: Appeal No. 290.0. Application of Robert W. Nelson for approval - of access at .Private Road, Fishers Island. Fishers Island Map Block 16 , Lot 12. On motion by Mr. Goehringer, seconded by Mr-. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Robert W. Nelson 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. 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: Private Road, Fishers Island. Fishers Island Map Block 16 , Lot '12. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -69- October 15, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2902'. Application of Marjorie S. Dunaway. (1) approval' of. access (2) to construct pool in sideyard area (3) to con- struct ten-foot high tennis court fence., . Private Road,. F:.I. On motion by Mr. Goehringer, seconded by Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Marjorie S. Dunaway: 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. 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: Private Road, Fishers .Island, NY. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -70- October 15, 1981 ENVIRONMENTAL DECLARATION: Appeal No.' 2909.• Application of Robert A. and Bettyann Herreros. To. construct addition to dwelling with an instfficient- frontyard setback at 3000 Delmar Drive, Laurel. On motion by Mr. Goehringer, seconded by Mr. .Douglass, it was . RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Robert A. and Bettyann Herreros: 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 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: 3000 Delmar Drive, Laurel, NY: Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -71- October 1"5, .1981 ENVIRONMENTAL DECLARATION: Appeal No. 2901. Application of William A. Rusch: for approval- of the construction of raised""deck on pool with insufficient . side_ yard. On motion by Mr. Goehringer,. seconded by- Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of William A. . Rusch: 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 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: 50550 `Main Road, . Southold , NY. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -72- October 15, .1.981 ENVIRONMENTAL DECLARATION: Appeal No. 2899.. Application of Wilbur A. Baldwin to construct garage. in frontyard area. On motion by Mr. Goehringer, seconded by- Mr.. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Wilbur A. Baldwin: 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. 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: 1725 Nassau Point Road, Cutchogue, NY. ' Vote of the Board: Ayes: Messrs. Douglass,. Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -73- October 15, 1.981 ENVIRONMENTAL DECLARATION: Appeal No.. 2903 . Application of Richard and Joan -Zeisler for approval of the construction of walkways around the perimeter of applicaiit' s­- house with reduced front and side yard setbacks.- On motion by Mr. Goehringer, seconded by Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of 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. 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: 700 Jackson Landing, Mattituck,. NY. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -74- Octbber 15, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2904 .. Application of Thomas J. DeBorger to. construct new dwelling with insufficient front and side yard setbacks and exceeding maximum permitted 20% lot .coverage. On motion by Mr. Goehringer, seconded by Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of 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 o.f Appeals has determined that the subject project as proposed in this appeal application is hereby classified -as a ape 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. Applicant has secured approval from the. N.Y.S. Department of Environmental Conservation-. 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: North Road, Southold, NY.. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals 775- October 15, 1981 ENVIRONMENTAL DECLARATION: Appeal No. 2905. Application of William and. Margaret Killian.- structure in 'an area. other than the required rear yard. On motion by Mr. Goehringer, seconded by Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental. Declaration concerning the matter of William and Margaret Killian: 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 not located within 30.0 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: 5100 Private Road (off Mill Road) , Mattituck, NY. Vote of the Board: Ayes; Messrs. Douglass, Goeh ringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -76 October 15, .T981 ENVIRONMENTAL DECLARATION: Appeal No. 2906'. Application of Allan C. Dickerson to construct addition to existing building with insufficient sideyard setback in a B-1 General Business District. On motion by Mr. Goehringer, seconded by Mr. -Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Allan C. Dickerson: 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 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: Corner of Main Road and Wickham Avenue, Mattituck, NY. > Vote of: the. Board: Ayes: Messrs. Douglass , Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -.77- October 15, .1981 n ENVIRONMENTAL DECLARATION: Appeal No. 2907.1 Application of Dorothy C. Fleet for approval. of insuffi= cient width of one parcel in .a proposed two-lot division at Pequash Acres Subdivision, Lots 3 and 4 ,. Cutchogue. On motion by Mr. Goehringer, seconded by Mr-. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Dorothy C. Fleet: 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. 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: Lots 3 and 4, Pequash Acres Subdivi- sion, Cutchogue. Vote of the Board : Ayes: Messrs. Douglass , Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -78 October 15, .1981 n ENVIRONMENTAL DECLARATION: Appeal No. 2910 . Application of Demos Menakis. to construct new dwelling_ with an insufficient setback from Circle Drive. On motion by Mr. Goehringer, seconded by Mr-. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Demos Menakis : 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. 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: 980 Aquaview Avenue, East Marion. Vote of the Board : Ayes: Messrs. Douglass, Goehringer, Doyen, Grigonis and Sawicki. Southold Town Board of Appeals -79- October 15, .1981 ENVIRONMENTAL DECLARATION: Appeal No. 2918 .. Application of William and Helen Robison. (1) Approval ' of insufficient area and width of two proposed .parcels; and (2) to construct new dwelling with an insufficient frontyard setback. Northwest corner of Wavecrest Lane. and Saltair.e Way, Mattituck. On motion by Mr. Goehringer, seconded by Mr. Douglass,- it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of William -and Helen Robison: 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. 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 Propert . Northwest corner of Wavecrest Lane and Saltaire Way, Mattituck, NY. , Vote of the Board: Ayes: Messrs. Douglass , Goehringer, Doyen, Grigonis and Sawicki. y i r i Southold Town Board of Appeals -80 October 151, 1981: ENVIRONMENTAL DECLARATION: Appeal 'No. 2912 . Application of Frank Curran to construct accessory struc- ture in the sideyard area at 780 Fishermen' s Beach- Road, Cut-. chogue , NY. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Frank Curran::: 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 o.f 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 reasons) 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. 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: 780 Fishermen' s Beach Road, Cutchogue, NY. Vote of the Board : Ayes: Messrs. Douglass, Goehringer, Southold Town Board of Appeals -81- October -.15 ,- 198.1 ENVIRONMENTAL DECLARATION: Appeal No. 2913 . Application of Frances N. Frisbie-.to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area: On motion by Mr. Goehringer, seconded by Mr. - Douglass, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Frances N. Fr.isbie: 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 'o.f 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. 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: 175 Clearwater Lane, Cutchogue, NY. Vote of the Board : Ayes: Messrs. Douglass, Goehringer, r� Southold Town Board of Appeals -82- October 15, 1981 On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the following matters be scheduled for public hearings to be held at the next Regular Meeting of this board, to wit, November 5 , 1981 and that same be advertised pursuant to law: 7 :15 p.m. Isabel DuBois. 280-a. Fishers Island. 7 : 20 p.m. Robert W. Nelson. 280-a. Fishers Island. 7 : 25 p.m. Marjorie S. Dunaway. 280-a, pool in sideyard area and fence ten-foot high for tennis court. F. I. 7 : 30 p.m. Robert A. and Bettyann Herreros. To construct addition to dwelling with an insufficient frontyard setback. 3000 Delmar Drive, Laurel. 7 : 35 p.m. William A. Rusch. Approval of the construction of raised deck on pool with insufficient sideyard. 50550 Main Road, Southold. 7 : 45 p.m. Wilbur A. Baldwin. Garage in frontyard area. 1725 Nassau Point Road, Cutchogue. 7 : 55 p.m. Richard and Joan Zeisler. Approval of construction of walkways around the perimeter of applicants' house with reduced front and side yard setbacks. 700 Jackson Landing, Mattituck. 8 :05 p.m. Thomas J. DeBorger. New dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 200 lot coverage. North Road, Southold. 8 : 20 p.m. William and Margaret Killian. Accessory structure in an area other than the required rearyard. 5100 Private Road (off Mill Road) , Mattituck. 8 :30 p.m. Allan C. Dickerson. Construct addition to existing building with insufficient sideyard setback in B-1 Zone. Main Road & Wickham Avenue, Mattituck. 8 : 40 p.m. Dorothy C. Fleet. Approval of insufficient width of one parcel in a proposed two-lot division at Pequash Acres, Lots 3 and 4 , Cutchogue. 8 : 45 p.m. Demos Menakis . New dwelling with insufficient frontyard setback. 980 Aquaview Avenue, East Marion. 8 : 50 p.m. William. and. Helen Robison. (1) approval of insuffi- cient area and width of two proposed parcels, (2) construct new dwelling with an insufficient frontyard setback. Wavecrest Lane and Saltaire Way, Mattituck. 9 : 00 p.m. Ronald Roberts. Flood Law Variance to construct new dwelling in V-4 Flood Zone with base floor below the 11-foot minimum elevation above mean sea level. Cedar Point Drive East, Southold. 9 : 10 p.m. Frank Curran. Accessory structure in sideyard area. 780 Fishermen ' s Beach Road, Cutchogue. _ . R � Southold Town Board of Appeals -83- October 15 , 1981 (Set-Ups for November 5 , 1981 continued: ) 9: 15 p.m. Frank Curran. Flood Law Variance to construct improvements exceeding 50% of the market value of existing structure, in a Flood Zone A, with base floor below the 8-foot minimum elevation above MSL. 780 Fishermen' s Beach Road, Cutchogue. 9: 30 p.m. Frances N. Frisbie. To construct tennis court and fence exceeding the maximum four-foot height requirement .in the frontyard area. 175 Clearwater Lane, Cutchogue. Vote of the Board.: Ayes : Grigonis., Doyen, Douglass, Goeh- ringer and Sawicki. Being there was no .other business to come before the board properly at this time, motion was made by Mr. Grigonis, seconded by Mr. Sawicki and duly carried, to adjourn. The meeting was adjourned at 12:45 a.m. , October 16 , 1981. Respectfully submitted, APPROVED Linda -F. Kowalski, Secretary Southold Town Board of Appeals Chairman Board of Appeals RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE J a3#_. HOUR /1`/Z)A Town Clerk, Town So old