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HomeMy WebLinkAboutZBA-12/02/1976 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., ChaPman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. !., N.Y. '119'71 Telephone 765-9660 M' I N U' T' E' S Southold Town Board of Appeals December 2, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, December 2, 1976, at the Town Office, Main Road, Southold, New York. There were ~present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr., Serge Doyen,-Jr. Also present: Sherley Katz, Long Island Traveler-Mattituck Watchman. 7::3D P.M. (E.S.T.), Appeal No. 2213 - upon application of Louis V. and Ruth L. Schmidtchen, Main Road, East Marion, New York for a varianee in accordance with the Zoning Ordinance, Article II.I, Section 10~-30 and Bulk Schedule for permission to construct additional dwelling on undersized lot. Location of property: south side Main Road, East Marion, New.York, bounded on the north by Route 25, (Main Road); east by Clara Rackett; south by Marion Lake; west by M. Billman. This appeal was held over from the November 4, 1976, meeting because, at that time, the Schmidtchens did not have a survey showing how they wanted the property divided. Th~ Board discussed with the Schmidtchens the location of their property and~found that, when they inspected the property with the Building Inspector, they had looked at the wrong piece. The SchmidtChens presented a survey indicating where they wanted the lot divided, and the Board felt that the application should be granted subject to tke condition that the ~hairman of the Board and the Building Inspector inspect the property and confirm in writing that they have done so. There were no objections to this application. After investigation and inspection the Board finds that the applicant requests permission to set :off a lot with in- sufficient width and area, south side Main Road, East Marion, Southold Town Board of Appeals December 2, 1976 New York. The findings of the Board are that this is an appropriate division of property in this area. Many of the lots are smaller than the ones 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 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, Louis V. and Ruth L. Schmidtchen, Main Road, East Marion, New York be GRANTED permission to set off lot with insuf- ficient width and area, south side Main Road, East Marion, New York, subject to the following condition: The Chairman of the Board of Appeals and the Building Inspector shall inspect the property and confirm in writing that they have done so. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2218 - 7:40 P.M. (E.S.T.) decision upon application of Edward and Justyna Slaga, 1140 Bay Avenue, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into twe lots with insufficient width and area. Location of property: Woodcliff Drive, Mattituck, New York, bounded on the north by Bassford~ Koehler and Gudson; east by other land of applicant; south by Woodcliff Drive; west by Espensen. THE CHAIRMAN: The proposal is to divide a property of 1.1 acres in~o two equal parcels with ... presently, the parceI has 206.09'.on Woddcliff Drive, and the depth exten~s 208'+ northerly and is somewhat wider at the rear, or north, end than it is on Woodcliff. It is similar in size to adjoining lots in the area. There are some across the street that are similar in size. lot immediately adjoining it to the west is 2.4 acres. The three lots adjoining it to the east are half acre or less. One has 105', another has 85', two have 85' Two other lots are considerably less than half acre on Grand Avenue, and across Woodcliff Drive, the lots are similar or of smaller size. There was some objection in connection with erosion. However, the Board again looked at this proposed lot to be subdivided and Southold Town Board of Appeals -3- December 2, 1976 determined that any filling that would be performed in order to make these lots usable would tend to check the erosion rather than increase it. Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide propert~ into two lots with insufficient width and area, north side Woodcliff Drive, 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 intmediate 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Edward and Justyna Slaga~ 1140 Bay Avenue, Mattituck, New York, be GRANTED permission to divide property into two lots with insufficient width and area, north side Woodcliff Drive, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2209 - 7:50 P.M. (E.S.T.) decision upon application of Henry J. Smith, Robinson Road, Peconic, New York (Rudolph Bruer, Attorney) for a special exception in accord- ance with the Zoni$~ Ordinance, Article III, Section 100-30 B (9) and Article I, Section 32-10 for permission to construct marina in "A" District. Location of property: east side Wampum Way (Private Road), Southold, New York, bounded on the north by F. Bear; east by Corey Creek and J. Hallock; south by Peconic Bay; west by Wampum Way. THE CHAIRMAN: (To Rudolph Bruer, Esq.) Did you get the information we asked you for? RUDOLPH BRUER, ESQ.: As far as the Department of Environmental conservation is concerned, no application was ever made to them. I think you have to go back to the nature of the application here. Southold Town Board of Appeals December 2, 1976 THE CHAIRMAN: Well, the letter that we wrote to you was in response to a letter that we received from the Planning Commission. RUDOLPH BRUER, ESQ.: But I don't think it applies. I don't know what that letter said, but it seems to me it's in contemplation of something that doesn't exist yet. This is a subdivision that was approved and filed back in 1966. THE CHAIRMAN: Wasn't it filed before then? I think it was. RUDOLPH BRUER, ESQ.: It might have been, either in '65 or '64. I think the dredging that occurred was in 1966. THE CHAIRMAN: We're not concerned with the dredging, that's somebody else's job, nor are we concerned with the Trustees in this situation, or the County, but the County did write to us and ask for ... mn the first place, nobody was sure whether we had jurisdiction or not, but after talking to the Town Attorney this afternoon,, we agreed that the Board does have jurisdiction over this type of structure, even though the bottom of the pond is oWned by the applicant. Of course, the applicant should and will have to obtain building permits for the docks because they're structures as defined in the Ordinance. RUDOLPH BRUER, ESQ.: The problem with that reasoning is that the applicant doesn't own them. THE CHAIRMAN: The applicant owns the bottom of t~e pond. ¥~u in .your testimony here. He owns the are~ surrounding the end'he owns the bottom, so Henry Smith i~s f~r ~he!docks. In other words, the structure is cDn his pr~op~rty& Now, What we thought would be the way tO solve this, as Appeals ~s concerned, is to agree w~th you that a dock which has been made by Henry Smith, wh¢ and doesn't own a dock there, shall be d~emed %~ toall the docks that are there, ail six. This in ithe original filing with the Planning Hoard, area was designated as a boat basin. It doesn't show on .s survey, but on the Planning Board survey, it does. Each of docks shOuId be designated as to who the owner is and we'll exp. Lin ~he action of the Board that this is a deeded right to the owners of the l~ts on the upland. One of the things that ocCurred to me was, how maay more docks are going to be there, how will we control those? Fortunately, you have the tengths here because if there is some limit put on the lengths of these docks, it could interfere with you, but with this survey ... RUDOLPH BRUER, ESQ.: The Board of Trustees is getting into the act to the extent that they're going to require an application by everybody who owns any dock and any future dock, so it would be like any other app'lication for a ~ock in a creek. Southold Town Board of Appeals -5- December 2, 1976 THE CHAIRMAN: But you still have to get a special exception and you need site plan approval. RUDOLPH BRUER, ESQ.: Well, I don't know about that. THE CHAIRMAN: That's part of the Ordinance. RUDOLPH BRUER, ESQ.: I thinkwe have Planning Board approval on the site plan by tke fact that 'they signed it, it's a filed map that was signed by the Board, it was before this requirement was in there. As a matter of fact, the marina area we"re talking about is a situation that, in effect, existed prior to the require- ment that this Board refer things to the County, which I think is only two or three years old. I agree with you that possibly some of these docks were build in the last two years. The record should speak for itself. THE CHAIRMAN: It does. One guy said that he moved there in '69, and he built the first one in '70 or '71. RUDOLPH BRUER, ESQ.: But you wrote me a letter and asked me the findings and recommendations of the State Department of Environ- mental Conservation relative to the Tidal Wetlands Act, and there is none. As far as the deed, I can give you a copy of Mr. Henry Smith's deed from which he purchased the property, ks~to ~ sta.t~- ment that copies of subdivision filing Nunnakoma Waters, i don't think that' s .defi~ft~.~e~gh~t~'~.~e ~a~i~ 'to give you an answer. The subdivision map Of Nunnakom~ Waters iS~ filed, it was filed pursuant to the requirements of the Town and the State of New York back in 1965, whatever the requirements were at that time. It's a matter of record. THE CHAIRMAN: We wrote you this letter in response to a letter we got from the County and they requested the following: (The Chairman read the November 22, 1976, letter to the Board of Appeals from Gerald Newman of the Suffolk County Department of Planning.) This is required of us by law. RUDOLPH BRUER, ESQ.: You're~asking for s~ exist! Firs~ of ~11, I don't know Wha~ a ~ require- ment for the map of Nunnakoma Waters is. there was a specific filing requirement for that subdivision map. I can go to Mr. Van Tuyl and get you a copy of the map, and that's it. I'll give you the map number and I can give you the date it was filed and any information relating to that. I can give you a copy of the deed, no problem. Southold ~own Board of Appeals -6- December 2, 1976 THE CHAIRMAN: How about a copy of a deed similar to the deed that Henry gives to these people~as to the right that they have to use this area, to put docks up. RUDOLPH BRUER, ESQ.: I refer the Board to the question of law with respect to the rights an individual has with respect to a filed map. An owner of a lot on a filed map, unless restricted somewhere else by way of his deed, has a right to use whatever is shown on the map. There is nothing written down that I can give you. THE CHAIRMAN: If there's nothing written down, then that's what'we'll have to tell them. All it says on the approved map that I've seen from the Planning Board is "boat basin", it doesn't say who has the right to use it or anything else. RUDOLPH BRUER, ESQ.: It's implicit with respect to a filed map~ unless otherwise restricted, an individual has a right by owning a lot in a filed map has a right to use the roads, and by implication he has the right to use whatever other general pro- vision is provided for, which in this particular instance is a boat basin. ROBERT BERGEN: Does it say that in the deeds? RUDOLPH. BRUER, ESQ.: There is nothing in the deed that says he can use a road. THE CHAIRMAN: It doesn't have to. Whatever appears on a map, I understand the Courts have interpreted t~is all in favor of the tenant of the subdivision. So if it says "boat basin", the impli- cation is that anybody that buys a lot in that subdivision can use that boat basin. Put it in a letter. RUDOLPH BRUER, ESQ.: I can do that, I can g~et you a copy of the map, and I can get you a copy of a typical deed that's been handed out. There are no specific "subdivision filing requirements" for the map of Nunnakoma Waters, as far as I know, I may be wrong. FR~NK BEAR: Mr. Chairman, I have in my car outSide my deed. If you'd !~ike, I'll .go out and get it. I don't think ther~'~s any question ~What it means, but I'll be glad to let you look at it and etermt~e~what you think. As far as the D.E.C. is concerned, it's my understanding that Mr. Smith has made an application to the D.E.C. and that a hearing is to be held on January 5th in regards to that application. I haven't seen the application, so I don't know exactly what it says, but there is an application there and a hearing date has been set in Riverhead. THE CHAIRMAN: Well, I don't anticipate any difficulty, it's just a completely unique situation. Southold Town Board of Appeals -7- December 2, 1976 FRANK BEAR: Would you like me to go get that deed? THE CHAIRMAN: Yes, I'd like to see it. (Mr. Bear went outside to get his deed.} I think our preliminary findings are that the .Board of 'Appeals does have the obligation to grant or deny a special exception for docks for individual boat owners, and the way we thought perhaps it could be done is to assume here now, with your permission as you represent Henry Smith, is that the appli- cation he made applies to all the docks that are presently there and any future docks that they may want to put in. I don't know how many more docks will be there, some of them are restricted as far as development is concerned. I think he said the other night, it's in the minutes, there's between 22 and 24 lots. About 10 are sold, and some of the lots are restricted until adequate water is ... RUDOLPH BRUER, ESQ.: Yes, that's set forth on the map itself. THE CHAIRMAN: Well, that doesn't relate to our problem, so there's no sense getting into it. RUDOLPH BRUER, ESQ.: I just represent Mr. Smith with respect to this application and the application before the Board~of Trustees and before the Town ~Board. I have nothing to do with anything before the Planning Board. THE CHA~: This is a letter from John v~so~ Martoc~hia. 'Nit has been brought the Trusteesl.cr the :Department assume that what Henry thought was that basin on the original filed map, which Board, and I assume he thought that he there and fill the Wetlands and dredge out the channel wouid be a Suitable boat basin for the tenants of the "Tihis developer has also filled wetlands and some time in the past has constructed unauthorized drainage structures in the =ea adjacent to the proposed basin and private beach." This sounds like a big thing, this drainage structure, but actually it's an eff0r~t to prevent the b0a~basin from filling out. He built up the landw and it was just sand and it started to erode, so he put in, I guess he paved it. to iSuper- tha~ the :anal of I a boat Planning ~n thRt it ROBERT BERGEN: He paved the road, yes. FRANK BEAR: Well, it's kind of paved, yes. Southold Town Board of Appeals -8- December 2, 1976 TMR CHAIRMAN: It's enough so that it sheds a lot of the water. Then I guess he put .in a sort 'Ofmvalley out of blacktop as a drain, so that ~hen ke was hailed for all his crimes and misdemeanors all he ~as doing was trying to replace or put in a better drainage structure than the one he had, which washed out. "In the very recent past, he has constructed additional drainage structures in violation of Planning Board requirements and of Town requirements." He was just replacing the structure he had there with a more effecient drainage structure. ANTHONY LEWANDOWSKI: The one that was there washed away. He put in, as you said, a more effecient one. THE CHAIRMAN: I think with the explanation the Town Board will have, they'll probably approve what he's done there. This is another letter from John Wickham. I guess this really doesn't pertain to what we're talking about. We also have a letter from the Town Trustees. (The Chairman read the November 8, 1976, letter to the Town Board from the Board of Trustees.) AS far as I can see, the whole thing is on the right track4: and if you'll write us that letter We'll forward that to the County. We'll probably act favorably on the special exception to cover the existence of the docks that are there. I think what you should do, we're going to have to have some way of identifying these docks as to the owner. And each dock is going to need a building permit. RUDOLPH BRUER, ESQ.: I believe, if I'm not mistaken, all or just about everybody has applied to the Trustees for the permit. You say that in addition to that we need a permit from the Building Inspector? THE CHAIRMAN: Yes. RUDOLPH BRUER, ESQ.: I'll advise the owner of each dock. THE CHAIRRAN: I think there's some question there. That last time we held a hearing on this, someone thought that this was Henry Smith's obligation. FRANK BEAR: I did say something to that effect, but since the last meeting, a lot of things have happened, and as Mr. Bruer said, we were requested by the Board of Trustees to submit a re- quest for approvals for the docks which have been built. I believe most, if not all, of the dock owners have filed those requests and there's to be a hearing on December 6th, on Monday. RUDOLPH BRUER, ESQ.: The Town Board hearing, by the way, is on December 21st at 3:30, regarding the wetlands. Southold Town Board of Appeals December 2, 1976 THE CHAIRMAN: Well, giving again our prel'iminary decision, it would be that we. ~ould be in favo~ of t~s. RUDOLPH BRUER, ESQ.: I can get you the approximateL~ates of the construction, and if it'~s all right with the Board I will Write in on your file, w~th respect to that survey there, who owns what. THE CHAIRMAN: Start from the north. Also, I think we ought to know how many you expect to put in there. RUDOLPH BRUER, ESQ.: I don't think the developer can do that. THE CHAIRMAN: How many lots are sold up there, Mr. Bear, 10 or 117 FRANK BEAR: I believe it's 13. THE CHAIRMAN: I assume some people are not boaters. FRANK BEAR: Well, of all the persons who have a home up there, I think all of them have boats. They don't all have docks in there. THE CHAIRMAN: Do you have a dock there? FRANK BEAR: Yes, I do. THE CHAIRMAN: How big is your dock? FRANK BEAR: My dock is-5' x 18' THE CHAIRMAN: How long is your boat? FRANK BEAR: 22' THE CHAIRMAN: Is that about the average size of the boats that are out there now? FRANK BEAR: No, most of them, I think, would be smaller, one is considerably larger. They vary a lot. ROBERT BERGEN: That goes on one side of your dock, there's room for somebody else on the other side. FRANK BEAR: No, mine's a floating dock which is parallel to the shore. ANTHONY LEWANDOWSKI: Mr. Bear owns a lot which borders on the basin. Southold ToWn Board of Appeals December 2, 1976 THE CHAIRMAN: He has the most northerly one. You see, the Ordinance provides that .you can rent space on your dock, if you want to, to two of ur ne' ' I ~ . . ~ ~ In9 ~gh~ors, but it seems to me that in this ~arulcu±ar, unlque situation, the Board should impose conditions that no rental of any of these docks shoul-d occur to anyone who doesn't live in the subdivision. RUDOLPH BRUER, ESQ.: That would he perfectly agreeable. It's only intended for the use of the residents and owners of that subdivision. THE CHAIRMAN: I don't know how many more you could get in there. Do some of the other people rent their docks to ... FRANK BEAR: Nobody rents their docks. ANTHONY LEWANDOWSKI: The way it started out, one of the neighbors and m~self put the first dock in and we felt that, eventually, each lot owner would have equal right to dock space there. At the time,tthere were only two houses there. We have just formed an association recently of which Mr. Bear's president and one of the things we discussed is making an over-all plan of the ... the way we started, there was no over-all plan as to dif- ferent sizes, shapes, and so forth. We have discussed at one of our meetings about forming a committee to try to do something with the boat basin that would be fair to everyone so that anyone who does build there or any owner would have equal right to what- ever docking there is. And since there's limited space, we've discussed the idea of two neighbors to each dock. FRANK BEAR: It would be hard to get anymore in there on the south side. Eventually, we'll probably have a plan to revamp the whole thing, subject to whatever approvals and so forth. THE CHAIPuMAN: If we limit it temporarily to, you have smx there now, if we limit it to seven, would that be satiSfactory to your association? Maybe you could have it amended or changed. to that. BRUER, ESQ.: The developer, I think, would object possible, in some of these subdivisions it was never required that everybody belong and be subject to an association. I don't think you can as a matter of law with respect to imposing, you're imposing deeded rights on somebody here. THE CHAIRMAN: We can impose conditions for the public health, safety, and welfare of the Town of Sout~old. Southold Town Board of Appeals December 2, 1976 RUDOLPH BRUER, ESQ.; I~o~uld ~e~pectfully reqnest that the Board not do that ~at t~s ~ime. THE CHAIRMAN: Ail right. RUDOLPH BRUER, ESQ.: I would point out .to the Board, and the Board of Trustees, that with respect 'to docks and the mooring of boats in the 'creeks of the Town, that they, 1 ~eli.eve a checking of the files in this department will show that they have assume~t~!. jurisdiction and are requiring of each individual owner of these docks applications, and that they are reviewing, and it's their function to de~ide whether something can be there. THE CHAIRMAN: That's wonderful, I~m glad you told me that. We'll put a condition in to refer any future increase in docks to the Trustees. I think they have jurisdiction anyway. I don't know, Henry Smith owens the bottom of this creek and the Trustees are assuming the right to dictate what he can put on the bottom of the creek. I'm just tkrowlng that out for yo~, because I had a case like this myself where the Trustees put a stake on our prop- erty and we had visions of a hundred stakes there, so we called them on it, and the decision was that they didn't have the right to put stakes on somebody else's bottom. But if they've assumed it, I don't want to get into it. RUDOLPH BRUER, ESQ.: I don't think it's the purpose of this Board or my function here tonight to establish the title to the bottom of Corey Creek there as set forth in this application. THE CHAIRMAN: He said he owned it. FRANK BEAR: There are five lots which are now owned by persons other than Henry Smith which do not ha~e homes on them. There are four lots which are not sold in addition to those five. (Mr. Bear gave the Chairman his deed,land the Chairman read a portion of s~me.) RUDOLPH BRUER, ESQ.: I don't know what went to the County to prompt the letter that was sent back, but possibly in my letter to you for the purposes of informing the Town on the history of this, this is an existing filed map that was filed at a particular time in the mid 1960's and give you the information you requested to the extent that I can give it to you, to the extent that it exists. THE CHAIRMAN: Here's another letter here. (The Chairman read the November 16, 1976, letter from Ralph Panella requesting information on Henry'Smith's application.) Southold Town Board of Appeals -12- December 2, 1976 Our files, or this type of file, is referred to the County for their recommendation because they act on any zoning action within 500' of the water. That's why it went up there. FRANK BEAR: I think one important thing here is that this is not a marina but a boat basin, I understand there's a difference. THE CHAIRMAN: Yes, there's a great difference. Ail right, you get us that letter, and we'll adjourn this hearing until the next meeting. RUDOLPH BRUER, ESQ.: I'll get the names of the owners going from the north to the south, numbered, and approximatetconstruction dates, and a statement to the effect that no application was made to the D.E.C. pursuant to the Tidal Wetlands Act. THE CHAIRMAN: Well, the Wetlands Ordinance of Southold went in on June 29, 1971. RUDOLPH BRUER, ESQ.: The letter is not referring to the Town Act but the State Act. But it wouldn't apply as to the application before the Board as to the boat basin, it would apply possibly to each individual dock maybe as they were constructed. They possibly might be in violation of whatever requirements are set forth by not applying, but I don't think it applies to the decision of this Board. THE CHAIRMAN: It doesn't apply to our decision, no. RUDOLPH BRUER, ESQ.: For the record, no application has been made, that I know of, by Mr. Smith. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals ADJOURN HEARING until December 22, 1976, at 7:30 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2223 - 8: E.S.T.) upon application of Lois J. Thorp, 200 ~ Estates, East Marion, New York (Irving L. Price, Jr., ~) for a variance in accordance with the Zoning OrdinanCe III, Section 100-31 and Bulk Schedule for o set off lot with insufficient width and area. Location of property: east side.~es~ Lane, East Marion, New York, bounded on the north by T. Sic~liane; ~ast by Daly; south by ~ixon; west by West La~e. Southold Town Board of Appeals -13- December 2, 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: Mr. and Mrs. David Sharman; Mrs. Dorothy H. Dixon; Gabrielle Daly. Fee paid - ~15.00. THE CHAIRMAN: A survey dated October 26, 1976, by Van Tuyl, indicates that the subject parcel is, in general, of the same or similar size to nearby lots. Is~there anyone present who wishes to speak for this application? IRVING L. PRICE, JR., ESQ.: I have nothing to add to the application. Our reasoning is stated thereon, and I respectfully request that the same be granted. I will answer any questions or opposition. THE CHAIRMAN: Is~there anyone present who wishes to speak against this application? KERRY SHARMAN: We own property to the north. I just wondered, is this a ~ere~formality that Mrs. Thorp is before the Board or is she asking for special relief? THE CHAIRMAN: I think you'd have to regard this as a formality because any lot that's undersized, generally before it can be used or sold, has to come before this Board. Of course, there are many areas in the Town where there are undersized lots. Just because somebody sits down in an office somewhere and decides that all lots shall be 20,000 sq. ft. or 40,000 sq. ft. doesn't necessarily change the character of a district that's been here for a hundred years or so. In fact, we have one later tonight that's only about 6,500 sq. ft., but it was in single and separate ownership prior to the passing of the Zoning Ordinance in 1957. It is a formality and onR of the' things that the Board does in a situation like this is to insert conditions, in granting a variance to use a lot like this, which would protect the welfare of the Town and the neighbors. KERRY SHARMAN: Well, if you have no houseplans at this time, how would you know how much of a sideline ... THE CHAIRMAN: They're not asking for that, but we might insert it anyway. Just by was of illustration, the last hearing tonight on this 6,500' lot, they're asking f.or a 3' sideline. I think that probabiy if we grant this, the.Board wilt~ use the side- lines which were in existence at the time that the Ordinance was passed, a total of 25', 10' on one side and 15' on the other. KERRY SHARMAN: Well, that's not possible in this case, is it? Southold Town Board of Appeals -14- December 2, 1976 THE CHAIRMAN: In this case, that might have to require a little relief, but it may be that it would be better not to put a condition on it until we find out what they want, when some- body builds a house there. I don't know because this is trape- zoidal in shape, it gets narrow in the back, I don't know how narrow it is. We might be pre-judging it as ~ar as ... because relief is normally granted up to 50% for the side yard. Any other questions? ~QtS~J. THORP: May I say that we have in the deeds that they have %o be 10' from the line, that was before there was a Town ordinance. We have quite a few restrictions in our deeds. ROBERT BERGEN: One about setbacks? LOIS J. THORP: Yes. THE CHAIRMAN: This was not a filed map, was it? LOIS J. THORP: No, it wasn't. Our lawyer at the time suggested ... THE CHAIRMAN: A lot of people resisted filing maps. One of the reasons was, I guess, they thought their taxes would be increased or something. LOIS J. THORP: No, we had no objection, but the lawyer did. THE CHAIRMAN: Any other questions? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insufficient width and area, east side West Lane, East Marion, 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 immSdiate 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. Bergen, it was RESOLVED, Lois J. Thorp, 200 Gardiners Bay Estates, East Marion, New York be GRANTED permission to set off ~ot with Southoid Town Board of Appeals -15- December 2, 1976 insufficient width and area, east side West L~ne; East Marion, New York, as applied for. Vote of the Board: Ayes: Grigonis, Doyen. Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal Nu. 2221 - 8:30 P.M. (E.S.T.) upon application of Letitia Yarusso, 10060 Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-1lB D & E for permission to repair os replace existing non-conforming building. Location of property: 1470 Factory Avenue, Mattituck, New York, bounded on the north by C. R. Coutts, Jr.; east by F. Helf; south by W. Corwin; west by Factory Avenue. 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: Mr. and M~s. Theodore Andruski; Mr. and Mrs. Wilfred Corwin; Mr. and Mrs. Charles courts, Jr. Fee paid - $15.00. THE CHAIRMAN: The photostat of the County Tax Map indicates that the lot is on Factory Avenue. It's Lot %4, 50' by 148' approximately. There zs presently an existing house on the lot, we've inspected it, and a garage in the rear which is the building we're talking about. In talking this over with the Town Attorney this afternoon, we checked the Ordinance, this isn't something that comes up very often. Your use is not a non-conforming use, your use of this building existed prior to the passage of the Zoning Ordinance. QLORES YARUSSO. We have pictures to varify that. (She showed t~e PictUres to the Board.) Here's the driveway, this building is in the ~back of the driveway. You can see how close it is to the p~roperty line and the building which is in this picture has been ripped down and there is a new building further back. When .we do this cellar, we would like to move this house away from the property line and center it more. THE CHA~R/~AN: The purpose of the provision they refer to here refers to non,conforming uses. For instance, if you had a business or a gas station or a non-conforming use in a residen- tial area, that's what we think the Ordinance refers to as far as not re-building a building in e~cess of 50% of its value. This would cost more than 50% of its value. Southold ToWn Board of Appeals -16- December 2, 1976 LETITIA YARUSSO: Yes, it would. THE CHAIRMAN: Our interpretation of it was that you have a conforming use. You're in a residential neighborhood and you're using it for a conforming use, as a residence. The fact that it's on a small area is not what the Ordinance refers to, it refers to the type of use. That's a little confusing. We think that the Building Inspector is wrong as far as this being non- conforming. The area is non-conforming to the present Ordinance, but your use preceeded the Ordinance. It is a conforming use. So to make a long story short, I think what the Board should do is to grant permission to move this building three feet off the line and to%rebuild it where you want it. DOLORES YARUSSO: We have three gentlemen that would lift the building up and put the supports under it. The three of these gentlemen all agree that the beams are very rotten under this building. There is a good possibility that it may go over-when it's put up. That's why we said "re-build" because we feel these men wou!d~be in an unsafe position trying to work under this, plus the fact that it is so close to the line. Our alternative is not really that much more costly, which would be to just take it down and start again and have the men working from the bottom up in- stead of underneath something. LETITIA YARUSSO: Another thing, I don't want it too deep, just three feet deep, the cellar. Three feet under the ground. ROBERT BERGEN: Crawl space. THE CHAIRMAN: I don't think that concerns us. The point that we were centering on was whether this is a non-conforming use or not. DOLQRES YARUSSO: I think it was around 1940 that the garage was built where it was now and around 1955 or so it was converted to living quarters. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Well, the provisions in the Ordinance about non-conforming uses don't apply here. What does apply is the fact that you need side yard and rear yard variances, unless you're going to enlarge it, which you're not. DOLORES YARUSSO: Just the square footage for cellar. That would make it bigger but wouldn't change the size any. Southold Town Board of Appeals -17- December 2, 1976 (The Chairman read Article XI, Section 100-118 E of the Zoning Ordinance.) THE CHAIRMAN: But that doesn't apply to you, and the fire clause doesn't apply to you. Just as a matter of information, how long since the building has been occupied? When were your tenants in there? LETITIA YARUS~O: I was there last year and it was so cold. I tried to live there not knowing that the people that moved out ... I had moved away f~om Mattituck for four years and my daughter, too. Twice I've f~xed it only to have it ruined again. This last time when I mcved in I noticed it was sinking on one side. ation and inspection the Board finds that sts permission to repair or replace existing ding, 1470 Factory Avenue, Mattituck, New of the Board are that the non-conforming to in the Ordinance do not apply in this the applicant needs a variance to replace this ~ing the outside dimensions. The Board find that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship create~ is unique and would not be shared by all properties alike in the immediate vicinity of this property and · n the same use district; and the variance will not chanqe the character of the neighborhood, and will observe the spirit of the Ordinance. After investig the applicant reque non-conforming buil York. The findings use clauses referre instance, and that house without enlar On motion by M~. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Leti~ia[ Yarusso, 10060 Sound Avenue, Mattituck New York, be GRANTED permission to reduce side and rear yard ' setback, 1470 Factory Avenue, Mattituck, New York, as applied for, subject to the following condition: The building shall be no closer than 5' to the rear yard ~ine and the southerly side line. Also, the ~uilding shall not be enlarged. Vo~e of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2222 - 8:45 P.M. (E.S.T.) upon application of Jonathan C. Browning and wife, Little Neck Road, Cutchog~e, NeW York for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 100-30 and Bulk Schedule Southold Town Board of Appeals December 2, 1976 for permission to set off lot with insufficient area. Location of proper%y: east side Little Neck Road, Cutchogue, New York, bounded on the north by J. Kujawski; east by Strohson Road; south by W.~E. Taylor and S. W. Stepnoski; west by Little Neck 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: Mr. and Mrs. Walter Taylor; Mrs. Stankey Kujawski. Fee paid - $15.00. THE CHAIRMAN: The photostat of the County Tax Map indicates that the applicant is the owner of a lot which'is 466' on the northerly line and 453' on the southerly line, extending from Little Neck Road to S~rohson Road, 1.3 acres in size~. The width on Little Neck Road is 145' and on Strohson Road it's 115' Is there anyone present who wishes to speak for this application? (There was no response.) I donSt see anything in here that indicates how they want to divide it. I don't think the Board should attempt to divide the lot, I think that the applicant should present us with a survey showing approximate equal division as to area with the dividing line. It should appear near the middle of the lot. It is an area that's surrounded by smaller lots and it is the largest lot in the block. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was ~ESOLVED that the Southold Town Board of Appeals RESERVE DECISION on Appeal No. 2222, Jonathan C. Browning and wife, until December 22, 1976, at 7:45 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2226 - 8:55 P.M. ~E.S.T.) upon application of Lillian Qualls, Laurel, New York for a variance in accordance with e, Article III, Section 100-30 and Bulk S~hedule for permission to relocate hoUse on undersized lot. Location of property: Main Road, Laurel, New York, bounded on the north by Main Road; east by M. Sawicki; south by G. McCarthy; west by G. McCarthy. The Chairman opened the hearing by reading the application f ~ or a variance, legal notice of hearing, affidavits attesting to its publication in the official ne~papers, and notice to the Southold Town Board of Appeals December 2, 1976 applicant. The Chairman also read statement from the Town Clerk that notification by certif±ed ma~l had been made to: Mrs. Stephanie Sawicki; Mr. and Mrs. G. McCarthy-. Pee paid - $15.00. THE CHAIRMAN: The photostat of the County Tax Map doesn't show this too clearly. ROBERT BERGEN: It doesn't make any difference in this respect because they have the lot and the State is taking a portion of it. THE CHAIRMAN: Is there a copy of the condemnation in he~e? I've never seen one. ABIGAIL WICKHAM, ESQ.: I have it if you don't have a copy. THE CHAIRMAN: This formally notifies you that the State is condeming the property? ABIGAIL WICK~, ESQ.: Yes. THE CHAIRMAN: Do they pay for moving the house? ABIGAIL WICKHAM, ESQ.: They will reimburse her. (The Chairman read the condemnation.) THE CHAIRMAN: I was just curious to see how definite they were about when they'd pay you because I~ve heard these things take a long time. LILLIAN QUALLS: They said that after I signed, it would take approximately 90 days. THE CHAIRMAN: To get the money? LILLIAN QUALLS: Yes, except $4,000 or something which they will hold back for an indefinite period of time. THE CHAIRMAN: Well, I think that's outside of our problem here, but I was ~ust interested The remaining area is 32,000 sq. ft. You're lucky you had t~is much land. Anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to relocate house on under- sized lot, Main Road, Laurel, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. Southold Town Board of Appeals December 2, 1976 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 neighborho6d, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Lillian Qualls, Main Road, Laurel, New York be GRANTED permission to relocate house on undersized lot, Main Road, Laurel, New York, as applied for. Vote of the Board: Ayes: Grigonis, Doyen. Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 2225 ~ 9:00 P.M. (E.S.T.) upon application 6f the Board of Education, Greenport Union Free School District, Front Street, Greenport, New York for a variance in ac¢ordance~with the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission to set off lot with insufficient'area. Location of property: Front Street, Greenport, New York, bounded on the north by other land of appli~aR~; east by K. Peterson; south by Main Road (Route 25); west by Kalin, Jernick. 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: Jernick Moving and Storage, Inc.; Kenneth Peterson and wife; Herbert L. Kaelin and Ano. Fee paid $15.00. THE CHAI~: Is there anyone present who wishes to speak for this application? F.W. GARDINER: I think it's pretty well covered in the application~. I t~ink the simplest is ~hat we're requesting to return it to pri~ate use and get it back on the tax rolls. It is exactiy th~.Same dimensions as when we bought it. THE CHAIRMAN: How far is this from the Village limit? F. W. ~RDINER: The Village line is just along St. Agnes Hall. I 5eli~e it shows on the map. ~ Southold Town Board of Appeals -21- December 2, 1976 THE CHAIRMAN: The only reason I ask is ... I presume Green- port is very happy to do this, but I think they are supposed to be notified of this. F. W. GARDINER: The Village? We're well outside the line. THE CHAIRMAN: I know, but I think it's within 500' F. W. GARDINER: The Village line is a few feet into prop- erties that border on Sixth Street and Sixth Avenue, you've got Seventh Street and Eighth Street separating the line and the school. THE CHAIRMAN: It's probably more than 500' else who wants to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) Is there anyone After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient area, Front Street, Greenport, 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED, the Board of Education, Greenport Union Free School District, Front Street, Greenport, New York be GRANTED permission to set off lot with insufficient area, Front Street, Greenport, New YOrk, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PU~LId ~i~d.i: Appeal NO. 2224 ~ 9110 upon apPi~Ca~ion of Leo~ard MoaeleWskl, Sr'. and wife,. 416 Fifth Street, East Northport, New York for a variance in accordance Southold Town Board of Appeals -22- December 2, 1976 with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Hamilton Avenue, Cutchogue, New York; Lots 25 through 28, Ravatone Realty, Filed Map ~539. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attestinq 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 mall had been made to: Herman C. Schroeder; Edgar N. Gilbert; John C. Seiferth; Joseph A. McCormack; Ruth Wehlau. Fee paid - $15.00. THE CHAIRMAN: The County Tax Map indicates that the lots in question lie on Hamilton Avenue. LEONARD MQDELEWSKI: I have a copy of the map here. It's a photostat. THE CHAIRMAN: 50' lots by 150'. Each of the new lots would be 15,000 sq. ft. It's in an area where many of the lots are only ~bout 3/4 of that size, or smaller. I think the lot tha~you~h~v~. · s by far the largest one in the area. Anyone else Wish t~ speak for this application? (There was no response.) Anyone wish to speak against it? (There was no response.) After investigation and inspection, the Board finds that the applicant r~quests permission to divide property with insufficient area, Hamilton Avenue, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The area consists of small lots, many of which are smaller than the proposed lotS. The Board finds that strict application of the Ordinance would produce praotical difficulties or ~nnecessary hardship; the hardship created to 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 neiqhborhodd, and will observe the spirit~of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLUED, Leonard Modelewski, Sr. and wife,. 416 Fifth Street, East Northport, New York be GRANTED permission to divide property with insufficient area, Hamilton Avenue, Cutchogue, New York, as applied for. Southold Town Board of Appeals -23- December 2, 1976 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2227 - 9:20 .P.M. (E.S.T.) upon application of Rosemarie C. Burnside, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning 0rdinan~e, Article III, Section 100-35 B for permission to con- struct fence exceeding maximum height. Location of propgrty: Nassau Point Road, Cutchogue, New York; Lot ~70, Nassau Point; Map ~156. 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: Dr. and Mrs. George C. Graham; Mr. and Mrs. Victor Ales. Fee paid $15. (The Chairman read the November 15, 1976, letter from Twin Fork Fence, Inc. stating the specifications for the proposed fence.) THE CHAIRMAN: The applicant's house is at an angle to the side line which further complicates this problem. The privacy requested is ... the angle of the house reflects, the rooms on two sides of the house have a view of the neighbors? parking area from the windows. These two houses here are practi- cally on the bluff overlooking the Bay. The depth of these lots is 442.16' from Nassau Point Road, the houses being a few feet off the bluff, a considerable distance from the property line. Is there anyone present who wi-shes to speak for this application? MARIAN ALES: We sent in a map showing the contour. We are in favor of the fence, but since there's rather bad relations here~ there's some other things we wanted to find out about. THE CHAIRMAN: Mr. Bergen and I went out there ... MARIAN ALES: When did you go, because I waited all day Tuesday. THE CHAIRMAN: We were there Tuesday about 11:00. We didn't' go to your ho~se. MARIAN ALES: I thought you would come and look at my side of the fence. THE CHAIRMAN: I don't think it was necessary, we .could 'see the problem. I don't know how this affects you because she's' looking up. Southold Town Board of Appeals ~24~ December 2, 1976 MARIAN ALES: We can see her lig.k~s 'just as you .would ~ee any neigkbor~s hOUSe. THE CHAIRMAN: Herwhouse is built on at least five levels. MARIAN ALES: It goes up in a circle. THE CHAIRMAN: The kitchen is visible from your property line, then there's a bedroom over the kitchen, another bedroom, dining room, all on different levels, and every one of them on that side of the house is affected. This is kind of an unusual application, I think we had one before. MARIAN ALES: I wondered whether everyone who didn't want to look at a neighbor was allowed to put up a 12' fence. THE CHAIRMAN: That's exactly what occurred to us, but in this case where it is not going to bother you, you both agree on it, perhaps that should be the governing factor. MARIAN ALES: Did you look at the trees? One foot away? THE CHAIRMAN: I'd just as soon not get into the tree problem because that's not on the application here. MARIAN ALES: What can I do about that? THE CHAIRMAN: Trees can be plan%ed close to the line, but they're not supposed to be over 4' MARIAN ALES: Mr. Terry said 5', if it's a tree that going to be more than 6', it has to be back 5' from the line. THE CHAIRMAN: Then they'll have to move them eventually. MARIAN ALES: So what do I do? THE CHAIRMAN: You'll have.to come in here and complain about it. MARIAN ALES: I am! Oh, you mean a form. I will, because they're going to grow across the driveway and I won!t be able to put up a fence without pruning. THE CHAIRMAN: This happens all over ~own, it's something that's a little difficult to control. MARIAN ALES: Do I have to make a formal complaint? THE CHAIRMAN: I would think you'd have to, yes. So~thold Town Board of Appeals -25~ December 2, 1976 (The Board discussed a simi. lar case on Fishers Island.) ROBERT BERGEN: One good thing about this, nobody will see it from the highway. MARIAN ALES: The neighbors on the other side of me will see it also because they're higher still. ROBERT BERGEN: They're on a high level too, so it wouldn't affect them in any way. THE CHAIRMAN: And, generally speaking, there's enough trees out there so no one could see it. MARIAN ALES: In due time, I hope I can screen it with trees. THE CHAIRMAN: Actually, it's on the side away from the prevailing breeze as far as you're concerned. MARIAN ALES: I think it'll be fine for me. I'll have a windbreak and everything and I won't have to pay for it. THE CHAIRMAN: It'll protect you from the west wind. Well, I'm glad you're in agreement, Mrs. Ales. MARIAN ALES: And is there nothing that can be done about that television tower? THE CHAIRMAN: I think somebody got permission for that. MARIAN ALES: It was built by a previous owner, they are not responsible for that. I understand they can only be 18' now. THE CHAIRMAN: I think it's 35' This would be an accessory structure. I don't remember that particular tower, we've had a lot of applications, they may have applied for it. MARIAN ALES: So I have to come in again and get a complaint about the trees. THE CHAIRMAN: Yes, I think you would have to do that with one of the Building Inspectors. After investigation and inspection the Board finds that the applicant requests permission to construct 'fence exceeding maximum height, Nassau Point Road, Cutchogue, NeW York. The findings of the Board are that the neighbors, Mr. and Mrs. Ales, concurred with the reasoning of the applicant. The fence 'itself is nearly 400' from Nassau ~oint Road and probably will not create a precedent. Southold Town Board of Appeals ~26~ December 2, 1976 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not he shared by all ~roperties alike in the immediate Vicinity of this property and mn the same use distr~ct; 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. Bergen, it was R~SOLVED, Rosemarie C. Burnside, Nassau Point Road, Cutchogue, New York, be GRANTED permission to ~0nstruct fence exceeding maximum height, Lot %70, Nassau Point, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2229 ~ 9:35 P.M. (E.S.T.) upon application of Cornell Construction a/c Frank and Frances RizZo, 1823 Parkview Avenue, Bronx, New York for a variance in accordance wi'th the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient side-yard setback. Location of property: north side Soundview Avenue, Southold, New York, bounded on the north by Long Island SOund; east by Dubin; south by Soundview Avenue; west by Mulvaney. 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 t0 the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mary L. Mulvaney; Bernard Dubin. Fee paid - $15.00. THE CHAIRMAN: This lot is very narrow in width. It shows 43' on Soundvie~ Avenue but the actual width of the lot is some- thing less than that. ROBERT BERGEN: 40' THE CHAIRMAN: And the old house that was taken down, most of the pilings and so forth are left. Is there anyone who wishes to speak for this application? J. C. CORNELL: One thing that's in favor of it is that it won't be any wider than the house that was removed. It will he centered, if the variance is granted, rather than being as close as it was before. It ~as only three feet from the property line before. Southold Town Board of Appeals ~27- Decmmber 2, 1976 THE CHAIRMAN: How close do you want .to put .this? J. C. CORNELL: The house is 24' w-ide, the proposed house. ROBERT BERGEN: Eight feet on each side then. THE CHAIRMAN: That'll be better than it was before. This sketch, is this where you want to put the house? J. C. CORNELL: It'll be centered on the line, if that's permissible. THE CHAIRMAN: I think it's permissible. Do you own it? J. C. CORNELL: No, I'm just building it. THE CHAIRMAN: Are you building it on speculation or are you building it for somebody? J. C. CORNELL: I'm building it for Frank and Frances Rizzo. THE CHAIRMAN: How big is the house going to be? J. C. CORNELL: It's 24' wide and 57'10" long. THE CHAIRMAN: One of the things that wet're concerned with is the parking. This is one of the things .t2~at the County is concerned with. ROBERT BERGEN: They'll have no front lawn, they'll have to park their car there. J. C. CORNELL,~. That's where they have been parking. They were summer residents, I assmme that they're going to be permanent residents. ROBERT BERGEN: Is it going to be buil~ on a slab? J. C. CORNELL: No, there'll be a basement. THE CHAIRMAN: There's a sidewalk that runs in ther. e, a concrete smdew~lk. It looked like it Was, it ended about between 25' and 30' from the edge of Soundview.Avenue, the sidewalk ended th~e. Then I assume the old house began'at that point, is that correct? Or was it further out or was there a porch theme or something, I don't remember the old house. J. C. CORNELL: I don~t really know. THE CHAIRMAN: It really doesn't matter, ! think ~hat we've got to determine here is where you want to locate the house and Southold Town Board of Appeals ~28~ December 2, 1976 where we can loGate it suitably for the .occupants of the Town of Southold. ROBERT BERGEN: I think that the setback would have to be at least 35~. THE CHAIRMAN: One of the things they're talking about UP at the County now, I was up there yesterday, and they're talking about ... they always have new words like "visual pollution" or "aesthetic degradation". A new one they came up with yesterday was "T-shaped shunts". To identify what that means, they had some lots there where if you didn't have a T~shaped shunt - actually, it's a T-shaped parking lot - if you didn't have a T- shaped parking lot, you'd be backing out into traffic. It seems to me that provisions should be made for parking these cars off of Soundview Avenue, ~he owners' cars, in such a way that when they back out, they won't back directly onto Soundview Avenue, Which is particularly dangerous intersection, too. In other words, somebody coming off of Middle Road oomes zipping in here and if someone's backing out, he could very well hit them. It's a bad spot to back your car out of. I think one of the things the Board should be concerned with is a parking area so constructed that a guy can drive into it, turn around, park, something like that. You'd have to pave the whole front yard. J. C. CORNELL: Dubin has that. They have been using his parking lot. And if he sells his house and they no longer have permission to use it, they'll need one themselves, I grant you. THE CHAIRMAN: How many cars should ~e provide for, two? J. C. CORNE.LL: It wouldn't be any more than that. One thing that bothers me is that if they're required to put that parking lot in the front it'll cover the cesspools. THE CHAIRMAN: You're going to have to get the cars off the street. You should get them off in a way so that they don't back out on the street. J. C. CORNELL: I can do that, he'll just have to do what Dubin did, that's all. ROBERT BERGEN: They could put a garage under the house and back out. THE CHAIRMAN: That's what they do in Cincinnati, but that isn't something we can tell you to do~ what we can tell you to do ms get the cars off the road and create these parking spaces. It looks to me, the way this is located, there,s hardly ~oom to get ... this isn't the exact location you want to put tkfs, is it? There's a house located here, the old one. How does the new one compare in size to the old one? Southold Town Board of Appeals ~29~ Debember 2, 1976 J. C. CORNELL: The ne.~er one is much .longer. THE CHAIRMAN: The old hous~ was 32" long and 18' wide from what I can figure here. J. C. CORNELL: I think it was 20 '6" wide. THE CHAIRMAN: And the new one is going to be 24' x 58' Is there any reason why you can't have a 35' front yard? J. C. CORNELL: How deep is the property? I don't want to get in any trouble with the D.E.C. THE CHAIRMAN: The property is 212' deep on this side. The beach is right along here (on map). It would affect the adjoining house which is on stilts on the beach end. J. C. CORNELL: Dubin's is? I didn't notice that. THE CHAIRMAN: Yes, there's posts under the beack end on the north side. You're going to have to use posts anyway, aren't you? J. C. CORNELL: I hope not, if we can get down to virgin soil. THE CHAIRMAN: You're going to put a cellar under it? J. C. CORNELL: We want to. ROBERT BERGEN: Water won't seep in? J. C. CORNELL: I hope not, I don't want to get involved with fill in there, if you have to put fill in there, you have everybody on your neck. THE CHAIRMAN: from the road here. old house was. Well, I think it should be at least 35' That'll be a little further back than the J. C. COP-NELL: That's all right. Would that be consistent with the adjoining houses? THE CHAIRMAN: Yes. It won't be as far back as the adjoining houses. This other house to your east is much further back, about 60' back. (The Board and Mr. Cornell discussed the location of the house.) Southold Town Board of Appeals December 2, 1976 THE CHAIRMAN: I think we ought to require that it be 35' from Soundview Avenue and that a T~Skalped p'arking area be con- struc%ed in the absence efa garage. You~'re not ~going to have a garage, rlgh~? J. C. CORNELL: I don't think we could get it in there, could we? We've only got 16' THE CHAIRMAN: I guess you're right. ROBERT BERGEN: How are you going to get the T-shaped parking lot in there? THE CHAIRMAN: Some way so that the applicant doesn't back out onto Soundview Avenue. J. C. CORNELL: I'1t tell him to back in. How close can I go to the property line with a driveway? THE CHAIRMAN: You can take the driveway right up to the property line. Anyone %fish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct dwelling with insuf- ficient side-yard~setback, north side Soundview Avenue, Southold, New York. The findings of the Board are that the applicant pro- poses to place an approximately 24' by 58' house, without garage, on a lot 40' in width by approximately 212' or more in depth, running from Soundview Avenue to Long Island Sound. 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 districu; and the variance will not change the character of the n~ighborhood, and will observe the spiritiof the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED, F~ank and Frances Rizzo, 1823 Parkview Avenue, Bronx, New York, be GRANTED permission to construct dwelling with insufficient side-Yard setback, north side Soundview Avenue, Southold, NeW York, as applied for, subject to the following conditions: No portion of the house shall he closer than 5' to either side-yard property line. Southold Town Board of Appeals December 2, 1976 No portion of the house shall be closer than 35' to the property line on S~undvieW Avenue. The applicant shall provide a parking a~ea for automobiles which wilt enable the vehicles to be parked without backing out of the applicants~ propert~ onto goundview Avenue. This parking area is to Be paved with suitable, permanent material. Vote of the Board: Ayes: - Messrs: Gitlispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2228 - 10:00 P.M. (E.S.T.) upon application of Goldsmith Building and Construction, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setback. Location of property: north side Chestnut Road, Southold, New York, bounded on the north by D. Moore; east by H. Metzendorf; south by Chestnut Road; west by J. Fontina. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to i~s p~blioation in the official newspapers, and notice to the applicant. The. Chairman also read statement from the Town Clerk that on by certified mail had been made to: Henry Metzendorf; ph Fontana; Douglas M. Moore. Fee paid - $15.00. THE ~AZ~: In your reasoning in the a are several' ~h~ngs I~d like to poin~ out. You say as a .Another thing here, "the lot to the east is hoUlse to 'the w~t is located 27' from the. property line and would have a total distance of 39 between houses." That means.nothing. The house to the west, you say here it's 27~ from %he 1.ine, the guy may have some use for that land and you can't count on him maintaining this 27'. "There are other lots of this same size in the area." How big is the lot? ALFRED GOLD.SMITH: 50' by 115' THE CHAIRMAN: Has it been in single and separate ALFRED GOLDSMITH: He's owned it for at .least 10 years, I'm not sure, maybe longer than that. Southold Town Board of Appeals ~32~ December 2, 1976 THE CHAIRMAN: The propoaal is .to~ build an entire new con~ struction of 28'. by- 38~, a house'. T~t~s, just ~er th~' 850 sq. ft. minimum. ALFRED GOLDSMITH: It has a second floor ~hich~ is usable. It's a Gambrel' roof type of house which be 'has proposed which is 28' wide, it makes the second story living area about 24' THE CHAIRMAN: I assume the house is going to run lengthwise. ALFRED GOLDSMITH: Yes. There should be a survey in there, Mr. Van Tuyl put a house on thence but he put it the wrong way. I sketched over it. THE CHAIRMAN: 28' width. You have asked for a 3' side yard. ALFRED GOLDSMITH: I believe that the minimum required is 15' and 10', a combined total of 25' What Mr. Dickinson would like to do is to hold 10' on this side and 12' on this side and bring a driveway through into the back of this. THE CHAIRMAN: What I was wondering about is your request for a 3' side yard. What's that for? ALFRED GOLDSMITH: So we could go with 28' THE CHAIRMAN: But your house is going to be 10' and 12', so that will be OK, you don't need a 3' side yard. ALFRED GOLDSMITH: What we're requesting is a 3' variance. We're supposed to have 15' on that side instead of 12' THE CHAIRMAN': Oh, I see. You're only requesting a lessening of 3'. A 3' reduction. ALFRED GOLDSMITH: Yes. THE CHAIRMAN: And you expect to put it 35' from the highway. Anyone wish to speak against this application? (There was no response.) This 12', you've checked some of the big trees out there? ALFRED GOLDSMITH: Yes. THE CHAIRMAN: Because I saw one big tr~ee-t~hat,~s Pretty big that looks like ~t s right in line where you wan~ ~to. put this drzveway. You m~ght .be bette~ off .to take 8' on one side and 14' on the obher. Southold Town Board of Appeals ~33~ December 2, 1976 ALFRED GOLDSMITH: This Would be all right with us if it's all right with the Board. THE CHAIRMAN: T~e're looked to be a couple of b~g trees up there, really big, ~t'd be too bad to take them down. ROBERT BERGEN: We don't care which side the d~iveway is on. ALFRED GOLDSMITH: In other words, if it worked out better, could I reverse that and put the 8' on the west side and the 14' on the east? THE CHAIRMAN: Sure. After investigation and inspection the Board finds that the applicant requests permission to construct dwelling with insuf- ficient side-yard setback, north side Chestnut Road, Southold, New York. The findings of the Board are that the applicant expects to place a 28' by 38' residence on this property. The Board-finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created ~s 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. Bergen, it was RESOLVED, Goldsmith Building and Construction, Inc., Main Road, Southold, New York (a/c Wesley Dickinson) be GRANTED per- mission to construct dwelling with insufficient side-yard set- back, north side Chestnut Road, Southold, New York, as applied for, subject to the following conditions: The house shall be placed no closer than 8' to one side yard property line and no closer than 14' to the other side yard property line. The house shall be placed no closer than 35' to the property line on Chestnut Road. Vo~e of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion b~ Mr. ~ll±spie, se'con~ed, by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated November 4, 1976. Southold Town Board of Appeals ~34~ December 2, 197.6 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Gillisple, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated November 19, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Four (4) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.S.T.), W~dnesday, December 22, 1976, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 11:00 A.M. (E.S.T.), Friday, December 10, 1976, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 7:55 P.M. (E.S.T.), W~dnesday, December' 22, 1976 at the Town Office, Main Road, S0uthold, New'York as the time and place of hearing upon application of Richard E. Olmsted, 1050 Meday Avenue, Mattituck, New York and Rutk V. Eaas, Route 27A, Matti~uck, New-York for a variance in accordance With tke Zoning ©r~inance, Article III, Section 100~30 and Bulk Schedule for permission'to set off lot with insufficient w~dth. Location of property: Westphalia Road, Mattituck, New York, bounded on the north by now or formerly Southold Town Board of Appeals ~35~ D.ecember 2, 1976 Garelle; east by Mattituck Creek;~ soutk ~ nov .or formerly Mary MacNisk; west by W~stp~a'l~a Ro.ad. Vote of tSe Board; Apes: ~~ Messrs: ~lltisp±e, Bergen, Grigonis, Doyen. The meeting was adjourned at 10:20 P.M. (E.S.T.)  s~ectfully submitted, Secretary