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HomeMy WebLinkAboutZBA-12/22/1976Southold Town Board of Appeals SOUTHOLD, L. !., N.Y. 119'71 Telephone 765-2660 APPEAL BOARD MEMBERS Rotoert W. Gillispie, Jr., Chairman Robert Bergen Charles (~riBonis, Jr. Serse Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals December 22, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Wednesday, December 22, 1976, at the Town office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grig0nis, Jr'. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman. Mr, Paul Hunter had an informal discussion with the Boar~ about keeping a COW on his property. The Chairman ~said thatbe had ta~ed this over with the Town Attorney and that they felt it would be all right for him to have the cow. 7,~30 P.M. (E.S.T.),~Appeal No. 2209 - of He~ J. Smith, Robinson Road, Peconic, New York '( Bruer, Attorne for a special exception in Z~ning Article III, Section 100-30 B (9) and ~, Section 32-10 r permission to construct marina in "A" District. Location of property: east side Wampum Way (Priva' , New York, bounded on the north by F. Bear; east by Corey and J. Hallock; south by Peconic Bay; west by Wampum Way. THE CHAIRMAN: At the last meeting, we adjourned the public hearing until tonight to .make a decision on Henry J. Smith's appli- cation. Going back over what we were talking about then, we have since received word from the County as to their suggestions~ One important thing here, this is a boat basin and not ~ marina, there's a substantial difference. RUDOLPH BRUER, ESQ.: There's nothing sold there, nothing in- tended to be sold there, ~o gasoline or anything. THE CHAIRFLAN: Nothing co~amercial, and you~:'re not going to encourage anyone to moorctheir boat to your dock if they live Southold Town Board of Appeals -2- December 22, 1976 outside the subdivision. That's a grey area there, because under the Ordinance, so that everybody wouldn't have to have docks, we have in the Ordinance that a fellow can moor his own boats at his dock plus those of two neighbors. The purpose of that in the orig- inal thinking was that in some locations it's pretty expensive to put up a dock, and we thought that this would enable a fellow to share the expense. But in this case, I think both this Board and the County would prefer that it be limited to, and also due to the size of the basin, that it be limited to the use of the residents of the Nunnakoma Waters subdivision. RUDOLPH BRUER, ESQ.: I think that's implied in the covenants and restrictions, it might not be explicit, but that was the in- tention. THE CHAIRMAN: Well, in order to resolve this situation, I'll offer a resolution granting this application as applied for nomi- nally by Henry Smitk for the use of the residents of Nonnakoma Waters. The Board construes the application to apply to all of the docks that are erected or may be erected in the future, although each will be individually owned by the residents of Nunnakoma Waters. The Board construes that the original site plan provided when the subdivision was granted to be the present site plan. I don't believe there's much difference, is there? RUDOLPH BRUER, ESQ.: What you have is the latest as of ... there are footings out here for this individual. When you're making this resolution, I don't know exactly how to phrase it myself with respect to that part of the Ordinance. If you could make a comment to that part of the Ordinance wherein it said that, I think, the owner of the property can only have his own boat plus two others. THE CHAIRMAN: Yes, I've got that, that's the easy one. The site plan was revised October 24, 1976, surveyed by Anthony W. Lewandowski. RUDOLPH BRUER, ESQ.: This will not shaw on his master, this has been added. THE CHAIRMAN: I think that what we're going to try to pro- vide for here is ... he may have other residents. Granted subject to the following conditions: 1. Subject to County Planning Department approval. No, you can take that out because they marked this for local determination with the following suggestions: (The Chairman read the December 13, 1976, letter from Gerald New~an of the Suffolk County Department of Planning.) Southold Town Board of Appeals -3- December 22, 1976 RUDOLPH BRUER, ESQ.: So you're suggesting it be restricted to 22 docks? THE CHAIRMAN: No, 22 boats. This is what they're saying, it,s a suggestion. We're throwing it out for comment. RUDOLPH BRUER, ESQ.: I think that's under the jurisdiction of the Trustees because anything that goes in there must go to them and they must say where it can go. THE CHAIRMAN: I'm suggesting that we put a clause in that the size, location, and the number of docks be up to the Board of Trustees. RUDOLPH BRUER, ESQ.: I really couldn't object to that, guess, because they've sort of assumed that jurisdiction as it is. I would object the reference to the number, they might even make it less. THE CHAIRMAN: Well then, Condition 91 is that this is subject to the D.E.C., the Department of Environmental Control. RUDOLPH BRUER, ESQ.: You don't require me to do anything about that, right? THE CHAIRMAN: We don't require you to do anything about it, I don't know what would happen if they discovered it. RUDOLPH BRUER, ESQ.: I would object to you having a reference to it for the following reasons. 91, if it's a State law, we're automatically subject to it. If the State law applies, it applies. THE CHAIRMAN: It's really for the clarification of the applicant. It's the same thing if we do it with the Planning Board. ~ : I would have no objection if it was to some~ but we're talking'abou~t an existing situa- tion could imply that we now have to go to the D.E.C. and say and such number 0f~do~ks there and maybe some of them.come under the Ordinance. If we're subject t~ it, we're subject to it, and I don't think you peop!e have to point it out to us. The application here deals with the existing situation. THE CHAI ~R~AN: This applies across the board on any type of application where there are outside agencies, and this is one of the problems. We have applications here where the Army Corp of Engineers get involved, the D.E.C., ~he Board of Health, the Board of Appeals, the Planning Board for site plan approval, ~hey all get involved. One of the problems with all this is that very Southold Town Board of Appeals -4- December 22, 1976 shortly they're going to require an impact statement, and one of the questions is, who is responsible for this? They're thinking · n terms of having the lead agency responsible for the Environmental Impact Statement. Now who determines what the lead agency is when you have half a dozen agencies involved? So, I think for our own protection, we're going to put in there that it's subject to any provisions, applicable provisions of the Tidal Wetlands Act. we!re not trying to do something behind their back or Out of their range, so to speak. RUDOLPH BRUER, ESQ.: Based upon what has been said so far, somebody could interpret it that we now have to go after an af~r~ative statement by the D.E.C. THE CHAIRMAN: Well, you could explain that~to D.E.C. RUDOLPH BRUER, ESQ.: But that's not what we're asking for, we're asking for a special exception to the Ordinance. THE CHAIRMAN: Yes, and in granting the special exception, we have to point out the restraints and restrictions under which it's granted. It's subject to the Tidal Wetlands Act which is a law that is superior to our local law. RUDOLPH BRUER, ESQ.: If you're subject to a law, you're subject to it, it doesn't have to be made a matter of record. 92, what we're talking about here is the use of the basin which is what we want an exception to the Ordinance for. The use came into existence prior to the existence of the State law. ROBERT BERGEN: But still, you'll have to make an appli- cation for those docks. RUDOLPH BRUER, ESQ.: Any new docks, yes. FRED HULSE, JR.: Not the old ones? RUBOLPH BRUER, ESQ.: It depends on if they were there prior to the e~aotment o2 the moratorium. · HE CHAIRMAN: The Tidal Wetlands Act was passed when, in 19717 Some of these will be involved. I think you'd better just let us leave it in the~e. You're going to have to go see them anyway. RUDOLPH BRUER, ESQ.: If you don't mind, so far we haven't. They have not objected. THE CHAIRMAN: Do they know about it? RUDOLPH BRUER, ESQ.: I think it's been pointed out to them, unofficially. Southold ToWn Board of Appeals December 22, 1976 THE CHAIRMAN: Well, this is all hearsay. RUDOLPH BRUER, ESQ.: Mr. Smith has not made an application. After investigation and inspection the Board finds that the applicant requests permission to construct marina in "A" District, east side Wampum Way (Private Road), Southold, New York. The findings of the Board are that this is not a marina but rather a boat basin. The Board construes the application to apply to all of the docks that are erected or may be erected in the future, although each will be individually owned by the residents of Nunnakoma Waters. The Board also finds that the site plan has been approved by the Planning Board. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitred 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. Bergen, it was RESOLVED, Henry J. Smith, Robinson Road, Peconic, New York be GRANTED permission to use boat basin for ~he mooring of pri~ate ~boats belonging to the residents of Nunnakoma Waters as applied for, subject to the following conditions: The application is subject to all applicable provisions of the New York State Tidal Wetlands Act. Permission is granted to the residents of Nunnakoma Waters to use the boat basin described in the original, approved subdivision map, revised October 24, 1976, for mooring of their own boats and no more than two boats of neighbors who also reside in Nunnakoma Waters. The size, location, and number of docks~will be determined by the Town Trustees. Vote of the Board: Ayes: - Messrs: Gillispie, Berqen, Hulse~ Grigonis. PUBLIC HEARING: Appeal No. 2222 - 7:50 P.M. (E.S.T.) decision upon application of Jonathan C. Browning and wife, Little Neck Road, Cutchogue, N~w York for a variance in ac, cordance with the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: east side Little Neck Road, Cutchogue, New York, bounded on the north by J. Kujawski; east b.y Strohson Southold Town ~oard of Appeals -6- December 22, 1976 Road; south by W. E. Taylor and S. W. Stepnoski; west by Little Neck Road. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) Is there anyone who Wishes to speak against this application? (There was no response.) After investigationcand inspection the Board finds that the applicant requests permission to set off lot with insufficient area, east side Little Neck Road, Cutehogue, New York. The findings of the Board are that the lots to be created will be compatable in size to the lots in the surrounding area, and in fact, will be larger than many of the lots in the immediate vicinity. 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 an the same Rse 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 P~ESOLVED, Jonathan C. Browning and wife, Little Neck Road, Cutchogue, New York be GRANTED permission to set off lot with insufficient area, east side Little Neck Road, Cutchogue, New York, as applied for, subject to the following condition: The property shall be divided into two lots of equal area, approximately 29,970 + , as shown on the December 14, 1976, survey by Van Tuyl. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2230 - 7:55 P.M. (E.S.T.) upon application of Richard E. Olmsted, 1050 Meday Avenue, Matti~uck, New York and Ruth V. Haas, Route 27A, M~ttituck, New York for a variance in accordance with tke Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: Southold Town Board of Appeals -7- December 22, 1976 Westphalia Road, Mattituck, New York, bounded on the north by now or formerly Garelle; east by Matt±tuck Creek; south by now or formerly Mary MacNish; west by Westphalia Road. 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 also read statement from the Town Clerk that notification by certified mail had been made to: Augustus C. Garelle; Mary W. MacNish. Fee paid - $15.00. THE CHAIRMAN: The sketch accompanying the application indieates that this proposed minor subdivision will consist of 1.0113 + acres, 44,000 sq. ft. on Westphalia Road with a width of 270'--and a 30' right-of-way extending 135' in depth on the southerly edge of the Westphalia piece which will provide access to the two waterfront lots. Each of these lots w~ll be ... the northerly 10~ will be 1.49 acres, the southerly lot will be 1.46 acres, approximately 117' in width on the northerly lot and 820' in depth per Suffolk County Tax Map. The southerly lot will be 118' in width and approximately 700' No, the first figure should be 590'+ and the southerly line of the southerly lot will be approxi- mately ~65' extending down to the creek with the width at the creek about 105'+ on the southerly lot. I guess the other is about the same width~ The southerly lot has an existing dwelling approxi- mately half-way the distance from the westerly boundary. Is there anyone present who wishes to speak for this application? RICHARD OL~STED: I think it's all said in there. Like I s~id, the problem is with the taxes, especially with the one we got today. It was up over $200.00. THE CHAIRMAN: I think the County tax ra~e went up. RICHARD OLMSTED: I blame it on the School. That's about 2/3 of the bill. But basically, the existing driveway goes right along the property line, goes down, cuts across and goes down to give the adequate 150' road frontage. That would split right down the center of the proposed property line. THE CHAIRMAN: The way it's drawn here, it's on the southerly boundary. RIC~LARD OLMSTED: I guess that's it. I didn't save a copy of the survey for myself. THE CHAIRMAN: Is this an existing d~iveway or is it going to be a new one? RICHARD OLMSTED: This here (on map) is existing. The driveway now comes down to this house. Southold Town Board of Appeals December 22, 1976 THE CHAIRMAN: This is an area of large lots. Are all of these lots used, the ones adjoining to the south there? RICHARD OLMSTED: Yes. That was originally all one estate. My grandmother left the property to the children. Next door is MacNish, that's my aunt, she lives tkere and also my cousin has a house on the property. THE CHAIRMAN: Anyone wish to speak against this application? After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient width, Westphalia Road, Mattituck, New York. The findings of the Board are that the Board is in agreement 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. Bergen, seconded by Mr. Hulse, it was RESOLVED~ Richard E. Olmsted, 1050 Meday Avenue, Mattituck, New York, and Ruth V. Haas, Route 27A, Mattituck, New York be G~NTED permission to set off lot with insufficient width, east side Westphalia Road, Mattituck, New York, as applied'for, subject to the folloWing conditions: The applicants shall create and improve a right-of-way from Westphalia Road to the northerly lot to the extent of 15' with bank run where necessary, subject to approval of the Building Inspector. 2. The site plan is subject to approval by the Planning Board. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2231 - 8:05 P.M. (E.S.T.) upon apPlication of Henry C. Scherz, 37 Lotus Lane, Westbury, 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 area. Location of property: south side Pinetree Road, Cutchogue, New york; part of Lot ~124, Map of Nassau Farms. Southold Town Board of Appeals -9- December 22, 1976 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 also read statement from the Town Clerk that notification by certified mail had been made to: S. Januskiewicz; G. S. Peterman; John W. Gesele. Fee paid $15.00. THE CHAIRMAN: There's a letter here from Henry C. Scherz: "I have just received notice of my appeal date for Dec. 22, 1976, I find that I will be unable to attend the meeting. I would appreciate it if this hearing could be postponed until the Jan. 13, 1977 meeting or any future meeting. Thanking you for assistance in this matter." Sincerely, /s/ Henry C. Scherz I don'H see any reason to postpone this. SECRETARY: There was a lady who was in and she looked at the file and saw the letter, I don't know whether she wanted to speak against it or not. ROBERT BERGEN: She should be here if she does. SECRETARY: But I told hermit would be postponed. THE CHAIRMAN: She thinks it's postponed? SECRETARY: Yes. THE CHAIRMAN: We don't have to postpone it, and I don't think we like to postpone anything if we can avoid it. FRED HULSE, JR.: It's a reasonable request. THE CHAIRMAN: To postpone it? FRED HULSE, JR.: No, I mean to do it. It certainly is conforming to the area. 90~ of the lots in that area-are that size or smaller. ROBERT BERGEN: These two lots will be bigger than most of them. FRED HULSE, JR.: That's what I say, 90% of the area is that size or smaller. Southold Town Board of Appeals -10- December 22, 1976 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) Is there anyone present who wishes to speak against the application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient area, south side Pinetree Road;~ Cutchogue, New York. The findings of the2Board are that the application is self-explanatory and it was not necessary for Mr. Scherz to be present. Most of the lots in the area are smaller than the two lots to be created. 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 ~roperties alike in the immediate vicinity of this property and zn 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. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Henry C. Scherz, 37 Lotus Lane, Westbury, New York, be GRANTED permission to divide property with insufficient area, south side Pinetree Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: Grigonis, Messrs: Gillispie, Bergen, Hulse, PUBLIC HEARING: Appeal No. 2232 8:20 P.M. (E.S.T.) upon.application of Constance Klapper, P.O~ Box 291, C~tchogue, New York f~r a in accordance wi~h the Z0ni~g ~rdinance ~nd the Town Law 280A for approval of acCess and lot lth lnsuffzclent w~dth. Location of property: private right- of-way,'north side O~egon Road, Cutchogue, New York, bounded on the north by Long Island Sound~ east by David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. The Chairman opened the hearing by reading the application for a variance, lega~ notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk hhat notification by certified mail had been made to: John Zuhoski; David Digman. Fee paid - $15.00. Southold Town Board,of Appeals -11- December 22, 1976 THE CHAIRMAN: The survey-shows that the applicant owns approximately 4.45+ acres at the northerly end of the farm and access is presentl~ obtained over a farm road we measured to be about 7/10 of a mile. It shows the right-of-way here. (The Board and the Klappers discussed the location of the right-of-way.) The principle problem with this is the access road and we will have to require you to improve that access. Are you selling one of these? CONSTANCE KLAPPER: Yes. We're not the only ones who have access on that road. Shelley uses it, too. MURRAY KLAPPER: When you come up here, we go this way (on map) and they would go the other way. THE CHAIRMAN: And this is the one you're talking about selling? This lot hasn't been created yet? MURRAY KLAPPER: No. We want to sell this off. CONSTANCE KLAPPER: At some future time, we may want to sell the other lot, but at the present time we're just selling one lot. THE CHAIP/WAN: And access has to be over an approved right- of-way. The only way this access will be approved is if the-access · s improved with about 6" of bank run scarified into the road. 0therwise~ the Town has no control over it. This access, I guess, developed prior to Zoning. MURRAY KLAPPER: Yes. When we bought it, it was approved, it's the same access that was there a year and a half ago. THE CHAIRMAN: That's right, but when you go to divide prop- er~y, you hawe to have approved access. See, you can buy something that exists, but when you divide property, you have to have approved access. You're creating something here to sell. CONSTANCE, KLAPPER: Except technically, we were under the impression thatl, we were told that it was written into the original purchase agreement. ROBERT BERGEN: The right-of-way is there, but that doesn't say anything about what condition it's in. THE CHAIRMAN: Just a right-of-way over a plowed field isn't satisfactory to the Town. We have to have an access that's approved 'with a solid base ~or emergency vehicles, fire, police, etc. You happened to be the first one that hit this now. I Southold Town Board of Appeals December 22, 1976 don't know whetker you had any arrangements ~hen you bought this as to who would pay for this. This is what we~'re talking about, the cost. CONSTANCE KLAPPER: So far what's been happening is, Zuhoski pays a portion, we pay a portion, and Shelley pays a portion. THE CHAIRM_~N: In Ri~erhead, you'd have to have a blacktop road in there to develop it and sell a piece of property. Here, you're getting away cheap. (The Board and the Klappers discussed improving the right-of-way.) Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffioient width and approval of access, private right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement 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 zn the same use district; and the variance will not change the character of the nieghborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Constance Klapper, P.O. Box 291, Cutchogue, New York be GRANTED permission to set off lot with insufficient width and approval of access as applied for, subject to the following condition: The applicant shall improve the right-of-way from Oregon Road to the property which is being set off with 6" of bank run, scarified, with a width of 15' to accommodate emergency vehicles. Vote of .the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southo~d Town Board of Appeals December 22, 1976 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated December 2, 1976. Vote.of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis~ 3:~ On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated December 10,'1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Five (5) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.S.T.), Thursday, January 27, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: Grigonis. Messrs: Gillispie, Bergen, Hulse, On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Sou%hold Town Board of Appeals set 7:30 P.M. (E.S.T.), ~hursdaY, ~TJa~ary 27, 1977 at the Town Office, Ma~n Road, Southold, New York as the time and place of hearing upon application of George N. Terry, 600 Highwood ROad, Southold, N~w York for a variance in accordance with'ithe Zoning ordinance, Article III, Section 100-30 and Bulk S~hedule for permission to construct addition with insufficient setback. Location of prop- erty: Hiqhwood Road, Southold, New York; Lot No. 7, Highwood at Bayview; Map #5547. Southold Town Board of Appeals -14- December 22, 1976 The meeting was adjourned at 9:00 P.M. (E.S.T.) Respectful ly s~m~tted, Mary ~. Dawson ~ ~-. ~ .,- Secretary A, ?RUVi D Robert W. Gil'lispie, Jr., Chairman