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HomeMy WebLinkAboutZBA-09/25/1975 Southolcl Town Board of Appeals $OUTHOLD, L. i., N.y. 119~71 T~lephon¢ 7dS-~d~0 APPEAL BOARD MEMBER Robert '~'. Oillispie, Jr., Chairman Robert Bergen Charles Gri~onis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T E S Southold Town Board of Appeals September 25, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, September 25, 1975 at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr.; Serge Doyen, Jr. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman; Mr. William Y. Terry, Jr. PUBLIC HEARING: Appeal No. 2074 - 7:30 P.M. :~T.) upon application of Wickham & Lark a/c Karl & Sop 27 Sunny St. James, New York for a variance in with the Zoning Article III, Section 10 I. and Bulk 280A Town Law, for permission to divide property with reduced frontage on Main Road, and for approval'of access to one lot. Location of prop side Main Road, Southold, New York, bounded on y Main. Road (Route 25) & L. Wilkinson; east by G. Ni~kles; south by F~ Woodward; west by Cox, Burns, Brester. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publi~stion in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -2- September 25, 1975 THE CHAIRMAN: The survey indicates that the lot runs south from Main Road, 244.19 feet east of Town Harbor Road, and the proposed division would create two lots, one of which would be 49,972 sq. ft. and the other would be 41,000 sq. ft. A right of way would be created for the entire length of the road lot. The width of lots is approximately 145 feet at the center and 80 feet on the Main Road, as you go into the property from Main Road. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD LARK, ESQ.: You have pretty well stated the case. It is primarily an application under 280A of Town Law. I have nothing more to add, the application is self-explanatory. Mr. and Mrs. Lanzer are here to answer any questions the Board might wish to ask. THE CHAIRMAN: Are you going to sell one of these lots? MR. LANZER: Each lot will have a one family dwelling. We will build on the first lot. MR. BERGEN: Who is going to maintain the right of way? THE CHAIRMAN: It will be a part of your property. MR. LANZER: I will maintain it. MR. LARK: That's the way it's set up; Van Tuyl set it up. Any home would be set back at the width of the lot. They will maintain the right of way. THE CHAIRMAN: The right of way will have to be improved by the removal of topsoil which will be replaced by bankrun and approved by the Building Inspector. It will have to be cleared to a width of 15 feet for the passage of emergency vehicles. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with reduced frontage on Main Road, and also requests approval of access to interior lot. The Board finds that the property consists of more than two acres. After the proposed division each lot would have more than 40,000 sq. ft. Adjoining lots on the west are smaller than the proposed lots. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -3- September 25, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the O~dinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Karl & Sophie Lanzer, 27 Sunny Road, St. James, N. Y. be~GRANTED permission to divide property on Main Road, Southold, New York, as applied for; and be GRANTED approval of access to lot which does not front on a public highway, subject to the following conditions~ 1. That topsoil be removed from the right of way and replaced with bankrun to a width of 15 feet to insure ~he passage of emergency vehicles. 2. The granting of this variance by the Southold Town Board of Appeals shall be subject to the approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2075 - 7:45 P.M. (E.D.S.T.~ upon application of Herbert W. Wells, Jr., Wells Pontiac- Cadillac Inc., Route 25, Peconic, New York for a special ex- ception in accQrdance with the Zoning Ordinance, Articles VI and III, Section 100-60 C (3) and 100-30-C (6) (f) for per- mission to erect second ground sign. Location of property: Route 25, Peconic, New York, bounded on the north by L. Gozelski; east by L. Gozelski; south by Main Road (Route 25); west by Peconic Lane. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: We have talked to Mr. Wells and persuaded him that the Board would not be amenable to a second ground sign. Southold Town Board of Appeals -4- September 25, 1975 MR. HERBERT W. WELLS, JR.: I would like to have a second ground sign as I do not care to deface the building. I understand that you do not allow second ground signs so I will go along with your suggeztion that it could be put on the roof. It would solve a problem° THE CHAIRMAN: We have had more than one sign on a post but the over-all size can not be more than 81 sq. ft. The problem is that Mr. Wells has purchased a 4' x 10' illuminated Subaru sign and needs a place to locate it. MR. WELLS: We have a franchise but if we don't erect a sign we will not get the 1976 vehicles. THE CHAIRMAN: We have suggested that he put it three to four feet above the mansard roof. If you wanted a wall sign on Peconic Lane or Route 25 in order to preserve the beauty of the mansard roof you would surrender your right to a sign on the roof. MR. ~ELLS: I think a wall sign would deface the building so if I could erect a sign on the roof I would like to do that, and I am sure it would be okay with Subaru. THE CHAIRMAN: This is a 4' sign so if you have a variance for 2 1/2 more feet, it should suffice. MR. WELLS: That would give me 6" above the roof. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applican~ requests permission to erect second ground sign on Route 25, Peoonic, New York. The Board has suggested that in lieu of a ground sign (second ground signs are not permitted) that applicant be permitted to erect a roof s~gn with a height variance of 2 .1/2 feet. Applicant has agreed to this suggestion. The Board also finds that applicant needs a sign in order to obtain a franchise to sell Subarus. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property or adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -5- September 25, 1975 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Herbert W. Wells, Jr., Wells Pontiac-Cadillac, Inc., Route 25, Peconic, New York be GRANTED permission to erect a 4' x 10' illuminated Subaru roof sign on building located on Route 25, Peconic, New York, with a height variance of 2 1/2 feet, subject to the following conditions: 1. That applicant forego his right to wall signs on the building. 2. That the sign shall not extend outside of the lower edge of the mansard roof. 3. That this sign is subject to all rules and regulations governing signs in the Town of Southold. That this permission of the So~thold Town Board of Appeals is subject to the approval of the Suffolk County Planning Commission. Vote of the Board: Grigonist Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 2076 - 8:10 P.M. (E.D.S.T.) upon application of Earl D. and Margaret N. Templeton, Peconic Bay Boulevard, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: south side of Peconic Bay Blvd., Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by now or formerly F. Russell; south by Peconic Bay; west by now or formerly Potdevin. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE C~AIRMAN: The property in question has approximately 597 feet on the westerly dimension, 108 feet of road frontage on Peconic Bay-Blvd.; and 1~5 feet on the tied line of Peconic Bay. The property is not a~ right angles to Peconic Bay. Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -6- September 25, 1975 MR. EARL D. TEMPLETON: I would like to have a variance as the file stipulates. I would like to be able to offsr it to my son so he could have a residence on the same property. It.would make Transfer of Title a lot easier at a later date. THE CHAIRMAN: I notice on the County map that this is 1.2 acres. The width of it seems to be 82 feet, or is it 90 feet? MR. TEMPLETON: I have never checked it at right angles. I have just gone by the survey. I could go back deeper, further south. THE CHAIRMAN: Where do you propose to divide it? MR. TEMPLETON: I propose, on the east side, to have a 15 foot driveway which is there now.., an asphalt driveway which is on the extreme easterly side. Then, I can go south as much as 125 feet or more, if it is required. THE CHAIRMAN: I think 82 feet in width is about right. MR. TEMPLETON: Unfortunately, when those properties were laid out, they were laid out on the old eleven o'clock survey. They are all that way. (The Chairman asked what an eleven o'clock survey is. Mr. Templeton explained that Deke Young, who comes from three or four ~enerations of surveyors, gave a talk at Rotary and his subject was surveying. He brought his equipment, a tripod and two screw eyes. They go to the east and west borders of the property and put a pole straight in the air and at eleven o'clock they take a shot of the sun going down that line, and by the time they go from one side to the other, they have the figure). THE CHAIRMAN: There is a lot similarly divided on the other Side Of the street. Also, across the street, there are eight undersized lots. Additionally, on the east, there are twelve lots on the same side of the street which are under- sized, and they are 160 feet away. So, I think this application deserves favorable consideration from the standpoint of the surrounding area. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -7- September 25, 1975 THE CHAIRMAN: Would you tell us again how you propose to divide this lot. You have 588 feet on the easterly line. MR. TEMPLETON: We have a circular driveway further south. 125 feet to 150 feet would be acceptable. The circular driveway just clears the tool shed that I have. (The Board and Mr. Templeton discussed the measurements on the survey). THE CHAIRMAN: This distance here looks to be 513 feet... 150 feet would only be about One-fifth of the lot. It would not be enough. I don't think we can avoid the circular driveway entirely. I think we would want to go 250 feet. We are considering the area of the right of way in terms of your lot. The right of way will belong to the new lot. You will have to have an easement to get in and out. MR. TEMPLETON: I would hate to have to get permission to blacktop the driveway. THE CHAIRMAN: We are giving you the right to divide this p~operty so you can transfer tit~ to your son. I believe the right of way sort of wanders around a little; it would be difficult to have you own 15 feet that wandered through the first lot. It would have to go with the first lot. You can reserve the right to use it; your lawyer can arrange it. When you have a new survey made, please bring us a copy for our files. THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient frontage and area on the south side of Peconic Bay Blvd., Laurel, New York. The findings of the Board are that there are many properties of less than 40,000 sq. ft. in the surrounding area. The Board agrees with ~he reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -8- September 25, 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Earl DI and Margaret N. Templeton, Peconic Bay Boulevard, Laurel, New York be GRANTED permission to divide property with insufficient frontage and area located on the south side of Peconic Bay Boulevard, Laurel, New York, as applied for, subject to division of property as follows: The Board agrees to grant permission to applicant to divide lot using an easterly dimension of 250 feet. Startinq at the northeast corner of the property running southerly 256 feet, then westerly at right angles intersecting the westerly line of the property, then northerly to the northwest corner of the property, then 108.08 feet along Peconic Bay Boulevard, to point of beginning. The right of way to belong to the new lot fronting on Peconic Bay Boulevard. This application is also subject to the approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2077 - 8:30 P.M. (E.D.S.T.) upon application of Susanna S. Doyle, Madeline Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: north side of Madeline Avenue, Fishers Island, New York, bounded on the north by H. Zabahonski; east by L. Boyd; south by Madeline Avenue; west by E. Puscarz. Fee paid $15.001 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes tc speak for this application? (There was no response.) RICHARD CRON, ESQ.: I am here for Corwin & Glickman, Attorneys, who represent Mr. Puscarz. We are opposed to a variance. Southold Town Board of Appeals -9- September 25, 1975 The Chairman read the following letters which are in the file,~Appeal No. 2077: September 16, 1974 - Letter to Mr. Puscarz from Mr. Howard Terry, Building Inspector. October 7, 1974 - Letter to Mr. Puscarz from Mr. George Fisher, Building Inspector. Received October 9, 1974 - Letter from Mr. Puscarz to Mr. Terry. July 1, 1975 - Letter from Mr. Puscarz to Mr. Terry. July 10, 1975 - Letter to Fir. Puscarz from Mr. Terry. July 10; 1975 Letter.to Susanna B. Doyle from Mr. Terry. August 8, 1975 - Memo from Stanley S. Corwln to Board of Appeals. August 23, 1975 - Letter from Lily West, neighbor of Susanna Doyle. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. EUGENE PUSCARZ: My property is on the left hand side of the Doyle property. Mr. Doyle accuses me of trimming his hedges. One year his tenants tried to get a car in the drive- way but they could not because it was so overgrown. That Fall he saw clippings and said that I did it. The hedge in the back is even with the ridge board which is 15 feet high. The vehicles are not mine, they belong to Middleton who works for the Power Company. The registered boats belong to young Middleton. He can't repair them under water. THE CHAIRMAN: I don't think that eliminates you from consideration. I believe we have been into this same type of question before. We don't want to eliminate fishermen. MR. PUSCARZ: Mr. Cron said one of the reasons for a Board of Appeals iS if a Town Ordinance creates a hardship. I don't see why this one house should have a hedge higher than 6'6" that is untrimmed. It grows wild. He might come out in September and trim it. He doesn't have a ladder. Maybe he'll borrow one from me. T-HE CHAIRMAN: Does anyone else wish to speak against this application? Southold Town Board of Appeal~ -10- September 25~ i~75 RICHARD CRON, ESQo: As I indicated before I am appearing for Corwin & Gl~ckman who represent Mr. Puscar. This Board has been through this area of variance before. THE CHAI4~MAN: Not very often on this type of thing. MR. CRON: This falls in the category of area variance. I assume that the Southold Town Ordinance in regulating heights dealing with fences and hedges is doing so for a dual purpose; for aesthetic and privacy reasons, and for the safety of the general-public. Since it is an area variance, hardship does not apply and uniqueness is not shown. There is no practical difficulty but it does impose a slight restriction. However, there is really no basis to determine that there is any practical difficulty. The reason for the appeal is that it will give them some privacy. Even with a 6 1/2 foot height of hedge they should have a degreee of privacy there. Without the Ordinance the hedges could grow to 20 feet high. I don't see any basis where the applicant says to this Board that they are entitled to relief. THE CHAIRMAN: People disagree about a lot of things in- cluding the height of hedges. Some people like high hedges. Look at the Hamptons, they must have a different type of Ordinance. MR. CRON: They have to comply with what the law requires. They have to show some real practical difficulty. I don't think they have done it. THE CHAIRMAN: I agree with your reasoning. There also a safety factor. MRS. PUSCARZ: We have to back out of our driveway and I almost had a very bad accident. You can't see and there is a lot of traffic there. THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to maintain hedge over maximum height in front, side and rear yards of property located on the nOrth side of Madeline Avenue, Fishers Island, N. Y. The findings of the Board are that the untrimmed hedges are a hazard to the general public and do not conform to the Southold Town Zoning Ordinance. Southo'ld To~n Board of Appeals -11- September 25, 1975 The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Susanna S. Doyle, Madeline Avenue, Fishers Island, New York be DENIED permission to maintain hedge over maximum height in front, side and rear yards of property located on the north side of Madeline Avenue, Fishers Island, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded hy Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated September 4, 1975 be approved as submitted subject to minor correction. ' Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Decision on Appeal No. 2078, Philip & Natalie Pavia, Midland Parkway, Southold, N. Y. was postponed until later in the evening as there was no one present to speak for or against the application. (Hearing scheduled for 8:45 P.M.) PUBLIC HEARING: Appeal No. 20~9 - 9:00 P.M. (E.D.S.T.) upon application of Paul K. and Thelma W. Daland, 186 Willow Terrace Lane, Orient, N. Y. fo~ a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to erect accessory building in front yard area. Location of property: 186 Willow Terrace Lane, Orient, N. Y., bounded on the north by Cooper & Others; east by R.O.W. and Willow Terrace Sub.; south by P. Frey & Wf.; west by Orient Harbor. Fee paid $15.00. Southold Town Board of Appeals -12- September 25, 1975 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Board discussed the location and dimensions of the proposed accessory building. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. PERCY WALLEN: I am Mr. Paul Daland's brother-in,law and I am here to speak in favor of the application. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect accessory building in front yard area, 186 Willow Terrace Lane, Orient, New York. The Board agrees with the reasoning of the applicant and finds that the property across the street has no access opposite applicant's property. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardshipncreated is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Grigonis, It was RESOLVED, Paul K. and Thelma W. Daland, 186 Willow Terrace Lane~ Orient, New York be GRANTED Permission to erect accessory building in front yard area at 186 Willow Terrace Lane, Orient, New York, as applied for, subject to the following condition: 1. That the accessory building shall be 8 feet from the right of way and 10 feet from the side line adjoining Frey's property, as shown on sketch. 2.Subject. to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse, Doyen. Southold Town Board of Appeals -13- September 25, 1975 PUBLIC HEARING: Appeal No. 2080 - 9:15 P.M. (E.D.S.T.) upon application of Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in front yard area. Location of property: cor. Fox Avenue, Equestrian Ave. & Pvt. Rd., Fishers Island, No Y., bounded on the north by Private Road to Manson House Cottage; on the east by Equestrian Avenue,; south by Fox Avenue; west by D. Auchincloss. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notmce of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (.There was no response.) THE CHAIRMAN: This property is surrounded by front yards. The only side yard is to the north on a private road. The proposal is to use one of the front yards for an accessory building. (Mr. Serge Doyen submitted pictures of the property). THE CHAIRMAN: It seems to be the most logical place to locate an accessory building. It doesn't.cut off the view of the three roads that surround it. The legal backyard is prac- tically non-existent. THE CHAIRMAN: Is there a~yone present who wishes to speak against this application? (There was no response.) After inves~iqation and inspection the Board finds that applicant requests Permission to locate accessory building mn front yard area at corners of Fox Avenue, Equestrian Avenue and Private Road, Fishers Island, N. Y. The findings of the Board are that this is the most logical place to locate an accessory building as the legal backyard is practically non- existent and it will not cut off anyone's view. The Board finds that it is an unusual hardship to have three front yards. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -14- September 25, 1975 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Hulse, it was RESOLVED, Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut be GRANTED permission to locate accessory building in front yard area at corners of Fox Avenue, Equestrian Avenue and Private Road, Fishers Island, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2081 - 9:25 P.M. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Mihnehaha Boulevard, Southold, New York, bounded on the north by Minnehaha Boulevard; east by G. Berge; south by Ertock & Catan; west by Newman. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: A survey accompanies the application indi- cating the location of the lots in question, $'s 72, 73 and 74. They all face north on Minnehaha Boulevard and Mr. Aldrich has a home on Lot $ 73 and part of $ 72. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER TERRY, JR., ESQ.: I appear in behalf of Mr. Henry M. Aldrich. I would call your attention to the fact that houses in the area, adjacent and across the street, have similar or smaller size plots. I think this would not alter the character of the neighborhood. Southold Town Board of Appeals -15- September 25, 1975 THE CHAIRMAN: We have a photostat of the County map of this area and there are literally dozens of lots of similar or smaller size. Is this an old filed map? MR. TERRY: Yes. Originally it was filed without desig- nation of lots. I think he just filed a map and sold off lots as people wanted to buy. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area on Minnehaha Boulevard, Southold, New York. The findings of the Board are that there are dozens of lots of similar or smaller size in the area. The Board finds that Lot 47 will be improved by the addition of 40 feet. It will be used to enlarge the plot and not for building. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all p~operties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigon~s, seconded by Mr. Hulse, it was RESOLVED, Henry M. Aldrich, Minnehaha Boulevard, Southold, New York be GRANTED permission to divide property with insufficient width and area on Minnehaha Boulevard, Southold, as applied for. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2078 - 8:45 P.M. (E,D.S.T.) upon application of Mr. and Mrs. Philip Pavia, Midland Parkway, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to use residence with insufficient setback. Location of property: Lot 1, Seawood Acres, Midland Parkway, Southold, New York. Fee paid $15.00. Southold Town Board of Appeals -16- September 25, 1975 The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There'was no response.) THE CHAIRMAN: The depth of the lot is approximately 311 feet with a road frontage of approximately 165 feet. There is a low barn and a high barn on the property. The applicant wishes to use the low barn as a residence. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to use residence (barn) with insufficient setback, Lot No. 1, Seawood Acres, Midland Parkway, Southold, New York. The findings of the Board are that applicant has over an acre of property, adjoining lots are much smaller, their neighbors Seiling and Sullivan are 300 feet and 500 feet distant from them. The low barn is more centrally located on the property than the high barn and is not as close to Lots 2 and 3. The existing building (barn) has been improved with redwood siding. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical~difficulty or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighb, orhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED, Mr. and Mrs. Philip Pavia, Midland Parkway, Southold, New York be GRANTED permission to use residence (barn) with insufficient setback, Lot 1, Seawood Acres, Midland Parkway, Southold, N. Y., as applied for. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -17- September 25, 1975 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.), Thursday, October 16, 1975, at the Town Office, Main Road, Southold, New York, as the next regular meeting of the Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Four (4) Sign ~enewals were reviewed and approved as submitted. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.D.S.T.) , October 16, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition on front of dwelling which will reduce front yard setback. Location of property: South side Shore Road, Greenport, New York, bounded on the north by Shore Road; east by L. Stevenson; south by Peconic Bay (Pipes Cove); west by R. Rengifo. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 7:45 P.M. (E.D.S.T.), October 16, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Ida May Hutton, 1500 Leeton Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: North side Leeton Drive, Southold, New York, bounded on the north by L. I. Sound; east by G. Marchese; south by Leeton Drive; west by R. White. Vote of the Boar~: Ayes:-~Messrs: ~illispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -18- September 25, 1975 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.D.S.T.), October 16, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over 18 feet in height. Location of property: South side Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Griqonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), October 16, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Herbert & Catharine Lindtvei~, 634 Adams Place, West Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100,32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road ~t2. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. //~P~0V E~ Res ectfull submitted ' :-5 ' ' ~:! : ¢ MaTj~ri~ McDermott, Secretary Robert W. Gil.lispie., Jr., Chairman