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HomeMy WebLinkAboutZBA-07/03/1975 Southold Town oard of Appeals SOUTHOLD, L, I., N.Y. 1195'1 ]-¢lcphon¢ 765-P660 APPEAL BOARD MEMBER Robert W. Gilllspi¢, Jr., Chair~an Robert Bergen Charles Grisonis~ Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T' ES Southold Town Board of Appeals July 3, 1975 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, July 3, 1975, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Fred Hulse, Jr. Also present: Sherley Katz, Long Island Traveler- Mattituck Watchman. ~7:30 P.M. (E~D.S.T.), Luka Picinic, Appeal NOo 2049. A pubi~c hearing was held on this appeal at 8:00 .P~M~, June 12, "I~5 at which time decision was reserved ur ht's meeting. Our decisions, contrary to many made in public but not for the purpose of itional testimony. We will be glad to answer the decision has bee~ made. Ordinarily we our decision on the s~e night as the public hearing was held but in view of what seemed to be outright carelessness in locating this building, we felt that further investigation with Counsel was needed. However, based on recent court decisions, particularly.on area variances, this would be _thrown out of court on appeal. One of the duties and obligations of this Board is to make decisions that will stand up in court in our favor in all respects. We have been debating for a long time-the questio~ of "when is a line not a line?" but the courts hold that the burden of Southold Town Board of Appeals -2- July 3, 1975 proof is on the Town of Southold. This area variance was caused by carelessness in~ locating the foundation. In the case of a minor violation we would have to show the courts exactly what the hardship to the Town would be. This amounts to less than ~% total area of the lot and, at the time this building was commenced, the minimum side yard was stipulated as 10 feet. Accordingly, I will offer a motion granting the application as applied for. Af~ter investigatio~ and inspection the Board finds that applicant requests permission to retain foundation with i~Sufficient side Nard at Beachwood Lane, Southold, N.Y. The findings of the Board are that at the time this lot was created 10 feet was a minimum side yard. The variance amounts to less than 1% of the lot. At the time the Building Department made a foundation inspection the error in locating the foundation was discovered~ The Board has found that based on recent court decisions a denial by this Board would not be upheld in court on appeal. As one of the duties and obligations of the Appeals Board. is to make decisions that will stand up in court, the Board feels that this area variance should he granted° 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. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Luka Picinic, 33-48 29th Street, Long Island City, New York be GRANTED permission to retain foundation with insufficient side yard, as applied for, at Beachwood Lane, Southold, N. Y., Map of Southwood, Lot NO. 17. Vote of the Board: Ayes:- Messrs: Gillispie, Gr±gonis, Hulse. THE CHAIRS~N: I know that all of you people who have attended tonight to hear our decision on Appeal NO. 2049, Luka Picinic, were looking for an unfavorable decision. At this time, I will be glad to answer any of your questions. Southold Town Board of Appeals -3- July 3, 1975 MR. ROBERT H. CHILTON: I am the next door. neighbor. What right does the Appeals Board have to grant something that is against the law in respect to the position of the building? Everyone else in the development did what is right. THE CHAIRMAN: I don't know that I have time to go into State law but the way the Board of Appeals is set up it is understood that the Zoning Ordinance can be varied when there is a hardship or when it is impossible to conform. MR. CHILTON: Does this apply here? THE CHAIPJ~AN: This particularly applies in the Town of South01d. Many of our variances are due to hardship created by pre-existing lots, These lots existed prior to the current Zoning Ordinance. If this lot existed prior to 1957 it would have even greater rights. Single and separate ownership prior to 1957 allowed the Building Inspector to grant a 25% reduction without coming to this Board. I realize it is hard to understand the rationale. Before recent court decisions we made people move their buildings. The courts just won't support this on an area variance. MR. JAMES RUGGLES: What we want to know now is whether our ASSociation as a group wants to take further action. THE CHAIRMAN: We have made our decision. It is a directed decision because of couru precedent. MR. CHILTON: Can you show me that there are some sort of extenuating circumstances? THE CHAIRMAN: If you want to appeal this decision you can do it within 30 days of the signing of this action. The action will be signed on July 24th so you will have 30 days after that. From our experience, if this were denied, it would be thrown out of cou~t. MRS. RUGGLES: I know there are four brothers going in there. They are blood related. THE CHAIRMAN: We are just talking about the side yard. Anything else is irrelevant. Mr. Picinic, do you want to say anything? MR. LUKA PICINIC: The sub=contractor put the foundation in wrong. Southold Town Board of Appeals July 3, 1975 THE CHAIRMAN: We have foundation inspections and we thought that would help us. Last year we put in the re- quirement for a foundation inspection. It'occurred to me that we might have a foundation footing inspection but-that wouldn't help us either. At-this time, I believe we have answered all the questions we have time' for tonight. 7:45 P.M. (E.D.S.T.) Appeal NO. 2041, Paradise Aqua Farms. At a public hearing on May 22nd a de~ision on this appeal was postponed for approval of the Department of Environmental Conservation and the Suffolk County Planning Commission. Both Boards have approved this petition. D.E.C. states "Your petition for a Tidal Wetlands Moratorium Permit has been reviewed by this office. As a result, we have determined that construction of approx. 300' of chain link fence south from Reydon Harbor bulkhead, Southold, N. Y. will have no adverse effect upon adjacent tidal wetlands. The Suffolk County Planning Commission states ~that this is "considered to be a matter for local determination" THE CHAIRMAN: The proposal is to erect, according to the sketck~ approximately 800 feet of fencing in the front yard asea ~hich is well back from the road, 850 feet of fencing on the Wesiterly boundary supplemented by additional fencing to the water line. _ration and inspection the Board finds ~ requests permission to construct fencing in ~s of four foot front yard height. The purpose of this fencing is to prevent vandalism of their valuable aqua f~rming.., seed oysters, clams, shellfish. The permitted front ~ard~eight of four feet is not sufficient to protect this property. 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. Southold Town Board of Appeals -5- July 3, 1975 On motion by Mr. Gillispie, seconded by. Mr. Grigonis, it was RESOLVED, Paradise Aqua Farms be GRANTED permission to construct fencing in excess of four foot front yard height on property located: right of way off north side North Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2022 - 8:00 P.M. (E~D.S~T.) upon application of Philip J. Ofrias, Jr., Esq. a/c Harvey Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance witk the Zoning Ordinance, Article Vi.i, Section 100-70.B (4) for permission to build and operate automobile repair (Body) shop. Location of property: N/S Main Road, Laurel Dist. #11, Mattituck Post Office, New York, bounded on the north by J. ~O'Connell; east by A. Goodale; south by Main Road; west by ~. O'Connell. Fee paid $ 15. The Chairman opened tke hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publicati0n in the official newspapers, and notice to the applicant. THE CHAIRMAN: A letter in the file from the Town Clerk indicates that proper notification was made by Registered Mail_ to adjacent property owners. The application is accompanied by a sketch indicating the lot is irregularly shaped with respect to this alignment to the road which is not vertical; it is horizontal to Main Road. The lot is approximately 186' deep, 195' wide, 95' on the northerly boundary, and 100' on the north side of Main Road. The previous h~story of this application is voluminous. Does anyone wish to speak for this application? Perhaps Mr. Ofrias could explain it for us. Are you merely asking for a deletion of Condition No. 6? PHILIP J. OFRIAS, JR., ESQ..: We are looking for a special exception such as was granted on August 1, 19.74. One of the c~nditions, at that time, was that we could not conduct a business within 300 feet of a residential area. I believe tkat further on we filed an application for an amendment and we got a variance from that Condition. How- ever, we got an opinion from the Town Attorney that you can Southold Town Board of Appeals -64 July 3, 1975 not have a variance to a special exception. Subsequent to all of that the 300 foot requirement has been deleted from the Ordinance. Basically, we are back where we were. We are looking for the same relief we received on August 1, 1974 with the deletion of the 300 foot requirement. THE CHAIRMAN: In other words, if we repeat the action of August 1, 1974 and delete Condition $6 that would satisfy you. MR. OFRIAS: Yes, that would satisfy us. THE CHAIRMAN: There were a couple of variance applications for side yards which were denied. MR. OFRIAS: We did receive a side yard variance whereby we were to leave 25 feet on one side and 10 feet on the other side. With these requirements we could put the building parallel to the sidelines of the property but not parallel to the road. We then came back and asked to be reheard so we could make the building parallel to the road. I believe we were turned down on that. THE CHAIRMAN: At a public hearing on November 14, 1974 the decision was postponed to December 5, 1974. At that time the action of the Board was: "After investigation and inspection the Board finds that applicant requests permission to construct Body Shop on property with insufficient side lines located on the north side of Main Road (Laurel Dist. $11), New York. The findings of the Board are that this is a self-imposed hardship. Applicant states that he wants to impose a 60' x 60' building on this site. The Board in a previous application has granted diminution of sideyards. The request in this application would further diminish the sideyards." "THEREFORE IT WAS RESOLVED, Harvey Bagshaw, Deephole Drive, Mattituck, New York be DENIED permission to construct Body Shop on property with insufficient sidelines, as applied for." MR. OFRIAS: I believe that sideyards call for 10 feet on the west and 25 feet on the east. We can live with that. Our purpose was to make the building parallel to the road. We thought it would be aesthetically more pleasant. THE CHAIRMAN: As I understand it, our action should read The szme as that of August 1, 1974 except that Condition No. 6 shall be deleted. Is that what you want? MR. OFRIAS: Yes. Southold Town Board of Appeals -7- July 3, 1975 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? MR. ANDREW E. GOODALE: The passing of Local Law No. 2 has effectively removed and eliminated the procedures whereby I could object. I have had some dialogue with Mr. Bagshaw and he indicated he was not interested in~ harming his neighbors and doing any harm to the area. On that basis the only avenue I would have would be to question the constitutionality of Local Law No. 2. I question the statement that no harm would come to adjoining neighbors as there will be noise particularly in the area adjoining my property where there is an open door. I would object to that. I can't object to 300 feet from a residential area because that has been removed. I would ask Mr. Bagshaw to orient the building so the side yard is on the west. MR. HARVEY BAGSHAW: Last Fall I tried to purchase a small triangular piece of property to the west which would ena~ble me to move the building completely away from Mr. Goodale. It was okay with the owner because I would not take any road frontage from him. He said he would sell it to me if Mr. Goodale's nephew would relinquish that piece. So, I can't purchase it until the lease expires. I have the building as far away from Mr. Goodate as I can. He is worried about noise from the driveway. There would be a min'imum amount of traffic, it's located as far west as possible and it would have been further west. MR. GOODALE: I have no connection with whatever my nephew does. THE CHAIRMAN: You don't own that property? MR. GOODALE: No. That's Mr. O'Connell's property. In the event that Fogarty's lease expires maybe Mr. O'Connsll will consider something else~ By locating where he has Mr. Bagshaw would preclude himself from opening it up. That's for him to decide. The option would remain open by putting the driveway on the westerly side. That's his decision to make. Southold Town Board of Appeals -8- July 3, 1975 THE CHAIRMAN: It seems to me that your building is used for ~esidential purposes and for an electrical contracting business. It was our feeling to ha~e the building as far away from your building as possible. Twenty-five feet is maximum. MR. GOODALE: Except the door will be directly opposite me. MR. OFRIAS: The largest door is to the rear. MR. BAGSHAW: I would like to have small doors on the side for cross ventilation. MR. GOODALE: The breeze is southwesterly when the doors are open. You will not get cross ventilation by having the doors on the east. Prevailing winds are generally south= westerly in the summer. MR. BAGSHAW: I doubt very much if the noise will bother anybody. MR. GOODALE: ObvioUsly, you are going to have doors open in the summer. THE CHAIRMAN: We have discussed this before and I think we should make a decision on what we have discussed tonight. MR. GOODALE: The location is such that there will be cars being brought in at all hours of the day or night. I am sure that when those cars are brought in the police have to make an investigation. MR. OFRIAE: If I might say, there is not much reason for complaint when you put a residential building or .dwelling in a Business area. You are complaining about adjoining neighbors using it as a Business zoned area. MR. GOODALE: I went in with the~idea: of upgrading the area. I felt that the neighbors on the 0the~ s~e-~wou~d not want that. I am not objecting per se because in S0uth01d Town we don't have sufficient zones to pigeon-hole. If we had more zones it might be that this would be relegated elsewhere. MR. OFRIAS: I don't want to belabor it. Mr. Zaweski is here. About three or four years ago Mr. Goodale'wanted to lease the~building from Mr,. Zaweski for a Body Shop. MR. GOODALE: I deny that. Southold Town Board of Appeals -9- July 3, 1975 THE CHAIRMAN: This is a "B-i" Business District. It is a permitted use. It has been studied by the Suffolk County Planning Commission and our own Planning Board and all agree that this is a proper location. What Mr. Goodale says is correct, in some towns they have six, seven or eight different Business zones. Someone is always asking to do it where~iit is not permitted. In this case, I think the man wa~ts to go to work. I suggest that this Board has no objectiQn. THE CHAIRMAN: Is there anyone else present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to build and operate an automobile body repair shop on the north side of Main Road, Laurel School Dist. 911, Mattituck Post Office, New York. The findings of the Board are that this is a favorable location for this type of operation as it is bounded by industrial property-on the north and west and business property to the east, and across the street there is a gas station. The Board agrees with the reasoning of the applicant. The-Board finds that the public_convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Giltispie, seconded by Mr. Hulse, it was RESOLVED, Harvey Bagshaw, Deep Hole Drive, MattituCk, New York be GRANTED permission to ~uild and operate an automobile body repair shop on the north side of Main Road, Laurel School District 911, Mattituck Post Office', New York, as applied for~ subj~ct~to the following conditions: Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and'shall be located not less than 10 feet from any property line, and shall be so laid out as to avoid the necessity o~ny vehicle backing out across any right of way. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. Southold To~n Board of Appeals -10- July 3, 1975 e Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. No gasoline or fuel pumps or tanks shall be located less than 15 feet from any street or property line. The building shall be located no closer than 35 feet to the front property line on Main Road. The building shall be located no closer than 25 feet to the easterly side line. The building shall be located no closer than 10 feet to the westerly side line. Vote of the Board: Hulse. Ayes:- Messrs: Gillispie, Grigonis, P~BLIC HEARING: Appeal No. 2055 ~ 8:20 P.~. (E.D.S.T.} upon application of saint Peter's Lutheran Chur~ck, Main Road, G~eenport, New York for a special exceptionin accordance with the Zoning Ordinance, Article VII, Section 100-70 B (2) for permission to hold German Festival. Location of property: Town park between Route 25 and Old Main Road, Greenport, bounded on the north by other property of applicant; east by Village of Greenport & Old Main Road; south by Main Road (ROute 25)~; west by now or former~ly William Price. Fee paid $ 15. The Chairman opened the hearing byreading, the application for a special exception, legal notiCe of hearing; affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals ~11- July 3, 1975 THE CHAIRMAN: I understand that the Town Board gave permission to St. Peter's Lutheran Church to use this property subject to obtaining all the necessary permits and fulfilling all the necessary requirements. 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.) MR. CHARLES GRIGONIS: They had about 5,000 people attending the last time the German Festival wasYheld. THE CHAIRMAN: One of the first things that strikes me is that St. Peter!s Lutheran Church has caused to be erected two banners, one aclross Route 25 opposite the theatre, and another on Route 27A Slightly east of the Nursing Home. They have been asked by what right they are displaying these banners. This use of banners has been denied to anyone else in the Town of Southold. I, personally, don!t see why the Lutheran churck or any other Church should have privileges that are denied to everyone else in Town. After investigation and inspection the Board finds that applicant irequests permission to hold German Festival at Town Park between Route 25 and Old Main Road, Greenport, New York. St. Peter's Lutheran Church will have tents, food, beer, amusements for children, etc. The Fair will be open from 4 P.M. until midnight. The BOard feels that a prerrequi~site of granting this appeal should be the removal of banners.that cross Route 25 opposite the theatre, and Route 27A slightly east of the Nursing Home. This use of banners has beenldenied to everyone else in the Town of Southold. The Board agrees with the reason- ing of the applicant subject to conditions. The Board finds that the public convenience and ~welfare and justice Will be served and the legally established or permitted use of neiqhborhood property and adjoining use districts will not b~ permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals -12- July 3, 1975 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Saint Peter's Lutheran Church, Main Road, Greenport, New York be GRANTED permission to hold German Festival on July 12, 1975, 4:00 P.M. until 12:00 Midnight, at the Town Park between Route 25 and The Old Main Road, east of Chapel Lane, Greenport, New York, as applied for, subject to the following conditions: 1. That the applicant shall furnish traffic supervision. 2. That the applicant shall provide for offstreet parking for all prospective customers. 3. That the applicant shall furnisk temporary sanitary facilities subject to Board of Health approval. 4. That banners crossing Route 25 opposite the theatre and Route 27A slightly east of the Nursing Home be removed by Tuesday midnight, July 8, 1975. · 5. That the entire property including the park shall be cleaned up by July 1~, 1975. Vote of the BoarS: A~es:~ Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2057 - 8:30 P.M. (E,D~S.T.) upon application of Chester Orlo~ski a/c EleanOr Kirkup, Hallock Lane, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate garage in front yard area, Location of property: Hallock Lane, Mattituck, bounded on the north by Long Island Sound; east by Mary Jonathan; south by R.O.W~ (Reeve & Dickerson); west by Reeve Estate. Fee paid $ 15. 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? MR. CHESTER ORLOWSKI: We moved the house back. THE CHAIRMAN: On this sketch it looks as if half of it is over the bank. MR. ORLOWSKI: That big bulkhead took out a lot of property. It's 95 feet to the water. THE CHAIRMAN: Can anyone swim there? Southold Town Board of Appeals -13- July 3, 1975 MR. ORLOWSKI: I can't see anyone swimming there. It's full of rocks. THE CHAIRMAN: How far did you move this house? MR. ORLOWSKI: Several hundred feet, about 300 feet, the lot is 600 feet deep. The house was just about on the edge of it. We moved it 100 feet from the right of way. THE CHAIRMAN: Is there anyone presen~ who wishes to speak against this appl±cation? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to locate ~arage in front yard area, Hallock Lane, Mattituck, New York. The findings of the Board are that this garage will be in the front yard area but due to Sound bluff erosion this location of the accessory building will comply with policies enunciated by the Town 'Board and the Planning Board. Also adjoining property owners have garages in the front yard area. 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 mo%ion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Chester Orlowskl a/c Eleanor Kirkup, Hallock Lane, Mattituck, N. Y. be GRANTED permission to locate ~arage in front yard area of Hallock Lane, Mattituck, New. York, as applied for. Vote of.the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Southold Town Board of Appeals -14~ ~uty 3, 1~975 PUBLIC HEARING: Appeal No. 2056 - 8:40 P.M. (E~D.S.T.) upon application of J. Randolph Ryan, South College, Wesleyan University, Middletown, Connecticut for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 100-32 for permission to rebuild garage with alterations. Location of property: east side Hedge Street, Fishers Island, N. Y.; bounded on the north by W. P. Wodell; east by West Harbor; south by T. Russell; west by Hedge Street. Fee paid $ 15. 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: The application is accompanied by notice that applicant haS notified his adjoining neighbors of this application for a variance. THE CHAIRMAN: The adjoining house also has a garage in the front yard area the same distance from the street as the applicant proposes. The applicant has furnished six sketches indicating that the garage is 20' x 20' without the bay window type additions. The present front line of this garage and the front line of the adjoining garage is 17 feet from Hedge Street. There is approximately 5 feet between these two garages. I heard from Mr. Serge Doyen tonight that several houses further up the road have garages which are right on the street. This is not unusual on Hedge Street. 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.) After investigation and inspection the Board finds that appliCant requests permission to on the east side of Hedge Street, , New York. The findings of the Board are that garages on HedGe Street are commonly in the front yard, many of them closSr to the street than the proposed garage. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -15- July 3, 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. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, J. Randolph Ryan, South College, Wesleyan Univer- sity, Middletown, Connecticut be GRANTED permission to rebuild garage with alterations, as applied for, on the east side of Hedge Street, Fishers Island, New York, subject to the follow- ing condition: That the garage may not include cooking facilities. Vote of the Board: Ayes:- Messrs: Gillisple, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2058 - 8:50 PiM. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Robert and Virginia K~o~el, Oaklawn Avenue, Sou~hold, New York for a variance in ~c¢ordance with the Zoning Ordinance, Article III, Se~ction 100~B0 for permission to divide lots With insufficient area. Location of property: Oaktawn Avenue - Jockey Creek Drive, Southold, bounded on the north by L. Baker; east by Oaklawn Avenue - Graves; south by Jockey Creek Drive - Graves; west by H. S. Arm. Fee paid $ 15. Tke Ckai~rman 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: The appl~cation is ac~ompaniedby a notice is ~ of the conveyancing done for Dr. Robert T. Kroepel in his purchase of three parcels of land, one on Oaklawn A~enue, two on Jockey Creek Drive which were made w~th the intention of providing him-with a home and dental office on Oaklawn A~enue and an additional lot on Jockey Creek Drive the purpose of which was for investment purposes - deposition signed by Lefferts P. Edson, Esq~ Southold Town Board of Appeals -16~ July 3, 1975 THE C~AIRMAN: The applicant attaches a survey which shows the proposed division. The new lot to be created would be approximately 31,500 sq. ft. An adjoining lot to the south is approximately the same size, maybe a little smaller. Across the street to the east there is a lot which is approximately one quarter acres; and across the street on Jockey Creek Drive there are several lots created which are under an acre.., further down the street the lots are basically a half acre, and to the west they are one quarter acre. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LEFFERTS P. EDSON, ESQ.: Dr. Kroepel and I are here to speak for it. THE CHAIRMAN: Did you buy this at a separate time? MR. EDSON: It represents three purchases. Da. KROEPEL: I bought two at one time and I purchased ~n additional piece to enlarge MR. EDSON: The mistake occurred because it was bought by Dro- Kroepel in his Mother's name at the time he went into the service, and then he bought a parcel on Jockey Creek Drive with his wife . When he went to the bank they made him change Title~ DR. KROEPEL: They were not bought~ at the same time. THE CHAIRMAN: IS there anyone present who wishes to speak against this application? (There was no response.) and inspection the Board finds that applican area on f lot to be created are larger than most other lots in the area. 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. Southold Town Board of Appeals -17- July 3, 1975 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Lefferts P. Edson, Esq. a/c Robert & Virginia Kroepel, Oaklawn Avenue, Southold, New York be GRANTED per- mission to divide lots with insufficient area on Oaklawn Avenue - Jockey Creek Drive, Southold, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2059 - 9:00 P.M.~ ~D.S.T.) upon application of Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchoque, New York for a speCial exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Aliano, Greenport, New York, bounded on the north by Main Road (Rte 25): east by Driftwood Cove (Damianos); south by L. I. R. R.; west by Fleet Lumber Co. Fee paid $ 15. 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: The County Planning Commission considers this to be a matter for local determination. The application is accomuanied by a letter from Nicholas Aliano dated June 18, 1975 as follows: "Permission is hereby granted to Pond Enterprises, Inc. d/b/a Beachcomber Motel to erect a sign on my property between Fleet Lumber & Dri-Gen Realty on Main Road, Greenport." 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: I think the applicant's statement that he has no signs on Route 25 is correct. Southold Town Board of Appeals -18- ~uly3, 1.975 After ~nvestigation and inspection the Board finds that applicant requests permission to erect off-premises directional sign on property of Nicholas Aliano, Greenport, New York. The findings of the Board are that applicant has no sign on Route 25, Southold, and no sign east of Depot Lane, Cutchogue' New York. The Board agrees with the reasoning of the applicant. This is a directional sign for services which are rendered to the traveling public. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Grigonis it was , RESOLVED, Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York be GRANTE.D permission to erect off-premises directional sign on property of Nicholas Aliano, Greenport, New York, as applied for, subject to the following conditions: 1. That the sign shall be "directional" only. 2. That this directional sign shall be no larger than 4' x 6'. e That this sign shall be no closer than 10 feet to any property line. That applicant cause to be mowed 50 feet of property bordering Route 25 on the south, twice a year - May or June and September or October. That this approval shall be subject to all the rules and regulations governing signs-in the Town of Southold. Vote of the Board: Ayes:- Messrs: Gillispie, Gr±gon±s Hulse. , Southold Town Board of Appeals -19- July 3, 1975 PUBLIC HEARING: Appeal No. 2061 - 9:15 P.M. (E%D.S.T.) upon application of Claire Bouffard d/b/a Briden Machine Corp., 645 Westphalia Road, Mattituck, New York for a variance in accordance w~th the Zonin~ Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear and side yards. Location of property: W/S Westphalia Road, Mattituck, bounded on the north by Wickham Avenue; east by F. Sineberg (North Fork Oil Heating Co.); south by G. L. Penney III; west by H. Charkow. Fee paid $ 15. 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: The application is accompanied'by a sketch indicating an existing buildinq of 30, X 60' located on a 75' wide lot with a depth of 148 f~et. The lot anqles to the west somewhat before joining the rear lot line-at the north- westerly corner. The whole area is about 12,000 sq. ft~ The applicant's building is about 5 feet from the present property line on the south side, 40 feet back from Westphalia Road. It is zoned "B-l". The proposed addition will be added to the rear leaving a 23 foot rear yard. There seems to be adequate parking. Their business is aero space parts. The variation of the total lot coverage would be about 5%. This proposal would use approximately 30% as against our new revised schedule which shows 25% lot coverage. I think this is a reasonable application. 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.) After investigation and inspection the .Board finds.that applicant requests perm~sslon to c - . onstruct add.lt~on wlt~ i~suff~cient rear and side yards. The findings of'the Board are ' that applicant is requesting a minimum increase in lot coverage beyond the: bulk regulation requirement which is 25%.- The pro- posed lot coverage would be approximately 30%. The Board finds that parking would be adequate. The Board agrees with the reason- ing of the applicant. Southold Town Board of Appeals July 3, 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Claire Bouffard d/b/a Briden Machine Corp., 645 Westphalia Road, Mattituck, New York be GRANTED permission to construct addition with insufficient side and rear yards on the west side of Westphalia Road, Mattituck, as applied for. Vote of the Board: Ayes:- Messrs: Gil.lispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2060 - 9:25 P.M. (E.D.S.T~) upon application of Clam Bar Restaurant, 104 Third Street, Greenport,~ New-York for a special exception in accordance with the ZDnin~ Ordinance, Article III, Section 100-30 C (6) (f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Aliano, Greenport, N. Y., bounded on the north by Main Road (Route 25); east by Driftwood Cove (Dam±anos); south by L.I.R.R.; west by Fleet Lumber Co. Fee paid $ 15. 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 received the recommendation of the Suffolk County Planning Commission which states that this is considered.to be a matter for local deto.rmina~ion, with the ~nde~standing that. the off premises directional sign is not to exceed 4' x 6'. THE CHAIRMAN: Is there anyone present who w±shes 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.) So~thold Town Board of Appeals July 3, 19.75 After investigation and inspection the Board finds that applicant requests permission to erect off-premises directional sign on property of Nicholas Aliano, Greenport, New York. The findings of the Board are that the Clam Bar Restaurant is on a dead-end street which is not heavily traveled. The Board agrees with the reasoning of the applicant. This is a directional sign for services which are rendered to the traveling public. The Board finds that the public convenience and welfare and justice will be served and the legally established er permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Clam Bar Restaurant, 104 Third Street, Greenport, New York be GRANTED permission to erect off-premlses directional sign on property of Nicholas Aliano, Greenport, New York, as applied for, subject to the following conditions: 1. That the sign shall be "directional, only. 2. That this directional sign shall be no larger than 4' x 6'. That this sign shall be no closer than 10' to any ~property line. That this approval shall be subject to aL1 the rules and regulations govern±ng signsin the Town of Southold. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Huise. On motion by Mr. Gitlispi.e, seconded by Mr. Grigon±s, it was RESOLVED ~ the minutes.of the Southold ~owR 'Board of Appealsto minor datedc0rre~ion.~he .12, 1975 be appr0ved· as snbmit~ed'subject Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Southold Town Board of Appeals -22~ July 3, 1~75 On motion by Mr. Grigonis~, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated June 24, 1975 be approved as submitted subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls Hulse. , On motion by Mr. Hulse, seconded by Mr. Grigonis,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, July 24, 1975, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Eleven (11) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Grigo~is, seconded by Mr. Gitlispie, it was RESOLVED that the Southold Town. Board of.Appeal~ set 7:50 P.M. (E.D.S.T.), July 24, 1975, at the T°w~ office, Main to divide lot with insufficient width and area. Location of property.:. Bunny Lane, New Suffolk, No Y. bounded on the north by F. Swiatocha & Wf.; on the east by G. Gra~thwohl & S. Maksyn; on the south by L. De Martini; on the west by Bunny Lane. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Southold Town Board of Appeals -23- July 3, 1975 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:05 P.M. (E.D.S.T.), July 24, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing 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, 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. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. Gr±gonis, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.D.S~T~), July 24, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchoguer 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 (CR27); west by Thomas Morris & Ors. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Grigonis, seconded.by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:3D P.M. (E.D.S.T.), July 24, 1975, at the ToWn .Office, Main Road, Southold, New York as .the time and place Of hearing upon application of Stephen F. Griffing, Jr., Esq. a/c Anna Loria, First Street, New Suffolk, New York for a~variance in accordance witk the Zoning Ordinance, Article III, Section 10G-30 for permission to use land for parking. Location of property: East side First Street, New Suffolk, N~ Y., bounded on the north by A. Levesque & Wf.; on the east by Peconic Bay; on the south by now or~ formerly A. Hood; west by First Street. Vote of the Board: Hulse. Ayes:- Messrs: Gillispie, Grigonis, Southold Town Board of Appeals -24- July 3, 1975 On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED THAT THE Southold Town Board of Appeals set 8:45 P.M. (E.D.S~T.), July 24, 1975, at the Town Office, Main Road, Southold,-New York as the time and place of hearing 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 Ave.; east by Boisseau Avenue; south by Long Island Railroad; west by Southold Lumber Co., Inc. Vote of the Board: Ayes:~ Messrs: Gillispie, Grigonis, Hulse. On motion by Mr. Hulse, seconded by Mr. G±lllspie, it was RESOLVED. that the Southold Town Board of Appeals set 8:55 P.M. (E.D.S.T.), July 24, 1975, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Gary P. Olsen, Esq. a/c John McFeeley, 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 the north by Peconic Bay Blvd.; east by John Roz~nsky; south by Peconic Bay; west by Rosin &-Liquori. Vote of the Board: Ayes:~ Messrs: G±!lispie, Grigonis,~ Hulse. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board o~.~ppeals set 9:10 P~M. (E~D.S.T.), July 24, 1975, at the To~ office, Hain Road, Southold, New York, as the time and place of hearing upon application of Dorothy M. White, Inlet Drive, Mattituck, N. Y. for a variance in accordance with the Zoning O~dinance, Article III, Section 100-33 & Bulk Schedule~fQr permission to construct addition with insufficient setback (front yard). Location of property: Inlet Drive & Sound ~Beach Drive, Map of Captain Kidd, Lot 65 & part of ~66,. Mattituck. Vo~e of the Board: Ayes:~ Messrs: Gillispie, Grigonis, Hulse. Southold Town Board of Appeals -25- July 3, 1975 ~ A~RUVED , Respectfully submitted, l~ar]or~e McDermott, Secretary Robert W. Gillispie, Jr., Chairman