HomeMy WebLinkAboutZBA-08/06/1981 I
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Ln Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD,' L.I., N.Y. 11971
1 TELEPHONE (516) 766-1909
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR. M I N U T E S
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER REGULAR MEETING
JOSEPH H. SAWICKI
AUGUST 6 , 1981
A Regular Meeting of the Southold Town Board of Appeals was held
on Thursday, August 6 , 1981 at 7 :15 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.
The Chairman opened the meeting at 7 :20 o'clock p.m.
PUBLIC HEARING: Appeal -No. 2848 . Application of Donald C. DeLalla,
P .O. Box 526 , Cutchogue, NY for a Special Exception to the Zoning Ord-
inance, Art. III, Sec. 100-30 B (9) (a) for permission to dock and moor
two. boats not owned and used by owner of premises for his personal use
between existing pilings at 5545 Skunk Lane, Cutchogue, NY; bounded
north by Timpson; west by Baldwin' s Creek; south by Faraguna; east by
Bay Avenue (Skunk Lane) ; County Tax Map Item No. 1000-138-2-18 .
The Chairman opened the hearing at 7 : 20 p.m. by reading the appeal
application and related documents, legal notice of hearing and affidavits
attesting to its publication in both the local and official newspapers,
Notice of Disapproval from the Building Inspector, and letter from the
Town Clerk that notification to adjoining property owners was made; fee
paid $15. 00 .
MR. CHAIRMAN: We have a section of the County Tax Map showing
the premises, this property and we have a sketch showing existing
piles. Is there someone here who wishes to speak for this application?
Would you please come up to the mic up there so everyone can hear you,
and this. is going on the tape also.
DONALD DeLALLA: I'm Donald C. DeLalla, and I have a approval of
the. Board for what I am requesting.
MR. CHAIRMAN: Anything else?
DONALD DeLALLA: That' s all. (Remainder of statement was inaud-
�' ble. )
Southold Town Bo&__ of Appeals -2 August 6 , 1981
i�
MR. CHAIRMAN: You may be. seated then. Is there anyone else who
has anything to say for this?
GENTLEMAN IN AUDIENCE: I didn't understand. wha.t his statement
was.
MR. CHAIRMAN: I'm sorry,; I was rustling papers, Could you repeat
your statement? Those people say they didn't hear you. Maybe pull the
mic down a little bit.
DONALD DeLALLA: I just wish to bring to your attention that what-
ever has been said .by you now has been approved by the Board of Appeals
in a letter here.
GENTLEMAN IN AUDIENCE: This is the Board of Appeals.
DONALD DeLALLA: It has been approved. They sent me a letter
to that effect.
MR. CHAIRMAN: . Could I--
DONALD DeLALLA: Whatever has been said now has. been approved,
and whatever is taken up now is part .of it.
MR. CHAIRMAN: Could we see that letter, or could we have a
copy of it? One .of the two. .
(Mr. DeLalla brought his Environmental Notice of Declaration to
the Board. )
MR. CHAIRMAN: Oh, this is a declaration about the environmental--
DONALD DeLALLA: But it does say all the permits have been granted
and everything is in order. That' s the point I wanted .to make.
MR. CHAIRMAN: Well, this is the, this is the assessment, environ-
mental assessment, short form. This just, doesn't give any permission
to put up anything.
DONALD DeLALLA: I'm not going to put up anything. It' s. there
already.
MR. CHAIRMAN: It' s a--
DONALD DeLALLA: It's. been there since ' 79.
MR. CHAIRMAN: It says "This declaration should not be considered
a determination made for any other department or agency which may also
be involved, nor for any other project not covered by the subject appeal
application. " That' s something that goes with every, it just states
that it does not affect the environment.
DONALD DeLALLA: But whatever I 'm here for, in 1979 all this, these
pilings were put in with the approval of the three agencies, Trustees,
D.E.C. , and the. Army Engineers.
MR. CHAIRMAN: Alright. You can sit down. Anyone else to speak
for it? (THERE WAS NO RESPONSE. ) I have several letters here that I' ll
t
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Southold Town Boa— of Appeals -3- August 6 , 1981
have to read in. I' ll go through -the file here reading the permits
or whatever letters he had from the different- trustees and the boards
of the Town. (The Chairman read the following letters and permits :
a letter dated October 26 , 1979 from the Southold Town Board of Town
Trustees, application for mooring in Town controlled waters, also by
the Town Trustees, dated March 20, 1979, a letter received by _the
Board_ of Appeals on August- 5, 1981 from John E., Timpson, a letter
received August 5, 1981 by the Board of Appeals from W. S. Gardner,
President, Nassau Point Property Owners Assoc.iation,a letter received
on August 4 , 1981 from Gloria T. Nixon, a letter received August 3,
1981 from Kunigunde Dunhuber, Doris Dunhuber, and Lorraine Dunhuber,
a letter received July 29 , 1981 from.. Joseph P. Kirwin, a letter received
July 28 , 1981 from Roy & Dorothy DeMott, a letter received July 27 , 1981
from Laurence T. .Waitz, a copy .of a letter to Mr. DeLalla from the
Board of Town Trustees, . dated July 27, 1981 , received July 27, 1981
from Marian Goubeaud, Secretary, Town Trustees. )
Mr. DeLalla, do you want to . say something else?
DONALD DeLALLA: Can I speak now?
MR. CHAIRMAN: Right.
DONALD DeLALLA: First, let me say that where the rumors started
about .me adding more poles, I don' t know. It' s a rumor; it is not
true. I am not in the intention of adding poles or adding any more
than what I have:.right now which are four poles accommodating my boat
and two other friends of mine. I never had the intention of adding
any more poles. Now, what I wanted to. know is why all these people .
who are objecting to whatever they' re objecting to did. not come forward
when I first applied for these poles in 1979. Why at this date they
are coming forward, when it was publicized in 1979. in the papers for
them to come forward and say -their objections. Nothing was said, I
was given the permits, and I went ahead. I put the poles in. . Third,
I have eliminated some stanchions in front of my bulkheaded property
to accommodate cars that are going to use those boats that are being
used there including my own. We are off the road, not a hazard to
any road traffic or anybody using that road, running, bicycling or
anything else. We are off the road. On my own property these cars
are being kept. As far as that camper is concerned., he was a friend
of mine, he came up from Florida and I got permission from Mr. Hindermann
to have that mobile home there until the .thirty-first of July, and
before that time those people had left. They agreed to it .and they had
left, so that..was the end. But, I just want to leave .this, in closing,
there has never been any intention to commercialize what I have there.
It was just an intention of mine to have my own boat and two others,
friends of mine, to moor them at that point. That' s about all.
MEMBER DOUGLASS : Can I ask you a question sir? Have you ever
been before this Board before for an application?
DONALD DeLALLA' Not the Board of Appeals. In fact, I was told
by the Board of Trustees when I applied for the original poles, that
I would have to apply to the D.E.C. and the Army Engineers only. They
never requested or said or advised me as to the Board of Appeals
application.
MEMBER DOUGLASS : Is this why you put the application in now?
Southold Town Boa of Appeals -4- August 6 , 1981
DONALD DeLALLA: Mr,. Hindermann came to my home and said I had
a violation and I asked him, I'd like to go ahead .with the necessary
papers to clear . it, .he, I filled out the papers in front of him in
his office, and .it. seems to me from what I gathered that. everything
had been cleared.
. MEMBER DOUGLASS : Thank you.
MEMBER GOEHRINGER_: Now, to reiterate, Mr. DeLalla, there are
three boats there at this particular .time.
DONALD DeLALLA: That' s right.
MEMBER GOEHRINGER: Okay. Could you just give us briefly the
size of those three boats?
DONALD DeLALLA.: Mine is a 28 foot, there' s a 35 foot and another
28 foot.
MEMBER GOEHRINGER: Thank you very much.
MR. CHAIRMAN: . Are these, those\two boats other. than yours the
only ones that are tied up in. there? There' s been rumors around that
at different times there ' s different boats .in there.
DONALD DeLALLA: Well, .at the present time there is another boat
in slip, in the third, in the north slip because that owner of that
boat is having his motor overhauled so I'm doing a favor to Mr..'Maylin
who lives around the corner to leave his boat in, just put in the water
last Sunday, to let it .swell up, and then he' s. .going to move it possibly
today or tomorrow. But that boat' s going to be out of there and the
original fellow holding the slip is going to be . in there by next week.
MR. CHAIRMAN: Do you charge any fees .or anything?
DONALD DeLALLA: Absolutely not.
MEMBER DOYEN: Does anybody reside in those boats, or live on them?
DONALD DeLALLA: No; no, it' s just for mooring.
MEMBER DOYEN: Just for mooring.
DONALD DeLALLA: Just mooring, in and out. Nothing else is being
done there, if they sit on the boat there that's about it, or doing
a little repair work on the motor. and things like that. But there is
no residing. Where the rumor started about this putting more poles, I
don' t know. (Remainder of the statement was inaudible. )
MR. CHAIRMAN: That's about all you have to say?
DONALD DeLALLA: Unless you have any questions.
MR. CHAIRMAN: No, the Board seems to be alright. Does anyone
else have anything that they wish to speak on about this matter. If
not, I' ll, oh, excuse me.
,/ W. S. GARDNER: In opposition or for it?
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Southold Town Boa of Appeals -5- August 6 , 1981
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MR. CHAIRMAN.: Right. Do you want to get up and say something?
W. S. GARDNER.: Yeah, I will. I 'm-W. S. Gardner; I'm President
of the .Nassau Point Association. I wrote. you a letter. This is not
on our property, but I think it' s startin.g .to set some precedent.
First I must say that I agree with Mr. DeLalla that some of .the
letters that were written to you were not on the point of this hearing.
Theywere on another subject, more poles, more bulkheading. I don' t
think they're on the point of. this hearing. at all. But they raised
the question that why are we raising the issues at this time when he
got the permission for the poles last time. Well., the reason was, as
I understood it, that he put those. poles in for use of boats of his
or his relatives. I understand that is what the question .is now.
That these people are not his relatives; he can say he' s not getting
anything, but my experience is you don't do nothing for nothing. You
get some return for something. I've seen boats change there, different
boats come in. I think one of the things we should establish, if
these are relatives of his , he should tell us what the relatives are,
and what the relation is. If they're not relations, they should not
be kept there. . I know in Wunneweta Pond, I live in Wunneweta Pond, I
could put three boats out on my property. Somebody next to me could
put six boats because he has two lots there. That I don't want to
see. That' s why I'm fighting this thing, because I think it' s. a bad
precedent. It' s going to foul the waters; it' s got .to. . Cars are
parked there, people can do all sorts of things there. I'm against
it and that' s why I wrote the letter. Thank you.
MR. CHAIRMAN: Thank you. Anyone else? Mr. Waitz .
LAWRENCE WAITZ : I' d like to further reiterate my opposition to
this variance. I admit that my letter was slightly off base because
I thought he was asking for extra piles. But the main issue is the
commercialism of this venture. He spent the money for the bulkheading
and pilings, lights for each boat, a bubble system, and you don' t do
that just for your friends unless you're a very wealthy person, and
I talked to Paul Stoutenburgh this morning, he regretted he couldn't
be here, but he said that the Town Constable had spoken to one of
these people on one of :these boats and he said that he was paying for
the privilege of keep..ng the boat there, and then another thing, the
one boat has a large bow spread which sticks way out beyond the others
right out into the channel. And it is not just a simple thing of
having your friends or relatives there; it is beyond that. As Mr.
Gardner said, there have been different boats there. They come and
they go, and lately, they've been gone. Now, another thing, he says
that they just work on their motors , but people have been there on
weekends until 11 :00 o' clock at night with radios playing, people sit
in the cockpits , and they sit on the beach there, and they're there
all day long and far into the night maybe overnight. I don't know
about that. But they have to use facilities on those boats unless they
have the propert facilities they're in violation of the environmental
laws also. Thank you.
MR. CHAIRMAN: Thank you, Mr. Waitz. Yes sir, your name please.
r Southold Town Board of Appeals -6- August 6, 1981
JOSEPH KERWIN: Mr. Joseph Kerwin, and as I say, I think if we're
going to hope that this permit is granted, in any way, I think we're
going to open a Pandora' s box. You have a letter from Mrs. Dunhuber.
They're across the creek; they have 600 feet and if he's allowed to
go on enlarging and improving, they should be granted the same permit,
and we're going to have a lot of problems in there. That creek isn't
that big, and for these big boats that are in there, they can't even
turn around (this phrase was inaudible. ) They run the motors, they
knock the silt and dirt all over and into the channels. It' s not
right. I've got two pieces of property on the water. I'm not in the
market for that kind of stuff. We live on the creek because we like
it, and I think we should really. think serious about these conditions.
We got other residents coming up for bulkheading and stuff, we got a
pier and bulkhead line. These docks and stuff are out beyond that, and
I think if the Board was down and looks at it, they can see for them-
selves what' s going on.
MR. CHAIRMAN: We've been down there.
JOSEPH KERWIN: Well, as I say, the pier and bulkhead, you're not
supposed be out beyond that. These docks and stuff and way beyond these
pier and bulkhead lines established by the government. Thank you.
MR. CHAIRMAN: Thank you. Anyone else? Mr. DeLalla.
DONALD DeLALLA: First of all, when that bulkhead was built, 11
years ago by Rambo all legal permits and acceptances and so on was
granted for him to go ahead to put it where it now is. There was no,
there was no objection as to where it is now. That's 11 years ago,
for the bulkheading. Now, that bulkheading is on my property, I can
go down on that bulkhead and sit down there all day long in the sun,
there' s nobody that says I can't, with my friends or anybody else I
wish to sit on my own property. I'm not, there has never been any
abuse of loud music or any disturbance as this gentleman mentioned
before. That is absurd. It's never been that way. The boat that is
there now, somebody said that the, there's been different boats there.
Now let me explain that. The boat that is there in the center of the
slip now is there .for one reason. The one that occupied that space
originally, the man took sick last year, has cancer, and as of today
it was hauled out of my backyard down to Corrigans Boatyard' in Hampton
Bays to be sold. I had that slip empty. I had a friend of mine come
to me and say I noticed that that slip is empty could I use it, I said
sure. I'll even give you his name, his name is Fred Meyers. That takes
care of that slip. Now, the end slip I just explAined before, that .
there's another boat there because it is empty. The slip is empty, the
man just put the boat in the water, he wants it to swell up and he' s
going to move it either today or tomorrow, and the boat that originally
belongs there is now being repaired in Southold Shipyard, and when that
is repaired it will come back in its original slip. And that will be
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Southold Town Boa_ _ of Appeals -7- August 6, 1981
(DONALD DeLALLA, CONT. ) : the way the set up is. There'll be no
additions as I've heard. Now, as I said, I got a 60 foot bulkhead
there by 12 foot. It's my property. I can have my friends sit on
that and sun themselves or do whatever they please on there without
making a nuisance of themselves. That's within the law. That' s about
all I think I can say right now. If I can be shown where I must have
relatives occupy those spaces, I'd like to . see it. Why it can't be
friEnds, as previously mentioned it had to be relatives. Now just one
thing in passing, I wish to say that this was set up in 1979: there
was no objections at that time. I've been doing whatever I've been
doing for these past few years and no one has come forward or has
shown" . any objection in these few years. Now, someone's coming forward,
and there has been no. violations as far as I'm concerned. That's all.
MR. CHAIRMAN: Alright, thank you. I'll offer a resolution
closing the hearing and--
GENTLEMAN IN AUDIENCE: There' s a question over here.
MR. CHAIRMAN: Wait a minute, oh, excuse me.
WILLIAM PETERS: lily name is William Peters. I'm a member of the
Creek Committee of the Nassau Farms Association. I'd like a clarifica-
tion of the code. As I understand it, the code says you can have two
boats other than your own for your own private use. For your own
personal use. Does that mean that you can only use boats for your own
personal use, or does that mean that you can have boats there that be-
long to your _friends.
MR. CHAIRMAN: You can have two boats other than those that are--
WM. PETERS: I'm trying to come from memory as to what the code
says, you read the code and the second, second letter.
MR. CHAIRMAN: Yeah. That's it.
NM. PETERS: It' s my understanding that you can have boats other
than your own there, if you are using the boats.
MR. CHAIRMAN: It' s, "There shall be docking or mooring facilities
for no more than two boats other than those owned and used by -the owner
of the premises for his personal use. " It means if he owns two boats,
-there can be two other boats, a friend's or someone else.
WM. PETERS: No, I think it, he can have two boats not owned by
him.
MR. CHAIRMAN: No, it doesn't, that's where there's a catch in this
thing here that, he may have three or four boats of his own, and accord-
ing to the way I interpret this, He could still put in two more boats
belonging to someone else.
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Southold. Town Boai-u of Appeals -8- August 6, 1981
W. S. GARDINER: But he needs a Special Exception, that's what
this hearing is about.
14M. PETERS: Alright, okay.
MR. CHAIRMAN: The whole thing is by Special Exception, that' s
why the application--
11M. PETERS: As a member of the Nassau Farms Creek Committee, I
think I'd like to go on record as saying that we oppose this on a
matter of principle because we feel that this will set a precedent. On
the other side of Mud Creek is 600 foot of space, which could have some
30 boats moored there.
NR. CHAIRMAN: Somebody the other night told me she's going to
do it. Anyone else? This gentleman over here.
ROY DeMOTT: I'm Roy DeMott, 103 Bay Avenue. I object to Mr.
DeLalla's having the three boats at the dock from early spring to
late fall, and then they come out, they go to a marina, they're taken
out of the water and they're stored in the lot next door to him along
with a camper, all winter long, then they come out and go back in the
water again. Now, if that's not a marina operation, I don't know what
is. And they're the same boats: Plus the fact that last year there
was people living on the boats for well over a month. Groceries
going on and off and the trash was coming. 'on- and off. And I don't
think that conforms to the code, that you can live on a boat. Moored
at the dock continuously.
MR. CHAIRMAN: Thank you. Well, we've got several hearings to go
and it's getting into the evening, so I'll offer a resolution closing
this hearing and reserving the decision until a later date.
MEMBER GOEHRINGER: Second.
On motion made by Mr. Grigonis, seconded by Mr. Goehringer, it was.
RESOLVED, that the hearing be declared closed and decision reserved
in the matter of Appeal No. 2848, application of Donald C. DeLalla.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer, and Sawicki.
PUBLIC HEARING: Appeal No. 2852. Application of Margaret McGowan,
17 Aberdeen Street, Malverne, NY 11565 (by Gary Flanner Olsen as
attorney) for a Variance to the Zoning Ordinance, Art. III Sec. 100-31
for approval insufficient area and/or width of two parcels due to the
relocation of lot lines. Location of property: R-O-W south of Great
Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by
Johnston & Mormile, south by Alexander, west by Kennelly; County Tax
Southold Town Boaz . Df Appeals -9- August 6, 1981
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Map: Item No. 1000-128--4-11 & 14.
The Chairman opened the hearing at 8:06 p.m. by reading the appeal
application and related documents, legal notice of hearing and affi-
davits attesting to its publication in both the local and official
newspapers, Notice of Disapproval from the Building Inspector, and
letter from the Town Clerk that notification to adjoining property
owners was made; fee paid 815.00.
MR. CHAIRMAN: We have a copy of the County Tax Map and a survey
by Van Tuyl that was just done and submitted to us showing the division.
Is there anything that you would like to add to what has been said in
here, Mr. Olsen?
GARY OLSEN, ESQ. : I don't think so. Just for the record, my
name is Gary Olsen; I'm an attorney in Mattituck and I represent Mrs.
McGowan and as I indicated in the application, she is in the process
of selling parcel /#1 on the map that Van Tuyl submitted., which is
part of this application. The map is dated July--28th, 1981 . As you
are aware, we were before this Board under appeal 7#2800 and in the
decision which, a denial at that time, the Board stated that it's the
opinion of the .Board that lot 11 should be increased in size. Right
now lot 11 , that's Tax Map lot 11 shown on Van Tuyl's survey of July
28th now as being parcel #2, has about 2700 square feet. The Board
stated that it's the view, '1the opinion of this Board that lot 11
should be increased in size in view of the fact that it' s substantially
substandard. However, the Board is of the opinion that a larger area
of land should be set aside for lot 11 . Accordingly, the Board denies
the appeal without prejudice and urges the applicant to set aside more
land for lot 11 and reapply to the Board. " And its this reapplication
that we're now presenting to the Board. I've had Van Tuyl try to
separate these two pieces in a logical fashion,. giving as much possible
area from Tax lot #14, which is owned by Mrs. McGowan, to Tax Lot #11 ,
which is owned by the Estate of J. Harry McGowan. The way the lines
are now re-defined, Tax lot #14 would have approximately 8500 square
feet. You'll see on Van Yuyl's survey, which you have before you, that-
he states the area would be 7200 square feet but that only goes up to
the Right of Way, and if you include the area of the Right of Way, it' s
about another 1385, I'm sorry, 1355 square feet. It brings up the total
piece up to about 8855 square feet. Then Tax lot 11 , parcel 2 on the
survey, we brought up to 5000 square feet, which is substantially
above what it is now. Now it's about2700. I think it's a, you know,
if the Board apparently was not pleased with just cutting a back yard
around the house on lot 2 out, it wanted more area and we're trying to
comply with your wishes in that prior decision of appeal #2800 by this
division. There are real economic, and obviously practical difficul-
ties in leaving the parcels the way they are now without redefining
the lot lines and it's fortunate that we can do that. It'd difficult
to sell a piece of property with a house encroaching on it and the
parties seem to be willing to redefine them so we ask the Board's
approval. And since the last hearing, I'd just like to again bring
your attention to the fact that I do have two Certificates of Occupancy,
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Southold Town Boaru of Appeals -10- August 6, 1981
one for Mrs. McGowan's house, lot #14, that's a C.O. , pre-existing C.O.
#Z 10493 and on Tax lot 11 owned by the Estate of J. Harry McGowan, I
have a pre-existing C.O. #Z 10492. Again, we're not trying to increase
the density of the area. It will still be two houses, it's just, we're
changing the line, and we need the approval of the Zoning Board to do
that.
MR. CHAIRMAN: Thank you. Anyone else to speak for -this?
(THERE WAS NO RESPONSE. )
Anyone to speak against it?
(THERE WAS NO RESPONSE. )
Any questions from any of the members of the Board?
(THERE 1,TERE NO QUESTIONS. )
I'll offer a resolution granting this as applied for.
MEMBER GOEHRINGER: Second.
MR. CHAIRMAN: The findings are -that they increased the lot as
accorded, requested, and it's not effecting the neighborhood in any
other way, just another line on the map. Subject to Planning Board
approval, another thing you need.,
The Board made the following findings and determinations:
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Southold Town Bc i of Appeals ugust 6 , 1981
Appellant by this appeal seeks to change lot lines between
two parcels in order to give more room to the easterly parcel
owned by the Estate of J. Harry McGowan, which will contain an
area of approximately 5,000 square feet. The westerly parcel
owned by Margaret McGowan will. contain an area of approximately
7,200 square feet (exclusive of the 15-foot right-of-way at
the northerly end) and the existing home with porch and patio
will have a rearyard setback of approximately 22 feet. The
existing house on the easterly parcel encroached onto the
westerly parcel with its present lot line location, and if
this variance is granted, the house on the easterly parcel
will have a yard setback from the proposed new division line
of approximately 30 feet.
Appellant previously applied for a variance to change lot
line in Appeal No. 2800 in which appellant requested a variance
from the required lot area of approximately 922%, or 3,000
square feet for the easterly parcel (Lot 11) . The Board denied
same without prejudice urging applicant to set aside more land
for the easterly parcel.
In considering this instant appeal, the Board determines
that the circumstances herein are unique and the practical
difficulties have been shown; that the grant of the variance
Would not produce a substantial detriment to adjoining resi-
dential properties; that the difficulty cannot be obviated by
a method, feasible to the appellant, other than a variance;
that no adverse effects will be produced on available govern-
mental facilities of any increased population; that the relief
requested will be in harmony with and promote the general
purposes of the zoning code; and in view of the manner of
which the difficulty arose, the interests of justice will be
served by allowing the variance.
On motion by Mr. Grigonis , . seconded by Mr. Goehringer, it
was
RESOLVED, that Appeal No. 2852, application of Margaret
McGowan, be granted a variance to the zoning ordinance to
change lot line as requested and subject to written approval
of the Southold Town Planning Board.
Location of Property: Private Right-of-Way south of
Great Peconic Bay Boulevard, Laurel , NY; County Tax Map Parcels
No. 1000-128-4-11 and 14 .
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goeh-
ringer, Sawicki and Grigonis.
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` Southold Town Boa; of Appeals -12- August 6, 1981
PUBLIC HEARING: Appeal No. 2853. Application of Kenneth I. &,
Judy M. McFall, 245 East 40th Street, New York, NY 100 by Gary
Planner Olsen as attorney) for a Variance to the Zoning Ordinance,
Art. III Sec. 100-31 for permission to construct one-family dwelling
from pre-existing chapel with insufficient rear yard setback at
7216 Great Peconic Bay Boulevard, Laurel, also known as Laurel Acres
Minor Subd. (Piccione Minor Subd. ) Map No. 124, Lot 2; County Tax
Map Item No. 1000-126-10-part of 1 .3.
The Chairman opened the hearing at 8: 19 p.m. by reading the appeal
application and related documents, legal .notice of hearing and affidavits
attesting to its publication in both the local and official newspapers,
Notice of Disapproval from the Building Inspector, and letter from the
Town Clerk that notification to adjoining property owners was made; fee
paid 115.00.
MR. CHAIRMAN: We have a copy of the section of the County Tax
Map showing the area and a survey showing the property with the building
situated on it. Is there anyone here, do you have anything that you
would like to add to it, Mr-. Olsen?
GARY OLSEN, ESO. : Yes. Gary Olsen, attorney in Mattituck for the
applicant. I'm representing people that are in the process of buying
lot #2, on a minor subdivision which was approved by the Southold Town
Planning Board, known as Laurel Acres, back on February 7, 1977. The
subdivision was prepared for a Hans Rein, r e i n, in the Estate of a
Nicholas Piccione, I guess, p i c c i o n e. The subdivision map that
was approved showed many buildings which were to be removed and have
been. Remaining on parcel #2 which my clients are in the process of
purchasing is a one-story frame building shown on the subdivision map,
and, as you're aware it has been used as a chapel. My clients, this
property is zoned agricultural-residential, their ideas for the building
is to renovate it for single family residence. I suggested that in.-
making sure that all bases were touched in the process of buying this
piece that they go to the Building Inspector to see whether they would
have any problems in making the renovations and the Building Inspector
gave us a Notice of Disapproval on the basis that the building appears
to be about 40, appears to have a rearyard of about 47 feet instead of
the required 50 feet. This is a pre-existing building. It's been here
for many many years and it's a substantial structure to require the
applicant's to move it for three feet in order to have a 50 foot rear-
yard would be a reallir, an economic hardship and a practical difficulty.
It would not substantially change the character of the neighborhood to
leave it where it is, and it's my understanding that if my clients did
not put more then 50/ of the value of the building into renovation, they
wouldn't even have to get the variance. We're doing this to be safe so
that if they do put more then 50/ of the value of the building into
renovations, requiring a building permit, that they would be able to
get one. And again, we're looking for about a three foot variance.
MR. CHAIRMAN: Thank you.
Southold Town Boar of Appeals -13- August 6, 1981
i
GARY OLSEN, ESQ. : Other then that, I have nothing else to add.
MR. CHAIRMAN: Thank you Mr. Olsen. Is there anyone else to
speak for this?
(THERE WAS NO RESPONSE. )
Anyone to speak against it?
(THERE WAS NO RESPONSE. )
Any questions from any of the members of the Board?
MEMBER DOUGLASS: There' s practically two acres of land with
that piece isn't there?
MR. CHAIRMAN: 86--
GARY OLSEN, ESQ. : It's a lot of property, it's 86, 131 square feet.
MEMBER DOUGLASS: Yeah.
GARY OLSEN, ESQ. : Yeah. The problem is the rearyard is slightly,
by today's standards, undersized. It wasn't--
MEMBER DOUGLASS: Yeah, I know.
GARY OLSEN, ESQ. : It wasn't when the chapel was put, up, but,
MR. CHAIRMAN: I think this pre-existed the ordinance, the
building there--
GARY OLSEN,ESQ. : It pre-existed and the only thing is that they
would have to come in for a new building permit to renovate it, de-
pending on the dollar value, cumlatively, the dollar value of the im-
provements, and the Building Inspector told us that, not knowing what
the dollar value would be, it would be best to come in and apply for
the variance so that's what we're doing.
MEMBER DOUGLASS: They'll spend more than half.
GARY OLSEEN9 ESQ. : It's a big building. It has about 5,000 square
feet. I don't think they're going tocrenovate the whole thing. It'll
be part of it, but--
MEMBER DOUGLASS: Even then, they'll still spend more than half.
GARY OLSEN9 ESQ. : But even so, yeah.
Southold Town Boa. - of Appeals -14- August 6 , 1981
s
IVR. CHAIRMAN: Do you have any questions? (Negative. )
The Board made the following findings and determinations:
Appellant by this appeal seeks approval of an insufficient
rearyard setback of existing chapel approximately 47 feet from
rear property line. Appellant is contract vendee for the parcel
in question (Lot 2 , Laurel Acres Subdivision as approved 2/7/77) .
Appellant plans to renovate the existing structure for one-family
dwelling use. The Board agrees with the reasoning of appellant..
In considering this appeal, the Board determines that the
variance request in relation to the code requirements is not
substantial; that the circumstances herein are unique and prac-
tical difficulty has been shown; that the relief if granted will
not change the character of the neighborhood and will be in har-
mony with and promote the general purposes of the zoning code;
that if the relief is granted no adverse effects will be produced
on available governmental facilities of any increased population;
that the difficulty cannot be obviated by some method feasible to
appellant other than a variance; that in view of the manner in
which the difficulty arose, the interests of justice will be
served by allowing the variance.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that a variance to the zoning ordinance be granted
as applied for in Appeal No. 2853 , application of Kenneth I. and
Judy M. McFall, subject to referral,-6f':.:this matter to the Suffolk
County Planning Commission pursuant to Sections 1323 , et seq. of
the Suffolk County Charter.
Location of Property: 7216 Great Peconic Bay Boulevard,
Laurel, NY; County Tax Map Parcel Item No. 1000-126-10- part of
parcel 1. 3.
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Sawicki
and Grigonis. Mr. Goehringer abstained from vote.
PUBLIC HEARING: Appeal No. 2846. Application of Patricia A.
Bailey, RR #1 , Box 114, Cutchogue, NY for a Variance to the Zoning
Ordinance, Arta III, Sec. 100-31 for permission to subdivide three
merged lots, and approvaliof insufficient area of proposed lot #2,
approval of insufficient fron.ttard of proposed lot 7#3 of said lots
at 2155 Skunk Lane (Bay Ave. ), Cutchogue, NY. Above mentioned front
yard of proposed lot #3 faces Leslie Road, Cutchogue; bounded north
by Nerone, Ficht, McCleery, bounded west by Bay Avenue, bounded south
by Maly, Price, Leslie Road, bounded east by Swiatocha; County Tax
Map Item No. 1000-97-4-11 , 12, 17.
Southold Town Boaz Df Appeals -15- August 6, 1981
The Chairman opened the hearing at 8:30 p.m. by reading the
appeal application and related documents, legal notice of hearing and
affidavits attesting to its publication in both the local and official
newspapers, Notice of Disapproval from the Building Inspector, and
letter from the Town Clerk that notification to adjoining property
owners was made; fee paid $15.00.
N.R.. CHAIRMAN: We have a section of the County Tax Map showing
this property and a map of the property. Is there anyone here who
wishes to )speak for this application?
PATRICIA BAILEY: I would just like -to say that I believe the law
changed in 1972. Is that correct? As far as lots being one acre land,
one acre lot?
MR. CHAIRMAN: Yeah, but--
PATRICIA BAILEY: Well, at that time, my husband was extremely
ill, and if I had known that the law was going to be changed, I would
have made sure that I had. I _had made sure that all my lots had been
separate. Also I'd like to say something off the record.
MR. CHAIRPITAN: Sure. (The Chairman indicated to the recording
secretary to turn off the dictation machine. The recording of the
meeting resumes with the following: )
MR. CHAIRMAN: Thank you. Is there anyone else to speak for this?
(THERE WAS NO RESPONSE. )
Anyone to speak against it?
(THERE WAS NO RESPOIT . )
Any questions from any of the Board members?
(THERE iA R.E NO QUESTIONS. )
Ve were down, and we were a little bit confused when we were looking at
it after we got another look at it, so I would like to recess this 'till
a future date so we can go back and go over it. Perhaps get a hold of
you and you could show us better -and -6xplain-',it.
PATRICIA BAILEY: I don't know where the difficulty would be.
MR. CHAIRMAN: Well, I think we were on the wrong road when we
were there in the first place to look at it. It had the wrong angle on
it. We saw some--
PATRICIA BAILEY: Well, it's Harold Price's old barns. I'm sure
✓ you know where that is.
Southold Town Boaz Df Appeals -16- August 6, 1981
R. CHAIRMAN: Yeah, yeah.
PATRICIA BAILEY: Okay, that would be one piece. Harold Price' s
six acres in the back. I have no intention of selling any of this land
at the present time.
MR.. CHAIRI'L N: Right.
PATRICIA BAILEY: Nothing would be changed, other than my roll.
MR. CHAIRMAN: I'll close the hearing, -offer a resolution to: close
the hearing and reserve the decision until a little later date.
MEMBER DDUGLASS: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, that the hearing be declared closed and decision reserved
in -the matter of Appeal No. 2846, application of Patricia Bailey.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer, and Sawicki.
PUBLIC HEARING: Appeal No. 2847. Application of Gunter Morchel,
Nassau Point Road, Cutchogue, NY (Swim King Pools, Route 25A, Rocky
Point,NY 11778 as agent) for a Variance to,-the Zoning Ordinance, Art.
III, Sec. 100-32 for permission to construct an inground swimming
pool in the frontyard area at the corner of Nassau Point Road & Old
Menhaden Road, Cutchogue, NY; also known as Nassau Point Subd. , Filed
Map #156, Lots 17, 18; County Tax Map Item No. 1000-111-9-3.
ivR. CHAIRMAN: The next item, 2847, on behalf of Gunter Morchel
has been withdrawn. I have a statement here that says, dated August 3,
1981 , "Town of Southold, Board of Appeals. . . Gentlemen: This is to
advise that we are withdrawing our application for a variance with
regard to an 18 x 36 swimming pool at the residence of Gunter Morchel,
3485 Nassau Point Road, Cutchogue, NY. We submitted this date copies
of an updated survey showing the approved location for said pool.
Said surveys were presented to Mr. Edward Hindermann. Thank you for
your cooperation in this matter. Yours truly, Swim King Pools, Inc. ,
Noreen Hager. " They're putting the pool in the backyard so,:there's no
variance required. I'll make a motion granting this withdrawal.
MEMBER GOEHRINGER: Second.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 2847, application of Gunter Morchel
dated June 24, 1981 is horeby withdrawn as requested.
Southold Town Board of Appeals -17- August 6, 1981
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer, and Sawicki.
PUBLIC HEARING: Appeal No. 2849. Application of Warren A.
Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance
to the Zoning Ordinance, Art. III Sec. 100-31 & Sec. 100-36 for per-
mission to construct addition with insufficient side yard are and rear
yard setback at Dogwood Lane, East Marion, NY; also known as Gardiners
Bay Estates Subd. , Filed Map #95, Lot 96; County Tax Map Item No. 1000-
37-1-9.
The Chairman opened the hearing at 8:42 p.m. by reading the appeal
application and related documents, legal notice of hearing and affi-
davits attesting to its publication in both the local and official-.-
newspapers, Notice of Disapproval from the Building Inspector, and
letter from the Town Clerk that notification to adjoining property
owners was made; fee paid $15.00.
MR. CHAIRMAN: We have a County Tax Map showing the area and the
surrounding, and this property and the surrounding area. We have a
map of the property showing the location of the house and the proposed
addition. Is there anyone here who would like to speak for this?
li,'ARRETNT SAN1BACH: I'm Warren Sambach, the owner.
PtR. CHAIRMAN: Is there anything that you want toaadd to?
WARREN S.AYMACH: I think we pretty well covered all of it, Mr.
Chairman.
MR. CHAIRNL1N: Thankyyuu. We were down and looked at it and it's
a nice area in there. It's the first time in years that I've been
back in there, I forggt how nice it was in there.
WARREN SAMBACH: Mr. Dyer, who built the original house, faced
it in the southwesterly direction, I hope you noticed, and it's set
well back from the road so it has created a hardship to conform to the
sideyard and rearyard requirement.
MR. CHAIRMAN: Thank you. Is there anyone else to speak for this?
(THERE IfTAS .NO RESPONSE. )
Anyone to speak against it?
(THERE WAS NO RESPONSE. )
.Any questions from any of you gentlemen of the Board? Mr. Douglass.
Southold Town Boax :)f Appeals m18® August 6, 1981
MEMBER DOUGLASS: It sits on two of the original, two original
lots doesn't it?
WARREN SAMBACH: That's right.
MEMBER DOUGLASS: It's not one lot.
WARREN SAMBACH: No.
MEMBER DOUGLASS: That was two original_ lots.
WARREN SAMBACH: Two original lots, yeah, 95 and 96.
MEMBER DOUGLASS: Right.
MR.. CIAIRMAN: Anyone else have any questions? (Negative. )
Bob, you want to offer your resolution?
MEMBER DOUGLASS: I'll make a .motion that it be approved as
asked for.
MEMBER SAWICKI: I second it.
y
Southold Town Board of Appeals -19- August 6 , 1981
The Board made the following findings and determinations:
Appellant by this appeal seeks permission to construct an
addition to existing one-family dwelling leaving .a total of
both sideyards approximately. 22 feet (rather than the required
26 .3 feet) and leaving a rearyard setback of approximately 38
feet (rather than the required 50 .feet) . The premises in ques-
tion are improved with a one-family one-and one-half-story
frame dwelling with attached one-car garage, and contains an
area of approximately 20 ,080 square feet with. 118-foot road
frontage. The subject premises are known as Gardiner ' s Bay
Estates, Section II, Subdivision Lots 95 and 96 , and filed in
the Suffolk County Clerk' s Office as Map No. 275.
In considering this. appeal, the Board determines that the
variance request in relation to the code requirements is not
substantial; that the circumstances herein. are unique and prac-
tical difficulty has been shown; that the relief if granted will
not change the character of the neighborhood and will be in har-
mony with and promote the general purposes of the zoning code;
that if the relief is granted no adverse .effects will be produced
on available governmental facilities of any increased population;
that the difficulty cannot be obviated by some method feasible to
appellant other than a variance; that in view of the manner in
which the difficulty arose, the interests of justice will be
served by allowing the variance.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that a variance to the zoning ordinance as applied
for in Appeal No. 28491 application of Warren A. Sambach be
granted. Location of Property: East side of Dogwood Lane, East
Marion, NY; County Tax Map Parcel Item No. 1000-37-1-9.
Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goeh-
ringer, Sawicki and Grigonis.
PUBLIC FIEARING: Appeal No. 2851 . Application of Salvatore
Caiola., 74 I.rving Place, New York, NY 10003 (by Samuel J. Glickman
as a orney) for a Variance to the Zoning Ordinance, Art. III, Sections
100-30A (1 ) & 100-32 for permission to amend Building Permit #11152 Z,
which was issued for storage building, a permitted use Amendment to
living unit is not permitted with an existing dwelling on premises
without a Variance. Location of property: 49975 County Road 48,
Southold, NY; bounded north by Sound View Avenue, west by Sawicki,
J south by C.R. 27, Droskoski, Wolanski, east by Madsen, Kamps, Demitrack,
Dakis, Andriotis. County Tax Map Item No. 1000-51-3-8, 9, 12.29 13.2.
Southold Town Boar Df Appeals -20- August 6, 1981
The Chairman. opened the hearing at 8:50 p.m. by reading the appeal
application and related documents, legal notice of hearing and affidavits
attesting to its publication in both the local and official newspapers,
Notice. of Disapproval from the Building Inspector, and letter from' .the
Town Clerk that notification to adjoining property owners was made; fee
paid $15.00.
MR. CHAIRMAN: We have a section of the County Tax Map and a
survey of the property. Is there anyone who wishes to speak for this?
SAMUEL J. GLICHIAA.N: My name is Samuel J. Glickman, attorney in
Greenport. I wish to show the Board. at this time a survey showing the
surrounding propert*es of approximately 15 acres or more which abuts
to the property that we are asking for the amendment of the original
building permit. Originally there was going to be a storage, and, when
we bought, when Mr. Caiola bought the property from Mrs. Frody, Mr.
Caiola had no intentions, he was going to remodel it and didn't know
what to do. He then decided, while in the middle of building the storage
area that we was going to remodel the big farmhouse and live for him-
self. At that time, unbeknown to )himself and to the, to change the
building permit, he went ahead and put up a fancy building. After it,
while in progress of it and he was then in violation of his building
permit, and I'm here now to, the building permit was refused because
of the ordinance. I'm here now to ask that the, the Board grant a
variance and building permit as to the property, the house that was
there. The servant's quarters abuts to his land for a small piece; the
land which is owned by Mr. Sawicki--not the Mr. Sawicki sitting on this
Board so we don't have any conflict here. And, we are in the process
of dickering with Mr. Sawicki to straighten, if you look at ,the survey
I just handed you, we were going to buy property from Mr. Sawicki to
take in the Caiola property and straighten the line out and it would
be about 20 some odd acres of land, which will be in one name, comes
one piece under the Board, and ask.. that it be granted. It will never
hurt the character of the area because you have a florist, or hot
house, whatever you want to call it, west of it. There is, east of it,
I'm sorry, there's nothing in the character that will change anything.
There's plenty of land. The fallacy here is that it abuts another
piece of land, doesn't have a sideyard, backyard big enough. And the
Frod ., property unit itself is approximately an acre and a half. Count-
ing that and about 20 acres, you've got approximately 15=16 acres that
is one piece of land. And I ask that it wouldn't hurt anybody because
I don't believe they was anyone who has spoken, who has written in
objecting to it. Therefore I ask that the variance be granted.
MR. CHAIRMAN: Thank you Mr. Glickman. Is there anyone else here
who -wishes to speak for this?
(THERE WAS NO RESPONSE. )
Anyone to speak against it?
(THERE WAS NO RESPONSE. )
Southold Town Boaz of Appeals -21- August 6, 1981
MR. CHAIRMAN: Just where would the line be that you were going to
straighten out.
SAMUEL J. GLICKMAN: Let me show you on these.
(,The following statements are referring to building plans of
the applicant which were not provided to the secretary for reference
at the time of testimony. )
SAMUEL J. GLICKMAN: Alright, it would go approximately like this,
so we'd have one big piece (remainder of statement was inaudible. )
MEMBER GOEFMINGER: How :many acres is .this, Mr. Glickman?
SAMUEL J. GLICKMAN: This piece here is approximately 13 acres
of land.
MEMBER GOEHRINGER: This is 13.
SA.MUEL J. GLICKMAA.N: That's 13.
MEMBER GOEHRINGER: And you've got one and a half down here.
SAMUEL J. GLICKMAN: Approximately one and a half here. Approx-
imately .two acres back to here I think it is.
MEMBER DOYEN: How much doyau intend to-leave?
SAM13EL J. GLIMIAN: Just what--
MEMBER DOYEN: Each structure, or two structures?
SAMUEL J. GLICKMAN: We're not, we're not going -to do anything.
We're going to leave as is.
MR. CHAIRMAN: 'rThe old house exists.
SAMUEL J. GLICKMAN: The old house--
MEMBER DOYEN: No, but I mean, when you get all through,
MR. CHAIRMAN: There'll be two.
MEMBER DOYEN: How much longer--
MR. CHAIRMAN: Two buildings on the 15, 16 acres. -
Southold Town Board of Appeals -22- August 6, 1981
SAMUEL J. GLICKMAN: Let me show youo There's the old storage
shed. This was placed, the new part over here instead, the driveway
comes out to these.
(Mr. Doyen asked a question which was not fully audible on the
taped recording of the public hearing. )
SAMUEL J. GLICKMAN: This will remain as is here. You've got
approximately an acre, over an acre.
MEMBER DOYEN: Yeah, (remainder of statement was inaudible.)
SAMUEL J. GLICKMAN: Right.
MEMBER GOEHRINGER: Now, I'm with the understanding that you're
negotiating with Mr. Sawicki now.
SAMUEL J. GLICKMAN: Yes, I am. Mr. Caiola said he's negotiating
to straighten it out. If he buys it, or he doesn't buy it, he still
has all that land. There is no question, there is no question of a
subdivision now. I'll be honest with you.
MEMBER GOEHRINGER: Do we have a copy of this Charles?; .
(At this time during the hearing, more than one person was speaking,
and individual statements could not be heard in context. )
MEMBER GOEHRINGER: We have a copy of this, I mean, as. good as
this copy.
MR. CHAIRMAN: It's not too bad.
MEMBER GOEHRINGER: Not too bad? I had a little trouble reading
those. Okay, good. Thank you.
(There was a question brought up which could not be heard on the
tape. )
SAMUEL J. GLICKMAN: If we, in the future--
MEMBER DOYEN: It's academic at the moment, but someday, unless
one burns down, you're going to have to have two legal lots.
SAMUEL J. GLICKMAN: That is right. I understand that it's going
to have to be two legal lots for that accessory house someday in the
future. Let me be honest with you, we have no intention to do anything
right now. I've submitted plans for condominiums on another piece of
land, just purchased another 26 acres on the sound, which we intend to
Southold Town Boara of Appeals -23- August 6, 1981
develop. We don't intend to develop this right at the present time
at all. We have two in the process.
MEMBER GOEHRINGER: Would you like this back Mr. Glickman?
SAMUEL J. GLICKMAN: Thank you.
MEMBER GOEINRINGER: Thank you.
MR. CHAIRMAN: I'd like to keep one for the file.
SAMUEL J. GLICKMAN: Take them all. I don't need them.
MR. CHAIRMAN: Thank you. Are there any other questions from
any of the Board members? (Negative. ) I'll offer a resolution closing
the hearing and reserving decision until a little later date.
MEMBER GOEHRINGER: Second.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that the hearing be declared closed and decision reserved
in the matter of Appeal No. 2851 , Application of Salvatore Caiola.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer, and Sawicki.
PUBLIC HEARING: Appeal No. 2850. Application of Frederick T.
Horn, 297 Sunset Avenue, Westhampton Beach, NY 11978 for a Variance
to Section 280A Subsection 3 of the Town Law for approval of access
of Case's Lane Extension, Cutchogue; bounded north by Path. Way, west
by Fairway Farms, south by Case's Lane Ext. , east by Horn, Bouffler;
County Tax Map Item No. 1000-109-5-north section of 14.1 .
The Chairman opened the hearing at 9:02 p.m. by reading the appeal
application and related documents, .l'egal notice of hearing and affidavits
attesting to its publication in both the local and official newspapers,
Notice of Disapproval from the Building Inspector, and _letter from the
Town Clerk that notification to adjoining property owners was made; fee
paid $15.00..
MR. CHAIRnUT: We have a section of the County Tax Map showing
this property and the surrounding areas,.'.and we have a sketch of the
property showing the access road that they wish to apply for approval
for, have applied for rather. Is there anyone here who wishes to
speak in behalf of this?
Southold Town Boy of Appeals -24- August 6, 1981
FREDERICK HORN: . I'm Fred Horn. I1, 11 be glad to answer any
questions .
MR. CHAIRMAN: Is this going to go on through and connect on to
that `little road further south?
FRED HORN: No.
MR.. CHAIRMAN: No.
FRED HORN: Not that I'm aware of.
MR. CHAIRMAN:, Alright. Do any of you gentlemen have any
questions you'd like to ask this gentleman?
M."MBER DOUGLASS: It just goes to the golf course house then,
right?
FRED HORN: That's correct.
MR . CHAIRMAN: To the club house there, right?
MEMBER DOUGLASS: To the club house.
FRED HORN: Yes.
MEMBER DOUGLASS: The part that's already black-topped.
FRED HORN: That's correct.
D'!R. CHAIRMAN: Anybody else? (Negative. ) Thank you very much.
Is there anyone else to speak for it? (Negative. ) Anyone to speak
against it? (Negative. ) I'll offer a resolution closing the hearing
and reserving the decision until a little later date.
MEMBER GOEHRINGER: Second.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that the hearing be declared closed and decision _reserved
in the matter of Appeal No. 2850, application of Frederick T. Horn.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer, and Sawicki.
Southold Town Board of Appeals -25- August 6 , 1981
PUBLIC HEARING: Appeal No. 2833. Application of Northville
Industries Corp. , P.O. Box 111, Riverhead, NY 11901, for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-30 (A & B) for permis-
sion to use part of premises for commercial docking and mooring
with parking storage area in an A-Residential-Agricultural Zone.
Location of Property: 610 Naugles Drive, Mattituck, NY; bounded
north by Petersen,-and Robinson; west by Naugles Road; south by
McKenna; east by Mattituck Creek; County Tax Map Item No. 1000-
99-4-18. (Owners of subject premises : Mr, and Mrs. Joel McElear-
ney) .
The Chairman asked Member Goehringer to read the documents
concerning this appeal, and as follows: appeal application,
building inspector' s Notice of Disapproval, miscellaneous corres-
pondence. Mr. Grigonis then resumed chairmanship .,at 9 :11 p.m.
The, Chairman read the entire letter dated May 30 , 1981 from
the Mattituck Inlet Advisory Committee addressed to the Southold
Town Board of Appeals.
1
MR. CHAIRMAN: We have a section of the County Tax Map showing
this property and the surrounding properties; and we have a map of
the area showing this property and the surrounding properties on
Naugles Drive. Is there anyone here to speak for this application?
EARL ESPALAND: Yes, I'm here, my name is Earl Espaland,
MR. CHAIRMAN: Could you speak right into that mike there,
if you would sir?
MR. ESPALAND: My name is Earl Espaland. I'm General Manager
of Domestic Terminal Operations for Northville Industries, My
office was formerly located here in Riverhead. And Captain Dudley
who has been dealing with this subject is —currently out of the
Country. I'm here to represent Northville in this matter.
Northville has for many years been operating an off-shore
tanker-birthing operation for the reception and shipment of
various petroleum products. In this operation it is necessary
for us to maintain water-boring equipment, a water barge to ser-
vice the equipment, both along side the dock. as well as underground
equipment, underwater equipment. We also have a launch which is
birthed in Mattituck Inlet, which is the only . one-, in this area
and the only area where we can receive a safe birth. During the
years we have been maintaining our equipment formerly at the Naugles
dock and most recently what is known as the Petersen Property.
We have there maintained the property that we have been using, and
maintained the dock at which the barge has been birthed. We have
at that location maintained a small storage area for our own equip-
ment, and a small tank for the purpose of refueling our marine
Southold Town Board of Appeals -26- August 6 , 1981
(Earl Espaland continued) :
equipment. Very little maintenance work is done right at that loca-
tion. The matters or the points of. arguments that have been presented
in the letter from the Mattituck .Adv.isory Board to some extent are
quite exaggerated. . The small amount of sandblasting that we do amounts
to I think at the very most six hours over an annual period.
We do maintain our vessels there, our small work boat, which is
a 65' , 52-foot draft. The work barge is 85' . by 401 . It does . have a
crane, and it draws 22' . The purpose . for moving into the McElearney
Property is to obtain a long-term lease for the purpose of mooring our
equipment, something that we can rely upon for the purpose of servicing
our platform.
I have here a map of the area that I would like to show you if I
may.
MR. CHAIRMAN: Sure. I think we have that map in our file.
MR. ESPALAND: Oh, the Board has these?
MR. CHAIRMAN:. Looks like it.
MR. ESPALAND: Oh, you have it there. Ok. The:,-property is
designated, is shown there thee>50' by 100 ' area that we•,.would occupy
on the McElearney Property, and then the barge and the work boat off
the dock, off the bulkhead. We will--
MR. CHAIRMAN: Maybe it would - be better if you used the mike.
MR. ESPALAND: The location or the area that we would occupy on
the McElearney Property is designated, and off . the bulkhead we show
the location of where the barge would be, the. work barge, ::with'_bhe
board, as well as the work boat. In this location we are really
further away from the working channel of Mattituck Inlet than we were
before.
We find this to be appropriate for our requirements, and we have
the opportunity at this point to obtain a reliable lease which we
would, would enhance our opportunities and reliability. of servicing
our operation, which is vital to this area.
I would be happy to answer any questions that you may have on
this.
MR. -CHAIRMAN: Bob, do you have anything you would like to ask? .
MEMBER DOUGLASS : No.
MR. CHAIRMAN: N6.,. not tight at the moment, maybe
MR. ESPALAND: Our intention, of course, is, '�.we have demonstrated
this in .the past, that we have maintained our facilities in very good
order and we would make any improvements that were necessary to reach
your requirements.
Southold Town Board of Appeals -27- August 6 , 1981
MR. CHAIRMAN: All right, thank you for the moment. If we have
some questions a little later-- Is there anyone else to speak for
this? (Negative) Is there anyone to speak against this?
MICHAEL MADAS: My name is Michael Madas. I'm Secretary of the
Mattituck Inlet Advisory Committee. The Mattituck Inlet Advisory
Committee is a group of concerned citizens. The creation of the
Mattituck Inlet Advisory Committee was taken by the Town Board on
May 20 , 1980 . The purpose of the Committee is stated as follows :
The purpose of the Mattituck Inlet Advisory Committee is to
address planning options for the Mattituck Inlet area and make
recommendations to the Town Board.
I want to make it clear this evening that the Mattituck Inlet
Advisory Committee does not represent the Town Board. The Mattituck
Inlet Advisory Committee presence here this evening is only to give
information to the Zoning Board of Appeals and nothing more.
We have been studying this property for almost two years now,
on both a formal and informal basis. First as a. group of concerned
citizens, secondly as a more formal group with the sanction of the
Town Board.
If this Town can go back 25 or 30 years, there is no way.11'I feel
that the Town would have ever permitted the creation of the monster
that we have now in the commercial heavy-industrial area at the mouth
of Mattituck Inlet. This is a blighted area. This area has been
designated by the Long Island Regional Planning Commission, as we
stated in our letter to you which you read into the record a few
moments ago, a's .a geographic area of particular concern. Particular
concern because the situation down there now which hurts our local
tourist industry, which is polluting our off-shore waters and our
fresh-water supply down there, and also because of the visual pollu-
tion down there. Our beaches have been closed. Homeowners have been
had to suffer the disturbances of. heavy truck . traffic. If anything
the members of Mattituck. Inlet Advisory Committee are looking to
improve the area. Improving an area does not mean that an area is
going to be expanded. If anything the area down there should be
contracted-- it should be eliminated.
If the Zoning Board of Appeals were to approve the application
of Mr. and Mrs. McElearney, we would in effect be expanding a
blighted area. ..
We have stated several reasons for objections in. our letter, but
I must :take exception to a statement made here this-;evening about the
fact that Northville' s storage of boats and other vessels on the
McElearney Property if it were to be permitted would place these
vessels further from the working channel of Mattituck Inlet. A
study of the map in front of you will show actually that that property
juts our further into the channel. The channel there moves to the
left. Boats going out of Mattituck Inlet keep to the left. And
therefore it approached the land much closer with the McElearney
Southold Town Board of Appeals -28- August 6 , 1981
(Michael Madas continued) :
Property than they would, say, if they were to approach Petersen' s
Property. Petersen' s Property tends to veer away from the working
channel.
Many of our residents are down here this. evening because they
have heard about this hearing and they are very concerned. about it.
As I said before, I speak only for the Mattituck .In'let .Advisory
Committee this evening, but I know that behind me there are literally
hundreds of residents concerned about this matter that could not be
here for one reason or another. Some of them don't wish to be here
because they don't like getting up in front of public and make them
say it in front of the Zoning Board of Appeals. But I can tell you
that if the Zoning Board of Appeals is to have the best interest of
the people of our area at heart, it would not expand this area. And
I urge you not to do it this evening. Thank you.
MR. CHAIRMAN::. Thank you. Mr. Madas, there' s a letter here
from the Town Clerk that you're supposed to pick_a.up. I was just
made aware of it. Is there anyone else to speak against this?
FRANKLIN BEAR: My name is Franklin Bear, and I'm also a member
of the Mattituck Inlet Advisory Committee. Naturally I support
everything that Michael Madas has said and everything in the letter
to the Board, and I would like to say that we' re not here to oppose
Northville Industries as an operation, but to oppose the expansion
of that area--that industrial area into residential area. And for
all the reasons that. are mentioned in that letter, we believe that
for Northville to move to the south in effect would be a very serious,
brings about a very serious bad effect on that entire area and. would
extend an industrial area further. :I _would think that they could work
out an arrangement with the present owner, Mr. Petersen, and would
seem to me that that would be a proper placement and to. remain.
Thank you.
MR. CHAIRMAN: Thank you, Mr. Bear. . Yes, ma' am?
MRS. OTERO: I'm Mrs. Otero, and we live adjoining to the North-
ville Property. At that point there there' s a. very dangerous hill.
It' s downhill and there. are kids there which even in normal times,
and mentionL�of the area you study, are going to have difficulty in
seeing and judging the traffic. Any extra traffic- on that area is
going to make more hazardous than ever. I'm definitely not for it.
MR. CHAIRMAN: Thank you. Anyone else? Yes, sir?
MR. PETERSEN: I'm Mr. Petersen, and I am willing to arrange a
lease agreement with Northville at any time they wish.
MR. CHAIRMAN: Thank you. Anyone else?
RUTH OLIVA: Ruth Oliva, President, North Fork Environmental
Council. We would wish to concur with .the findings of the Mattituck
Inlet Advisory Committee, in.-whom we have the greatest respect for
their judgment. Thank you.
Southold Town Board of Appeals -29- August 6, 1981
MR. CHAIRMAN: Anyone else? Do you have any rebuttal you would like
to make, Mr. Espaland?
MR. ESPALAND: We also share the concerns that obviously have
been demonstrated here by the Mattituck Inlet Advisory Board and
others. It is not our intention to do anything different than what
we've done before. We are also only seeking to occupy a very small
portion of the McEl'earney Property. And the work or the boats that
we will be mooring there are not going to be in any way a detriment
to the area. We are concerned about the environment here. We have
done many things within the Mattituck Inlet and also within Long
Island Sound to assure that. We have helped in many areas with res-
pect to' safety and with people lost off shore, etc. We have done
many things to Help in that area, ..and our service here to this
particular location has a strong record. The traffic in the area
is going to be minimal. We're only talking about tops, . six or eight
people working there at any one particular time. We have on many
occasions before been seeking a lease agreement with Mr. Petersen,
and he has not been willing to do that until this time. I don't
know what that lease agreement would mean at this point, and I
therefore would appeal to you that we be granted this variance so
that the equipment that we are dealing with to operate in this
area can be safely moored and with some reliability. Thank you
very much.
MR. CHAIRMAN: Thank you. Any of you gentlemen have any questions?
(Negative) I' ll offer a resolution closing the hearing and. reserving
the decision until a later date.
MEMBER GOEHRINGER: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that the hearing in the matter of Northville Industries
Corp. , Appeal No. 2833 , be closed and decision reserved until. a later
date.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
Motion. was made by Mr. Grigonis, seconded by Mr. Goehringer and
carried, to recess -the regular meeting in order to go into "closed
session for deliberations" at 9:40 o'clock p.m. (approx. ) .
Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and
carried, to reconvene the regular meeting at 10:00 o' clock'-p.m. (approx. ) .
J
Southold Town Board of Appeals -30- August 6 , 1981
RESERVED DECISION: Appeal No. 2843. Application of
Phebe M. Bridge Estate, c/o Robert W. Gillispie III as agent,
P.O. Box 1112, Southold, NY 11971, for a Variance to New York
Town Law, Section 280A, Subsection 3 , and for a Variance to
the Zoning Ordinance, Article III, Section .100-31 for approval
of insufficient area of proposed Parcel No. 1, approval of
insufficient area and width of proposed Parcel. No. 2, approval
of access of three pr'oposed'.pArcels at the south side of Main
Road, Southold, NY (R-O-W off south side of Main Road, west of
boundary to Burns Real Estate) ; bounded north by Dubovick,
Hagerman, Town of Southold, Burns and S.R. 25; west by Schnei-
der; south by Bridge; east .by Cummings, Scott and Methodist
Church; County Tax Map Item No. 1000-61-4-2 and 9.
Appellant by this appeal seeks: (1) approval of access
to two parcels in a proposed minor subdivision over 'a 20-foot
wide right-of-way labeled No. "3" on survey mapped April 21,
1981 submitted with this appeal; (2) approval of insufficient
area of each of::the two parcels, 27,546 and 28,475 square feet;
(3) approval of insufficient width of Parcel No. 2,- :to wit,
127. 11 feet. Parcel No. 1 is improved with a two-story framed
house and accessory garage. Parcel No. 2 is vacant.
In considering this appeal, the Board determines that the
variance request in relation to the code requirements is not
substantial; that the circumstances herein are unique .and the
practical difficulties have been shown; that the grant of the
variance would not produce a substantial detriment to adjoin-
ing properties; that the difficulty cannot be obviated by a
method, feasible to the appellant, other than a variance;
that no adverse effects will be produced on available govern-
mental facilities of any increased population; that the relief
requested will be in harmony with and promote the general
purposes of the zoning code; and in view of the manner of
which the difficulty arose, the interests of justice will be
served by allowing the variance.
On motion by Mr. Goehringer, seconded by Mr. Douglass , it
was
RESOLVED, that a variance be granted as applied for in
Appeal No. 2843 , application of Phebe M. Bridge Estate, SUB-
JECT TO THE FOLLOWING CONDITIONS:
1. That Lots 2 and 3 as .labeled on survey mapped April 21,
1981 submitted with this appeal, be combined as one;
2. (a) That such access road shall have a width of not
less than 15 feet and shall be cleared of all trees, brush and
other obstructions to a width of 15 feet.
(b) That such access road shall be improved in
Southold Town and of Appeals -31- August 6 , 1981
(Phebe M. Bridge Estate, Appeal No. 2843 continued) :
EITHER of the following two methods:
(1) 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 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
(2) 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 4/10ths
of a gallon of road oil per square yard.
(c) No building permit or certificate of occupancy shall
be issued for the construction of any buildings or structures on
the premises to which this access is referred until all of the
conditions set forth herein have been complied with. -
(d) Where the terrain of the land over which such access
road is traversed is such that .drainage problems may occur, the
applicant shall be required to have constructed such drainage
facilities as may be recommended by the Town Engineer.
(e). .,That the access road. be approved by the Town
Engineer, Town Building . Inspector or Board . of Appeals as to
meeting the . above requirements.
3. That this .matter is subject to referral to the Stuffolk
County Planning Commission pursuant to Section 1323, et seq. of
the Suffolk County .Charter.
4. That this matter is subject to approval of the Southold
Town Planning Board.
Location of Property:. Right-of-way off the south side of
Main Road, Southold, NY; Parcel 1000-61-4-2 and 9.
Vote. of the Board,: Ayes: Messrs. Doyen, Douglass, Goeh-
ringer, Sawicki and Grigonis.
'Southold Town Boy of Appeals August 6, 1981
RESERVED DECISION: Appeal No. 2839, Application. of Albertson &
Katz (a/k/a Colonial Corners Inc. ) , Main Road, Southold, NY, by
William B. Smith as agent) , for a Variance to the Zoning Ordinance,
Art, VII, Sec. 100-71 for approval of insufficient area and yard set-
back of two proposed parcels at the south side of Main Road, Southold,
NY; east parcel to Dubovick; bounded. north by State Road 25; south and
east by Methodist Church. County Tax Map Parcel Item No. 1000-61-4-7 .
Appellant by this appeal seeks approval of insufficient area of
two proposed parcels, of approximately 3,075 and 4,200 square feet,
and will front on State Route 25 24,87.' feet and 25.00 feet respectively.
Each. of the parcels contain preexisting two-story frame buildings be-
tween which the dividing line is proposed. Along the easterly side
of the existing building on proposed Parcel 2 is a right-of-way, as
shown on surveyed. submitted with this appeal and dated July 16, 1969.
The premises are zoned. B-1. General Business .
In considering this appeal, the Board determines that the circum-
stances herein are unique and practical difficulty has been shown;
that the relief if granted. will not change the character of the, neigh-
borhood; that if the relief is granted, no adverse effects will be pro-
duced on available governmental facilities of any increased population;
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, Article VII,
Section 100-71 be granted. as applied for in Appeal No, 2839, appli-
cation of Albertson & Katz (a/k/a Colonial Corners, Inc. ) , SUBJECT
TO THE FOLLOWING CONDITIONS :
1 , That the square footage of the buildings cannot be
increased from their present size;
2. That the buildings cannot encroach on neighbor's property
line any more than presently exists,
3. That this matter is subject to referral to the Suffolk
County Planning Commission pursuant to Section 1323, et seq, of
the Suffolk County Charter,
4. That this matter is subject to the approval of the
Southold. Town Planning Board.
Location of Property: South side of Main Road (S .R. 25) ,
Southold, NY; County Tax Map Item No. 1000-61-4-7 .
Vote of the Board : Ayes : Messrs , Doyen, Douglass, Goehringer,
Sawicki, and Grigonis.
Southold Town Board of Appeals -33- August 6 , 1981
RESERVED DECISION: Appeal No. 2850. Application of Frederick
T. Horn, 297 Sunset Avenue; Westhampton Beach, NY 11978 for a Variance
to Section 280A, Subsection 3 of the Town Law for approval of access
of Case' s Lane Extension, Cutchogue, NY. bounded north by Path Way,
west by Fairway Farms, south by Case' s Lane Ext. , east by Horn, Bouff-
ler. County Tax Map Parcel Item No. 1000-109-5-.14. 1 .
Appellant by this appeal seeks approval of access over a
private road, "Case' s Lane Extension., " which is paved and in good
condition,.and approximately 50 feet in width.
In considering this appeal, the Board determines that the
variance request is not -.substantial; . that :the--'_circumstances herein
are unique and practical difficulty has been shown; that the relief if
granted will not change the character of the neighborhood and will be
in harmony with and promote the general purposes of Town Law and
town rules:_!and regulations; that the grant of this variance will not
produce a detriment to adjoining properties; that the difficulty
cannot be obviated by a method feasible to appellant other than a
variance; and that in view of the manner in which the difficulty
arose, the interests of justice will be served by allowing the
variance.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, that a variance be granted as requested in Appeal
No. 2850 , application of Frederick T. Horn-" for approval of access
at Case' s Lane Extension, Cutchogue, New York, premises more
particularly known as County Tax Map District No. 1000 , Section
109, Block 005, Parcel 14. 1.
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
Appeal No. 2168, H. Horace & Ruth E. Terry--The Chairman said
that he was familiar with the problem and that it would be taken
care of.
at �
Appeal No. 2831 , Frank J. Abbadessa6 The Board reviewed and
discussed Mr. Abbadessa's letter dated 7/27/81 and received 7/31/81 ,
addressed to the Board of Appeals, and it is the consensus of the
Board not to re-hear this matter to change, modify or reverse its
decision of June 18, 1981 . It was suggested that Mr. Abbadessa con-
tact the Buildiig Department in order to find out what alternatives
he would have for constructing a storage facility.
Southold Town Board of Appeals -34® August 6, 1981
Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and
unanimously carried, to set the next regular meeting of this Board to
be Thursday.. September 3, 1981 at 7: 15 o'clock p.m. to be held at the
Southold Town Hall, Main Road, Southold, New York.
Member Sawicki left the meeting at 10:55 o''clock p.m.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, that the amended minutes of the Special Meeting held by
this Board oh Wednesday, June 24, 1981 be approved.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was.: Mr. Sawicki. )
Motion was made by Mr. . Grigonis, seconded by Mr. Douglass,
that the following appeals be scheduled and advertised for public
hearings to be held at the next regular meeting of this Board, to
wit, September 3, 1981 at the Southold Town Hall, Main Road, Southold,
New York:
7: 15 p.m. Appeal of Michael A. LoGrande. E/s Stillwater Ave. ,
Cutchogue. Insufficient frontyard setback for view dwelling.
7:25 p.m. Appeal of Richard Poss.elt. 3145 Ole Jule Lane,
Mattituck. Insufficient rearyard setback for new dwelling.
7:30 p.m. Appeal of Demetrios and Joanne Joannides. 60 Central
Drive, Mattituck. Insufficient frontyard setback for
proposed deck/addition.
7:40 p.m. Appeal of Harry P. Fagan, Jr. 400 -Betts Street,
Cutchogue. Insufficient rearyard setback for proposed
.addition.
7:50 p.m. Appeal of.Thomas and Phyllis Maus. 480 Oakwood Drive,
Southold. Variance for approval of access.
7:55 p.m. Appeal of James Genovese. 620 Lake Drive, Southold.
Insufficient frontyard setback of proposed addition.
8:05 p.m. Appeal of Jon C. Kerbs. N/s Fleetneck Road, Cutchogue..
Insufficient area and width. Four proposed lots. Yard
determinations.
Southold Town Bc i of Appeals -35- August 6, 1981
8:20 p.m. Appeal of Mary Ray. 375 Factory Avenue, Mattituck.
Insufficient side and rear yard setbacks for carport.
8:30 P.M. Appeal of Gladys G. Bayles by Richard F. Lark, Esq. To
convert accessory building with guest room to dwelling use.
Smith Road (private) , Nassau Point, Cutchogue.
8:50 p.m. Appeal of Donald J. Finnerty. 1530 Fleetwood Road and
Betts Street, Cutchogue. To construct addition to accessory
building in the frontyard area.
9:05 p.m. Appeal of William and Ann Zoldessy. S/s Bergen Avenue,
Mattituck. Insufficient .area and width of two proposed parcels.
9: 15 p.m. Appeal of Sonny Brown. To use existing building as an
automobile repair shop (and/or reestablish use to permit use
as an automobile repair shop) . 73225 Main Road (S.R. 25) ,
Greenport.
9:30 p.m. Appeal of Anthony G. and Helen M. Nowachek. (a) To
construct deck/addition to dwelling with insufficient front-
yard setback, or (b) determining this improvement not to be
an addition to existing structure under the ordinances.
Corner of Pequash Ave. and Fleetwood Road, Cutchogue.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goerringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Michael A. LoGrande, Appeal No.
2854:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental Conservation Act, Article 8 of the Environmental Conservation
Law, and Section 44-4 pf the Southold Totem Code, notice is hereby
given that the Southold Town Board of Appeals has determined that the
subject project as proposed herein 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.
Southold. Town Bc d of Appeals -36• August 6, 1981
Permission has been obtained from the N.Y.S. Department of
Environmental Conservation pursuant to 6 NYCRR Part 661 requiring
this and all structures and construction activities to be within
95 feet of Stillwater Avenue. Septic system is to be placed within
20 feet of road.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Doyen,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Richard Posselt, Appeal No. 2855:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental 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 herein is hereby classified as a Type. II
Action not having a significant adverse effect upon the environment
for the following reason(s) :
An Environmental Assessment in the Short Form has been submitted
which indicates that no significant adverse effects were likely to
occur should this project be implemented as planned.
The property in question appears to be located within 300 feet
of tidal wetlands area, but the wetlands area is separated by a road
or similar type of barrier.
This declaration should not be considered a determination made
for any other department or agency which may also,,be involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Doyen,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of D. & Joanne Joannides, Appeal
No. 2857:
Southold Town Board of Appeals -37- August 6, 1981
ENVIRONMENTAL DECLARATION?:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental 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 sub-
ject project as proposed herein 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 proposed does not appear to be 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, and
Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by M.D. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Harry P. Fagan, Jr. , Appeal No.
2858:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617-13 of the N.Y.S. Department of Environ-
mental 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 herein is hereby classified as a
Type II Action not having a significant adverse effect upon the en-
vironment 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 proposed does not appear -to be located within 300
feet of tidal wetlands area.
Southold Town Board of Appeals -38- August 6, 1981
G
This declaration should not be considered a determination. made
for any other department or agency which may also be involved, nor for
any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, and
Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Thomas & Phyllis Maus, Appeal
No. 2859:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental 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 herein is hereby classified as a
Type II Action not having a significant adverse effect upon the
environment for the following reason(s) :
An Enviroxifa6ital 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 proposed does not appear to be 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of James Genovese, Appeal No. 2860:
Southold Town Board of Appeals -39- August 6, 1981
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental 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 herein 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 pro�.ect be implemented as planned.
The project proposed is located within 300 feet of tidal wetlands
area but is separated by a road or similar type of barrier.
This declaration:.should not be considered a determination made
for any other department or agency which may also be involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. 'Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concertizing the matter of Jon C. Kerbs, Appeal No. 2866:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of Environ-
mental 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 herein 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 sub-
mitted which indicates that no significant adverse effects were likely
to occur should this project be implemented as planned.
The project proposed does not appear to be located within 300
feet of tidal wetlands area.
Southold Town Board of Appeals -40- August 6, 1981
This declaration should not be considered a determination made
for any other department or agency which may also be involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Mary Ray, Appeal No. 2862:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of Environ-
mental 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 herein 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 proposed does not appear to be 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motiox%-`by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration_ concerning the matter of Gladys G. Bayles, Appeal No. 2864:
ENVIRONMENTAL DECLARATION:
Southold Town Board of Appeals -41= August 6, 1981
Pursuant to Section 617. 13 of the N.Y.S. Department of Environ-
mental 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 herein 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Donald J. Finnerty, Appeal No.
2861 :
ENVIRODIMENTAL DECLARATION:
Pursuant to Section 617. 13 of the N.Y.S. Department of Environ-
mental 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 herein 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 proposed does not appear to be 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 involved, nor
/ for any other project not covered by the subject appeal application.
. 1
Southold Town Board of Appeals -42- August 6, 1981
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental :
Declaration concerning the matter of William & Ann Zoldessy, Appeal
No. 2872:
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,
notie is hereby given that the Southold Town Board of Appeals has
determined that the subject project as proposed herein 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 sub-
mitted which indicates that no. significant adverse effects were
likelY' to occur should this project be implemented as planned.
The project proposed does not appear to be 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Sonny Brown, Appeal No. 2873:
ENVIRONMENTAL DECLARATION:
4 Y
` Southold Town Board of Appeals,,, -43- August 6, 1981
c
Pursuant to Section 617. 13 of the N.Y.S. Department of Environ-
mental 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 herein 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
occut should this project be implemented as planned.
The project proposed does not appear to be 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 involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonit, Doyen, Douglass,
and Goehringer. (Absent was: Mr. Sawicki. )
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Anthony G. & Helen Nowachek,
Appeal No. 2871 :
ENVIRONMENTAL DECLARATION:
Pursuant -to Section 617. 13 of the N.Y.S. Department of Environ-
mental 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 herein 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 proposed does not appear to be located within
300 feet of tidal wetlands area.
� 3
�.y Southold Town Board of Appeals —44— August 6, 1981
This declaration should not be considered a determination made
for any other department or agency which may also be involved, nor
for any other project not covered by the subject appeal application.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
and Goehringer. . (Absent was: Mr. Sawicki. )
Being there was no further business to come before the Board,
motion was made by Mr. Goehringe-r, seconded by Mr. Grigonis, and
carried to adjourn.
Respectfully submitted,
a/L
Eilen M. Carey, Reco-rdi g Secretary
Southold Town Board of Appeals
Linda F. Kowalski, Secretary
Southold Town Board of Appeals
APPRUVED
rman Board APPW
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