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Southold Town Board of Appeals
'yi�/Ol �•a0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOIJGLASS
'JOSEPH H. SAWICKI M I N. U. T E S
REGULAR MEETING
'NOVEMBER 30, 1983
A Regular .Meeting - of . the - Southold. Town. Board of Appeals. was
held on Wednesday,. .'November 30, 1983 at 7: 30 o'clock p..m. at the
Southold Town HallF. .Main Road, S:outhold,. New York.
Present were: Gerard P. Goehringer, Chairman; Serge Doyen;.
Charles Grigonis, Jr. ; Robert J_. Douglass and. Joseph H.' Sawicki.
Also present were. .Victor Lessard, Administrator .(Building Depart-
ment) and approximately 22 persons in the audience at the time the
meeting was opened.
The Chairman called the meeting to order at 7s30 o'clock p.m.
and proceeded with .the. first public hearing.
PUBLIC HEARING: Appeal No. 3181. Application of ROBERT A.
CELIC, Main Road, matt ituck,. NY for a. Variance to the Zoning. .Ordi-
nance, Article. VIII, Section 100-80'(C) and. VI, ' Section 100-60 (C)
for permission to erect off-premises directional sign in this
"C-Light Industrial Zone _at premises located at the South Side of
Main Road, Greenport, NY, and more particularly- known as County Tax
Map Parcel No. 1000-0.53-02=026.
The Chairman opened the. hearing at 7: 30 o'clock p.m. and. read
the legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN:- We. have. a copy of a sketch of the nature of the
sign which reads, "Celic Realtors,_ one mile. ahead on. right. " It
appears to be 3.2". by',48 and' will be affixed to'-the present Penny
Lumber building in Greenport. We also -have a copy .of the County_.
Tx Map indicating this property and the surrounding -properties.-_.
Mr. Celic, was there anything you. wanted to add?
Mr. Celic had nothing to add- to -the application.
1 ,
Southold Town Board of Appeals -2- November 30, 1983 Regular Meeting
(Appeal No. 3181 - ROBERT A. CELIC, continued: )
MR. CHAIRMAN: You are aware of the normal restrictions placed
on these signs?
MR. CELIC: Yes.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision until later
in the matter of Appeal No. 3181, application of ROBERT A. CELIC.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 3179. Application for FRANCES
SATRIANO AND THE. ESTATE OF MICHAEL SATRIANO, by Dolores Adolph (R.B.
Hudson Co. , Inc. ) , 763 Norman Drive, North Bellmore, NY 11710, for
a Variance to the Zoning Ordinance, Article III, Section 100-31 for
permission to reseparate two substandard parcels having_ insufficient
area, width and- depth, located at the west side of Fiddler Lane,
Greenport, NY; County Tax Map Parcels No. 1000-36-2-5 and 6 .
The Chairman opened the hearing at 7: 34 o'clock p.m. and read
the legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of a survey dated December 20,
1982 indicating Lot #1 of 8,000 sq. ft. and Lot:. #2 which contains
a one-story, one-family, framed home of 8,000 sq. ft. ; and I have
a copy of the Suffolk County Tax Map showing the surrounding proper-
ties int he area. Would anybody like to be heard in behalf of this
.application?
SUSAN ROACH: I 'm here to represent Mrs. Adolph.
MR. CHAIRMAN: Could I have your name, please?
MRS. ROACH: Susan Roach. I do have a copy .of the division
that was granted to Mrs. Buynoch across the street.
MR. CHAIRMAN: Do you have an extra copy, or do you want us to
take that one and copy it for you?
MRS. ROACH: I can give you this copy.
MR. CHAIRMAN: Is there anything else you would like to say?
(Nothing else. )
(Mrs. Roach submitted a copy of the decision in Appeal #1193
rendered August 1, 1968 concerning similar property across the street. )
MR. CHAIRMAN: . Anyone like to be heard against :the application?
(None) Comments from board members? (None) .
.I.. f
Southold Town Board of Appeals -3- November 30, 1983 Regular Meeting
(Appeal No. 3179 - FRANCES SATRIANO, continued: )
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision in the matter
of FRANCES SATRIANO AND THE ESTATE OF MICHAEL SATRIANO, Appeal No. 3179,
until later.
Vote. of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 3180. Application of NICK AND ANNA
ANDRIOTIS, 21120 .Soundview Avenue, ,Southold., NY for a Variance to the
Zoning Ordinance, Article III, Section 100-119 .1. for permission to
erect fence exceeding four feet high in the frontyard area of premises
at the northwest corner of intersection with Clark Road and Soundview
Avenue, Southold, NY; County Tax Map Parcel. No. 1000-51-3-14.
The Chairman opened the hearing at- 7: 38 o'clock p.m. and read
the legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of a survey dated July 10, 1980
indicating the nature of the fence and the placement thereof, and a
copy of the Suffolk County Tax Map indicating this property_. and the
surrounding properties in the area. Would somebody. like to be heard
in behalf of, this application.?
MRS. PAPANTONIOU: Mrs. Ahdriotis couldn' t come tonight. so I'm
representing them, and. ,'She_ has made the case clear.
MR. CHAIRMAN: Did he tell you how far off the line he planned
to put .the fence?
MR. PAPANTONIOU: I don't know that,. but I. know. where he. wants
to put the- fence is towards the back. where his home is located.
MR. CHAIRMAN: Could you please ask him to furnish us. with that
information? It' s. not clearly stated. what. the distance is from the
property line at this particular point. _.
MR. LESSARD: It' s. on the line.
MR. CHAIRMAN: It' s not showing it. as on the line here.
SECRETARY: I believe it' s. five feet from here and. 50 '. from the
road.
MR. CHAIRMAN: Maybe you could ask him to call the office. with
a copy of this in front of him and. he could tell us exactly_. where this
red line appears off the line because it' s, not_. really shown here. Did
he tell you, ;Victor_, how close to the line he planned on putting it?
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Southold Town Board o Lppeals -4- Novemb( 30, 1983 Regular Meeting
(Appeal .No. ' 3180 - NICK AND ANNA ANDRIOTIS, continued: )
MR. LESSARD: On the line.
MR. CHAIRMAN: Is there anybody else that would like to be heard
in behalf of this application?
MR. LESSARD: His house is way in the back of his property; the
neighbor is way in the front of his.
MR. CHAIRMAN: Anybody like to speak against the application?
(No one) . Questions from board members? (None) Hearing no further
questions, I' ll make a motion closing the hearing pending a call from
the applicant concerning the actual distance. .
MEMBER DOUGLASS: Second.
on motion by Mr. Goehringer,. seconded by Mr.
RESOLVED, to 'close 'the hearing pending receipt. of. --the requested
information (setback . distance.;. from side line) in :the matter of
NICK AND ANNA ANDRIOTIS, Appeal No. 3180.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and. Sawicki. This_. resolution. was unanimously adopted.
MR. CHAIRMAN: Please call our secreta'ry:.::and give her the
information. Thank you for coming. in.._-.
PUBLIC HEARING: Appeal No. 3182. Application for MR. AND MRS.
SAUL ROSENSTREICH, -by Skinny Dip _Pools, Inc. ,__ Main Road, Mattituck,
New York for a. Variance to the Zoning. Ordinance, Article III, Section
100-32 for permission to construct inground swimmingpool, deck and
fencing in .the frontyard area of this. parcel. known as. 645 Little
Peconic Bay Road and_ 3700 Haywaters Road, Nassau Point Club Proper-
ties Map 806 , Lot' 417; County Tax Map Parcel..No. 1000-111-11=0.09 .
The Chairman opened the hearing at 7:45 o'clock p.m.. and read
the legal notice of hearing in its entirety and appeal . application.
MR. CHAIRMAN: We have. a copy of a pencilled-in survey dated
March 19, 1980 showing the approximate placement of the swimmingpool
which is approximately 10 feet from the west line. .It appears to be
36 ' from the frontyard, approximately 42 ' from the house.-- The pool
appears to be--that may not be correct--: it' s an 18 by 36 ' swimming-
pool. And I have a copy fo the Suffolk.:County Tax Map indicating
this property and the surrounding properties in the area. Would
somebody like to be heard(:-in behalf of .this application? ' .(No
response. ) Would anyone- like to speak against. the- applcation? (No one)
SECRETARY: Someone. was going to appear tonight with the
information concerning the deck and location of the. fence. for the
pool. -
-t- I
Southold Town Board of Appeals -5- November 0, 1983 Regular Meeting
(Appeal No. 3182 - DR. AND MRS. SAUL ROSENSTREICH, continued: )
MR. CHAIRMAN: . Are there questions from board members? (None)
Hearing no further comments, I,' ll make a motion closing the hearing
subject to two things: (1) that the applicant or Skinny Dip Pools
furnish us with the proper set of plans or topographical survey
indicating the. deck area included .in this and the fencing around the
swimmingpool, and (2). furnishing the approximate':.distance of the
pool to the actual road area of Little Peconic Bay Road.
MEMBER SAWICKI: Second.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
. . . . . .
RESOLVED, to close. the hearing 'periding. 'receipt of the following:
(1) set of plans or survey indicating the deck. area included;i and
(2) furnishing the distance of the pool and fence to the actual road
area of Little Peconic Bay Road.,
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This.. resolution. .was unanimously adopted.._
PUBLIC .HEARING: .. Appeal No. ' 3186 . Application of 'JOHN 'Ce 'DILLER,
260 Peconic Bay. Boulevard,, Laurel,. NY for _a. Variance. to the Zoning. .
Ordinance, Article III, Section 100-32_ for permission, to construct
accessory storage building in the. frontyard area of premises known
as 260 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Par
cel No. 1000-145-.02-1.6 .
The Chairman opened the. hearing at 7: 50 o'clock p.m. and read
the legal notice of hearing Iin its entirety and appeal application.
MR. CHAIRMAN: We have a copy of a survey dated July 2, 1982
indicating the placement of the storage. building. approximately. 66 '
from the rear of the house and somewhat. similar. in_ the fronty_ard of
the property, and a copy of the Suffolk Courity::. Tax Map_ indicating..,
this property and the surrounding properties._. Is there anyone wish-
ing to speak in behalf of this application? Is there anyone wishing
to speak against the_ _application?_ Comments from board members? ---
(No response. ) _
On motion by Mr. Goehringer, seconded by Mr. Douglass,. it. was
. . . . . . . . . . . . . . . .
RESOLVED, to 'close the Bearing 'periding___receipt of the approxi-
mate distance from the front, west _and east_ property lines_ of_ this
proposed accessory. storage shed.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution. was unanimously _adopted.
1.. 1
Southold Town Board of Appeals -6- November 3U, 1983 Regular Meeting
APPEAL NO. . 3182 - DR. AND MRS. SAUL ROSENSTREICH appeared in
behalf of their hearing earlier. Dr. and Mrs. Rosenstreich was not
aware that the ZBA was meeting in .the Town Board meeting room and
therefore missed the hearing.
MR. CHAIRMAN: Doctor, what is the approximate distance from
the swimmingpool to .Little Peconic Bay Road?
DR. ROSENSTREICH: Twenty feet-- to Little Peconic? Oh, that' s
considerable. About twenty feet and maybe more. I'm not quite sure.
The pool itself is at least 30 ' . The fencing is about 20.
MR. CHAIRMAN: We had asked Mr. Siemerlin:g. to give-.us a copy
of the deck area. Did you prepare anything: for us tonight?
DR. ROSENSTREICH: We have one, but we don't have copies of it.
.MR. CHAIRMAN: We can mail you a copy back. Can I ask your
timeliness on. this? Are you intending to .construct at this time of
the year or are you going to wait until Spring?
DR. ROSENSTREICH: We. would like to start at this time of year.
MR. CHAIRMAN: Can I ask you also--. we closed the. hearing pend-
ing receipt of this -- of the distance of the-.pool and the deck. .from
the road. I don't know _if this is drawn to scale? Could you give us
the exact dimensions to your knowledge? Just give us a call in the
office and let us. khow. Most of the_ people in the room here,. when I
told Mr. Celic,. who was the -first applicant, that because of the
agenda tonight, I doubt. seriously. if. .we'll get to any deliberations
until the next. regularly. scheduled Special Meeting, tentatively
December 15th or thereabouts, and we'll be dealing. with these. parti- .
cular issues at that time. We would .,
normally. have• it next week; but
unfortunately I have to go away for a conference. If you furnish us
with that information,. we can deal with it at our Special _Meeting.
DR. ROSENSTREICH: ' That is drawn to scale, but I can give you
the exact distance. _
MR. CHAIRMAN: The pool and, the deck. And it appears that the
deck is right against the.. property line?
DR. ROSENSTREICH: It.' s. right on the property line--the fence.
MR. CHAIRMAN: The fence. will be? And then .the deck is right
.against the fence? _..
DR. ROSENSTREICH: The pool. will. be whatever the- legal.-: .distance
was from the property line.
MR. CHAIRMAN: And. how high will. the. fence. be?
DR. ROSENSTREICH: There' s. an existing -- we have. an enclosed
garden in the front, and it. will be similar to. that. which is a little
Southold Town Board of appeals -7- November j0, 1983 Regular Meeting
(Appeal No. 3182 - DR. AND MRS. SAUL ROSENSTREICH, continued: )
DR. ROSENSTREICH continued:
over four feet.
MR. CHAIRMAN: I 'm happy you came, thank you very much. Have a
nice evening.
PUBLIC HEARING: Appeal No. 3185. Application of THE SUFFOLK
COUNTY NATIONAL BANK, Box 702, Cutchogue, _NY for a Variance to the
Zoning Ordinance, Article .VII, Section 100-70_(C) [2] for permission to
have a second identification sign on the side of building facing the
parking'.lot (Keyfood Shopping Center) at premises known as 31225 Main
Road, Cutchogue, NY County Tax Map Parcel. No. 1000-0.97-05=012.
The Chairman opened the hearing at 7: 55 o'clock p.m. and read
the legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of sketch showing the sign as
well as a picture of the sign. We_ al-so have a copy of the County
Tax Map indicating .this and surrounding properties. Is there anyone
wishing to be heard in behalf of the application?
ROBERT COTTON: I am here representing the Bank; and I think
we said just about everything� (in the application) . ' The sign is up
presently and faces the parking lot. There' s one facing east and
one facing south.
MR. CHAIRMAN: It' s 32 '. by 2 ' , is that- correct?
MR. COTTON: Right. That' s. the longest. There' s. a sign fac-
ing south ..that'.s. 3 2':. by. 2:7.''.. ,_.Lt''.s. double_, lined. The letters are
about 10" square.
MR. CHAIRMAN: Ok. Thank you, Mr. Cotton. Would anybody else
like to be heard in. behalf of this application? Anybody like to ._.
speak against the application? Questions. from board- members? .(None)
Hearing no further questions, I' ll make a .motion granting this
application with .the following condition, that it_. not exceed 2 '
by 32 ' in size' as. requested.
MEMBER SAWICKI: Second.
Southold Town Board of Appeals -8- November s0, 1983. Regular Meeting
(Appeal No. 3185 - SUFFOLK COUNTY NATIONAL BANK, continued: )
By this appeal, applicant seeks permission to retain a second
existing identification sign which is located at the east side of
the Suffolk County National Bank building in the Keyfood Shopping
Center,. Cutchogue, New York. The size is 32"b.y. 2 ' and is specifi-
cally located on the side gable area of the roof. Section 100-70 (C) [2]
of the zoning code refers back to Article VI, Section 100-60 (C) [2] ,
subsection (b) of which permits one wall sign and subsection - (c) of
which permits one roof sign, on a public street. It is the opinion
of th board that since the code permits two building signs in a
business district, the relief requested in this application will
be in harmony with and promote the purposes and intent thereof. It
is also the opinion of the board members that the subject sign may
face an area other than the public street inasmuch as it will be
visible for the traveling public along the Main Road and adjacent
to the Keyfood Shopping Center parking lot.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting _of the application as noted below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; (3) . that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and. welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly,. on motion by Mr. Goehringer, seconded by Mr. Sawicki,
it was
RESOLVED, that.Appeal. No. 3185, application of THE SUFFOLK
COUNTY NATIONAL. 'BANK for permission to retain second identifica-
tion sign at the east side- of - the . existing.bank.building, BE .AND . .
.HEREBY IS APPROVED; 'provided that the 'sign not exceed the request-
ed size 2 ' by '32 ' and provided further that this matter. will. be
referred to the Suffolk ;County .Planning Commission pursuant,, to
Sections 1323, et seq. of the. Suffolk County Charter.
Location of Property: 31225 Main Road, Cutchogue, NY; County
Tax Map Parcel ID. No. 1000-97-05=012.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously__ adopted.
Southold Town Board of appeals -9- November A, 1983 Regular 'Meeting
PUBLIC HEARING: Appeal No. 3188. Application of RICHARD JAR
ZOMBEK, Osborn Avenue, Baiting Hollow, NY 11933, for a Variance to the
Zoning Ordinance, Article III, Section 100-32 (A) for permission to
construct accessory windmill exceeding the maximum requirement of 18
feet at premises known as 5520 Narrow River Road, Orient, NY; County
Tax Map Parcel No. 1000-027-02-004 .
The Chairman opened the hearing at 8 : 00 o'clock p.m. and read
the legal notice of hearing in its entirety and appeal application.
MR. . CHAIRMAN: We have a copy of a survey dated. October 25, . 1977
indicating...-:the nature of the placement of. this. windmill tower which
is approximately. ..46 ' from -an existing. bulkhead.. and: 1.51 from the .shed
roof, We. also -have a copy, of..the County__,Tax..Map._indicating this
property and the. surrouriding properties. _ Mr. Jarzombek, would you
like to. be. heard in behalf of this application?
RICHARD JARZOMBEK: Yes.. This application. I put in for Mr.
Raymond Pluschau,. who, happens,_.to. be..the _property owner. I':m.-._here
to answer any specific questions that'. you .might. have concerning this.
MR. CHAIRMAN: This is highly irregular, but I'll ask=.-did you
erect any other--
MR. JARZOMBEK:. ' Yes,. sir.
MR. CHAIRMAN: Where? .
MR. JARZOMBEK: I.'ve. been responsible. for Mr. Miller.' s. in
Laurel,. who came. before. this same board.. My___own. particul:ar machine
. that I have in' Baiting Hollow. .Those directly. involved._ I am
_. _
presently involved. with Southampton,'s, fir'st. wind generator. because
,they have an ordinance already. They avoid. all- of- this. They. have
a set of. rules.
MR. CHAIRMAN: If' you.'re familiar. with. the original. hearing
of Mr. Miller' s., the board was particularly interested in the amount
of drone that the generator had made and. .we. had. visited. the. site
after the. h.ear.ing. and after granting the. application, and so on,
and we. were. happy with the amount of drone _that it' made. which was
sumewhat minimal.
MR. JARZOMBEK: Tha.t' s. a real misconception involving. wind-
mills; and. that' s. one of .the first _questions- tha.t' s. always. asked.._
. by_ people is,. "How much-_ noise does _it make?"
MR. CHAIRMAN:. I was wondering if. .this would. ba a similar one? .
MR. JARZOMBEK: It would- be a smaller machine, and most likely
. would not make much noise.
MR. CHAIRMAN: Is there any. reason. why you selected the
j
Southold Town Board of Appeals -10- November j0, 1983 Regular Meeting
(Appeal No. 3188 - RICHARD JARZOMBEK, continued: )
MR. CHAIRMAN continued:
specific spot that you selected?
MR. JARZOMBEK: For us- to- move it any further on the property,
further south on the property would be a hardship of putting the
wire in and -the loss of efficiency by the longer the wire making it
heavier. Closer to the house, we don' t want to place it any closer
because the only trees and obstructions in the area are within the
house immediate area, and I was trying to avoid those--if we moved
any closer to the house, we would have to:. .go higher, .and: we.. didn'.t
want to do that. A 40 " high tower is considered in the industry the
minimum height.
MEMBER..SAWICKI: And that' s what you. would have, 40 ' ?
MR. JARZOMBEK: Yes. Mr. Miller' s. was. 60. Sixty is a much
more common figure but because of this, this doesn't seem to be
involved here. , We felt 40 ' was .right.
MR. CHAIRMAN: Do' you°..kn:ow the approximate distance of the
proposed site to the: Narrow River Road?
MR. JAAZOMBEK: I would estimate it' s at least. 60-65 'feet.
Definitely it is not within falling distance of_ the. road.
MR. CHAIRMAN: Do you feel any placement closer to the house
would require additional. height, is that your opinion?
MR. JARZOMBEK: Yes. That seems to be happy medium of being:
far enough away that the higher tower wasn't. needed yet close enough
that it would be economically feasible.
MR. CHAIRMAN: I will say that the board .has felt that we
would like to try and keep these towers as much away _from any type
of construction as possible and that was the reason why I asked __.
you ..:that question.. We'll.. see. what develops .throughout the hearing.
Is there anybody else that would like to be heard in. behalf of this
application? Anybody like to speak against the application? _, Ahy
questions .fr.om _any. board members?
MEMBER DOYEN: What" s the output?
MR. JARZOMBEK: This is a 4, 000 kilowatt.
MR. CHAIRMAN: Victor, did you have any:.:thou.ghts about it?
MR. LESSARD: Well only that if it. should go down it doesn't
hit anything. Is it in the_ b_ ackyard? It' s. considered an accessory,
that' s why I ask that.
(:Mr__.L.es`s.ar.d. viewed-,;.the--.sketch.)
L
Southold Town Board of Appeals -11- November 30, 1983 Regular Meeting
(Appeal No. 3188 - RICHARD JARZOMBEK, continued: )
MR. LESSARD: He actually doesn't have any backyard now that I
looked at it.
MR. CHAIRMAN: I was going to say that, but I'm afraid anything
about anybody interprets backyard anymore.
MR. LESSARD: No, I can handle backyard--lots of stuff I can't
but I can handle that.
MR. CHAIRMAN: Mr. Jarzombek, could you furnish us with the
information on how far the proposed site would be from the closest
bulkhead--in other words, if I were standing in front of the proposed
site to the left hand side, you'll see where that one bulkhead cuts
in and around. You don't have any distance from there. You have
46 ' from the farthest one.
MR. JARZOMBEK: That drawing is to scale. I would believe it' s
40 feet. I believe it is to scale.
MR. CHAIRMAN: Just let- me review the options. with you before
we close the hearing. ' Now, if the board made any adjustment on
where this particular site would be--this proposed site--you're
saying that. it would not be feasible for you _to put that generator
on that particular height in that spot, so it has to go in that .
spot.
MR. JARZOMBEK: That was the best area from all the possibilities.
As far as distance from any structure. They. set it _back away from the
road to go further away from the gentleman' s house would mean at least
250 feet, an additional 250 feet. It would increase the price, and
everyone has� one to save money.
MR. CHAIRMAN: And you said it was. 65 feet away from the. road
approximately?
MR. JARZOMBEK: Yes.
MR. LESSARD: Is there a light?
MR. CHAIRMAN: Do you think .you' ll. have; a light on it?
MR. JARZOMBEK: No.
MR. CHAIRMAN: Mrs- Oliva, you had a question?
RUTH OLIVA: Sixty-five feet from...the. road? We understand Mr.
Pluschau' s. problem and. we_'re certainly not against. wind generators,
but you know everything is in such close proximity there with the
boats and the people and cars; I'm. :_sure nothing. _is going .to. fall
apart I hope.
MR. JARZOMBEK: Well, that.' s. the purpose of .an engineer' s: drawing.
Southold Town Board of Appeals -12- November 30, 1983 Regular Meeting
(Appeal No. 3188 - RICHARD JARZOMBEK, continued: )
MR. JARZOMBEK continued:
When we build a house, we build it to certain specifications. I know
aften..reading the` paper, this:':.week.i..:.:
MRS. OLIVA: I understand.
MR. JARZOMBEK: We lived with LILCO. We lived with their towers.
We feel it' s a necessity of life that we live with. this.
MRS. OLIVA: I agree with Mr. Lessard maybe there should be a
small light up there being the fact that we Charlie Rose' s Airport
with smaller airplanes.
MR. JARZOMBEK: The trees in Mr. Pluschau' s backyard are 40-45
feet.
MRS. OLIVA: Do you mean the frontyard?
MR. JARZOMBEK: No. Water side .yard. Yes. If anyone is
flying that low, they:'.re in trouble.
MR. (unknown) : There are. 6.0 ' poles all the. way down the
highway.
MR. CHAIRMAN: If the board so chose to move this proposed
tower towards the house, what additional height. wou-ld.:b:e :required?
MR. JARZOMBEK: I believe, the homeowner because of the
expense could possibly not even go throu.gh. with it. They wanted
to keep the costs down, and one .of the. ways. was. with the._ reduced
tower height. This was also an. important., factor.
MR. CHAIRMAN: Why is it--does it cause a. vaccuum effect, or
what happens when it gets closer to a. structure?
MR. JARZOMBEK: Well, you see as air travels over water, it' s
a nice uninterrupted flow. As soon as it hits anything, the bluffs,
trees, a house or anything, the air starts to tumble, and when_ air
starts to tumble it creates turbulence--it' s. not a predictable
direction; and the- blades aren't. efficient. We need a nice, clean
air flow to work efficiently. Placement and height are probably
the most important consideration in placing windmills. _That' s my
opinion and the opinion of the industry..
MR. CHAIRMAN: Thank you. Go .ahead, Mrs. Bachrach.
SHIRLEY .BACHRACH: Is it.: .hurricane-proofed?
MR. JARZOMBEK: Yes. Hurricane-proof. The machines .are
designed to withstand _10.07120 miles an. hou_r of. winds. . The hurri-
cane of ' 38 which was the .most devastating. hu_rricane ever recorded
92 mile-an-hour winds.
.c
Southold Town Board of Appeals -13- November A, 1983 Regular Meeting
(Appeal No. 3188 - RICHARD JARZOMBEK, continued: )
MEMBER DOYEN: I beg to differ. It recorded 168 miles an hour
winds.
MRS. OLIVA: Yes, and I disagree with that.
MEMBER DOYEN: I know of an an emometer that .bl:ew off.:and it also
took .the roof with it. They were monitoring it and that was the
last reading with the enomometer. In other words the winds can
exceed it, but hopefully not.
. MR. CHAIRMAN: Did anyone else have any questions? (None)
I assume you want to get going on this as quickly as possibly.
MR. JARZOMBEK: Yes, because of the tax credit for this year.
It would have to be before the 1st of the year.
MR. CHAIRMAN: We would probably be deliberating the week after
next. I don't know. what we„Ill get into tonight concerning this
application, ok? Hearing no further comments, I ' ll make a motion
closing the hearing and reserving decision until _later.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it. was
RESOLVED, to- cloSe the hearing . and. reSerVe . dedisiOn 'iintil later
in the matter of Appeal No., 3188 by. RICHARD JARZOMBEK for R. Pluschau.
Vote of the Board: Ayes: Messrs. _ Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution. was unanimously adopted.
TEMPORARY RECESS: On motion by Mr. Sawicki, seconded by Mr.
Goehringer and unanimously carried, the board moved to recess for
approximately five minutes, at which time the meeting would be
reconvened.
RECONVENE: On motion by Mr. Sawicki, seconded by Mr. Grigonis,
and unanimously carried, the board moved to reconvene the Regular
Meeting for the purpose of transacting those matters scheduled.
MEMBER DOYEN was not a sitting member but did remain for ..
questions directed to him on his variance application, infra.
PUBLIC HEARING: Appeal No. 3187. Application of SERGE AND
JANICE R. DOYEN, Box 263, Fishers Island, NY 06390, for a Variance
to the Zoning Ordinance, Article III, Section 100-32 for permis-
sion to construct accessory storage building -in an area other than
the required rearyard= at premises located along Fox Avenue, Fishers
Island, NY; County Tax Map Parcel No. 1000-006=06-001.
Southold Town -Board of Appeals -14- November 30, 1983 Regular Meeting
(Appeal No. 3187 - SERGE AND JANICE DOYEN, continued: )
The Chairman opened the hearing at 8: 26 o'clock p.m. and read
the legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of tge bacj if the building permit
which indicates the storage shed approximately 60 ' from, I believe,
the easterly property line, 40 ' from the house. I also have a copy
of the County Tax Map indicating this property and the surrounding
properties. Mr. Doyen, would you like to. be heard?
SERGE DOYEN (in the audience) : It speaks for itself.
MR. CHAIRMAN: Will there be electricity?
MR. DOYEN: No.
MR. CHAIRMAN: Windows?
. MR. DOYEN: Not as planned at the moment anyway. It' s a
pre-package but there is .no window in it.
MR. CHAIRMAN: Would anybody else like to. speak in regard to
this application? Questions .from any. board 'members? .(None)
MR. CHAIRMAN: I ' ll offer a resolution granting this. with
the following condition_.: That it not .-be used- for living, sleeping,
habitable quarters, or as a bunk house, et .cetera._.
MEMBER SAWICKI : Second.
(continued on page 15)
Southold Town Board c_ _appeals -15- Novembe: _ 0, 1983 Regular Meeting
(Appeal No. 3187 SERGE AND JANICE Re 'DOYEN,. continued: )
The board made the following findings and determination:
By this appeal, applicants seek permission to construct an 8 ' by
10 ' accessory building for storage/garage purposes to be located in an
area approximately 60 ' . from the. easterly side property line and approxi-
mately 40 ' from the existing one-family dwelling structure. The board
members are familiar with the site in question as well as its unique
topography and elevations. The board members agree that the area
chosen is the most feasible under the circumstances.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; (3) that the circumstances are .
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Sawicki, it was
RESOLVED, that Appeal No. 3187, application of SERGE AND
JANICE R. DOYEN for permission to locate accessory storage build-
ing in an area technically considered frontyard, BE AND HEREBY
IS APPROVED, PROVIDED THAT SAME NOT BE USED FOR LIVING/HABITABLE
QUARTERS (or bunk house) .
Location of Property: Fox Avenue, Fishers Island, NY; County
Tax Map Parcel No. 1000-006-06-001.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis.,
Douglass and Sawicki. (Member Doyen was not a sitting. member at
this time and abstained. )
This resolution was adopted.
J i
Southold Town Board of Appeals -16- November 30, 1983 Regular Meeting
PUBLIC HEARING: Appeal No. 3190. Application of WILLIAM 'BURKHARDT,
by Alfred J. Skidmore, Esq. ,_ 117 Newbridge Road, Hicksville, NY 11802, for
a Variance to the Zoning Ordinance, Article III, Section -100-32, for
permission to construct accessory storage building in an area other than
the required rearyard at premises known. as 50 Wabasso Street and 2315
Nokomis Road, Southold; County Tax Map Parcel No. 1000-078=03-part. of
039.
The Chairman opened the hearing at 8 : 31 o'clock p.m. and read
the legal notice of .hearing in its entirety. _and appeal application.
MR. CHAIRMAN: We have a copy of .a survey dated. October 27, 1983
indicating the placement of the :ex_isting garage. approximately 4.7'. from
Wabasso Street .and approximately 25' ::sfrom- Nokomis Road; and:. I have:. a
copy of the Suffolk County. Tax_ Map. indicating this property and the
surrounding properties in_ the area. Would anybody like to- be heard in
behalf of this application?
W.ILLIAM BURKHARDT: .Yes.,. I'm Mr.. Burkhardt. This has to do. with
a garage that has been there for. as many years as you indicated,. and
apparently it' s too close to the road under the new ordinances;. and we
would. like to put a house in- back of it, and it doesn't make much sense
to move the garage. I.t' s. in good condition, and it would be a hardship
obviously and a .great expense, and there` s. no point to it. It does not
conflict with anything across the street. Across the street is Associa-
tion property. It' s. .on part of a corner lot. It' s.: really a matter of __
matching the house with the garage, and a.. .garage is how. it is going to
be used. _.
MR. CHAIRMAN: Thank you. Can I ask you a couple of .questions
concerning- the garage? What is the approximate size of the .garage?
MR. BURKHARDT: Twenty-two by 24.
MR. -CHAIRMAN: We were unable when. we. were down there to look
into the garage, not that we normally .do -we usually ask you the ques-
tion at the hearing. Are there any .sleeping quarters. in that garage,..._
Mr. Burkhardt? _
MR. BURKHARDT: No. Tha.t' s: storage.
MR. CHAIRMAN: Storage area. Is. there electricity in the garage?
MR. BURKHARDT: Yes. It isn't. hooked up. at the moment.
MR. CHAIRMAN:. You intend to use this. building as a storage
building is that correct? _
MR. BURKHARDT: Yes. Garage.
MR. CHAIRMAN: Would you object to a- condition that it not be
attached to .the house in__ any. way?
Southold Town Board of Appeals -17- November 3U, 1983 Regular Meeting
(Appeal No. 3190 - WILLIAM BURKHARDT, continued: )
MR. BURKHARDT: Not at all. I didn't have any plan to attach it.
MR. CHAIRMAN: I'm just saying in the near future some people
like then to attach it to the house and then we run into a sideyard
problem and then another frontyard problem and so on and so forth.
MR. BURKHARDT: I don't know. Is that important that--
MR. CHAIRMAN: No, that' s just a question that is normally asked.
MR. BURKHARDT: It' s conceivable that it would make sense some
time n the future to. attach it. I don't know what to say. If it' s
important that it never. be attached, I would go along with it, but it
might enhance the look of the whole set-up if they were attached. At
the moment, my plan is not to attach it. .
MR. CHAIRMAN: Thank you. Would anybody else like to speak in
behalf of the application? (No one) . Anyone wishing to speak against
the application?. ,. Mr. Burkhardt, do you object to any conditions that
the garage remain as a storage building? _
MR. BURKHARDT: No. That' s the purpose of it.
MR. CHAIRMAN: Thank you.
MR. GIFFORD: A few questions. here. My name is Gifford. I
live in Laughing Waters. The existing structure. we.'re_ talking about
is an alleged garage as far as I'm concerned. I find that it' s very
unique that a garage has_ an extension on the back of it which is a
screened porch, an outdoor shower, a. kitchen window; it' s a well- ( )
garage with shutters. I just find: .it a unique structure. The other
thing is on the plot- plan and information we have, there is no well
listed and: .dimensions;::there are no sanitary facilities listed� or
dimensioned; and if you are allegedly considering putting in another
building and the building is to _be .inhabited by` .people. for summer
rental, as .I,".understand it--.
MR. BURKHARDT: There' s no indication of that.
MR. GIFFORD: Well, we.'ve had some indications on this whole--
MR. CHAIRMAN:. Excuse me,. would' you. just direct the questions
this way, s.o. .that we don't run into _a problem--. .
MR. GIFFORD: Sorry. We. have had three different versions of
what' s going ,to happen on this property, and. we. really don't--. are
not clear of. what'_s,.. happening,. _but_ we are concerned, with a number of
things. One::is: .the. appearance of the property, appearance of. what _is
going to be put on there as to the. appear ance_ of .the surrounding
homes. The only thing is, if properties. are adjacent, and they_ are,
to this piece of property,- and if, another structure is to be added
and if that structure is to. have a C of. 0 and to be inhabited, where
Southold Town .Board of Appeals -18- November 30, 1983 Regular Meeting
(Appeal No.. 3190 - WILLIAM BURKHARDT, continued: )
MR. GIFFORD continued:
is' the well; where is the septic tank. Are they existing or
are they to be proposed? If they are proposed, should they not be
on the plot plan?
MR. BURKHARDT: May I say. something?
MR. CHAIRMAN: Certainly.
MR. BURKHARDT: . We've had all of that information from the County
already, and they have the location of wells .and cesspools.
MR: CHAIRMAN: Do you have that with you, sir?
MR. BURKHARDT: Well, let me look and see if I do.
MR. CHAIRMAN: Did you have any other questions while this
gentleman is looking?
MR. GIFFORD: Yeah,. we.'re concerned--. do you buys mind if I talk?
FEW LAUGHING WATERS RESIDENTS: Go right ahead.
MR. GIFFORD: We're concerned because there has been some dis-
cussion in the neighborhood that the premises, the existing ones,
have in fact been inhabited and utilized for a summer bungalow. I
have never been inside the building. If these stories I here or
rumors I here are correct, does that imply. there. was a bathroom in
there and a kitchen; if these things are_ so, then there must be
sanitary facilities. . If the structure has never been inhabited,
then what I just said is ( ) . The only thing which is germane to .
what you are considering here, is that if:..there is anything true
to this supposition, then it throws to my ,mind the whole subject
of adding yet another structure to the property into a. different
prospective.
MR. BURKHARDT: Would you pass this up to Mr. Goehringer?
(Mr. Burkhardt passed up the approved copy ,of the 9/21/83 survey
from the Health Department, No. 13-SO-1.73,. indicatrin_g the existing
and new well and cesspools.)
MR. CHAIRMAN: I' ll reflect on that in a second. Thank you.
MR. GIFFORD: Sure.
MR. CHAIRMAN: Do you mind if I ask you the questions that
this gentleman eluded to?
MR. BURKHARDT: Not at all. I. wish you. would. I would like
to clarify it.
J
Southold Town Board of Appeals -197 . November ju, 1983 Regular Meeting
(Appeal No. 3190 - WILLIAM BURKHARDT, continued: )
MR. CHAIRMAN: It is my discretion not to swear this gentleman in.
Does anyone object to that? (No objection. ) Mr.. Burkhard___t, are
there existing facilities in this existing. struc.ture. now?
MR. BURKHARDT: Kitchen in the sense that there is a sink :instead,
yes.
MR. CHAIRMAN:. Is there. a stove? .
MR. BURKHARDT:. ' Yes, there.' s, a stove.
MR. CHAIRMAN: Refrigerator? .
MR. BURKHARDT: And a refrigerator.
MR. CHAIRMAN:. And this gentleman .eluded,. to. the.. fact that there
was a bathroom facility,. or. bathroom,
MR. BURKHARDT: Yes,_ .there is a. bathroom.
MR. CHAIRMAN:. . There is a. bathroom left?
. MR. BURKHARDT: Yes. . -Is. hasn't. been. used-for many, . many' years. .
We have no point in. re-using 'it when. we .put the _house..up: behind_ there.
All the. work was done,_ predates ordinancesothat ,no' longer. permit: that.
MR. CHAIRMAN: So this property. has not. been: used by' ,yourself
as a structure for a certain amount of. time?
MR. BURKHARDT: No. Exactly. I had other. things that demanded
my interests and I used _other property in' Southold,... that. belonged. to
my family. _.
MR.. CHAIRMAN: How 16ng. would' you say this property has not been
used as a habitable unit?
.MR. BURKHARDT: Perhaps 20' years. It was. never. habitable,. but
roughly, 20' 'years.
MR. CHAIRMAN: Do you think that the facilities that are, in there
now are usable, or are they inoperable or. what?._.
MR. BURKHARDT: I. wouldn't. have any idea. ..They could be made
usable. _..
MR. CHAIRMAN:. And there is. a. well on the premises?
MR. BURKHARDT: Yes. &. .a hand pump;
MR. CHAIRMAN:. So there are :two. wells on- the premises?
MR. BURKHARDT: Yes.
Southold Town Board of Appeals -20- November j0, 1983 Regular Meeting
(Appeal No. 3190 - WILLIAM BURKHARDT, continued: )
MR. CHAIRMAN: Is there any electric running to this building at
this time?
MR. BURKHARDT: No, it' s wired but there' s no -- I. had it discon-
nected.
MR. CHAIRMAN: I have no further questions. We' ll pursue another
line of questioning. Would anybody else like to speak against the
application?
G. MARINA: I would just like to add to that if I may?
MR. CHAIRMAN: Surely.
MR. MARINA: In my observations, there is a LILCO meter on
the face of the structure facing Nokomis Road.
MR. BURKHARDT: Yes, there is a meter; and as I said, it has. been
wired and LILCO does not remove the meter apparently when you ask to
have - it disconnected. It' s a matter of disconnecting it at the pole,
I presume.
MR. CHAIRMAN: Please, if you speak would you. just state your
name?
ED FINCK: Can. we find out when his last electric bill was?
MR. CHAIRMAN: First of all, I. would suggest that if you. wanted
to find that out that you could take the meter number off and call LILCO
and they would give you that information. ' That is not the nature of
this particular board--the history or the investigation,by this board.
So, that' s all I can suggest at this time. Anybody else that. would like
to speak against the application? Sir?
MR. FINCK: I just have a question. . .. The. house that' s being
constructed, have the plans for that been approved?
MR. CHAIRMAN: Approved. by the. Building Department?
MR. FINCK:. The fact that there' s. be some conjecture that i.t.' s
going to be new. cons.truction and then later on. we. h_eard it was going
to be a house moved from another location.
MR. CHAIRMAN: Mr.:. . Burkhardt, is. this--„
MR. BURKHARDT: It' s going to be constructed.
MR. CHAIRMAN: Over on this .side of the. room, anyone wishing to
speak against the application?
MR. BURKHARDT: Excuse me, can I say something?
MR. CHAIRMAN: Surely.
Southold Town Board or Appeals -21- November .s0, 1983 Regular Meeting
(Appeal No. 3.190 - WILLIAM BURKHARDT, continued: )
MR. BURKHARDT: If this man, if I can address myself to the specific
question of what he' s leading to in asking about the bill, I'd be happy to--
MR. CHAIRMAN: Let him go over this plan and--
MR. BURKHARDT: No mean the part of the electricity. I don't know
what he was suggesting by long has it been since I've received an electric
bill. I don't know what his point was.
MR. FINCK: Well, if you paid the electric bill, it means the
place was occupied.
MR. BURKHARDT: ' Yes, well, electricity was used. I've admitted
that. I said that was 20 years ago.
MR. FINCK: Twenty years ago?
MR. BURKHARDT: Roughly.
MR. CHAIRMAN: All right, on this side of the room?
MR. GAYNOR: My name is Gaynor and I'm a resident of the Laughing
Waters area. There are several items. Even though it' s prior to years
of having ( ) to the local area, the garage building (statement unclear
due to background noises)_. Apparently not used_ as _a garage or living
quarters or for storage; therefore, it is not compatible with the area,
in Laughing Waters. Second of all, he has a structure also, if you
call it a structure-
MR. FINCK: Shed.
MR. GAYNOR: Shed. Looks like the- body of .an old truck.
MR. BURKHARDT: I.t' s, a shed.
MR. GAYNOR: There' s another one. behind that. We 're. wondering
what he' s _going to do. with that.
MR. BURKHARDT: May I. answer that immediately?
MR. GAYNOR: I''m not done.
MR. BURKHARDT: I 'm sorry.
MR. GAYNOR: Up till now we can't, touch. it. because it precedes
whatever happened, years._ ago, and there' s nothing.we can do: about it;
but if he' s going to put. something on there now _--is he going to use
that structure; is he going. to make it look. better? Will it enhance
the property?. The way_ it is now,. we wouldn't be in favor of it. We
object to it. very strongly.
MR. CHAIRMAN: Thank you, Mr. Gaynor. Mr. Burkhardt?
Southold Town Board of Appeals -22- November s0, 1983 Regular Meeting
(Appeal No. 3190 - WILLIAM BURKHARDT,. continued: )
MR. BURKHARDT: The shed will be going. They were there at the
outset, and they're right where -.the house is going. After the sheds
are gone, we have no need for them. There ' s a beautiful garage that
Mr. Gifford describes so well by saying it has a picture window which
is nothing more than a 2 ' by 3 ' piece of plate glass. And you gentleman
can see how palatial the garage is by going to take a ride and look at
it. But the out buildings are going and they're in the way of the new
construction. And if I may continue, there' s nothing going to be done
that is not going to upgrade the property. That' s my only intention.
These people have no concern about anything being done to depreciate
property values in general or specifically. All I'm trying to do is
add a house to an existing garage which predates .zoning ordinances.
MR. CHAIRMAN: Thank you. Mr. Gaynor, -basically some of your
concerns is what I asked Mr. Burkhardt in the beginning of this hear-
ing; and that was, would you object to a restriction on this as just
being a storage building;_ which would mean if there were any utilities
in there, he would _basically have to take those out. It has to remain
as a storage structure. That is different however than if he attached
it to his house, and that. was the purpose of my other question, you
know, would he be attaching it to the_ house_--would he object to that
restriction, because then you could encompass that particular area
that is now storage and encroach upon that and make it habitable area.
Do you understand that? .
MR. GAYNOR: I understand that. What I can't understand is
that he' s putting a new:_residence up. I still don't. know if it' s a
new residence or a present:.residence being moved over?
MR. BURKHARDT: New residence.
MR. GAYNOR: Why. would he --he. would. actually have two. residences
there on one piece of property? We.'re using the first one -- I. know
what you're saying=-the electricity,. water, . he. has all the makings or
all the materials and utilities there to have the residence, and now
he' s ,putting another one. Why. would he have two. of them'.'unless. he
used one for storage and the other. one actual living quarters?
MR. CHAIRMAN: Well, we're seeking to suggest to him that he
take that out as the part of this application if this board does
grant it, ok? So I can assure you that any decision, if .we do render
a decision in the favorable sense, that it.. will be rend__ered. with some
very strict restrictions--
MR. BURKHARDT: May I say something again. Last year. around
this. time you granted me the minor subdivision, and at that time
you specified iri your. varian.ce that it not be used for anything but
a garage,,. or words to that effect. It' s. a restriction in the _
variance. which encompassed dividing --making the minor subdivision.
MR. CHAIRMAN:. That' s correct.
MR. BURKHARDT: It' s. already covered.
Southold Town Board of Appeals -23- November .50, 1983 Regular Meeting
(Appeal No. 3190 'WILLIAMBURKHARDT,.. continued:.)
MR. CHAIRMAN: Any other questions, Mr. Gaynor?
(None)
MR. CHAIRMAN: I hope that answers your question.
MR. GAYNOR: It does.
MR. CHAIRMAN: Really, there are two things I don't want. Number
one, I don't want anybody to walk out of this room and have any heart
problems tonight because we've had that problem also. Number two, I
.would really rather see neighbors. work things out than have animosity
among neighbors. And I will say this. Everybody has been extremely
courteous tonight and I and the board appreciates that, and that' s
the way things get done.
MR. BURKHARDT: May I say something? Apparently, the wording in
the newspaper was a little bit too technical or something that could
not be understand by someone who had not been briefed on the situation.
" . . .Permission to construct accessory storage. . . . "- This is what con-
fused, I believe, many of these people and that they thought something
was going to. be constructed as an accessory building to the existing
garage rather than what actually is the case that we're creating per-
mission to use the garage in a position where it is not normally used.
MR. GAYNOR: That wasn't really the confusing part. One of the
neighbors adjacent to him, not Mr. Wood, Mr. Bourgesson who happens not
to be here and is in Florida,: .had spoken to him and he told him he was
moving an existing building from another area onto the land-'that is
presently. there. Now once you read that and get a story of that oneu plus yo 've got a set of spec ' s here that tells an-', altogether different
story -- we.'ve gotten three different version's, and that is what
caused the confusion. One of .them has to be correct and that' s. why
we're here tonight.
MR. CHAIRMAN: Can I just go over to the gentleman next to you--
did you have a question, sir.; a moment ago?
MR. RUSLING WOOD: Me, sir? I had just exactly. what Mr. Burk-
hardt said, "confusion. " Absolutely.
MR. CHAIRMAN: What.' s your name, sir?
MR. WOOD: Rusling Wood. I 'm his next door neighbor.
MR. MALINO.: I just. wanted to. know if this. building or addition
will be at any time used as any kind of a business? A. warehouse? . Or
any kind of a business?
MR. CHAIRMAN: Not so. far as this. board is concerned.
MR. BURKHARDT: And not so far as the owner is concerned.
MR. LESSARD: Or the building department.
Southold Town Board of Appeals -24- November 1983 Regular .Meeting
(Appeal No. 3190 - WILLIAM BURKHARDT, continued: )
MR. CHAIRMAN: Oh, I 'm glad your still there--
MR. LESSARD: I 've been listening here, and--
MR. CHAIRMAN: I was eluding to the fact that there were nights
when Mr. Lessard was a little more linquistically oriented. : (j:okingly)
MR. LESSARD: If you want me to try and put everyone' s mind at
ease, I will. The laws are very definite on the three problems you
brought up. Number one, he will not build a new house until he gets
the ok from the Health. Department that he has on the survey; Number
two, there will be only one habitable building on that property.
Should down the road. he decide to buy a building a move it on that
property, he will have to meet the requirements of a new building.
Space-wise, energy-wise, the whole :thing. So whatever happens when
he gets done there is going to be a new house there, of he chooses
to build on it. Again, the minute he wants to build a new house or
whatever, all utilities that would indicate more than one dwelling
that could be habitable would be removed, or he will not get his
C.O. or permit. So anything other than that you want to explain, I
can certainly put your mind at ease in a hurry on it.
MR. CHAIRMAN: Thank you.- Anyone else like to speak for or
against the application?
MR. BURKHARDT: One final thing. I could have spoken to more
than one neighbor. I spoke to one neighbor, and I could have spoken
to more and perhaps clarify this. I did not. I did not see the
necessity. for-it, and perhaps I. was mistaken by not taking everybody
into account, sort of. speak; but I can see where they're concerned
about their property values and what I'm going to do there, and it
speaks well for my community to own property where people are so.:_'.:'.
concerned.
MR. CHAIRMAN: Thank you, Mr. Burkhardt. Heaing no further
questions, I' ll make a motion closing the hearing.
MEMBER SAWICKI: Second'.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the *hearing. in the matter of Appeal No.
3190, application of WILLIAM 'BURKHARDT.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This. resolution was urianimously _adopted.
Southold Town Board c_ Appeals -25- November _ _I, 1983 Regular Meeting
The Chairman thanked the audience. for their courtesy during the
time of testimony in making their objections. known.
PUBLIC HEARING: Appeal No. 3169. Application of RALPH AND MARY
MERRILL, 3300-26th'. .AVenue East, Estates #27, Bradenton, .FL 33508 , for
a Variance to- the Zoning. Ordinance, Article III, Section 100-31 for
permission to reseparate two substandard parcels, each with an exist-
ing dwelling, having, insufficient area and width and known as Lots
41 and 42 on Subdivision Map of Laurel Parl, Map #212; also known as
600 North Oakwood Road, Laurel, NY; County Tax Map Parcels No. 1000-
127-08-006 and 007.
The Chairman opened the hearing at 8 : 56 o'clock p.m. and read the
legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of a letter from the Merrills, who
couldn't make it, with their opinions; and I have a copy of a survey
indicating a date . of August 13 , 1960 indicating two parcels, Lot
#41 with an existing dwelling of approximately 30 ' by 30' . Lot . #42
with an existing dwelling of approximately 34 ' by 58 ' with variations.
And I have a copy of both lots, Lot #42 is approximately 80 by 156. 36 '
and a variation on the other side; and Lot #41 is approximately 80 by
266 .85 ' with variations. We also. have a copy of the Suffolk County Tax
Map showing this property and the surrounding properties. Who would
like to be heard in behalf of this application? Mr. Celic, are you
representing Mr. Merrill?
. ROBERT CELIC: No.
MR. CHAIRMAN: Miss Wickham, are you representing Mr. Merrill?
ABIGAIL WICKHAM, ESO. : No.
MR. CHAIRMAN: Ok. Anybody else like to speak in behalf of the
application? Serge? (Nothing) . Anybody like to speak against the
application?
MRS. RUTH OLIVA: I would like to ask one question. When was this
subdivision legalized, shall we say?
MR. LESSARD: 1929.
MRS. OLIVA: ' Oh. Thank you.
MR. CHAIRMAN: The Planning Board letter reads:
" . . .RESOLVED, that the Southold Town Planning Board approve the
set-off for the lots located at Laurel, subject to the approval of
the Zoning Board of Appeals and consideration and recommendations
from the Suffolk County Planning Commission. . . . "
Southold Town Board c Appeals -26- Novembe W, 1983 Regular Meeting
(Appeal No. 3169 - RALPH AND MARY MERRILL, continued: )
MR. CHAIRMAN continued:
Hearing no further comments, I '.11 make a motion closing the hearing
and reserving decision until later.
MEMBER SAWICKI: Second.
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, to close the hearing and reserve decision until later in
the matter of the application of RALPH & MARY MERRILL, Appeal No. 3169 .
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
PUBLIC HEARING: Appeal No. 3007. Application for NORMAN J.
MURRAY, by Wickham, Wickham & Bressler, P.C. , Main Road, Mattituck,
NY for a Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to divide Lots 37 through 40 of Laurel Park
Subdivision into two separate substandard lots located at the east
side of Oakwood Road, Laurel, NY; County Tax Map Parcel No. 1000-
127-008-008 .
The Chairman opened the hearing at 9: 00 o'clock p.m. and read the
legal notice of hearing in its entirety and appeal application.
MR. CHAIRMAN: We have a copy of a survey dated September.=6,
1983 indicating Parcel l of 56, 000 sq. ft. with a two-story frame
dwelling with porch, and Parcel 2 of 33, 200 sq. ft. and a one-story
frame house, and a copy of the Suffolk County Tax Map indicating
this and surrounding properties. Miss Wickham, would you like to
be heard in behalf of this application?
ABIGAIL WICKHAM, ESQ. : Thank you. I think the application
pretty much says it and if you look at the tax map we have four
filed lot maps here that we're dividing only into two parcels.
It' s just way oversized even with the division compared with the
rest of the neighboring properties.
MR. CHAIRMAN: Thank you. Would anybody else like to speak in
behalf of this application?
ROBERT CELIC: Yes. Dr. Murray is very concerned that this
be approved as soon as practicable because he has been involved
with the town in terms of applications for over a- year, and no
determination has been finalized as of this date. So he would
be certainly happy if some determination would be made. Originally
it was requested that this parcel be divided into three, and at that
time I felt it was a reasonable request, but I also believe at the
moment that dividing it into two is very equitable.
i
Southold Town Board Appeals -27- NovembE,. 30, 1983 Regular Meeting
(Appeal No. 3007 - NORMAN J. MURRAY, continued: )
MR. CHAIRMAN: Thank you, Mr. Celic.
SECRETARY: We do have Planning Board approval on this also.
MR. CHAIRMAN: Yes. It reads:
" '. . .RESOLVED, that the Southold Town Planning Board approve this
set-off as indicated on the minor subdivision of Norman Murray dated
August 19, 1981 located at Laurel, subject to filing of covenants
and restrictions stating no further subdivision will be made on any
of the lots in the future. . . . "
Would anybody else like to speak in behalf of this application? Anyone
wish to speak against the application? Questions? . (None) . .
MR. CHAIRMAN: I' ll make a motion closing the hearing and reserving
decision until later.
MEMBER DOUGLASS: Second.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision until later in
the matter of the application of NORMAN J. MURRAY, Appeal No. 3007.
Vote of. the Board: Ayes: Messrs. Goehringer,. Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
RECESSED HEARING: Appeal No. 3157. Upon application for DIMITRIOS
PAPAGIANNAKIS, by D. Kapell as agent, 400 Front Street, Greenport, NY,
for a variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, to re-divide two parcels, each having insufficient area
and width and located off .the west side of Stars Road, East Marion, NY;
Stars Manor Subdivision Map #3864, Lots 20 and 21; County Tax Map
Parcels No. 1000-22-04-001 and 002.
The Chairman reconvened the hearing at 9:07 p.m.
MR. CHAIRMAN: This hearing was recessed from our August 31, 1983
Regular Meeting. These parcels are on the Stars Manor Subdivision Map
made and approved by the Planning Board in 1963. In accordance with
the new Local -Law, #10. .recently adopted and the interpretation of
Mr. Lessard. since_ this application was filed, this subdivision is
exempted from the area requirements.
(MR. KAPELL was present. )
MR. CHAIRMAN: I' ll make a motion approving these two lots in
accordance with the interpretation of Local Law #10 which was adopted
October 4, 1983 exempting certain lots on 'maps which have received
Planning Board approvals.
Southold Town Board c kppeals -28- November 0, 1983 Regular Meeting
MEMBER. SAWICKI Second
The board made the following findings and determination:
Pursuant to a July 11•, 1983 Notice of Disapproval from the building
inspector, applicant filed a variance to Article III, Section 100-31,
Bulk Schedule, requesting the separation of two lots as they existed
on the 1963 Subdivision Map #3864 of "Stars Manor, " which contain an
area of .465 acres and an average of 112 ' frontage along Stars Road.
Subsequent to the issuance of the building inspector' s disapproval,
the Town Board on October 4, 1983. amended the zoning ordinance by
'Local Law #10-1983 exempting certain lots on maps which have been
approved by the Planning Board prior to May 20, 1983 . It is the
unanimous opinion of this board that all lots which have been
approved by the Planning Board prior to May 20, 1983 since the
inception of zoning in 1957, shall be considered in compliance
with the area, lot width and lot depth requirements of the Bulk
Schedule, in acquiescence with the building inspector' s inter-
pretation at the within public hearing held November 30, 1983 .
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to.
warrant the granting of the application as noted below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by Mr.
Sawicki, it was
RESOLVED, that Appeal No. 3157, application for DIMITRIOS
PAPAGIANNAKIS, for permission to reestablish two lots as they
existed on "Stars Manor". Subdivision Map #3864, Lots 20 and 21,
BE AND HEREBY .IS APPROVED PiS APPLIED.
Location of Property: West Side of. Stars Road, East Marion,
NY; Lots 20 and 21 of Stars Manor Subdivision Map #3864 ; County
Tax Map Parcels No. 1000-22-04-001 and 002.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki: This resolution was unanimously adopted..
. t
Southold Town Board Appeals -29- NovembE 30, 1983 Regular Meeting
9:10 p.m.
INFORMAL DISCUSSION: Appeal No. 3173. MIRIAM BATSON by David
Kapell.
Mr. Kapell requested an appointment...to: meet with the board members
in order to explain his.- request fora rehearing of . Appeal No. 2991
as applied in Appeal No. 3173 . Mr. Kapell said:_there_ is a 10 '
difference from last year'..s building plan and therefore brings the
length to a total of approximately 52. feet rather than the 42 feet.
Also, without the extra footage it would not be possible to get a
.turnaround area at the upper deck area where the stairs would be.
The request. .for a rehearing dated September 29, 1983 had requested
consideration of a full 11 ' 6" deck as requested in the May 191 1982
application. Mr. Kapell had indicated that that request :is further
amended, . and that he would be submitting the appropriate revised
maps for the board' s consideration in the near future, for a 7-foot
wide deck and 10-foot additional length.
RESERVED DECISION: , Appeal. No. 3186.
Application of JOHN C. DILLER, 260 Peconic Bay Boulevard,
Laurel, NY for a Variance. to the Zoning Ordinance, Article .III,
Section 100-32 for permission to construct accessory storage
building in the frontyard area of premises known as 260 Great
Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No.
1000-145-02-1.6.
(continued. on page 30)
Southold Town Board of Appeals -30- November j0, 1983 Regular Meeting
The board made the following findings and determination:
By this appeal, appellant seeks permission to retain a 7 ' by 12 '
tool storage shed in an area which is technically considered frontyard
area pursuant to Article III, Section 100-32 of_ the zoning code. The
accessory. building is located approximately 235 feet south of Peconic
Bay Boulevard and a minimum of' 45 feet from the .easterly side _property
line. The premises . in question fronts along Peconic Bay 88'. 62 feet
and along Peconic Bay. Boulevard 15. 53 feet as. shown on survey revised
July 2, 1982, and is improved with a two-story, one-family framed
house set back 88 . 4 feet from its tie line along the. average high
water mark. On March 20, 1980, a conditional variance was approved
in Appeal No. 2671 (McNulty) changing the layout of the lots. and
Planning Board conditional approval was. received for same on August 20,
1980. The board members are in agreement with the applicant.
In considering this appeal, the board determines: ' (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting _of the application as noted below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; (3) . that_ the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the..public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below.
Accordingly, on motion by Mr. Douglass, seconded by Mr.
Sawicki, it was_ _._
RESOLVED, that Appeal. No. 3186, application of 'JOHN C. DILLER
for permission to retain location of accessory tool_ shed in the_ _
frontyard area, . a minimum-of . 4.5' . from: the . easterly.. side .property.
line, BE AND 'HEREBY IS APPROVED,' SUBJECT TO THE FOLLOWING CONDITION:
The accessory building shall. not. be used at -any time for
sleeping/habitable purposes.
Location of Property 260 Great Peconic Bay. Boulevard, Laurel,
NY; County Tax Map Parce_l. No. 1000-1.45-21-1.. 6 . _
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and_ Sawcki. This resolution was unanimously adopted._
Southold Town Board of Appeals -31 November 30, 1983 Regular Meeting
RESERVED DECISION: Appeal No. 3007 - NORMAN J. MURRAY.
Upon application for NORMAN J. MURRAY, by Wickham, Wickham and
Bressler, P.C. , Main Road, Mattituck, NY for a Variance to the Zoning
Ordinance, Article III, Section 100-31 for permission to divide Lots
37 through 40 of Laurel Park Subdivision into two separate substandard
lots located at the east side of Oakwood Road, Laurel, NY; County Tax
Map Parcel No. 1000-127-8=8 .
The public hearing on this amended application was also held
earlier this evening, at which time the hearing was declared closed
pending deliberations.
The board made the following findings and determination:
By this appeal, applicant seeks permission to divide a 2. 05-
acre parcel into two lots_, Parcels 1 and 2 containing approximately
56, 000 sq. , ft. and. 33,200 sq. ft. in area, . and 2.0.0 ' and 120 ' road
frontage, respectively. Parcel l is improved with a two-story,
one-family, framed house with porch; Parcel 2 is improved with a
one-family, one-story framed house with small porch. The premises
in question are known as Lots 37, 38, 39 and 40 of "Laurel Park
Subdivision Map #212, dated October 5, 1925 and were conveyed to
the applicant January 4, 1941.
For the record it is noted that applicant has received
approvals from the Southold Town Planning_. Board dated November 7,
1983 and from the N.Y.S. .Department of Environmental Conservation,
Permit #10-82-0143 as amended. October. 13, 1983 for the two-lot
division.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and .are sufficient to
warrant the granting of the application as. noted. below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; ' (3) . that the circumstances are
unique; (4) that the relief as approved will be in harmony. with
and promote the general purposes of zoning of_ the protection and
promotion of the public health, safety and. welfare; (5) that the
interests of justice would .be served by approving the application
as noted below. In allowing the. relief re..quested, it is the
opinion of the board that no change.. will be made of the property
in :question, since there. are two existing dwellings, and_ that no
additional dwelling units will be permitted on- either parcel.
Accordingly, on motion by Mr. Grigonis, seconded by Mr.
Sawicki, it was
RESOLVED, that Appeal- No. 3007, application for. NORMAN J.
MURRAY for approval of insufficient area and/or width of two
parcels as shown on the survey map . revised:September:. 6, . 1983,
by Roderick. VanTuyl, P.C. , BE_ AND 'HEREBY IS APPROVED; SUBJECT
Southold Town Board or Appeals -32- November 30, 1983 Regular Meeting
(Appeal No. 3007 - NORMAN J. MURRAY decision, continued: )
TO THE FOLLOWING CONDITIONS:
1. All new construction shall comply with sideyard set-
back requirements of the zoning code;
2. Each dwelling shall have a minimum of 850 sq. ft. of
living area, pursuant to Article III, Section 100-31, Bulk
Schedule of the Zoning Code.
Location of Property: East Side Oakwood Road, Laurel;
Lots 37 through 40, inclusive, of "Laurel Park" Subdivision
Map 212, mapped October 5, 1925, and more particularly identi-
fied as County Tax Map District 1000, Section 127, Block' 008,
Lot 008 .
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Doug-
lass and Sawicki. (Chairman Goehringer. abstained. ) _This
resolution was adopted by majority vote.
NEW APPLICATION: Appeal No. 3193 - FRANCES D. EPP.
. Variance for .division of property at Maple and Pine Roads,
Wesland Subdivision Map Lots 108, 109, 110 and .11l at Southold.
Pursuant to the January 12, 1982 set of procedures for
subdivisions involving applications to the Z .B.A. , the following
action was taken:
On motion by Mr. Douglass, seconded by Mr.. Goehringer, it was
RESOLVED, that Appeal No. 3193, application of FRANCES D.
EPP be held temporarily in_ abeyance pending receipt- of comments
or approval from the Southold .Town Planning Board. pursuant to
the January 1982 list of procedures. concerning division of land.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
. Southold Town Board Appeals -33- Novemb __ 30, 1983 Regular Meeting
RESERVED DECISION: Appeal No. 3169 .
Application of RALPH AND MARY MERRILL, 3300-26th Avenue East, Estates
#27, Bradenton, FL 33508, for a Variance to the Zoning Ordinance, Article
III, Section 100-31 for permission. to reseparate two substandard parcels,
each with an existing dwelling, having insufficient area and width and
know as Lots 41 and 42 on Subdivision Map of Laurel Park, Map #212;
600 North Oakwood Road, Laurel, NY; County Tax Map Parcels No. 1000-
127-08-006 and 007.
The public hearing on this application was held earlier this evening,
at which time the hearing was declared closed pending deliberations.
The board made the following findings and determination:
By this appeal, applicants seek permission to reseparate each of
the two existing one-family dwellings on a single and separate lot as
existed as shown on the Subdivision Map of "Laurel Park, " Map #212
dated October 5, 1925, and as conveyed to the applicants by separate
deeds .dated April 12, 1956 and December 1, 1960 (Lots 42 and 41 res-
pectively) . Each of the lots would contain a minimum area of . 51
acre with 80 ' frontage along North Oakwood Road. Applicants have
received approvals from the N.Y.S. Department of Environmental Con-
servation under Permit #10-83-1119 and the Southold Town Planning
Board November 7, 1983 concerning this division of property. Each
parcel is improved with one one-family dwelling having a minimum
floor area of 850 sq. ft.
In considering this appeal, the board determines: (1) that
the practical difficulties have been shown and are sufficient to
warrant the granting of the application as noted below; (2) that
the relief as noted below is not substantial in relation to the
requirements of the zoning code; (3) that the circumstances are
unique; (4) that the relief as approved will be in harmony with
and promote the general purposes of zoning of the protection and
promotion of the public health, safety and welfare; (5) that the
interests of justice would be served by approving the application
as noted below. In allowing the relief requested, it is the
opinion of the board that no change will be made of the property
in question since there are two existing one-family dwellings,
and that no additional dwelling units will be permitted on either
parcel.
Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis,
it was
RESOLVED, that Appeal No. 3169, application of RALPH AND MARY
MERRILL for permission to reseparate Lots 42 and 41 as as shown on..
the 1925 Subdivision Map of "Laurel Park, " Map #212, BE AND HEREBY
IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
Southold Town -Board of Appeals -34- November. 30, 1983 Regular Meeting
(Appeal No. 3169 - RALPH AND MARY MERRILL, continued: )
1. All new construction shall comply with sideyard setback
requirements of . the zoning code (for each lot) ;
2. Each dwelling shall have a minimum of 850 sq. ft. of living
area, pursuant to Article III, Section 100-31,. Bulk Schedule, of
the Zoning Code.
Location of. Property: 600 North Oakwood Road, Laurel, NY;
Laurel Park Subdivision Lots 42 and 41, Map .#212; County Tax Map
Parcels No. 1000-127-08-006 and 007.
Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Douglass
and Sawicki. (Chairman Goehringer abstained. ) This resolutio-n. was
adopted by majority vote.
RESERVED DECISION: Appeal. No. 3181.
Application of eROBERT A.'. CELIC, Main Road, Mattituck, NY
for a. Variance to the Zoning. Ordinance,. Article. VIII, Section_
10.0-8.0 (C) . and. VI, Section 100-6.0 (C) for permission to erect
off-premises directional sign- in this "C-Light Industrial" Zone
at premises located at the South' Side of Main Road, Greenport,
NY,_ more par.ticularly. khown as County Tax Map Parcel- No. 1000-
053-02-026.
(continued on page 35)
Southold Town Board of Appeals -35- November 30, 1983 Regular Meeting
(Appeal No. 3181 - ROBERT A. CELIC, continued: ).
The board made the following findings and determination:
By this application, the applicant requests permission to locate
a 48" by 32" directional sign for Celic Realtors on the west side of
the lumber building, just below the present "Penny Lumber" sign. The
location of the business. where this sign is directional is along the
south side of Route 25 in Greenport, just west of the present "Bill
Ballan Ford" business. The premises has not been occupied for many
years, has minimal road frontage of 50 ' and is improved with a very
small structure, 24 ' by 14 ' .
In considering this appeal, the board determines: (l) that
the circumstances herein are unique; (2) that. the size. of the
premises for which this sign is directional is limited in area
and it is the opinion of the board that the- visible area for similar
signs on this .parcel is limited to the traveling public; 1(3) that
the relief requested will not deface the landscape of the parcel in
question; (4) that the relief. will r_ot .change the character of
this business area; (5) that the.. safety, health,. welfare, comfort,
convenience and order of the town. wi7.1 not be adversely affected. by
the relief requested; and .(6). that the relief requested will not
prevent the orderly and. reasonable use of permitted or legally estab-
lished uses in this district or of permitted or legally established
uses in adjacent-use districts.
Accordingly, on motion by Mr. Sawicki,. seconded. by Mr. Douglass,
it was
RESOLVED, that Appeal No. 3181, application of ROBERTA. CELIC,
for permission to locate directional sign on. the. west. side ..of.. an ._ �
existing lumber . company building. 4.8". .b_y - 32'.. in size, BE AND _HEREBY
IS APPROVED, SUBJECT TO THE. FOLLOWING CONDITIONS:
1. The purpose of this size must. be. directional at all .times
in the public interest for Celic Realtors property (1000=4576.-3) ,
unless otherwise permitted in t#riting by this_ board;._
2. Written permission. from .subsequent property .'owners, if. any,
for this directional. sign; _
3. Said sign shall not be illuiainated.
Location of Property in Question: South Side Main Road,
Southold Town Board of Appeals -36- November 30, 1983 Regular Meeting
(Appeal No. 3181 - ROBERT A. CELIC, continued: )
Greenport, NY; County Tax Map Parcel No. 1000-53-2-26 . Property
to which sign is directional: 1000-4.5-6-3 (Main Road, Greenport) .
Vote of the Board: Ayes: Messrs. Doyen, Douglass, Grigonis
and Sawicki. Chairman Goehringer abstained. This resolution was
adopted by majority vote.
REFERRAL: TO COUNTY PLANNING COMMISSION: Appeal No. 3139.
On motion: by Mr. Sawicki, seconded. by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3139, application of ROBERT W.
GTLLISPIE,, III acid others,_ be: again.re.f.erred as to the rehearing
to the Suffolk County Planning -Commission, pursuant to Sections
1323, et seq. of the.: Suffolk _County Charter.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution. was unanimously adopted.
DATE FOR 'SPECIAL MEETING: The. board members agreed that
December 15, 1983 at 7: 00 p.m_. be ten.tatively. set as the date
for the' next:,Special Meeting of this board, _for the purpose of
transacting those business m_ atter: properly coming before the
board at that time.
APPEAL NO. 3188- 'RICHARD. JARZOMBEK for Raymond Pluschau.
The board members -asked Member Douglass._ to contact the applicant
in order to determine. the exact distances inasmuch as the plan
submitted did not appear to be. accurately. s.caled.
NEW APPLICATION:. Appeal. No. 3192.. LINDA -MILLER FAULKNER
for reseparation of- two .merged lots. at. :the_ southwest :side :of West
Creek Avenue, Cutchogue.
Pursuant to the January 13, 1982 .procedures for subdivisions
involving applications to the Z..B.A. , the. following. action. was
taken:
On motion by Mr. Douglass, seconded. by Mr. Grigonis,. it was
RESOLVED, that Appeal No. 3192, application of LINDA MILLER
FAULKNER be held temporarily. in abeyance. pending. receipt of - __. .
comments or approval from:-,, (1) the Southold. Town Planning
Board, and .(2) the. N.Y. S. Department of Environmental Cons.erva-
tion pursuant to Section. 661.5 (b) [57] of—the- Tidal Wetlands Land.
Use REgulations.
Southold Town Board c kppeals -37- November 0, 1983 Regular Meeting
(Appeal No. 3192 - LINDA MILLER FAULKNER: )
The premises in question fronts along Wickham Creek and each
parcel has an acreage of less than 40,000 sq. ft.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
NEW APPLICATION: Appeal No. 3191. RAYMOND E. CLEMPNER (and
HERBERT R. MANDEL) . Variance requests as follows: (1) division
of land, half to be merged with southerly parcel and the other
half with northerly parcel present of M.D. Clempner; (2) accessory
garage structure to be located in the front/side yard area on the
northerly half of the lot to be divided. Inlet Lane Extension,
Greenport. 1000-036=02=25, 26 and 24 .
Pursuant to the January 13,.. 1982 procedures for subdivisions
or other lot-line applications involving applications to the Z.B.A.
and the P.B. , the following action. was taken:
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3191,. application of RAYMOND E.
CLEMPNER be held temporarily in abeyance pending receipt of
comments or approval from:.._, (1) the Southold Town Planning Board
and (2) the N.Y.S. Department of Environmental Conservation
pursuant to Section 661. 5 (b) :[57] _of the Tidal Wetlands Land Use
Regulations.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
FOLLOW-UP ON APPEAL NO. 3170 - DANIEL SHELLEY.
The board members acknowledged receipt of correspondence
from Gary Flanner Olsen, Esq. , attorney for the applicant, indicat-
ing that a new survey from Young and Young is forthcoming. On
September 7, 1983, the Z .B.A. requested several items, one of
which was a map of the entire right-of-way showing the legal and
improved widths and lengths from Oregon Road to the proposed
Lot #2. On September 19, 1983, the Planning Board rendered
sketch map approval of the May 23, 1983 Subdivision proposal
with conditions. Upon receipt of the requested R-O-W map,
this f.il& will be complete and a public hearing would then be
scheduled as expeditiously as possible.
Southold Town Board or Appeals -38- November 30, 1983 Regular Meeting
NEW APPLICATION: FRANK SIMON and GEORGE SANBORN. The board
members reviewed the within file, and the following action was
taken:
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, to. schedule the matter of FRANK SIMON and GEORGE SAN-
BORN for a public hearing for'. :the next Regular Meeting of this
board, to wit, December 28, 1983, and advertised pursuant to law,
subject to receiving the proper filing fee.
Vcte cf the Board: Ayes: Messrs. Goehringer, Doyen; Grigonis,
Douglass and Sawicki. This resolution. was unanimously adopted.
APPEALS NO. 1987 and 2959-GALGANO AND SCHWARTZ.
ALSO NEW APPLICATION: JOHN DIVELLO for a revised 280-a.
Recently, it was brought to the board' s attention that a new
proposal has been submitted indicating an abandonment of an
existing approved right-of-way (Appeals No. 1987 and 2959) located
at the east side of Westphalia Road, Mattituck.
The secretary was instructed to notify the applicants in each
of the above appeals, as well as those owning properties along
this right-of-way,- that an additional application must be made
to this board requesting approval of access over the newly
proposed right-of-way for each and all of those parcels abutting
same.
INTERPRETATION REQUEST ON "BERMS" : In acquiescence of the
November 28, . 1983 opinion of ,Town Attorney Robert .W. Tasker,
the following action was taken in reply to the request of the
Building Department for an interpretation of "berms:' :
On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was
RESOLVED, that pursuant to the interpretation request of
the Building Department of October 11, 1983, it is the opinion
of this board that berms meet. .the,. definit.ionn._of: a wall or a fence
which__r.elat�es to a building, and should be treated as such,
under Section 100-119 .1, if such berms exceeds four feet in
length and above four feet in height.
Vote cf the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
DATE OF NEXT REGULAR MEETING: Tuesday, December 29, 1983 at
7:30 o'clock p.m. at the Southold Town Hall, Southold, New York.
Southold Town Board of Appeals -39- November 30, 1983. Regular Meeting
APPROVAL OF. .MINUTES: On motion by Mr. Goehringer, seconded by
Mr. Douglass, it was
RESOLVED, to approve the October 27, 1983 Regular Meeting. minutes
of this board.
Vote of the' Board: Ayes: Messrs. Goehringer., Doyen, Grigonis,
Douglass and. Sawicki. This. resolution was unanimously adopted.
- PENDING 'DECISIONS: Appeals- No. 3119. 1and 3120 - WARREN AND ELLEN
HUFE_. The._ public' hearings„ on._ these matters. were held on October 27,
1983, at which time testimony. was taken and the hearing was closed
pending receipt of information to. be supplied by Mrs. Hefter and
pending an additional. on-site inspection_ by this board. On Novem-
ber 16, 1983, Mrs. Hefter forwarded to the Z.B.A. copies of the
information pertaining to the prior zoning on this parcel. Mrs.
Hefter has also requested an inspection of the board to be post-
poned until mid-December at: th.e _request of her clients, who were
away. A tentative date of Saturday, December 17, 1983 at
approximately 9 :30 a.m. was agreed to for the inspections.
ENVIRONMENTAL DECLARATIONS (SEQRA) : Pursuant to Part 617 of
the implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental Conservation
Law and pursuant ,to Local Law' #44-4 of the Code of the Town of
,Southold, the following Negative Declarations. were declared on
each of the following matters for the reasons indicated below:
On motion by Mr. -Douglass, seconded by Mr. Grigonis, it was
RESOLVED, to declare Negative Declarations as required by
S.E.Q.R.A. on each of the following applications before this
board:
(continued on page 40)
Southold Town Board of Appeals -40- November 30, 1983 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3189
PROJECT NAME: THOMAS YASSO
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.:
project.
TYPE OF ACTION: [XI Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Storage building on abutting premises
of beverage distributorship in this B-1 Business Zone.
LOCATION OF PROJECT:. Town: of Southold, County of Suffolk, more
particularly known as: South Side Main Road, Mattituck, NY.
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur .should this project be imple-
mented as planned;
(2) The premises in question is not located within 300 feet
of an environmentally critical area;
t
Southold. Town. Board of Appeals -42- November 30, 1983 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of. Determination of Non-Significance
APPEAL NO. : 3170
PROJECT NAME: DANIEL SHELLEY
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar:
project.
TYPE OF ACTION: [X] Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION• Variance and approval - of access -for
two proposed parcels, 1. 766 and 2.106 acres, respectively. Off
Oregon Road, Cutchogue.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: R-O-W off Oregon Road, Cutchogue, NY.
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The- buildable area of each of these .parcels is at a height
above 101 above mean sea level;
(3) The relief requested. by this application is not directly
related to new construction.
Southold Town Board of Appeals -43- November 30, . 1.983 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3192
PROJECT NAME: LINDA MILLER FAULKNER
This notice is issued pursuant to Part 617 of the implementing
. regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board -determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or simildr.
project.
TYPE. OF ACTION: . [X]. Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION:. Area - and width variance for two
proposed parcels.
LOCATION. OF PROJECT:. . Town of Southold, County of Suffolk, more
particularly known as: West Creek Avenue, Cutchogue, NY.
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment. in the .short form has been
submitted which indicates that no. significdnt adverse effects to
the environment are likely to occur should this project. be imple-
mented as planned;
(2) The relief requested by. this application is ,not 'directly
related to new construction.
Southold. Town Board of Appeals -44- November 30, 1983 Regular Meeting
(Environmental Declarations, continued: )
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significance
APPEAL NO. : 3191
PROJECT NAME: RAYMOND E. CLEMPNER
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar.:
project.
TYPE OF ACTION: [X] Type II [ ] . Unlisted [ ]
DESCRIPTION OF ACTION: (1) Division of lot, each, half to
be merged with each abutting parcel on the north and south; (2)
accessory garagqe in the front/side yard areas.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: E/s Inlet Lane Extension, Greenport.
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely. to occur should this project be imple-
mented as planned;
(2) Proposed new construction (garage) is landward of existing
structures; .
(3) Creation of lot line as requested:.would enlarge existing
parcel on the north and existing parcel on the south, each with
existing one-family dwellings and would not permit additional
residential unit on either lot thereby not requiring additional
cesspool, etc.
Southold Town Board of Appeals -45- November 30, 1983 Regular Meeting
(Environmental Declarations, continued: )
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
REFERRALS TO COUNTY PLANNING COMMISSION: The following matters
are pending referral to the Suffolk County Planning Commission pursuant
to Sections 1323-, et seq. of the Suffolk County Charter:
(a) Appeal No. 3119 - WARREN AND ELLEN HUFE.
(b) Appeal No. 3120 - WARREN AND. ELLEN HUFE.
(c) Appeal No. 3139 - ROBERT W. GILLISPIE, III and others
(d) Appeal No. 3181 - ROBERT A. CELIC.
(e) Appeal No. 3180 - NICK AND ANNA ANDRIOTIS.
(f) Appeal No. 3186 - JOHN C. DILLER.
(g) Appeal No. 3185 - SUFFOLK COUNTY NATIONAL BANK.
(h) Appeal No. 3188 - RI.CHARD JARZOMBEK. for, RAYMOND PLUSCHAU.
(i) . Appeal No. 3169 - MR. AND MRS. RALPH MERRILL.
(j) Appeal No. .. 3007 - NORMAN J. MURRAY.
The secretary shall refer copies of the entire file of each
of the above applications to the Suffolk County Planning Commission
in accordance :therewith.
Being there was no other business properly coming before the
board at this time, the Chairman declared the meeting adjourned.
The meeting adjourned at approximately 10: 55 p.m.
Respectfully submitted,
i da F. 2�ski, Secre-terry
Southold Town Board of Appeals
proved - GERARD P. OEHRINGER
1/ /0 /84 CHAIRMAN
--J
RECEIVED AND FILED BY
TIME SOUTHOLD TOWN CLERK
DATE / /f/�� HOUR
Town Clerk, Town,.,of. Southo