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HomeMy WebLinkAboutZBA-10/02/1981 �oS�FF� �oG Southold Town. Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR., CHAIRMAN SERGE DOYEN,JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI M I N U T E S SPECIAL. MEETING HELD OCTOBER 2, 1981 A Special Meeting of the Southold .Town Board of Appeals was held on Friday, October 2 , 1981 at 5:00 o' clock p.m. at the Southold- Town Hall, Main Road, Southold, New York. Present were: Charles Grigonis, Jr. , Chairman; Robert J. Doug- lass; Gerard P. Goehringer; Joseph H. Sawicki. Absent was : Serge Doyen, Jr. (Fishers . Island) . Also present were : Mr. Henry Lytle, Edward John Boyd V, Esq. as attorney for Southold Marine Center Land Holding Corp. , Appeal No. 2863, and Mr. Charles Wifsky. A Waiver of Notice of Special Meeting form was signed by the Board members concerning this meeting. RESERVED DECISION: Appeal #2863. Application of Southold Marine Center Land Holding Corp. , Main Road, Southold, NY (by Edward John Boyd V, Esq. ) for a Variance from the determination of the Building Inspector for : (1) insufficient buildable upland area; (2) proposed easterly lot will have existing buildings with insufficient sideyards; per Bulk and Parking Schedule and Section. 100-81. Location of Proper- ty : South side of Main Road (S.R. 25) , Southold, NY; bounded north by \,S.R. 25; west by O'Hara;- south by Budd' s Pond; east by Port of Egypt, Inc. ; County Tax Map Parcel Item No. 1000-56-6-2 & 3; 1000-56-4-15. Motion was made by Mr. Grigonis, seconded by Mr. Goehringer, ta. deliberate in closed;. executive session. The resolution was duly carried. Southold Town Board of Appeals -2- October 2 , 1981 Special Meeting Motion was made by Mr. Grigonis , seconded by.- Mr. Goehringer, and carried, to reconvene the Regular Meeting. The meeting was reconvened in the Town Board Meeting Room. The Chairman handed Mr. Boyd, attorney representing Southold Marine Center Land Holding Corp. in Appeal No. 2863 , a copy of the drafted conditions if this variance is to be approved. Mr. Boyd said that the restrictions proposed are on uses already existing and they cannot go. along with it at the present time, and that the Board had no authority to impose such conditions. I:t was agreed that each of the conditions would- be discussed while going down the list. . Mr. Wifsky indicated to the Board that he had planned to have a parking area on the westerly parcel .along the center between the docking and the Main Road, and that boats would be stored along the waterlying edge and along side the Main Road from October through May. The boats there now are boats that they have had difficulty contacting the owners of and that they could not lawfully remove them without the owners ' permission. It was also indicated to the Board members that the bend in the road is the problem, not the storing of boats. along the road. Mr. Wifsky said that the boats if stored in front of the showroom and storage building would be placed parallel to the road in the winter. At this time the secretary was asked to takes verbatim minutes of this discussion. MEMBER DOUGLASS: You' ll have to remember too that when you're figuring on this now, you' re going to have a parking area there, you are going to have to have a parking area there for servicing your .harbor boats and also the people are going to park there that are going to work on these boats that you .are storing. CHARLES WIFSKY (Albertson Marine) : This area in here, when we made the split of the ground there must be a permanent access into here, there must be a permanent access by truck, and another permanent access here.- We know that the parking area within here has to be open for these people, and these people, and in the summertime is the way it will be set up. It' s written as of a certain date this ground must be open. There' s open ground here, there' s open ground across here, there' s open ground of course here. And there' s also if we were to comply you say 35 foot piece across here, there could be eight or nine cars parked there. On an average day throughout the industry at -no time is there 30 boats in use. So if we have 90 boats wet, we' re talking about potential 35, give them another 15 cars for guests, we have more than ade- quate parking, deeded to use by this piece of property for permanent use as long as we 're here. This is part of an agreement that we would give them access through here. They would have access through here, so that they could get up to Southold Town Board of Appeals -3- October 2 , 1981 r Special Meeting (Mr. Wifsky continued: ) their piece down here, we could .get it here. We have tried to look at all problems, the problems that have come up in the past. The storage here, it was a lot of junk. You fellows ought to know it as well as I do. It has been laying there a heck of a long time. And nobody wants it that way because (a) a boat that sits on the ground- doesn't make anybody a buck. It doesn' t bring anybody into the Town to..spend money. I want fresh blood brought in, the .people. who will come in to the Town and spend some money, and they' ll gladly come if the place is presentable. And we want it ,presentable. MEMBER GOEHRINGER.: May I ask you a question, Mr. Wifsky? How close are you .now storing boats, or the existing boats that you're talking about -- the derelict boats in question. How close are they to the road right now? MR. WIFSKY: The closest one is probably six feet. MEMBER GOEHRINGER: Is .that six . feet in back of the tele- phone pole, or is that six feet-- MR. BOYD: Probably right about at the pole line. MR. WIFSKY: Right. MR. BOYD: There were boats there that encroached too far out into the road. There' s no question about it. And they have been pretty well moved.. One of the worst offenders was that "Charisma" which .was there for--..about, oh years, and. that' s gone. And it certainly is not Mr. Wifsky' s intention to put anything back like that. MR. WIFSKY: The problem is that it' s somebody's:.-property, and it becomes a very hairy situation just to take a piece of property and move it. without some approval. It' s put down on a spot, seasonal spot, and if it'.s moved from - that location., if there' s any damage, good.,. bad or different, we have to live with it. So we try and get in touch with the people. We have had some cooperation, and some people just sent us the registration and said they realized it was sick, get rid of it. We still have .four across the. street that will never in their lifetime float again. We have to get the paperwork done. I just can' t take it like that. When they're gone,. the boats that are on the road now, .the blue one, the "Anthony", and the fartherest one from the telephone pole will be across the street, as .soon as I get. ahold of them,. one;.�will be gone. I would really appreciate it if we could use this even if we had to do parallel lines, to- stay back. It would help our income; it will help me. keep my guys through the winter. That' s primarily-- I more than agree with you as far as the parking and cosmetically. MR. BOYD: I think you'd also like to be able to display new boats for sale there in the summertime, but far enough back Southold Town Board of Appeals -4- October 2, 1981 Special' Meeting (Mr. Boyd continued: ) so that it would not impede of any view of somebody pulling out of the fishing station. MR. WIFSKY: Well, I'm assuming: that .my neighbor who is in the same business I am has complied and we had intended to follow his-- in fact we have .all gotten together and Billy came up with some suggestions'.. You know, he' s for cleaning up the area. And I assumed that if I comply with the pattern he has followed through the years that we would be within the rules and regulations of the ground. MEMBER SAWICKI : How feet do you feel that you need of the County, from the State Road-- MEMBER GOEHRINGER: Let' s go from the telephone pole. MEMBER. SAWICKI : The telephone pole to store row boats there and be safe? MEMBER DOUGLASS: From the road line.. The road line comes in back of the pole line a little bit. MR. WIFSKY: Ok. The road line comes back. MR. BOYD: So the poles would be just to the north of the road line? MEMBER DOUGLASS : About a foot and a half north will be the road line. MR. BOYD: Ok. So let' s say .the pole line is roughly where the MR. WIFSKY: . But if I could. come say ten foot behind, I can get access, The lift if-you-,realize is a fairly big piece of equipment. It' s also dangerous when it' s being moved,and the visibility is difficult; and we need some room to come out. My intention was to park the boats on a 450 angle. If I can do that, you said a 10-foot setback. I can live with that because I can still have a driveway between. I have to have room to manuever the machine down the center. MEMBER DOUGLASS: How about giving a little more than that and going to about 16 feet so you have a parking place for your cars ,along there for the people that work on the boats? MR. WIFSKY: The parking space would be in here. The machine runs, the machine actually is moved twice a month-- MEMBER DOUGLASS: People are going to park along there. Southold Town Board of Appeals -5- October 2, 1981. Special. Meeting MR. WIFSKY: In the history we've been there I've had no one park along the road. MEMBER DOUGLASS: People are going to park along .there. MR. WIFSKY: Everybody parked -- MR. BOYD: Wouldn't they rather park in closer to the basin? MR. . WIFSKY: They normally park .behind the boats or between the boats. MR. BOYD: They like to get as close as they can so they don' t have to haul stuff and so forth? MEMBER DOUGLASS: Yes, they' ll park right up hard against their boat if they. can. MR. BOYD: Right, so I figured they'd park in here (along center) . MR. WIFSKY: We' ll have double car space. If they came in this way, we'd have actual space for almost 20 cars. MEMBER DOUGLASS: Well, he' s going to come back here, you're going to store your boats back here, right? MR. WIFSKY: Right, but .the machine . itself, is close to 20 ' wide . I need. a few extra feet for manuevering there. Now two cars parking side by side gives me approximately 16 ' of use, and they can drive in and out. The machine .is only moved through this area on hauling and . launchin.g, and if we have .to cut across I can still ( inaudible) but. it would necessitate the construc- tion, lay out of a quite a .bit of money to eliminate the moving of the machines through the center. But it : stll. could be done. There ' s an .answer to most problems. 'But it again would necessi- tate the outlay of quite a bit of money in building a, yard trail, would hold a 35-foot boat,. and move it easily, and .then the vehicle: of course .to do it. What . is . the actual measurement-- MR. BOYD: Which one. MR. .WIFSKY: Between here and . the telephone pole. MR. BOYD: It looks like about 90 feet. MEMBER DOUGLASS: Yes, that' s right. MR. WIFSKY: Cut back about 35, would leave .us about 55 feet approximately. If I put a 25-foot boat out on an angle, I can only physically get one boat in because I couldn' t bring the machine in then. Southold Town Board of Appeals -6- October 2, 1981 Special .Meeting MEMBER DOUGLASS: That' s why. I was saying, if you leave 15 out here or something, . if we agreed on something like that so that people with their cars still can be here and be off the road to work on these. You can store on an angle and you can store one across this way. MR. WIFSKY: ' What is the pos_sibility. of setting up a whole parking area on. here so .they have. to park inside? MEMBER GOEHRINGER: We tried that Mr. Wifsky in Mattituck and we even wrote the D.O.T. and told them to. please paint, physically paint.'in the gutter. . We:.-.had it paved first. It was paved, and then have them paint, and this was last year and we're still waiting. The .problem still exists and it' s just-- MR. BOYD: I'.m a little confused. Are we talking summer or winter right now? MEMBERS GOEHRINGER AND DOUGLASS: All yearround. MR. BOYD: In the summer, this wouldn't.b'e 4 problem. There wouldn't be boats along here. We're talking about winter storage of boats. MR. WIFSKY: The 16 ' you:'.re concerned with, or 15 , what- ever, would we be able. to use that for parking in the summer? MEMBER DOUGLASS: Sure. It would be part of your parking area. MEMBER GOEHRINGER: We're talking about permanent-- MEMBER DOUGLASS: It would be permanent. . MEMBER GOEHRINGER: We 're talking about -permanent storage. When we say "permanent, " permanent could be one day or 30 days, but if it were transient, transient would be overnight, that I would consider to be overnight. When we say "free and clear, " we' re talking about the situation of permanent, depending upon how long permanent is.. MR. WIFSKY.: : You mean if T hold .a boat for the season., that is permanent. MEMBER DOUGLASS: That_':s a "permanent. " Right. MR. WIFSKY: ; If the man came in with repair and he is going to be out one or ;two days it would be considered . transient. MEMBER DOUGLASS : That's right. MR. WIFSKY: That' s the nature of the business , really. We've got awtwo seasonal business. Southold Town Board of Appeals -7- October 2, 1981 Special Meeting MR. WIFSKY: If that' s a condition, that' s a condition. What can I tell you. We can probably live with it. It would not enhance the thing, but we could live with it. . MEMBER. DOUGLASS: It will make..the whole thing a. lot safer, believe me. MR. BOYD: But how many feet are we talking about? MEMBER DOUGLASS: Well, I suggest that 16 so that you have room for your cars along there. And .it also will give him room to go along with. his lift, because .his lift is not over that wide, it' s not over 16 feet. I know that. MR. WIFSKY: No, the lift' s at 14 about-- MR. BOYD: We're just talking about this property. Up here on the northern piece, we have no objection to the 35 foot. MEMBER DOUGLASS: You see the building that was built-- MR. BOYD: 30 feet. MEMBER DOUGLASS: That' s 30 feet on this corner and it was built with a permit that there would be no storage in the front of it. Mike always stored in front of it. But it' s built. The permit was issued so that there would be storage in front of it. In fact the State of New York insisted on that and they gave a little bit, because they wanted 40 feet at. the time to set the building back, but we were going to lose everything back here on Mike, and so-- MR. BOYD: That particular part of it, there' s no difficulty there. MR. WIFSKY: There would. be no objection to storing along side MEMBER DOUGLASS: No, it' s your property. He always stored along there. That' s where he stored all his row boats. MR. BOYD: Ok. So no storage south of the building on the north side of the road. We're agreeable, there' s no problem with that. None whatsoever. MR. WIFSKY: This I don' t-- MR. BOYD: 16 feet along. here? MEMBER SAWICKI: We'd like to have it. Like we said. before you can store those, you know,. one or two-day boats. in there if . you have to. Southold Town Board of Appeals -8- October 2 , 1981 r Special. Meeting MR. WIFSKY: We just want to get it to the point where it complies-- MEMBER DOUGLASS: So you can use it'.to the advantage. MR. WIFSKY: And cosmetically we want to get it looking as good as Bill' s place and ..hopefully better. That' s .all I can tell you. MR. CHAIRMAN: That's something that would be very nice. I _.wou-ld help.. . MR. WIFSKY: . I've got 40 gallons of paint laying .in the front building now. We':re waiting to paint. MEMBER SAWICKI: Are you going down each one, Charlie? MR. CHAIRMAN: Yeah. MR. BOYD: I don't quite understand number one. Where do we want to have the access there. MEMBER DOUGLASS : Well , you've got, a.s .you say, you have to have-- MEMBER GOEHRINGER: The access is right here. MR. BOYD: There' s also access through here. MEMBER DOUGLASS: This is what you have to leave, right. MR. WIFSKY: Right. Between this building, at no time can anything be closer than .60 feet to the point of this building. At no time can I put anything that would .obstruct our entrance-- MR. BOYD: For two ways in. Like this and down around like that (along both eas.t .and,-_west sides of "showroom and storage building" on easterly��proposed parcel). MEMBER DOUGLASS : And we said 30 feet. ' MR. WIFSKY: Well, you'd have more than 30 feet. MEMBER DOUGLASS: '30 feet improved. MR. BOYD: Ok. Well that' s the next thing that we' re going to get into. What the "improved"? We're dealing with the yard where things are moved around quite a bit. One year boats will be stored .in. one place, the next year they' ll be stored in another . place. One year cars will be parked in one place, the next year in another. It has always been a very lose and liberal sort of a thing as to exactly where they are. Southold Town Board of Appeals -9- October 2,1981 r Special. Meeting MEMBER DOUGLASS: Anybody going in there with an .emergency vehicle right now would kill himself. MR. BOYD: Have you been in there really. recently? MEMBER DOUGLASS: Yes, sir. MEMBER GOEHRINGER: We bottomed out .on every bump in the old Lieutenant' s car. MR. WIFSKY: We graded it five times this year. MEMBER DOUGLASS: I was in there a week ago with four-wheel drive, and . I don' t know the names of the kids that have bought that other part-- MR. BOYD: Which other part? MEMBER DOUGLASS: Bill 's part there. MR. BOYD: Nobody' s bought anything there. MEMBER DOUGLASS: I talked to him. He said his wife was buying it. . MR. BOYD: There is no agreement there whatsoever. Nothing in writing. Nothing has been signed on that at all. There is only one deal pending and that is the deal with Charlie, period! . I know exactly who you're talking about, a fellow by the name of Kavich. MEMBER DOUGLASS: I don't know him. MR. BOYD: There is no deal there. None. MEMBER DOUGLASS: Well, I was told right there by him that there was. MR. BOYD: Well, it' s not. MR. CHAIRMAN.:. It' s kind of hard to imagine until this one is set up. MR. BOYD: There is nothing! I guarantee you that. Nothing has been signed with those people. Nothing has.. been done there at all. She is simply running the fishing station for .Billy at the present time. Period. Now I don't know what else he might have told you. But he has absolutely no authority to say anything, and there is no deal there. And I hope that is very clear to everyone in this. room. I'm irritated. that he would shoot his mouth off about something like that. MR. WIFSKY: The property on the split, the road, I would not theoretically have anything .to do with this because it is not my deal. Southold Town Board of Appeals -10- October 2 , 1981 Special Meeting MEMBER DOUGLASS : No. He has to. MR. WIFSKY: This section (east side) . you would want to comply with whatever you request, is that right? MEMBER DOUGLASS : Right. And it' s very simply done. He misread .it, too. It' s very simply done. All you have to do is grade this off and put four inches of packed 3/4 blue stone blend on top of it and it meets the regulations. You see, now- he mis- read it. There are two alternatives. Go to-- MR. CHAIRMAN: (a) , the bottom of (a) . MR-.:.WIFSKY: Crushed -- MEMBER SAWICKI: Crushed . stone in. MEMBER DOUGLASS: These are alternatives ways. MR. BOYD: There' s one alternative, yes. MEMBER DOUGLASS: There are two alternatives, you can use Oil too. MR. BOYD: That' s in this one. MEMBER DOUGLASS : Yes. MR. BOYD: That' s the second alternative. MEMBER DOUGLASS : Right. MR. BOYD: So really there are just two ways of doing it. MEMBER DOUGLASS: Yes, depending on what you want. But stone blend works as good on top as it. works in the ground. MR. WIFSKY: It' ll work it' s way in and form up. MEMBER DOUGLASS. It makes. it like a solid-rock road. Solid-concrete road. It' s that hard, four inches of it would. You grade off the surface and. then-, yo.0 put that on top. MR. BOYD: Let' s say we go with the stone blend. How much time are you going to give us to do. that. We don' t have the cash to put in stone blend at the present time. MEMBER DOUGLASS : It' s not that expensive. .MR. BOYD: If you don't have any money, anything is expensive. MR. WIFSKY: And Billy' s side I can' t say. Southold Town Board of Appeals -11- October 2 , 1981 Special Meeting MR. .BOYD: And we don't have any money. That' s why we're here, gentlemen. . We don't have the money to pay the taxes on this. MEMBER GOEHRINGER: I just want you to be aware of the fact-- MR. BOYD: The taxes that have been paid to the town have been paid by Charlie Wifsky as a result of an extension from the Chemical Bank.. We don' t have the money to pay the taxes. MEMBER GOEHRINGER: Mr. Boyd, I 've been on .this Board for a year and a half, and I really don' t know you personally, but I want you to be aware of the fact that we accommodated you to the best of our, my ability in any case, I'm not speaking for the rest of the Board. I was called by North Fork Bank for this twice, personally. MR. BOYD: By North Fork?. MEMBER GOEHRINGER: By North Fork Bank. I have, we have done everything, myself as a Board member, have done everything that we possibly can to accommodate you in reference to a time limit because of the timeliness of this particular situation. So please. I-_just want you to be aware of that. MR. BOYD: And. the matter could have been put on then when the application was filed too rather than being held a couple of weeks. That' s another point. MEMBER GOEHRINGER: We have 60 days to make a decision once a hearing .is closed and we don't want to do that in this particular case because ,we are dealing with people that, we all know. And really. MR. WIFSKY TO MR. DOUGLASS : You're .talking about parking in here-- MEMBER DOUGLASS: You should use it all along here too and your parking area as you go along, see? MR. WIFSKY: It sounds like something we discussed. MEMBER DOUGASS: It will give you something-you will have a hard surface. You won't have a mud surface or anything else. And you' ll have a surface, you can go over the top of it with your machine with no problem at all in any kind of whether. MR. WIFSKY: We had originally planned on making a walkway down here behind the building. Again we would use I guess a boardwalk because of this-- MEMBER DOUGLASS: Yes, well that' s the-- Southold Town Board of Appeals -12- October 2, 1981 Special Meeting MR. .WIFSKY: That will give us permanent walkway access to here. MEMBER0DOUGLASS: You got to pull all this bulkhead in back and all this bulkheading over there. MR. WIFSKY: You have to go before the DEC. And I've spoken to the man in Hampton Bays that makes the applications and he' s going to take that on. We know what we have to do there. We had discussed putting a walkway behind here so we have permanent safe access across this piece onto the back. This sounds to me that' s something we had talked about and something we 've done on my other place anyway. We're forever -filling the roadway in. We're moving pretty heavy stuff , and on soft ground it gives. And yearly you have to dress it. You usually get through the whole year into the next Spring when you have to hit it again. And that' s just, right after the thaw hits the ground, if we put something down we can usually ride right to .the next Spring. MRS. WIFSKY: We.' r.e still wondering about the time. What is the time? MR. BOYD.:. Next Spring when it starts to thaw? When the ground softens up and then put it down? What'.s the most practical time to do it? MEMBER DOUGLASS : No, it doesn' t affect it. You can put it down at any time. The weather doesn 't affect that stuff. MR. WIFSKY: . In the past when it' s been down, it has always been right after the thaw in the Spring. MEMBER DOUGLASS: You can do them now and after the first two rains wouldn 't even move it. MR. CHAIRMAN: How much time would you like-- MR. BOYD: Is it a problem for you or is it more of a prob- lem for us., because we:':r.e :.the ones-- MR. WIFSKY: We have a limited-- MR. BOYD: Charlie only has to put in a relatively small amount of it. We have to put in quite a run as you can see. MR. WIFSKY: Substantial. I can probably do our side in the Fall, the access, if you've been down in there I think you' ll find this road is bad, this side here (east side) . But this side here , once you pass this initial point it' s not quite as bad. MEMBER DOUGLASS: No it' s not as bad until you get down in- here again. Southold Town Board of Appeals -13- October 2 , 1981 Special. Meeting MR. WIFSKY: But if we straighten .this . area out and keep this graded reasonably, . is it possible to give this side a run in the Spring? We' ll do our half, and comply with it. MEMBER GOEHRINGER: After we go through .these., Mr. Wifsky, we' ll probably go back for a free five minutes and discuss these collectively before we make a decision. MEMBER DOUGLASS: This is the piece out here that-- MR. WIFSKY: Yeah, this is coming from the west. MEMBER DOUGLASS : This is the front of your building. MR. WIFSKY: This one here is the one that we've had diffi- culty getting off. Now this building, we had intended to put bluestone, crushed rock across here-- MEMBER DOUGLASS: Right. MR. WIFSKY: And in fact Mr. Boyd had suggested that. . MEMBER DOUGLASS: That is the best thing. It' s the cheapest and the best. MR. WIFSKY: On here. _...:.._ MEMBER DOUGLASS: And this shows where you:.,have to go across here with the boardwalk. (DEC) MR. WIFSKY: This has to be picked up with the D.O.E. or whatever you call it. We need it. The boardwalk must go across here and all the way back. MEMBER DOUGLASS : That' s right. You've only got a couple of feet there. MR.. WIFSKY.: If we put a boardwalk in with a railway or handrail , it- should be safe. MEMBER DOUGLASS: Your men were right there. MR. WIFSKY: I know. MEMBER DOUGLASS: Then you come, this is still a. corner on there-- Now this is looking down on that (pictures taken from file for viewing) . This is this way, across the street. And this is solid holes. Now this is yours, do you see these? MR. WIFSKY: Yes., the section here is bad, and the fellow from Orient, the grader for us says he has to do it three to four times a year. The same identical holes come back, and we intended to bluestone this. Southold Town Board of Appeals -14- October 2, 1981 Special, Meeting MEMBER DOUGLASS: That' s right, stone blend. Just bluestone is no good. It won 't hold. MR. WIFSKY: Now across here, everything. has to. be moved according to .an agreement with Sue (Kavich) . Everything has to go, grass cut down, everything has. to be cleaned up, and all the old lumber has to be gone. MEMBER DOUGLASS.: Now there' s . a perfect example (picture in file:' taken after a rainfall showing each hole clearly) . MR. BOYD: Number 4 we've got no problems with retaining the uses and buildings.. exactly the way they are. That was the thrust of the entire application that there will be. no effective changes there. The same thing with Number 5, that there be no additional businesses or change in the businesses. It' s not contemplated. 6-again it would be the same sort of a thing. I assumed that we' re not over 20% now with anything, and we don't contemplate the construction of any new buildings whatsoever. MR. WIFSKY: On my part. MR. BOYD: The only thing that would be done would be the replacement of something if there were another fire or something like that. No difficulties with that. Number 7 - I don't see the point to that at all. I can' t have boat storage or boat showroom-type of a use in the easterly portion of this frame building. MEMBER DOUGLASS : You can. This is outside the building. This is on the access. MEMBER GOEHRINGER: Change the third word, Mr.. Boyd, to read " . . .That the outer easterly side. . . . " MEMBER DOUGLASS: Between the motel and the building. MR. WIFSKY: That' s a road. It' s got to be open. MR. BOYD: Ok. You see what my objection was what I read there. MR. CHAIRMAN: We were in there now. That wasn't on your copy. MR. BOYD: . Ok. No problem because this is one roadway that has to be kept open it' s full width. There' s no argument about that whatsoever. Number. 8 - Planning Board. I had thought that this .had. been checked by Mr. Fisher when he did the disapproval and found that there was no requirement to go to the Planning Board on this particular one. SECRETARY: This is a letter we just received this afternoon from the Planning Board. (Indicates Planning Board will require Southold Town Board of Appeals -15- October 2 , 1981 Special Meeting processing as a new subdivision. ) MR. BOYD: I think that pretty well kills the whole thing then. We can't possibly get it done in time to meet the deadline for the contract. MR-.:.__WIFSKY Gentlemen, at least from my side I have two problems with the bank. and secondly, the commitment to our cus- tomers. Part of the business, survival of the .bus.iness depends upon this.. I appreciate .the fact e'specially .you say that you fellows have done a heck of a lot to. get this thing, if .we could find some way to get it resolved. I'm running into one heck of a deadline.. . Realistically I can only put so many boats across the street, but I'm not going haul or commit myself to people if :I 'm; not going to be there in the Spring. MEMBER GOEHRINGER: Mr. Wifsky, you have to understand we have no control over what the Planning Board does. You know there may be other options that you have, maybe you should speak to the Chairman personally concerning your problem. MR. WIFSKY: I don' t understand. Is it a problem with the ground itself , not complied and-- MEMBER DOUGLASS : No, the Planning Board makes all divisions. MR. BOYD: Going to the Planning Board is a couple of weeks' from reception:..to determination. That' s the thing. MEMBER GOEHRINGER: You couldn't close in escrow pending that decision or anything?] MR. BOYD: The banks will not go on that. MRS. WIFSKY: They call. us every day. MR. WIFSKY: The bank commitment actually ran out the -first of October. They, it' s in limbo right now. They would have if the proceeding had gone, they would have closed four months, they were ready to go to town. Everybody was ready. to go to contract before this thing. They're becoming annoyed. And the prime reason is we got an excellent rate from' the bank,:. and you know the interest rates. are going sky high. Now if we got to go before them, I honestly don't know whether I can get another two weeks , you know, it might go on for two months before a realistic decision comes down. I don't know if they ' ll let me go with it, I really don 't.. And I realize that it' s not your department. MEMBER GOEHRINGER: I think you have two .options at this point. And the option is either to. continue going over these .things so that we can make a decision. Secondly, or to withdraw. MR.. BOYD: We're not withdrawing the application. Southold Town Board of Appeals -16- October 2, 1981 t. Special Meeting MR. BOYD: The County Planning condition is meaningless. They refer the thing back to the local Planning Board for deter- mination. MR. CHAIRMAN: Yeah, we can overrule-- MR. BOYD: That means nothing one way or another. With regard to 10, I would assume that' s somewhat in variance with number 4 . I don' t know if those dwelling units comply with the living floor requirements of 100-42 or not. I have never, ever been in one of those buildings. If they do not comply, they are preexisting. MEMBER SAWICKI : Yeah, in 1952 they were built., I think. MR. BOYD: So, there is no rationale for changing the requirement on this preexisting.. If they do comply, this doesn't mean anything. I just don 't know the answer to that. But cer- tainly it does appear to be atvvariance with 4 with says the existing buildings and uses shall remain as is as of the date of the variance. We've got those units there. We're not planning on changing them other than cleaning them and fixing up the holes in the walls -and fixing the paint or the rest of it, which has already begun. MR. CHAIRMAN: It contradicts 4 the way it is written now. MR. BOYD: I think say. I, say that not knowing what the space is on those things. MEMBER GOEHRINGER: Well , why don' t we go back into closed session, Mr. Chairman, and discuss how we can re-word the 30 to 16 , if the members do desire, and discuss conditions 4 and 10 . Motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, to go into closed session for deliberations . Motion was made by Mr. Goehringer, seconded by Mr. Sawicki, and duly carried, .to go back into the open meeting. MEMBER GOEHRINGER: I will make a motion approving this with these conditions, except there will be changes to number 3 and number 41 the latter part of number 4 which will be number 10 . This is to the best of my ability in reference to the changes that we made. Our secretary might be a little bit better because she took it down in shorthand. There will be no storage of boats or other material within 35 feet of the Main Road on two of the parcels in question at any time (the two parcels in question are the north parcel and east parcel on the south side of the Main Road) . These are the two parcels, the north parcel which exists already now which is the red-orange or red building there. And the part in front of the showroom, except for the 30-foot access in between. Southold Town Board of Appeals -17- October 2, 1981 Special Meeting MR. BOYD: Now, for one thing, it' s 30 feet..up ...on the building on the .north side.. MEMBER. GOEHRINGER: Right. MR. BOYD: So there will be no storage of anything in front of the building or within. 30 feet of the road. MEMBER DOUGLASS: Right. SECRETARY: You're changing that now? You said 35 feet. MEMBER GOEHRINGER:. Yeah, but the building is already 30 feet. MEMBER DOUGLASS: The building goes on a taper. It' s 35 in the center where the doors are. MR. BOYD: There' s no - problem. Nothing will be stored up in there. ,MEMBER DOUGLASS: The reason I know is I built the building. MR. BOYD: Now is it your intention to prohibit the display of a boat in front. of the building that is retained by Morris? MEMBER DOUGLASS : Yeah, 35 feet. MR. BOYD: Well that' s already 30 feet, that's 30 feet back from the road. there. MEMBER DOUGLASS: 35 , isn't it? MEMBER GOEHRINGER: 30 in one spot, at one corner. MEMBER DOUGLASS: One corner is .30 there and it widens out down here. So you're average is, so you can word it to an average of 35 feet. So that this is clear. SECRETARY: I'm not sure how you want it worded. MR. BOYD: I would think that for display for sale and such that a boat out there would be-.- SECRETARY: Are you saying just in front of the building? (At this point there were two different conversations going and the entire .statements were not audible. ) MEMBER DOUGLASS: You're going to have display area in here. MR. WIFSKY: Says a Dorhs or something, parallel-- MR. BOYD.: Parallel to the building. Southold Town Board of Appeals -18- October 2 , 1981 Special Meeting MEMBER GOEHRINGER: I didn't agree to this, this was a collectivization of the Board, so basically we would have to go back and re-discuss this particular area. MR. BOYD: If we're 16 feet back over here, why not just carry the 16 feet across here so that we can park -our boats for display, sale purposes, parallel to the front of the building? I don't. think it' s going to adversely affect anything else so far as .vision, or :.what--have:-.you. MEMBER DOUGLASS: There' s a big boat sitting::there, right. MR. WIFSKY: But we've had cars park on the outside . . . . That is an. eight-foot wide boat. MEMBER DOUGLASS: Yeah, I know it is. That' s a lap-streak job. MR. WIFSKY: That's eight foot when: .she' s fully equipped, so if we came in with a 20-footer, that would still give us close to 14 feet. MEMBER GOEHRINGER.:. They would be backing out onto -.the Main Road and that. was the purpose of it. MR. CHAIRMAN: You've got 20 feet there. MEMBER GOEHRINGER: A car is 20 feet, so you allow 10 feet for a swing. Big cars. MEMBER DOUGLASS: When you store in- front of there aren' t you knocking out your showroom-- MR. BOYD: They' ll just pull in and park sideways here parallel to the road. . I think it' s very rare that somebody will actually front at right angles to the road in a place like this. MR. CHAIRMAN: Because, to get out, they got to back up or something and it' s a bad place to back out. If they go parallel then they could drive out. MR. BOYD: It wouldn't even change this whole thing around, but you could even make an argument it would be better to park the boats right along the there and force people to park inside so they don' t back out. MEMBER GOEHRINGER: That was the problem we had in Mattituck, Mr. Boyd. It still exists, too. MEMBER DOUGLASS: It doesn't work that way. People don't work that way. MR. BOYD: I'm sure of it. I 'm sure of it. Southold Town Board of Appeals -19- October 2 , 1981 Special Meeting . MEMBER DOUGLASS : . When you do that, why they park out here and tell you to go to hang. MR. BOYD: They park on the road itself. Yeah. Well, we don't want to change that. I'm just saying that I don't like the idea of people backing out on the road any more than you- do. It' s not good, but I think if. we could get. the same 16 feet along here in front of the building, it would give us certainly ample room to park parallel to the building itself , a boat or two boats for display for sale purposes:, not for winter storage or anything like that.. MR. WIFSKY: I think you're going to find that people on the 16 foot are going to parallel park anyway. Because they have to drive out. No way can you back out onto that road. MR. BOYD: That' s the same way they -- MEMBER DOUGLASS: Well they do it. MR. WIFSKY: They don't but there is , I mean, safety. MEMBER GOEHRINGER: I was thinking from the point of view of the winter situation when you..have the westerly portion mono- polized with storage. . And you know there are many people that like to come down, and I don't know if you allow them to work on their own boats, this has' .been a. problem too. I' ll tell you where it' s a problem, too, not specifically in this town but the problems that I've observed in reference to Larry' s Lighthouse Marina in Aquebogue, when the people pull in right just off the edge of the road and there is no parking, no availability of park- ing-- MR. WIFSKY: Just to clarify that point, the maximum of boats we can get outside are probably 35 boats. Any boat within the building across the street is to be .worked on by the launch. They will have a launch date, they' ll come down and see it naturally when they want to, but they will not physically work- on the boat within the building. Anything outside, we're talking about a potential of 35, if they all showed up the same dates. And that' s-- MEMBER DOUGLASS: Well that' s 30 from you. But then you also have cars that are going to be in here for all of this stuff (motel , fishing market, etc. ) . MR. WIFSKY: Well they have their parking for the buildings here (along the front of motel) and on this side of the street, and there is an area left open permanent down here. Our usage in winter can .only come 60 feet from this line and this way (north) . MEMBER DOUGLASS: Oh I understand that. You have parking that has to be available for this stuff, for this stuff and for this stuff. Southold Town Board of Appeals -20- October 2 , 1981 Special Meeting MR. BOYD: But you gentlemen have been down here and looked over this property a number of times. Have you ever noticed any shortage of parking spaces? -MEMBER DOUGLASS: Yes. MR. BOYD: You have? MEMBER DOUGLASS: Yes. I've noticed it, so that you couldn't even go in there and around. MR. BOYD: I have never noticed any shortage of parking spaces. MEMBER DOUGLASS: . Well, you're talking about maybe in this recent last time. MR. BOYD: How about in the last four years? MEMBER DOUGLASS: Well , when Mike and .Mary-, (Morris) ran that-- MR. BOYD: They had rental boats then. MEMBER DOUGLASS: I say, when Mike and Mary had that you couldn 't even move! MR. BOYD: But . the rental boats have been gone. for two years. MEMBER DOUGLASS.: Yeah, I know that. MR. BOYD: And they're not coming back. MEMBER DOUGLASS: We have no guarantee of that. MR. BOYD: They're not profitable. MEMBER DOUGLASS: We have no guarantee . of that. MR. BOYD: No. MR. CHAIRMAN: I don' t think Charlie would want to get into any .way. MEMBER. GOEHRINGER: Where do we go from here, Mr. Chairman? SECRETARY: There is a. motion on the floor. MEMBER DOUGLASS: It wasn't in .his •part. The rental boat part wasn't in your part. MR:. BOYD ::::Ok : 'Well �if'.-.that' s a consideration be assured the rental boats are long gone and .we intended parking problems with the rental boats. Bill Lieblein is very welcome to that whole business. Not ours. Southold Town Board of Appeals . -21- October 2, 1981 Special Meeting MEMBER GOEHRINGER: Do you want me to continue with the motion, or do you want to go back .into , executive session, closed session, excuse me. MR. CHAIRMAN: Well, go through with your motion in case we get something else. MEMBER GOEHRINGER: Ok. Continued . . .the westerly parcel south of the Main Road shall not have storage of boats and other materials within 10 feet of the north property line. . . . MEMBER DOUGLASS: What? 16 . MEMBER GOEHRINGER: I'm sorry, 16 feet, pardon me. My pen ran out of ink. Excuse me 16 , from the north property line. MEMBER DOUGLASS: It might be there is just room enough to crawl along there with your lift. MEMBER GOEHRINGER: Number 4 : That . the existing building and uses. shall remain as is as of the date of this variance; and in the event a building or use is proposed to be altered, modified, changed, added, increased, . in any way, such proposal shall be subject to the prior approval of this Board, period, except that, and then we will jump down to number 10 and that . . .the three buildings located along the easterly boundary line, and so on and so forth. SECRETARY: And number 10 is going to be part of number 4? MEMBER GOEHRINGER: Part of number 4 . And then all the rest of them would exist just as. they appear. MR. BOYD: 10 being part of 4 , what does that actually mean then? I don' t know anything about the living floor area require- ments of the code with regard to those buildings. MEMBER GOEHRINGER: I can't answer your question, Mr.. Boyd, because I haven 't been inside the building. MR. CHAIRMAN: None of us. We never expected that to be part of this. MR. BOYD: But I mean, those buildings. are there. They are in use. Now if you require let' s say 220 square feet and. these things are 200 apiece, what are you proposing. What does that mean? MEMBER GOEHRINGER: Well, I would assume it means moving some walls. MR. BOYD: We. couldn' t possibly do that, sir. Those build- ings are preexisting. Southold Town Board of Appeals -22- October 2, 1981 Special Meeting MEMBER DOUGLASS: Yeah, but you must understand this also. They are preexisting overnight stays, not apartments. MR. BOYD: . They are preexisting, prior to zoning. MEMBER DOUGLASS: Not when they were built. They were overnight stays. MR. BOYD: But they were built prior to zoning. MEMBER DOUGLASS : That' s right, as overnight stays. MR. BOYD: If they were built prior to zoning, they were just built without any conditions being put. on at all. I don't know what might have been said at the time they were built. But-- MEMBER GOEHRINGER: You have to also understand that we're cutting this property directly in half, almost. We're taking 75,000 square feet and dividing it approximately, if my figures are correct, 80 ,000 square feet on the right side, on the east side. MR. BOYD: That' s right. MEMBER GOEHRINGER: For all I know, the inlet area or the underwater area might not have been existing at the time that they were constructed. I don't .know. I can 't tell you what the situation is there. All .I can tell you is that you're asking for a division and asking, you're giving up half of your land . in effect, ok? Half of the land that means something. I mean it certainly has saleability and so on and so forth.. And these were one of the conditions that we collectively came to be asked. MR. BOYD: I 'm sorry, sir, I don't follow you. Of course we're giving up half the land. . We're selling half of the land to Mr. Wifsky. Now., what does selling half of the land to Mr. Wifsky have to do with preexisting buildings, buildings that are in place, in operation prior to the enactment of any zoning .in the Town of Southold? . MEMBER GOEHRINGER: You see, Mr. Boyd., I think for some reason you're assuming that I came up with these particular sugges- tions or. elements to this particular piece. This was. done collec- tively. MR. BOYD: You're answering my question. MEMBER GOEHRINGER: I 'm very. simply saying to .you that .there is a ".division, ".-of ..which. 80 ,000 is staying, approximately 80 ,000 is staying with the east parcel, and 75 ,OOOstay.ing with the west parcel, some of which is underwater land. MR. BOYD: Right. Southold Town Board of Appeals -23- October 2, 1981 Special Meeting MEMBER GOEHRINGER: And it was the collective effort on this Board to come up with 10 elements, all of which we now combined 4 and 10 , so that we. have nine elements. And -that was the way it was arrived at, and in question that' s the way it is. MR. BOYD: That' s fine. Then let me ask if ..I may, what the import of the new second portion. of 4 will be? Are you seriously suggesting that if these units do not meet current code that there is to be structural change on the inside of those units? MEMBER GOEHRINGER: I can't answer that question because we 're . not building inspectors. MEMBER DOUGLASS: I would say you would have. to find out what they have first. MR. CHAIRMAN: Yeah, it would .be much better if we have an idea of just what was in there, how much. footage is in there. MR. BOYD: Gentlemen, all I can say is that it' s preexisting, and has nothing to do with the application that we have here at the present time. MEMBER DOUGLASS: Well.. it is, because you're changing the whole -situation of the land. MR. . BOYD: Yeah, but these things were built, the dividing line was even further to the east of where we're intending to do it now. Here' s the former property. line, and when these things were built, .Mike Morr.is .just owned this easterly portion of the premises. Mary had all of the rest. So we 're even giving more room to the easterly side than as originally existed. MEMBER DOUGLASS: Well you're trying to separate Mike and Mary' s properties? 'MR. BOYD: That' s what it was. MEMBER DOUGLASS: Yeah, all right. I say you're trying to separate . that on us? MR. BOYD: No, this , Mike owner part of it and then Mary owned this part of it, and the two were joined together in 1972 when the corporation was formed. They were separate properties. They were bought at separate times. .MEMBER DOUGLASS: They were joined together when the Chemical Bank came in there. MR. BOYD: That' s right. Southold Town Board of Appeals -24- October 2 , 1981 Special Meeting MR. BOYD: All were put together in the corporation. I do not see the point of adding anything about the living area in these things. As 4 says, " . . .existing buildings to remain as of the date of this variance. . . . " MEMBER DOUGLASS : Then the. other (old #10) comes up along the bottom of it (#4) , about living quarters. MR. BOYD: And the question is , what if they don' t comply? We've already said that the buildings and uses are going to remain the same. And if they don' t comply, what' s the remedy? MEMBER DOUGLASS: Well, I don 't think that is for us, I think, to decide. MR. CHAIRMAN: Mr. Wifsky isn 't going to be using these buildings anyway, 'and that' s the thing that gets me a little, too. MR.. BOYD: Mr. Wifsky isn't. MR. WIFSKY: No, I'm not. MR. CHAIRMAN: The next guy that buys this, I should think, whoever takes over. . MR. BOYD: Well, these are the buildings that are staying with the Southold Fishing Station, Billy Morris. SECRETARY..: Who. is buying the easterly part so that it may be in the record. MR. CHAIRMAN: I don't know who is buying it, maybe-- . MR. BOYD: No one is buying the east piece, and there is nothing on the east piece at all. The fishing business is being run by a girl by the name of Sue Ann Kavich. She is running it for the corporation for Billy, because Billy does not want to get-- he just wants out. His mind is not on this -gort of thing. As a matter of fact, Billy is now acting as foreman of the scallop house because he works very well , to be candid with you:::gentlemen, he works very well when he has a specific task assigned to him. And he will do it and he will work very hard at it, but if you give him the responsibility of running a whole thing like this, he just can 't do it. That' s why it was so good for Charlie to come in and take up the boat part of the thing and take that out of Billy' s responsibilities and lighten the burden, and Sue Ann came in and she' s able to run the fish business, down here. That removed Billy' s responsibilities and Billy is .now able to function better in that area. Southold Town Board of Appeals -25= October 2 , 1981 Special Meeting MR. WIFSKY: For the good or bad, everybody has been trying to manuever Bill' s position where the responsibility was taken out of. his hands, his family is taking care of him, and what situation was going down the drain is highly salvaged. That' s basically what we.'re trying to do. My business will be enhanced by getting property; there' s no question about it. And it will be better for my family if things work out. I assume everything will. MEMBER GOEHRINGER: Why don' t you allow us to vote on this motion, and for some reason this particular part upsets you, we can always come back after the thing is closed and re-apply for a -- MR. BOYD: I will go along with that. I don't know, and maybe I':m making .a mountain out of a mole hill, I don' t know what the requirements are to these units. They might .be big enough. MR. CHAIRMAN: We can look .up the requirements but we don 't know what size they are. MEMBER GOEHRINGER: All right, that' s the motion, gentlemen. MEMBER SAWICKI: Seconded. On motion by Mr. Goehringer, seconded by Mr. Sawicki, the following findings and determination were made: (see next page #26 ) Southold Town Board of Appeals -27- October 2, 1981 Special Meeting The Board . finds that the relief as requested is not substantial in relation to ..the. .zoning requirements of the 'Town; that the relief ..requested ._is .wi.thin -.the: spirit of the zoning ordinance; that if the relief ..is gran_ted-.no ...adverse•zseffects will be produced on available governmental�::facil.ities of any increased population; that the relief if granted...wills-,not-t;change .the character of the neighborhood; that ,the .practical;: dif.f=ic:dlties 'are unique; and that the interests of justice -will,, by granting the relief requested, subject to the..conditions::gas '21 ted_.,below. On mo�tion cbyL;Mr, G.oehinger.;: seconded .by Mr. Sawicki , it is 'ESOL,UED, that ;Southold fiMarne `Center Land Holding Corp. , =.:Appeal :"No "+2863., Abe bgranted:;,a-variance to divide the premises for -purposes~olf.wale ., f tthe westerly portion thereof as shown on the map annexed to the appeal, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That vehicular access to the southerly portion of the proposed westerly parcel located on the south side of Route 25 shall be provided along the easterly boundary of said westerly parcel, if possible, or by access through the easterly parcel which is to be retained by the present owner. Suitable recordable instruments giv- ing such right-of-way shall be provided for this appeal record and recorded in the Suffolk County Clerk' s Office. Any such access shall have a minimum width of 30 feet. 2. That access roads affording ingress and egress by the public of both parcels located on the south side of Route 25 shall have a minimum width of 30 feet; shall remain open and -unobstructed at all times; shall be regraded and paved in accordance with the following specifications, to wit: (a) Surfaced with a minimum depth of four inches of packed 3/4" stone blend so as to afford access for emergency and other vehicles; such stone blend may be either applied to the ground sur- face and shaped, or the surface may be excavated to permit the application of packed blend to a depth of 4" ; or in the alternative (b) Shall have topsoil removed to' a depth of 8", and then filled with 8 " of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of 3/4" stone blend, or oiled with a minimum of 4/10ths of a gallon of road oil per square yard. 3 . That there shall be no storage of boats or other material within 35 feet of the Main Road on two of the parcels in question at any time (the two parcels in question being located on the north side of Route 25 and the easterly proposed parcel at the south side of Route 25) . No storage of boats or mother materials to be within 16 feet of the northerly property line on the westerly proposed parcel at the south side of Route 25. Southold Town Board of Appeals -26- October 2, 1981 Special Meeting By this appeal, appellant seeks variances to the zoning ordi- nance, Article VIII, Section 100-81, Bulk and Parking Schedule, to divide premises located on the south side of Route 25, a necessary prerequisite to a sale of the westerly portion thereof. The Building Inspector' s reasons for disapproving such division, in effect, are as follows: (1) insufficient buildable upland area, (2) proposed easterly lot will result in existing buildings having insufficient side yards, (3) the easterly lot with existing buildings and uses will (possibly) be without the required off- street parking for that use [off-street parking to be determined by the Planning Board] . The premises in question has a total acreage on the south side of Route 25 of approximately 3. 6 acres, which includes approximately 1. 2 acres of underwater land on the west side. The proposed west- erly parcel will contain an area of approximately 77,400 square feet (45 ,500+- under water and 32,000+- upland) , .with 222 feet along Route 25. The proposed easterly parcel will contain an area of approximately 82 ,700+- square feet, with 222. 96 feet along Route 25. The premises in question located on the north side of Route 25 has an acreage of approximately one acre, with 200 feet along Route 25. The location of the division line between the westerly and easterly parcels located on the south side of Route 25 as proposed will leave a sideyard setback of the most northerly structure (on the easterly parcel and labeled one-story frame building on applicant' s survey dated 8/28/72 and presently used for showroom and storage pur- poses) of approximately four feet, and a sideyard setback of the southeasterly structure (on the easterly parcel and labeled 2-story frame motel and which hats been used as a "scallop house") of ap- proximately one foot. The structures located on these premises are as follows : (1) proposed westerly parcel at the south side of Route 25 : docks and concrete platform; (2) proposed easterly parcel at the south side of Route 25 : one-story frame building to the north and recently used for showroom and storage purposes; one two-story dnd one one-:story frame buildings [labeled motel on applicant' s survey] ; small locker; one-story frame building presently used .-for retail sales and containing one dwelling unit; (3) parcel located at the north side of Route 25: substantially large metal building presently used for boat storage. Upon personal inspection of the premises , the Board finds that the areas to be utilized by the public for egress and ingress are unpaved, unlevel and of very poor condition. This Board also agrees with the determination of the Building Inspector that park- ing requirements should be as determined by the Planning Board. Southold Town Board of Appeals -28- October 2, 1981 Special Meeting 4 4. That -the. existing buildings and uses shall remain as is as of the date..of-Ahis variance; and in the event a. building or use is proposed ..to .:be altered, modified, changed, added, increased, In any way.,-.;..,.such.,':proposal . shall be subject to the prior approval of :this.�B.oard: ; ecept .°:.that the three buildings located .along the easterly.:boundary:_"Erie of the proposed easterly parcel at the :,south.,side :of-, Route-25 -and .:used -in whole or in part for dwelling units -shall .c.omply. with the ;living floor area requirements of -Section...1`0'0-42 >::of ,the . zoning-.-.,code.. 3.. Th`at ono ��urther: businesses or uses are permitted on any ;of'tth k thtr�e:e arce"1`s at an y Ytime ,Win ;the future without the express Wr <tten zpr;> or approval df thixs ZB:oatrU.. ,�6.. "That ,thes;tructures :on any of these .parcels shall not exceed `20% lot-�coverage. 7. That the outer easterly side of the -most northerly struc- ture (known as the building used for showroom and storage purposes) cannot at any time be used for storage of boats or other items. 8. That the grant of this variance is .subject to obtaining approvals from the Southold Town Planning Board for parking and subdivision. 9. That this matter shall be referred to the Suffolk County Planning Commission pursuant -to the rules and regulations of the Suffolk County Charter, and shall be subject to such action of the Suffolk County Planning- Commission. Location of Property: North and South Sides of Route 25, Southold, NY; County Tax Map Parcels No. 1000-56-6-2 & 3; 1000- 56-4-15. Vote of the Board: Ayes : Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Member Doyen [Fishers Island] was absent. ) Member Sawicki left at approximately 6 :35 o' clock p.m. J Southold Town Board of Appeals -29- October 2, 1981 Special Meeting RESERVED DECISION: Appeal No. 2833. Application of Northville Industries Corp. , P.O. Box 111, Riverhead, NY 11901, for a Variance to the Zoning Ordinance, Article' III, Section 100-30 (A & B) for per- mission to use part of premises for commercial docking and mooring. 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 public hearing on this matter was held and closed on August 6 , 1981. The Board reviewed all material concerning this appeal and made the following findings and determination: In this appeal, Appellant seeks a variance to the provisions of Section 100-30 A &. B of the Zoning Code to permit the use of property located in the A Residential and Agricultural District for the purpose of docking its maintenance barge and work boat and the use of. the upland for the performance of maintenance and repair work. All of the members of the Board have personally visited the site and are familiar with the property as well as the surround- ing neighborhood. The property in question is shown on the Suffolk County Tax Map as District 1000 Section 99 Block 4 Lot 18 . It comprises 3. 1 acres, is bounded westerly by Naugles Road 240. feet and easterly by the shoreline of Mattituck Creek. Its frontage on:Mattituck Creek is approximately 500 feet. The northerly boundary line of the property is the division line between C-1 . Industrial Zone and the A Residential and Agricul- tural Zone. The Appellant has entered into .a lease with the owners of the subject premises to lease approximately 100 feet of the shorefront for the mooring of its 85 foot by 40 foot barge and its 65 foot work. boat and a parcel of .upland adjacent thereto (50 ' by 1001 ) for vehicle parking and the performance of repair and maintenance operations consisting of machinery repairs , painting,- acetylene cutting, welding and sand blasting. The remainder of the subject premises has located. thereon three cottages and two trailers . The Appellant operates an off-shore tanker-berthing operation in Long Island Sound for the reception of petroleum products for its extensive petroleum tank farm. This operation is located in the Town of Riverhead, a considerable distance from the subject property. The variance sought by the Appellant is . a use variance and, accordingly, unnecessary hardship must be demonstrated before this Board may grant such a variance. The hardship must relate to the property for which a use variance is sought. The courts Southold Town Board of Appeals -30- October 2 , 1981 Special Meeting (Appeal No. 2833 - Northville Industries, Inc. continued: ) have held that before a use variance may be granted upon the grounds of unnecessary hardship, the record must show, by dollar and cents proof, that the land in question cannot yield a reason- able return if used only for a purpose allowed in the zone district in which it is located. No such proof has been presented. Ap- pellant' s statements that mooring. facilities are required for the conduct of its oil terminal operations at a site in the Town of Riverhead does not meet this requirement. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the appeal must be denied, without prejudice. Vote of the Board: Ayes : Messrs.- Grigonis, Douglass and Goehringer. Absent were : Messrs. Sawicki and Doyen- (Fishers Island) . On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the following appeals be scheduled and adver- tised for public hearings to be held at the next regular meeting of this Board, to wit, October 15 , 1981 in addition to those previously scheduled for same date : Appeal No., 2898 - Carl H. King Appeal No. 2894 - Pequash Club, Inc. Appeal No. 2897 - Victor L'Eplattenier Appeal No. 2896 - Warren E. Hufe, Jr. (Future Screw, Inc. ) Vote of the Board: Ayes : Messrs. Grigonis, Douglass and Goehringer. Absent were: Messrs. Sawicki and Doyen (Fishers Island) . On motion by Mr. Goehringer, seconded by Mr. Grigonis, Southold Town Board of Appeals -31- October 2 1981 -Special Meeting L - - ^ it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Carl H. King. in.-Appeal . No. 2898 : ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S.. Department of Environmental Conservation Act, Article 8_ of the Environmental Conservation Law, and Section 44-4 of the Southold Town- Code, notice is hereby given that the Southold Town Board- of Appeals has determined that the subject project as proposed in the . . appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s) : An Environmental Assessment in the -Short Form has .been submitted which indicates that. no significant adverse effects were likely to occur -to the environment should this project be implemented as planned in the within appeal application. The property in question is not located within 300 feet of tidal wetlands. This declaration should not be considered a determination made for any other department or agency which may al.so be involved, nor for any other project not covered by the subject appeal application. Location of Property: 350 King Street (a/k/a. 355 Navy Street) , Orient, NY; County Tax Map Parcel Item No. 1000-26- 1-27. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and -Grigonis. Absent were: Messrs. Sawicki and. Doyen (Fishers Island) . MATTER OF PEQUASH CLUB, INC. - APPEAL -NO. 28.94 . On motion by Mr. Goehringer, seconded by .Mr. Grigonis, • Southold Town Board of Appeals -32- October 2 , 1981 Special Meeting y � it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Pequash. Club, Inc. in Appeal No. 2894 : ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y. S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the Subject project as proposed in the appeal application is' hereby classified as a Type II Action, not having a significant adverse effect upon the environment . for the following reason(s) : An Environmental Assessment in the Short Form has been submitted which indicates that. no significant adverse effects were likely to occur tb .the environment should this project be implemented as planned in the within appeal application. The proposed fence will not materially change the use or appearance of this land or intensify the use of the land or structures although this property is fronting Cutchogue Harbor. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other proj-ect not covered by the subject appeal application. Location of Property: 205 West Road, Cutchogue, NY; County Tax, Map. Parcel Item No. 1000-110-7-12. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Grigonis. Absent were : Messrs. Sawicki and Doyen (Fishers Island) . MATTER OF VICTOR L'EPLATTENIER - APPEAL NO.- 2897. On motion by Mr. Goehringer, seconded by Mr. Grigonis, • Southold Town Board of Appeals -33- October 2, 1981 Special Meeting Y it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Victor L'Epplattenier in Appeal No. 2897: ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y. S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in the appeal application is' hereby-classified as a Type- II Action, not having a significant adverse effect upon the environment for the following reason(s) : An Environmental Assessment in the Short Form has been submitted which indicates that. no significant adverse effects were likely to occur to the environment should this project be implemented as planned in the within appeal application. 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. Location of Property: Dickinson Street and Lake View Avenue, Peconic, NY: County Tax Map Parcel Item No. 1000- 67-3-12. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Grigonis. Absent were: Messrs. Sawicki and Doyen (Fishers Island) . Southold Town Board of Appeals -34- October 2, 1981 Special Meeting MATTER OF WARREN E. HUFE, JR. -,,_and ELLEN_ HUFE (for Future Screw, Inc. ) , in Appeal No; 2896 : On motion by Mr. Goehringer, seconded. by Mr. Grigonis,. it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of ENVIRONMENTAL DECLARATION: Pursuant to Section 617. 13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section. 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as. a Type II Action., not having a significant adverse effect upon ..the environment for the following reason (s) : , An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question is not located. within 300 feet of tidal wetlands. This declaration should. not .be considered a determination made for any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 45655 County Road. 48 . (a/k/a 3750 Youngs Avenue) , Southold, .NY; County Tax Map Parcel Item No. 1000-55-2-16 . Votand Grigonis. t Ab sent werAyes:essrs SrSaw D9tug an 'boyeri r( iehe'rs Island) . on Southold Town Board of Appeals -35- October 2, 1981 Special Meeting Being .there was no further business to come before the Board at this time, the Chairman declared the meeting adjourned at approximately 6 :40 o'clock p.m. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals APPROVED PhaW= Board of Appe®Ig RECEIVED AND FILED BY THE SOUTIHOLD TOW14 CLERK DATA Town Clerk, Town of So 7hold