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HomeMy WebLinkAboutZBA-07/24/1975 APPEAL BOARD MEMB~'R Robert W. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Sei'ge Doyen, Jr. [red Hulse, Jr. Town oard of Appeals SOUTHOLD, l, I,, N, Y, t19~1 Telephone 765-26t50 M I N'U T'ES Southold Town Board of Appeals July 24, 1975 A regular meeting of the Southold Town Board of Appeals was held ~t 7:30 P.M. (E~D.S.T.), Thursday, July 24, 1975, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr. Also present: Sherley Katz, Long Island Traveler- Mattltuck Watchman. 7:30 P...M. (E.D.S.T.i, St. No. 1771. A p~blic hear: May 24,. 1973, b-nd which time ~one of may review this app ts was "that %he ] Df the eal as date of July 28, 1975: "The Board of Appeals reviewed your file at a regular meeting held on July 24, 1975. We would appreciate receiving Southold Town Board of from you a review of you was granted on July 3, certain limitations and ~peals -2- July 24, 1975 r activities since your application 973. At that time the Board set restrictions. When our Building I~spector, Mr. Hindermann, stopped by Genesis House at 4:05 P~M. on July 24th, he found that the outside stairs on the east side coming from the large dormitory have not as ye covered that one cover c should be replaced." PUBLIC HEARING: upon application of Rudc New York for a variance Article III, Section~10C to divide lot with insuf property: Bunny Lane, t been repaired. He also dis- f cesspools is breaking up and oeal No. 2062 - 7:90 P.M. (E.D.S.T~), lph Rom, Bunny Lane, New Suffolk, in accordance with the Zoning Ordinance, -30~and Bulk Schedule for permission ficient width and area. Location of ew Suffolk, N. Y. , bounded on the north by-F. Swiatocha & Wf; on the east by G. Grathwohl & S. Maysyn; on the south by L. De Martini; on the west by Bunny Lane. Fee paid $]5.00. The Chairman opened tion for a variance, leg attesting to its publics notice to the applicant THE CHAIRMAN: The Bunny Lane. The present of this lot is 40 feet survey, the two lots to the hearing by reading the applica- al notice of hearing, affidavits tion in the official newspapers, and lot to be divided has 200 feet on house which is on the northerly portion rom Bunny Lane. According to the be created would be approximately 20,000 sq. ft. each. W~ also have a photostat of the County Tax Map which indicates that the lot in question (28) is surrounded by mostly smsller lots. The ones adjoining to the south and north are both 100' x 200'; two lots further south are also 100' x 2( some lots which are 95~ THE CHAIRMAN: Is speak for this applicatJ ('Mrs. Rudolph Rom for the application). 0'; across the street going west are x 187' here anyone present who wishes to on? ~dicated she was present to speak THE CHAIRMAN: Did you buy two lots at the same time? MRS. ROM: No. Southold T own Board of Appea. MRS. ROM: What is the m~ THE CHAIRMAN: 40,000 sq started out with an Ordinance 100' x 125' July 24, 1975 _nimum size of a lot now? ft. When we originally the minimum tot size was THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) 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 lot with insufficient width and area. The findings of the Board are that the tWo lots to be created would be approximately 20,000 sq. ft~ each and would be surrounded by lots of a similar or smaller size. The present house which is on the northerly portion of this lot is 40 feet from Bunny Lane. 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 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. Giltispie, seconded by Mr. Bergen, it was RESOLVED, Rudolph Rom, Bunny Lane, New Suffolk, New York, be GRANTED permission to divide property, as applied for, subject to the following conditions: That the lOts shall be divided at a point 1D0 .feet corner. ~The lot line dividing the two lots shall be parallel to the north and south lines of the property ending at a point which is similarly an equal distance from the northeast and southeast corners; creating two lots which are approximately 100' x 200' each. Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen, Hutse. Southold Town Board of Appeals -4- July 24, 1975 Mr. Edward Kowalski of Manhanset Avenue, Greenport, asked to speak as he thought that the previous application of Rudolph Rom was a similar situation to one at Manhanset Avenue. He stated that the people next door to him have a 70 foot lot and are set back 35 feet. He said that he realizes that he is at fault because he did not read the paper containing the legal notice. Mr. Kowalski stated that the man next to him has a 10 foot side yard allowance and has 35 feet in the front yard, and the zoning laws call for 50 feet. THE CHAIRMAN: This is a lot that was in single and separate ownership prior to any zoning laws. MR. KOWALSKI: When you do something like this you should let the neighbors know. That's why I am here to object. THE CHAIRMAN: The requirement now is that ne±qhbors be notified by Certified Mail. MR. KOWALSKI: The lot is not b~ildable. THE CHAIRMAN: Almost any lot is buildable. ~ MR. KOWALSKI: I could see where the variance pertains to the house. I am only here to voice my opinion. THE CHAIRMAN: The original Ordinance called for 10 foot and 15 foot sideyards and could be reduced by the Building Inspector by as much as 50%. Even now, the Building In- spector can reduce it by 25%. Now lots have to be 150 feet wide which allows much more room for side yards. MR. KOWALSKI: It's not even a lot, it's against the law. If it calls for a variance the neighbors should be notified. THE CHAIRMAN: Since that application the Ordinance has been amended so that neighbors must be notified by Certified Mail. PUBLIC HEARING: Appeal No. 2063 8:05 P.M. (E.D.S.T.) upon application of Pond Enterprises~ Inc., d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30'B (6f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Atiano, Peconic, New York, bounded on the north by Middle Road (CR 27); on the east by J. Krupski; on the south by Long Island Railroad; on the west by B. Appleby. Fee paid $15.00. Southold Town Board of Appeal~ ~Ju!y 24, 1.975 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: There is a note in the file from Nicholas Aliano granting permission to Pond Enterprises, Inc. d/b/a Beachcomber Motel, to loc4te sign on hls property at Middle Road between Krupski and Appleby. This application was also sent to the Suffolk County Planning Commission. The Planning Commission indicated that their reply should not be construed as either approgal or disapproval and stated that "a limitation on the number of directional signs for each business establishment should be considered." THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes.to speak against this application? (There was no response. I THE CHAIRMAN: I would like to speak against it. The applicant has four signs in Cutchogue, one in Mattituck, one in Greenport; two signs are at the key turn-off point of Depot Lane and County Road 27. After investigation and inspection ~ Board finds that applicant requests permission to erect off-p~emises directional sign on property of Nicholas Aliano, Peconic, New.York.. The findings °f the Board are that applicant has sufficien~ signs toiio~te this ehterprise. They are as follows: ProPerty of John Krupski, north side ?f Oregon Road, Cutchogue;~property of Gabri~ K0us°Uros, at intersection o~ Middle Road (CR 27) and'Sound Avenue, Ma~titu~k; property of now or formerly P. Matwie~CzYk on the sOuth side of Middle Road (CR 27) and west side o.f ~epot Lane, CutchOgue; corner of vista Lane & Depot Lane, Cutc~ogue; north side of CountY Road (CR 27) (northwest corner) & Depot Lane, Cutchogue; property of Nicholas Atiano, Greenport. The Board finds that any'further signs would create unnecessary visual pollution of this area. The Board finds that the public convenience and welfare and justice will not be served and the legally estabIished or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not he observed. Southold Town Board of Appeals July 24, 1975 On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York, be DENIED permission to erect off premises directional sign on property of Nicholas Aliano, Peconic, New York, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEARING: Appeal No. 2064 - 8:15 P.M. (E.D.S.Ti) upon application of Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Aliano, Southold, New York, bounded on the north by Town of Southold & I. C. Latham; on the east by I. C. Latham & R. Bayley; south by Middle Road (CR 27); west by Thomas Morris & Ors. 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: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: There is a note in the file from Nicholas Aliano granting permission to Pond Enterprises, Inc. d/b/a Beachcomber Motel, to locate sign on his property on CR 27 between Hodgins & Charnews. This application was also sent to the Suffolk County Planning Commission. The Planning Commission indicated that their reply 'should not be construed as either approval or disapproval and stated that "a limitation on the number of directional signs for each business establishment should be considered." Southold Town Board of Appeals -7- July 24, 1975 After investigation and InspeCtion the Board finds that applicant requests permission to erect off premises directional sign on property of'Nicholas Aliano, Southold, New York. The findings of the Board are that applicant has sufficient signs to locate this enterprise. They are as follows: Property of John Krupski, north side of Oregon Road, Cutchogue; property of Gabriel Kousouros, at intersection of Middle Road (CR27) and Sound Avenue, Mattituck; property of now or formerly P. Matwieczyk on the south side of Middle Road (CR27) and west side of Depot Lane, Cutchogue; corner of Vista Place & Depot Lane, Cutchogue; north side of County Road (CR 27) (northwest corner) & Depot Lane, Cutchogue; property of Nicholas Aliano, Greenport~ The Board finds that any further signs would create unnecessary visual pollution of this area. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York, be DENIED permission to erect off premises directional sign on property of Nicholas Aliano, Southold, New York, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEARING: ~ppeal No. 2065 - 8' .30 P.M. (E.D.S,T.) upon applicati0n of Step~en F. Griffing, Jr., Esq~ a/c Anna Loria, First Street, New Suffolk, New York for a.varlance in accordance with the Zoning Ordln~nce, Article III., Section 100-30 for permission to use land for parking. Location of property: East side First Street, New Suffolk, N. Y., bounded ~n %he ~orth by A. Levesque & Wf.; on.the east by Peconic BaY; south by now or formerly A. Wood; west by First Str.eet. 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. Southold Town Board of Appeals -8- July 24, 1975 THE CHAIRMAN: The application was sent to the Suffolk County Planning Commission for their recommendation. The Commission considers this to be a matter for local determination. There is also a letter in the file from the Town Clerk stating~ that adjoining neighbors have been notified. The application is accompanied by a Van Tuyl survey dated March 4, 1964 indicating that the lot in question, which has been bulkheaded, has approximately 100 feet on First Street and approximately 100 feet on Peconic Bay;.'51 feet at the northerly end of the plot and approximately 71 feet at the southerly end of the plot. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? STEPHEN F. GRIFFING, SR., ESQ.: I represent the Lorias and I believe the application covers everything. THE CHAIRMAN: You made an application to the Board once before. June 29, 1972 was the date of the action of the Board. This application involved the construction Of a freezer building. It reads as follows: "THEREFORE IT WAS RESOLVED, Joan R. Wood, Kings Park, New York, and Salvatore and Philip Loria, New Suffolk, New. York, be GRANTED permission to reinstate non-conforming use on property located on the east side of First Street, New Suffolk, New York, subject to the following conditions: 1. Permission is granted for use of premises for public parking. 2. Permission is granted for construction of a freezer building. Building Shall be no larger than 12 feet x 16 feet. Freezer shall be moved from present location on applicant's residential property~to premises under application by September 1, 1972. 3. Permission is granted for storage of applicant's boats and motors on premises and ancillary equipment of fishing business. Vote of the Board: 'Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse." MR. GRIFFING: That was the Wood piece. Across the street is a fishing station. THE CHAIRMAN: There is an old building there. MR. LORIA: That building should be taken down. We have a lease. Southold Town Board of Appeals -9- Julys24, 1975 THE CHAIRMAN: Is that the building for freezer storage? MR. LORIA: That's another building. MRS. ANNA LORIA: You gave us permission to put a freezer on the property but we never did. The building was in good shape. THE CHAIRMAN: As I recall, there were a lot of people from New Suffolk objecting to a variance on this. MRS. ANNA LORIA: They objected to putting a freezer in a garage, and we had to get Mrs. Wood to give us a paper okaying this. THE CHAIRMAN: -The Civic Association was happy about the parking which helped to relieve traffic conditions. MRS. LORIA: If there are one or two cars parked outside, people always come to us to say "there is a car parked outside". MR. LORIA: We have 53 boats. THE CHAIRMAN: How many parking spaces do you need? MR. LORIA: One car per boat. THE CHAIRMAN: How many spaces do you think you could acquire here? MR. LORIA: That would give me about 10 to 15 extra cars. THE CHAIRMAN: Based on the formula of 350 sq. ft. per car. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MRS. JULIA LEVESQUE: We adjoin to the north.. Is that residential? MRS. LORIA: The fishing station is non-conforming. MRS. LEVESQUE: The fishing station parking lot is agood size. We have windows from one end of the house to the other and we have to look at a parking lot. While people are there, they clean out their cars. THE CHAIRMAN: I think, if this were granted, that there should be a buffer zone, some sort of screening that would protect you. All this area here is residential. MRS. LEVESQUE: I don't want to look at a parking lot. Southold Town Board of Appeal~ ~10- July 24, 1975 MR. TOM FLURRY: I was a partner in a fishing station, Captain Tom's. I had parking and I had 40 boats. Captain Marty's had 25 to 30 boats. We did not have trouble about parking. THE CHAIRMAN: That is not what the Civic Association said. MR. FLURRY: The Civic Asseclat~on does not want to hear that Jackson Street is a public road. That's the nature of a Civic Association. I have seen what happens to the fishing stations. At three or four o~clock in the morning there are drunks opening up cars; they use cars for urinals. It sounds good when somebody says 'this or that' but it doesn't work out that way. I am a taxpayer who pays premium taxes. Parking is the Town Board's~problem~ I want premium performance from the Boards. Outsiders can come in and do anything they want. I travel 100 miles a day to go to work. If I wanted to live off parking lots I weuld move to the city. I want to maintain the area, not destroy it. If people want to buy something, they can buy. a house and live in it but don~t park cars. MR. GRIFFING: Did Mrs. Levesque acquire her property before or after the fishing station? THE CHAIRMAN: This property is noted as Okody on the map. The question is when did you acquire the property? MRS. LEVESQUE: Last year. THE CHAIRMAN: It!s single family use. It .was two famil~ but now you are using ±t .as a single family residence. How big is your house? MRS. LEVESQUE: It.covers the whole area. MR. GRIFFING: The point I am making is that tkere is a fishing business in the area. MR. LORIA: She did rent her apartment downstairs. She had a tenant. They had several cars that they parked on the property and I never said anything. Now that I want to park my cars in there, there seems to be a discrepancy. If I have cars in the street Mr. Flurry will be No. 1 to complain that I should get my cars off the street. He sang'a different tune when he ~ a fiShing station of ~is own. It's turned around when he thinks I am in the wrong and what he did years ago was in the right. MR. FLURRY: I started a fisk~ng station before zoning was in; I parked cars on the lot. Captain Marry conducted his Southold Town Board of Appeals July 24, 1975 business in the street, at the end of the street where his boats were. You don't use Town property for business purposes. My cars were parked in that lot, we had boats in that lot and cars. Marty's station had to do it because he had 30' x 80'. He was parking in the streets and running his business off the streets. I made an objection because if somebody got hurt such as tripping over an anchor, they could sue the Town. MR. GRIFFING: Mr. Flurry has eloquently stated the case for why we need parking. THE CHAIRMAN: The Town Board has never been able to resolve this. MR. FLURRY: Why should they have parking at the expense of the taxpayer? MR. PHILIP LORIA (son): The chances are that this property will only be used on Saturday~ It~may only be for a couple of months to keep the cars off tke street. We haYe gone to a lot of expense to clean up the property. We are doing ~t for one reason, to make our place look n~ce, to keep it neat. We don't want any trouble with anybody. THE CHAIRMAN: I would like to ask a question about inter- mittant use of the lot for parking area, is this the way you want it? MR. P. LORIA: Probably not. In the month of May we are busy and some days we might need it. I would not want to be held down. Before that there was only a short footage to the s~reet, everything from the Bay drifted' in. There was an old car there, all cut up. We cleaned it up and intend to keep our business clean. We don't want any trouble. We wont to a lot of expense to keep this neat. MR. FLURRY: They do keep the' place clean but they will have an awfully hard time with their customers. MR. P. LORIA: We have facilities, wo have a men'sroom and a ladies room. If anything like Mr. Flurry~ays~w~ll h~p~en, what can I say? I can advi~e my customers. We h~v~ .the' faC~i~ti~s open all day and all night. It would not have to be one of my customers who would do something like that, it could be anyone from the town. We wili keep our place clean. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was Southold Town Board of .Appeals -12- July 24, 1975 RESOLVED that the Southold Town Board of Appeals reserve decision on Appeal No. 2065, Stephen F. Griffing, Jr., Esq. a/c Anna Loria, First Street, New Suffolk, New York until 7:30 P.M., August 14, 1975. Vote of the Board: Ayes:- Messrs: Gillispie, Berqen, Hulse. APPEAL NO. 2066 - 8:45 P.M. (E.D.S.T.), upon application of Twin Fork Fence Co. a/c Digate Concrete Products, Inc., Sound Avenue, Mattituck, New York - for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 as it applies to Article VIII, for permission to construct 6 foot cyclone fence (excessive height for front yard). Location of property: S/S Hummel Ave. & Boisseau Avenue, Southold, N. Y., bounded on the north by Hummel Avenue; east by Boisseau Avenue; south by Long Island Railroad; west by Southold Lumber Co., Inc. 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: Is there anyone present who wishes to speak for this application? MRS. STEPHEN J. PERRIC0NE: I am here to speak for it. THE CHAIRMAN: You wish this chain link fence to enclose a storage area. MRS. PERRICONE: Yes, just the area that they are going to use as storage as shown on the sketch. THE CHAIRM~N: Is there anyone present who wishes to speak against this application? (There was no response.) After investiqation and inspection the Board finds %ha% applicant requests permission to construct six foot .cyclone fence (excessive height for front yard) on property located on the south side of Hummel Avenue & Boisseau Avenue, $outh~ld, New York. The findings of the Board are that a six foot fence is needed, for security for the storage of parts. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -.t3~ July 24, 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 sa/ne 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. Bergen, seconded by Mr. Hulse, it was RESOLVED, Twin Fork Fence Co. a/e Digate Concrete Products, Inc., Sound Avenue, Mattituck, New York, be GRANTED permission to construct 6 foot cyclone fence , as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC HEARING: Appeal No. 2067 - 8:55 P.M. (E.D.S.T.) upon application of Gary. F. Olsen, Esq. a/c John McFeely, 44 Dorchester Road, Rockville Centre, N. Y. 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: S/S Peconic Bay Blvd., Laurel, N. Y., bounded on thelnorth by Peconic Bay Blvd., east by John Rozansky; south by Peconic Bay; west by Rosin & Liquori. 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: Originally, the application showed 97,000 sq. ft., the figures didn't jibe. That has been changed to read "77,000 sq. ft." THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GARY FLANNER OLSEN, ESQ.: I represent John McFeely. THE CHAIRMAN: Have you made any application to the Department of Environmental Conservation? MR. OLSEN: No, I have not but if that is required by this Board I will do so. There is a house on there now and there are no wetlands so I can't imagine it being denied by D.E.C. I can get something from them in a couple of weeks. THE CHAIRMAN: We can make a decision, subject to. A decision has to be made within 60 days. A photostat of the County TaxMap indicates that the adjoining property to the east is a narrow lot and the lots to the west are all either the same size or smaller Southold Town Board of Appeals -14- July 24, 1975 than the proposed lots. If you 9o further west than that you find a lot of smaller lots. Across the street there are four lots similar in size. MR. GARY OLSEN: As I indicated in the application, the total area of the property can be divided to almost-meet the 80,000 sq, ft. requirement. We have 77,000 sq. ft. so the spirit of the Ordinance would be upheld. I also have a copy of the tax map indicating that subject premises is oversized in comparison with the properties surrounding it. Ht~would create two parcels which would be a~most 40,000 sq. ft. each. This property, historically, was two pieces. There was property on Peconlc Bay Boulevard with a right of way to the beach. This reflected on the tax map. That small piece and t~he larger.parcel have been taken by the same owner. They have not been kept in single and separate ownership. We just want two large pieces, 39,000 sq. ft. and 38,000 sq~ ftc, and presently it is the intention of my client to move the house to the westerly portion, or parcel, if it's movable. There is a fireplace in it. Maybe the house will have to be destroyed. He would like to build a new house on the easterly piece. There is plenty of frontage and density. THE CHAIRMAN: Is there anMone else who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. McGOWAN: I own the adjoining property to the west and I want to register an objection. The building referred to here is a shell and is strictly a rental. We have had difficulty with the tenants. The proposal is to move it closer. It-would depreciate my property, the house is up on blocks. I have no objection to the division of the property but I do object to having the house moved closer. The purpose of this house is for rentals. THE. CHAIRMAN: The purpose of this application is for division of property. Are they going to sell these lots? MR. OLSEN: I don't think their plans are firmed up. He wants to divide and have a saleable parcel. MR. McGOWAN: It's obvious that it would still be a rental. Southold Town Board -of Appeals July 24, 1975 THE CHAIRMAN: Maybe they will tear it down. MR. ROSIN: Mr. Liquori and myself are on the west. We split the expenses on beack and bulkheading. One of the factors is if he should move that house it would be on a section Where there is badly damaged bulkheading. If he has any intentions of selling this, in the meantime there would be some time elapsing and that whole thing could be wiped out. MR. McGOWAN: We are low. We have had 10 feet of water in the house in 1969. We repaired our house. ~That house was never repaired. There was a storm in 1969 and it broke the bulkheading. He is going to be a new neighbor. I can guarantee you that that house will be a rental. MR.-OLSEN: I represent the purchaser. The property ~s o%rned by the Estate of Leonard 1 ~' ~ ~ P eckav~c~us. MR. McGOWAN: THE CHAIRMAN: Department. What about wells and cesspools? That is under the jurisdiction of the Health THE CHAIRMAN~ Are there any other questions? (There was no response.) After investigation and inspection the .Board finds that applicant requests permission to divide property with n ~ · ~ sufficient width and area on the south side of Pecon±c Bay Boulevard, Laurel, N.Y. The findings ~of the Board are that applicant is surrounded by properties of smaller size and the variance requested is less than 5% of the required 40,000 sq. ft~ The Board agrees with the reasoning of the applicant. T~he Board finds that strict appticationcof the Ordinance would produce practical difficulties or unnecessary hardshiP; the hardship, created is unique and wo~ld not be ~shared by all properties alike in the immediate v~¢ln~ty' ' of this property and in the same use district; and the variance witl not change the character of the neighborhood, and will observe the splr~t of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, ~t~was RESOLVED, Gary F. Ols.en, Esq. a/c John'McFeely, .44 Dorchester Road, Rockville Centre, N. Y~ be ~RANTED permission to divide property, as applied for, subject to the following conditions: Southold Town Board of Appeals -16- July 24, 1975 That the present residence which is located partially on both of the lots to be created by this action shall be either moved to a proper location, under the Zoning Ordinance, or abolished. That this approval of the Board of Appeals shall be subject to Department of Environmental~Conservation approval. Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen, Hulseo Gary Olsen, Esq. and Mr. Brian Sheehan had a discussion with the Board With respect to the keeping of large ~nimals. Mr~ Olsen said that Mr. Sheehan i~ ~o~tempiating' ~ur~h~'sing property from the Adel'minor subdivision ~n the' n~w.~oad ~' opposite Mattituck Manor. He onty wmnts to purchasei'the property if it can be used as a mini farm with animals. Mr. Sheehan said that he would like to put a house up and raise a few head of cattle, and perhaps some chickens and a few plgslor goats. He would like to be f~irly self~sufficient with animals and a garden. He said he is from Southampton and i~ a teacher but a frustrated farmer. He has raised chickens and pigs and has enjoyed doing that. He said he and his family would like to live here and be as self-sufficient as possible. He would commute to Southampton to teach. Mr. Olsen sa~d that it appears a person would be Permitted tbs proposed uses. would'be permitted under acc it's not being used as a farm. His house w0uld'h so this would be accessory use. He seemed tO feel that it would be permitted as accessory use. If he wore having a farm he would need 10 acres but with a house there, he can~do it. However, I don't want to tell Mr~ Sheehan that he can do it untilLI have an opinion from the Board." THE CHAIRMAN: This would be non-commercial, just for your own use? MR. SHEEHAN: Yes. Southold Town Board of Appeals -17- July 24, 1975 THE CHAIRMAN: I believe you are permitted two horses on 40,000 sq. ft.; each half acre is permitted one more horse so you are inferring that the same would apply to other large animals. MR~ OLSEN: This question is going to come up more and more as the Planning Board is encouraging large lots. THE CHAIRMAN: kre you going to buy this whole piece of property? MR. SHEEHAN: I would like to buy three and a half acres. MR. OLSEN: This is being done now as~long as it's kept clean but I would like to have some assurance. MR. ROBERT BERGEN: THE CHAIRMAN: MR. SHEEHAN: THE CHAIRMAN: some fencing. You may have to have a b. uffsr zone. I think pigs would be the least offensive. They are surprisingly clean. If you had goats, you would have to have MR. SHEEHAN: I was thinking of~.a couple of steers, chickens and pigs. I would not be interested in milk cows because there are only four of us. I would have liked to stay in Southampton but restrictions are too strict. T~ey will not give any variance. Animal husbandry is-not in zoning at all. In order to apply for a variance you must have five acres and even if you meet all the restrictions it will be turned down. MR. OLSEN: Accessory Uses, 100-25, states you can have horses and domestic animals providing no building for them is closer than 50 feet to any lot line. It seems to imply you can have them as an accessory use. Housing is where the barn is, the animal could graze up to the lot line. The Town is en- couraging large lots and the purpose Mr. Sheehan wants this for is what other people will want. THE CHAIRMAN: Was this advertised as a mini-estate? MR. OLSEN: I think there are about four minor subdivisions. They won't go that well unless people can have some domestic animals. THE CHAIRMAN: What is a domestic animal? MR. OLSEN: Any animal that .is not wild... ~horses, cows, sheep, steer, goats, pigs, rabbits. THE CHAIRMAN: We will try to establish what you can do. I think we understand the problem. Southold Town Board of Appeals -18- July 24, 1975 MR. SHEEHAN: I want a couple of steers; a couple of pigs; and a couple of rabbits, which are household pets. THE CHAIRMAN: One of the problems would be buffer zones and fences. MR. OLSEN: It would seem to me to be a good thing to keep the area agricultural. THE CHAIRMAN: We wilt study this and let you know. PUBLIC HEARING: Appeal No. 2068 - 9:10 P.M. (E.D.S.T.) upon application of Dorothy M. White, Inlet Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 and Bulk Schedule for permission to construct addition with insufficient setback (front yard). Location of property: Inlet Drive and Sound Beach Drive, Map of Captain Kidd, Lot 65 and part of 66, Mattituck, N. Y. 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: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) finds that sufficient setback (front yard) at Inlet Sound~ Beach DriVe, Mattituck, New York'. The f~ndings o~f the Board are that the deck will be-on the north s~de of the h~use and will be 20 feet wide. Applicant's house is 32 feet from Sound Beach Drive which dead-ends at the adjoining lot to the east; it has two front yards, one of which is on Inlet Drive, and one on Sound Beach Drive. The Board finds that there will be no development across the way from this house. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -19- July 24, 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. Bergen, seconded by Mr. Gillispie, it was RESOLVED, Dorothy M. White, Inlet ~rive, Mattituck, New York, be GRANTED permission to construct addition with in- sufficient setback (front yard), as applied for. Vote of the Board: Ayes:- MeSsrs: Gillispie, Bergen, Hulse. The Board read and discussed letter written by-Mr. Edward Hindermann, Building Inspector, dated July 11, 1975, ~ch was addressed to Town Board, Town of $outhold (with copies to Town Attorney, Planning Board and Appeals Board. TAe letter directed the attention of the various Boards to "an increase of illegal signs being placed along State and County h~ghways within the Town of Southold and repeated instances where advertising signs are being placed on vehicles or are attached to vehicles Which are left-parked for long periods of time at various locations on the public higkWays witkin the Town. The Chairman directed the secretary to write a letter to the Town Bo~d (with copies to the Town Attorney and the Planning Boardi) agreeing with the recommendation of Mr.~Hindermann that the p~esent sign regulations, Zoninc Chanter 100 Town of Southold, ~ ~ ~ ~ ' be amended to include the two sections taken from the Town of Southampton's sign regulation, as follows: "No sign other than a sign erected by a.governmentaI agency Shall be erected or placed within the right of way lines of a public street and any such sign ~ay. be removed by the Building Inspector without notice to the owner." "Temporary or permanent signs resting on, or attached to vehicles, shall not be used as a means to circumvent the provisions of this Ordinance." The Board of Appeals agrees that these amendments should be adopted as soon as possible. Southold To~n Board of Appeals July 24, 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the mznutes of the Southeld Town Board of Appeals dated July 3, 1975 be approved, as submitted subject to manor correction. Vote of the Board': Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals shall be held at 7:30 P.M. (E,D.S.T.), Thursday, August 14, 1975, at the Town Office, Main Road, Southold, N. Y. Vote of the Board: Ayes:- Messrs: Gitlispie, Bergen, Hulse. Nineteen (19) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals GRANT permission to the G.T.G. American Legion Auxiliary to put up posters for their Antique Flea Market to be held on August 9, 1975, rain date August 10th, subject to the following condition: That the posters may be displayed for two weeks before the event and shall be removed within one week after the event. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals GRANT permission to the United Methodist Church of Greenport to display one sign near the traffic circle at Main Street-& North Road, and one on the main road near Chapel Lane (Mud La.) advertising the 17th Annual Antique Show to be held on August 7th and August 8th, 1975, subject to the following condition: Southold Town Board of Appeals -21- July 24, 1975 That the posters may be displayed two weeks prior to the event and shall be removed within one week after the event. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals GRANT permission to the Mattituck Gun Club, Inc. to display adver- tising posters for their annual Turkey Shoot, subject to the following condition: That the posters may be displayed for two weeks prior to the event, and shall be removed w±thin one week after the event. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On mo~ion by Mr. Gillispie, seconded by Mr. Bergen, i% was RESOLVED that the Southold Town Board of Appeals GRANT permission to Oyster Ponds Chemical Co., Orient Fire Department, Orient, N. Y. to display posters for their 17th Annual Chicken Barbecue to be held on August 16, 1975, subject to the followihg condition: That the posters may' be displayed for two ~eeks prior to the event, and shall be removed w~%h±n one week after the event. Vote of the Board: Ayes:- Messrs: Gillispie., Bergen, Hutse. Southold Town Board of Appeals -22- July 24, 1975 On motion by Mr. Bergen; seconded by Mr. Gillispie, it was RESOLVED that the Southold Town BOard of Appeals set 7:50 P.M. (E.D.S.T.), August 14, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: North s±de of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive, west by R. Waddington. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set ~...~?~'~ 8:00 P.M. (E.D.S.T.), August 14, 1975, at the Town Office, Mai~ Road, Southold, New York, as the time and place of hearing upon application of Muriel A. Nielsen, Birch Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access. Location of property: East side Kenneys Road, S-uthold, New York, bounded on the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheeler; west by John Pierre. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. On motion by Mr. Hulse, seconded by Mr. Bergen, it.was RESOLVED-that the Southold Town Board of Appeals set 8:15 ~.) upon application of Gary F. Olsen, Esq. a, ~, Jr. and Alice M. Carr, Maratooka R~ad, · k ~or a variance in accordance With ~h~ Zoning , Article' III~ Se6. 100-31 and Bulk SchedUle to divide premises with ~nsufficient width and area. Location of pro~er'ty: Maratooka ROAD, Mattituck, New York, bounded on the n~rth ~y J. ~amilton; east by T. Darsaklis; south by other ~and of applicant; West by Maratooka Road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. Southold Town Board of Appeals -23- July 24, 1975 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:25 P.M. (E.D.S.T.), August 14, 1975, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George and Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area° Location of property: N/S Oriental Avenue, Fishers Island, New York, bounded on the north by O. Horn; east by O. Horn & Ano. ; south by Oriental Avenue; west by R.O.W. - Thurrott/Emmot. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. Respectfully submitted, ~ ~rjo~e McDermott, Secretary Chairman ~ Robert W. Gillispie, Jr., Chairman