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HomeMy WebLinkAboutZBA-12/10/1976 APPEAL BOARD MEMBEP.5 Robert W. Gillispie, Jr., Chairman Rober~ ~lergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board o£ Appeals -qOUTHOLD, L. I'., N.Y. 119'71 Telephone 765-9660 MINUTES Southold Town Board of Appeals December 10, 1976 A special meeting of the Southold Town Board of Appeals was held at 11:00 A.M. (E.S.T.), Friday, Decmmber 10, 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 Grigonis, Jr. The meeting was called by the Chairman ~Or the purpose of reviewing applications which have been received by the Board since the December 2, 1976, meeting at which time one (1) application was reviewed and approved for hearing on December 22, 1976. The Board also.discussed Jack Levin's proposed addition to Soundview Restaurant, which was referred to them by the Planning Board. The Board was particularly concerned with the traffic situation which would be created by this addition and the secretary was instructed to wr~te Chief Cataldo asking for information on this stretch of road. The Chairman stated that he had discussed this matter with the Town Attorney and that the Board would probably be required to grant the neces- sary variances. The application was then referred back to the Planning Board for their recommendations and site plan approval. Harold Green's application for a labor camp was not schedules for the next meeting as he had not notified all the adjoining property owners and Sfaelos Realty, who owns the property Where he wants to locate the camp, of his in- tentions. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:05 P.M. (E.S.T.), Wednesday, December 22, 1976, at the Southold Town o£Appeals SnUTHOLD, 11971 Telephone 765-9660 APPEAL BOARD MEMBERS Robert '~'. Gillispi¢, Jr., Chairman Robert Bergen Charles Grisonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals Nov~ber 4, 1976< A regula~ meeting of t:~e Southold Town Board of Appeals was he~ld at 7.30 P.M. (E.S.T.), Thursday, November 4, 1976, at the Town office, M~in Road, sou.thOld, New York. . ~here were present: Messrs: Robert W. Gillispie, Jr., Chai~n; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr.; Serge Doyen, Jr. Also present: Sherley Katz, Long Island Traveler-Mattit~ck '/~tc~n; Sam Campbell, Suffolk Weekly Times. ~JBLIC HEARING: Appeal No. 2211 - 7:30 P.M. (E.S.T.) upon application of St. Peter's Lutheran Church, Main Road iand apel.Lane,.G~eenport, New York for a variance in accordance it~ %he. ZoningiOrdinance, Article IV, Section 100-40 A (2)~ for pg~miss~o~ ~bo.construct a multiple residence dwelling ex- ceed~R~ maxim~.length. Location of property: South side iC'R~7 and east side. Chapel Lane, Greenport, New York, bounded on~{he north by CR27; east by A. Shames and the Village of GreenpOrt; south by Main Road (Route 25); west by Chapel Lane. The Chairman opened the hearing by reading the application ~ ~or a~variance, legal notice of hearing, affidavits attesting '-~0 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: Eastern Suffolk Nursing ~ome; Village of Greenport. Fee paid - $1~.00. TEE CHAIRMAN: The building is approximately 340'~ long and approximately 324' wide. It consists of six domiciliary units, each 100' x 50', with 84 total units, connected by glass corridors. (The Chairman continued reading the application and the disapproval from the Building Inspector.) Southold Town Board of Appeals -2- November 4, 1976 The County has said to us that, "Pursuant to the require- ments of Section 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: With the understanding that: (1) Public water and sanitary sewage dispgsals will be supplied by the Inc. Village of Greenport; (2) the restaurant in the domiciliary facility and the motel units will he restricted for use of residents and guests of San Simeon; and (3)consideration is given t° the widening and improvement of Chapel Lane as per Town of Southold specifications. Modification of the spatial arrangement of streets, dwellings, and parking area warrants consideration to insure a sense of community cohensiveness, continuity of internal open areas and diminished walking distance from parking areas to dwellings." We have included in the special exception conditions ~1 public water and sanitary sewage disposals will be supplied by the Village of Greenport, and the condition with respect to the domiCiliary facility and motel units, the restaurant will be restricted for use of residents and guests of San Simeon. As far as the widening of Chapel Lane is concerned, the Board was of the opinion in ~e special exception case that this would com- pound traffic difficulties at the intersection of CR27 and Chapel Lane. In the previous application, we stated that we were not in agreement with the County recommendations. I understand that the Building Inspector also thought this way, and perhaps the Town Board. Is there anyone present who wishes to speak for this application? (There was no response.) 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 construct a multiple residence dwelling exceeding maximum length, CR27 and Chapel Lane, Greenport, New York. The findings of the Board are~that they are in agree- ment with the recommendatzons of the Suffolk County'~Planning Com- mission, with the exception of widening and improving Chapel Lane due to the dangerous intersection of Chapel Lane and CR27. Southold Town Board of Appeals -3- November 4, 1976 The Board finds that strict application of the O=dinance 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; a~d the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane~ Greenport, New York be GRANTED permission to construct multiple residence dwelling/exceeding maximum length,~south side CR27 and east side Chapel Lane, Gree~port, New York (San Simeon by the Sound), as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2212 - 7:45 P.M. (E.S.T.) upon application of William~ Contrac%ing, Inc. a/c Mrs. Augustus Straussner~ Sound Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front and side yard area. Location of property: Sound R?ad, Greenport, New York, bounded on the north by Victor Brown, east by Time Structure; south by James Gannon; west by Sound 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: James A. Gannon; Victor A. Brown. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? EDWARD WILLIAMS: I don't think you can add anything to the application except that the front of her garage is not much further forward than some of the garages that are in the rear yard area now, on the street. THE CHAIRMAN: As I understand it, the garage will be 49' from the front lot line and no closer than ... what's the width of the side yard? EDWARD WILLIAMS: 42' Southold Town Board of Appeals -4- November 4, 1976 THE CHAIRMAN: Is there anyone who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission_to construct accessory building in front and side yard area, Sound Road, Greenport, New York. The findings of the Board are that the applicant has an unusually large side yard and the lot has a shallow depth. Also, placing the garage in this area would prevent the destruction Of several large trees. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Fir. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Mrs. Augustus Straussner, Sound Road, Greenport, New York, be GRANTED permission to construct accessory building in front and side yard area, Sound Road, Greenport, New York$~ as applied for, subject to the following condition: The building shall be at least 49' from the front yard property line and 42' from the southerly side property line. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC ~ Appeal No. 2208 - 7:55~P.M. (E.S.T.) George Ahlers, Builder Inc. a/c Richard and Delo~s~Prie~o, 40-32 196th Street New York for a variance in accordance with~the , Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient setback. Locatign of property: Minnehaha Boulevard and Opechee Avenue, Southold, New York, ~ounded on the north by Opechee Avenue; east by Corey Creek; south by D. Prieto; west by Minnehaha Boulevard. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication inAthe official newspapers, and notice to the applicant. The Chairman also read statement from the Town Southold Town Board of Appeals -5- November 4, 1976 Clerk that notification hycertified mail had been made to: Jean M. Lohn. Fee paid - $15.00. THE CHAIRMAN: The tax map indicates that the applicant's property is a corner lot on Minnehaha Boulevard and what would be an extension of Opechee AVenue to Corey Creek which is un- improved. It ~ppears that the applicant now mows the grass on the vacant, unimproved right-of-way which is owned by the Town. GEORGE AHLERS: There seems to be some question_~asv_to-wh~~ owns it, whether it's the Town or the Property Owners' Association, no one really seems to know. The Town Board said, well, Miss Cowan who lives on the corner there, said the only time they want to recognize the Town's rights there is when they want the branches cleaned up. So, there does seem to be some doubt as to who owns it. THE CHAIRMAN: How wide is the right-of-way? It looks like it's about 30' GEORGE AHLERS: I would guess it must be about that. THE CHAIRMAN: When we were down there, it didn't look as though you would actually have to go down to 7' on the corner. GEORGE A~LERS: I was going by the survey, and they're pretty close to the lot line as it is right now. They're back about 11' or 12' and an addition of 5' on there would reduce it down to about 7' THE CHAIRMAN: It doesn't look like it would be that much, but it depends on the width of this right-of-way. You can't tell where the property line is. ROBERT BERGEN: No one seems to know what it is. Howard Terry said 25'. THE CHAIRMAN: Is there anyone present who wishes to speak for this appl~catlon~ GEORGE AHLERS: I don't think there's much I can add to the application. THE CHAIRMAN: The applicant has the double difficulty of a small lot and two f~ont yards. Whether it's a private right- of-way or not, it's still a front yard. Anyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals -6- November 4, 1976 Does anyone wish to speak against this application? (There was no response.) The only thing I wondered about here, this is not against it, I'm just asking for information. The lot adjoining this is also owned by D~lores Prieto. Does she own this one too? GEORGE AHLERS: I think that the lot that the house is on is jointly owned by husband and wife and the adjacent lot is owned solely by the wife. After investigation and inspection the Board finds that the applicant requests permission to construct addition with insufficient setback, Mi~nehaha Boulevard and Opechee Avenue, Southcld, New York. The findings of the Board are that the applicant has a two-fold difficulty: a small lot and two front yards by reason of the adjoining right,of-way. 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 ~. Grigonis, seconded by Mr. Hulse, it was .RESOLVED, Richard and Delores Prieto, 40~32 196th Street, Flushing, New York be GRANTED permission to construct addition with insufficient setback, Minnehaha Boulevard and Opechee Ave- nue, Southold, New York, as applied for, subject to the following condition: The addition shall be no closer than 6' to the property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse~ Grigonis, Do~en. PUBLIC HEARING: Appeal No. 2210 - 8:05 P~M. (E.S.T.) upon application of Agnes Reinhart, Main Road, Peconic, New York (William Wickham, Attorney) for a variance in accordance with the-Zoning Ordinance, Article XI, Section 100-118 for permission to reinstate the nonconforming use.of the premises as a public garage. Location of property: north side Main Road, Peconic, New York, bounded on the north by L. Gozelski; east by G. Berkoski; south by Main Road; west by L. Gozelski. Southold Town Board of Appeals -7- November 4, 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: George Berkoski; Lillian A. Gozelski. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WILLIAM WICKHAM, ESQ.~ I think you people are all familiar with the location of the premises and the complex of the ware- house, the liquor store, the office, and the garage itself. THE CHAIRMAN: And an apartment. WILLIAM WICKHAM, ESQ.: Yes, the apartment over the store. It was originally built as a garage, it's still used as one with its two large bays and all, fully adaptable as a garage. For quite a number of years, I think it was used as a public garage by Montgomery and Dickerson until the County of Suffolk took it over. We would like to have it reinstated as such. THE CHAIRMAN: It appears to be about 1.1 acres. Does anyone else wish to speak for this application? WILLIAM WICKF~M, ESQ.: I might say that there's ample parking space in the front, and it's well off the road so there's no question of it being detr~imental to traffic. THE CHAIRMAN: There's an antique business in the rear, is that correct? WILLIAM WICK~A~, ESQ.: I guess you could call it "antique." THE CHAIRMAN: So there's an antique business, the liquor store, and an apartment upstairs. This will be four uses on 1.1 acres. Is there anyone Who wants to speak against this? (The~e was no response.) I assume there's no objection if the Board decides to act favorably on this and including conditions, that apply to any garage. (The Chairman reviewed the requirements of the Zoning Ordinance, Article VII, Section 100-70, Subsections4 (a-f).) After investigation and inspection the Board finds that the applicant requests permission to reinstate the nonconforming Southold Town Board of Appeals -8- November 4, 1976 use of the premises as a public garage. The findings of the Board are that it was previously used as a public garage, and such use had only recently been discontinued. 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, Agnes Reinhart, Main Road, Peconic, New York be GRANTED permission to reinstate the nonconforming use of the premises as a public garage, north side Main Road, Peconic, New York, as applied for, subject to the following conditions: The application must be approved by the Suffolk County Planning Commission. Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building. All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from any street or property line. No motor vehicle sales, used car lots, gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or a rest home. (Conditions 2 through 6 are contained in the Zoning Ordinance, Article VII, Section 100-70, Subsection B 4(a-f).) Southold Town Board of Appeals November 4, 1976 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2214 - 8:20 P.M. (E.S.T.) upon application of Catherine A. Colon, New Suffolk Avenue, Mattituck, New York (William Wickham, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide premises into two lots with insufficient width and area. Location of property: south side New Suffolk Avenue and west side Ole Jule Lane, Mat- tituck, New York, bounded on the north by New Suffolk Avenue; east by Ole Jule Lane; south by now or formerly M. King; west by now or formerly N. Addy. 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 ~ertified mail had been made to: Mrs. Christine King. Fee paid - $15.00. THE CHAIRMAN: The County tax map indicates that the appli- cant owns two pieces of property. One is 199' on the westerly dimension, 106' at the rear, 100' on New Suffolk Avenue, and 239' on the easterly dimension. The lots purchased in 1972 is 239', approximately, on the westerly dimension, 89.53' on New Suffolk Avenue tapering to 60', approximately on the southerly dimension, and 242' on the easterly dimension, with an area of 17,945 sq. ft. Is there anyone present who wishes to speak for this application? WILLIAM WICK~A~, ESQ.: I would just like to add one thing. The tax map which yo~ have before you would also show that this lot conforms ~ery favorably with those across the street which are 65, 70, 75 feet in width and have a comparable depth so the lot itself isn't out of any context, you might say, with the area, the surrounding area. THE CEAt~AN: Of the 14 lots surrounding the property, 12 of them ar~ undersized according to the 10ts diagonally down the street, a coup!~e of them are one acre. Most of them,~as you say, are 1/3 acre, 1~4 acre, 1/2 acre, not many of them are as large as the proposed division. Anyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals -10- November 4, 1976 Does anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide premises into two lots with insufficient width and area, south side New Suffolk Avenue and west side Ote Jule Lane, Mattituck, New York. The findings of the Board are that 12 out of 14 of the surrounding lots are undersized, and the division would be in keeping with the character of the area. 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 sam~ use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Catherine A. Colon, New Suffolk Avenue, Mattituck, New York be GRANTED permission to divide premises into two lots with insufficient width and area, south side New Suffolk Avenue and west side Ole Jule Lane, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Gri~onis, Doyen. PUBLIC HEARING: Appeal No. 2213 - 8:30 P.M. (E.S.T.) upon application of Louis V. and Ruth L. Schmidtchen, Main Road, East Marion, New York for a variance in accordance with the Zoning OrdinanCe, Article III, Section 100-30 an~ulk 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. The ~ka~rman opened the hearing by ~eading the application for a variance, legal notice of hearing, affidlv±ts 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: Clara Rackett; John Henry Billman. Fee paid ~ $15.00. (The Chairman read letter from Clara Rackett indicating that she has no objection to the application.) Southold Town Board of Appeals -11- November 4, 1976 THE CHAIRMAN: The applicant has enclosed a survey, dated August 28, 1956. I think that the house you are in now is not the way it's designated on this survey. This is a 1956 survey. Is this your lot here? LOUIS SCHMIDTCHEN: Yes. That's the way Mr. Van Tuyl gave it to us at the time. ROBERT BERGEN: T~is garage is very close to the house on here. THE CHAIRMAN: Was there an old fence on the property when you bought it? RUTH SCHMIDTCHEN: Yes. That's the house there, on the survey. THE CHAIRMAN: This is your house, that you built there? RUTH SCHMIDTCHEN: No, it's an old house, we live in it. It's right on the road and I can't sleep all night; I have to get away from the road, it's ao noisy. It's right on the Main Road. THE CHAIRMAN: Well, the Billman house ... LOUIS SCHMIDTCHEN: That's next door to us. THE CHAIRMAN: It's directly west. You own the adjoining house? RUTH SCHMIDTCHEN: Right. Our property goes behind Billman's. THE CHAIRMAN: Doesn't your house parallel the road? LOUIS SCHMIDTCHEN: It faces the road. THE CHAIRMAN: Do you have ~his-much room in the side yard? It didn't look to us as though you had any side yard. We thought the garage was practically touching the line. ROBERT BERGEN: Is that the line? Two hedges? RUTH SCHMIDTCHEN: Yes, there are two hedges. LOUIS SCH~IDTCHEN: There's a hedge in front of the house. ROBERT BERGEN: On the west side it just comes in front of the garage, maybe a little further. LOUIS SCHMIDTCHEN: Well, there's a marker on the wesu side of the hedge. $outhold Town Board of Appeals -12- November 4, 1976 ROBERT BERGEN: Oh, it's on the west side. In other words, the driveway next door is probably on your property. Those big trees are all on your property? LOUIS SCHMIDTCHEN: Yes. ROBERT BERGEN: We thought they were on the line. But you won't have enough room to have a right-of-way outside that garage, will you? RUTH SCHMIDTCHEN: We!ll have the right-of-way on the other side of the house. THE CHAIPd~AN: You have 14' there, right? LOUIS SCHMIDTCHEN: I don't really know. THE CHAIRMAN: That's what it says here, but I don't believe this sketch. I don't know what happened when they drew this house. RUTH SCHMIDTCHEN: I have an older one here with no,house. THE CHAIRMAN: Alright, where's your house on that one? (Mr. and Mrs. Schmidtchen discussed with the Board the location of the house.) THE CHAIRMAN: How do you propose to divide the property? RUTH SCHMIDTCHEN: We own the whole thing, and we weren't concerned with ... THE CHAIRMAN: Because you can't have two houses on one lot. RUTH SCHMIDTCHEN: We're not concerned with dividing it, what we wanted to do was build down here (on map). My daughter and my mother live with me, so I figure this is enough in the house, but for retirement purposes ... See, this is high here and it goes gradually down to the Lake. We'd like to build up on this little spot right here (on map). ROBERT BERGEN: You have to divide the property. You can't build two houses on one lot. RUTH SCPLMIDTCHEN: Even if you own the property, you have to divide it? ROBERT BERGEN: Yes. FRED EULSE, JR.: ~ow far back from the Lake do you have to be before you can build? Have you planned that out at all? Southold Town Board of Appeals -13- November 4, 1976 RUTH SCHMIDTCHEN: No. I don~t want to dream about a re- tirement house if I can't have a variance, if I can't build the~e. THE CHAIRMAN: Well, what I suggest, you're not going to do this in the next four weeks, are you? LOUIS SCH~IDTCHEN: No. THE CHAIRMAN: What I suggest is that we adjourn this hearing until the next meeting, December 2 at 7:30, and you can decide then, you will have to divide this lot, you don't have to sell it, but you have to ascertain a division. LOUIS SCHMIDTCHEN: Actually, as it stands, we could probably have an acre here if we d~vided it up far enough. THE CHAIRMAN: I don't think there's enough land there to make an acre. FRED HULSE, JR.: How much land is there altogether? RUTH SCHMIDTCHEN: It's just short of two acres. LOUIS SCHMIDTCHEN: I think it's about 1.8 acres. THE CHAIP~AN: It's 1.1 on the County Tax Map. I think the Board would look favorably on this, but I think you should designate how you want to divide this. (The Sckmidtchens and the Board discussed the division of the property.) LOUIS SCHMIDTCHEN: OK, we'll try to work something out for the next meeting. THE CHAIRMAN: Is there anyone here who wishes to speak against this application? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Appeal No. 2213, Louis V. and Ruth L. Schmidtchen, be CONTINUED on December 2, 1976, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2215 - 8:45 P.M. (E~S.T.) upon application of Doris Carpenter, 3140 Peconic Bay Boulevard, Southold Town Board of ~ppeals November 4, 1976 Mattituck, New York (William Wickham, Attorney) for a variance in accordance with the Zoning O~dinance, Article III, Section 100-3~ and Bulk Schedule for permission to divide property with existing buildings. Location of property: south side Peconic Bay Boulevard, Laurel, New York, bounded on the north by Peconic Bay Boulevard; east by now or formerly H. and F. Maxson; south by Peconic Bay; west by now or formerly H. C. Young. 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: Arch Davids; }~rs~ Albert D. Crabtree. THE CHAIR~N: The photostat of the County Tax Map indicates that the applicant is the owner of approximately 66,000 sq. ft., 1.4 acres with 151' on Peconic Bay Boulevard at an acute angle to the Boulevard. Approximately half way to Peconic Bay, the lot is 170' in width at right angles to the side lines, and the total length is probably ... on the northeasterly side it's 635' plus 301', totaling 936'. No, it's 635' total in length, with 600' on the westerly side running to Peconic Bay. A one-story, framed house is located approximately 33-1/2' from Peconic Bay Boulevard. Also, a framed garage is located about 310' from Peconic Bay Boulevard. Is there anyone present who wishes to speak for this appli- cation? Before that, I would like to mention thatladjoinimg this property, Whic~ they propose to divide, is a lot which has 76' on Peconic ~ay!~ou'i~vard and it's about the. same length, 588'. That's on ~he west. There's a similarly shaped lOt, 1Cng and narrow, on the ~northeast. In the area, there are a number of considerably smaller lots within 200' or 300' of this one. Is there anyone present who wishes to speak for this application? WILLIAM WICKHA_M, ESQ.: I would likei to add one further statement. Your ~p might indicate that there is a considerable difference in the size. of the two lots, one havi~g.26,00O sq. ft. ft.. I want to show Y0~ the original prop the d~viding line §o~th of the framed, building. Mr~ Carpenter, who is here, is an engineer and has added SOme of his own work on here. If we had ~he line here (on map), the top Of the bank is here and it's really too small an area for building a residence, so therefore, on our second-pro- posal, we put the line here in order to have the upland more equally divided. Then we have beach area for the use of the resident up here, just for the beach area, not on the bank. THE CHAIR~AN: A right-of-way. $outhold Town Board of Appeals -15- November 4, 1976 WILLIAM WICKHAM, ESQ.: This will be a right-of-way to this parcel, and then this will be a footpath only to the beach. THE CHAIRMAN: Is there a cottage on this property? o~ is that the garage? WILLIAM WICKHAM, ESQ.: That garage is sor= of a garage and shop. THE CHAIRMAN: It's not used as a cottage in the summer? WILLIAM WICKHAM, ESQ.: No. THE CHAIRMAN: Have you got D.E.C. approval on this yet? WILLIAM WICKHAM~~ ESQ.: No, we realize that we have to do that, but we came to you first. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? MRS. ALBERT CRABTREE: I'm the neighbor onl~the west, and I don't have any objections. I'm interested in what would be built on it, but I don't think that has anything to do with this. THE CHAIRMAN: I don't think so, because, as I understand it, Mr. Wickham's client will probably want to se~l this property to someone else. The area averages less than 40,000 sq. ft.. I think the last time we did this on Peconic Bay Boulevard, the Planning Board threatened us with something or other, but it seems like a reasonable application to me. Does anyone else have any questions? (There was no response.) After invel and inspection, the Board finds that the permission to divide property with existing buil~ings~ south Peoonic Bay Boui~vard, Laurel~, New York. The findings of the Board are that the applicant has allocated, zn the diViSion Of the property, 26,000 s~. ft~ to the road lot and 39,000' to.the water lot, approximately dividing the upland, which is a reasonable division in the Board's opinion 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 alikein the immediate vicinity of thiS property and Southold Town Board of Appeals -16- November 4, 1976 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, Doris Carpenter, 3140 Peconic Bay Boulevard, Mattituck, New York be GRANTED permission to divide property with existing buildings as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2217 - 9:00 P.M. (E.S.T.) upon application of William Beebe, Builder a/c Walter Schwendt, Nassau Point Road, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lots 24, 25, and 26, Map of Nassau Point Properties. 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: Nancy A. Gilles; Basil D'Emo. THE CHAIRMAN: The application is accompanied by a photo- stat of the County Tax Map. The applicant owns three lots with total acreage about three acres. The adjoining lot to the north is two acre~; largely single ac~e lots to the east. Is there anyone present who wishes to speak for this application? WILLIAM BEEBE: I'm here to represent Mr. Schwendt, he's in Maine and he asked me to represent him. THE C~IRMAN: Is there any particular reason why the garage is located exactly the way it is? I know the whole place is fenced witk, it appears to be a 6' fence. What's the reason for the fence, dogs or something? WILLIAM BEEBE: They did have dogs years ago, but no more. They do have a swimming pool there, so they fenced the whole place. THE CHAIRMAN: The garage will be back 25' from Nassau Point Road, and the house is back, probably, 300' WILLIAM BEEBE: The house is back 150' from the road. Southold Town Board of Appeals November 4, 1976 TEE CHAIRMAN: People to the north have a garage in the front yard area. We were out there with the Building Inspector and he indicated that this is about the same setback that they have. 25', that seems pretty close. ROBERT BERGEN: Could they have that 35'? WILLIAM BEEBE: They could have it more than that. That's what I told them when I made it out, they should have at least enough to park cars in front of it. ROBERT BERGEN: Well, you're not ~oing to have the driveway coming from the road to the garage. WILLIAM BEEBE: No, it's in case somebody else ever wanted to have the driveway come in from the $oad~to the garage. ROBERT BERGEN: I thi~k you ought to have it at least 40' back. TEE CHAIRMAN: I should think you'd have it back 50' The front yard setback is 50'. This is putting an accessory building closer than the front yard setback for a house. I think the 10' to the side line is alright. Does anyone else wish to speak? Anyone against? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct accessory structure in front yard area, east side Nassau Point Road, Cutchogue, New York. The findings of the Board are that the applicant does have a hard- sh&p in that the legal rear yard is unusable, consisting of a bluff facing the east overlooking the Bay. 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 mn 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. Eulse, it was RESOLVED, Walter Schwendt, Nassau Point Road, Cutchogue, New York be GRANTED permission to construct accessory building in front yard area, east side Nassau Point Road, Cutchogue, New York, as ~pplied for, subject to the following cohditiOn: Southold Town Board of Appeals -18- November 4, 1976 The proposed garage shall be no closer than 50' tocthe front yard lot line and no closer than 10' to either side yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2216 - 9:05 P.M. (E.S.T.) upon application of Millwood H~es, Ltd., 122 Orleans Lane, Jericho, 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 setback. Location of property:. east side Nakomis Road, Southold, New York, bounded on the north by other land of applicant; east by C. Nelson; south by A. Kwasnik; west by Nakomis Road. Mr. Robert W. Gillispie, Jr., Chairman, excused himself from this hearing. Mr. Fred Hulse, Jr., served as Acting Chairman. The Acting Chairman opened the hearing by reading the appli- cation for a v~riance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Th~ Acting Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Charles M. Nelson & wife; Adela Kwasik. Fee paid - $15.00. ACTING CHAIRMAN: Is there anyone who would like to speak in favor of this application? SAUL MILLMAN: I would. As a matter of practice, I generally ask for an ex%fa foot of setback on the survey stakes; unfortunately, this time I did not get the extra foot. They set the setback on the main part of the house on this line, and they did not take into account the one-foot projection on the garage. ROBERT BERGEN: You didn't have an inspection on the founda- tion either. SAUL MILL~AN: Yes, we did. ROBERT BERGEN: And they didn't find it out then? SAUL MILLMAN: It was inspected before we backfilled. ACTING CHAIRMAN: Anyone else have anything they'd like to say in favor of this application? (There was no response.) Southold Town Board of Appeals -19- November 4, 1976 Is there anyone opposed? (There was no response.) Well~ it seems to me that, although this is an error which is directly relatable to the contractor, the foundation inspection should have picked it up. I believe that in view of recent court decisions and things like this, that the variance would be in order in this case. After investigation and inspection the Board finds that the applicant requests permission to construct dwelling with in- sufficient setback, east side Nakomis Road, Southold, New York. The findings of the Board are that the courts, in similar cases, have ruled in favor of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created iH 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Millwood Homes, Ltd., 122 Orleans Lane,-Jericho, New York be GRANTED permission to construct dwelling with insuf- ficient setback, east side Nakomis Road, Southold, New York, as applied fo~. Vote of the Board: Ayes: Doyen. Messrs: -Hulse, Bergen, Grigonis, PUBLIC HEARING: Appeal No. 2220 - 9:2.0 P.M. (E.S.T.) upon application of Earl and Elizabeth Kees C~ Road, Southold, New York and Founders Homes, Inc Road~,. Southold, N~w York ~RUdolPh Bruer, Attorney) for in accordance with the Zoning OrdinanCe, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: north side Main Bayview Road, Southotd, New York, bounded on the north by J. A. Abraham; east by M. Dickerson and Sons; south by Main Bayview Road; west by T. Eiring. The Chairman opened the hearing by reading the application for a variance, legal notice of hea~ing, affidaVitS attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk Southold Town Board of Appeals -20- November 4, 1976 that notification by certified mail had been made to: J.A. Abrahams; Walter Nosk; Mahlon Dickerson; Mr. and Mrs. L. Liso. Fee paid - $15.00. THE CHAIRMAN: The proposal is to ... RUDOLPH BRUER, ESQ.: The proposal is to give this 20.16' to this lot here (on map). THE CHAIRMAN: Who owns this lot? RUDOLPH BRUER, ESQ.: It's m~ understanding that it's been sold or transferred to Founders Homes. Founders Homes, which is the owner of this~ is transferring to its sole stockholders, Mr. and Mrs. Liso. This was titled as being sold to Founders Homes. It's ~onconforming. ROBERT BERGEN: Well, they're swapping half to make it a little wider here. (The Board and Mr. Bruer discussed the location ownership of the lots.) RUDOLPH BRUER, ESQ.: When this was divided, it was cut up in such a way so that it met the requirements of the Ordinance as it was prior to December of 1972. I guess that's the only reason it was left that way. What we're doing is really evening this up. We're creating an additional 20' of road frontage on this a~d squaring this up. I think it would be more in the spirit of the Ordinance. In other words, if you denied it, they still would have one house here, it would be an unusable back yard here, with 20' less road frontage. FRED HULSE, JR.: You'd have exactly the same. RUDOLPH BRUER, ESQ.: We're not going to add any other dwelling to that, won't increase the density of the area. THE CHA~: Anyone else wish to 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 applicants request permission to change property lines, north side Main BayvieW Road, Southold, New York. The'~findings of the Board are that the lots to be created will be more usuable than the ones that are there now. Southold Town Board of Appeals -21- November 4, 1976 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would net be shared by all properties alike in the immediate vicinity of this property and · n the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED, Earl and Elizabeth Keesler, Colonial Road, Southold, New York and Founders Homes, Inc., Main Road, Southold, New York be GP~NTED permission to change lot lines, north side Main Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2219 - 9:30 P.M. (E,S.T.) upon application of Ernest E. Wilsberg, Ole Jule Lane, Mattituck, New York (Gary 01sen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: south side Ole Jule Lane, Mattituck, New York, bounded on the north by Ole Jute Lane; east by W. E. Miller; south by Zebroski; west by H. & E. Wilsberg. 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: Harold Wilsberg; Julius Zebroski; Mr. and Mrs. W.E. Miller. Fee paid $15. THE.CHAIRMAN: The application is accompanied by a survey made for Ernest Wilsberg~ Mattituck, New York, dated March 31, 1971 by Van Tuyl, indicating that these two lots adjoin each other on Ole Jule Lane. One is 100' on Ole Jule Lane and the other is 72' They extend a distance of, on the westerly line, approximately 336' inaluding land under water and to a private rO~d On the Southwest, which would give an area of about 30,000 sq. ft. on the westerly lot and slightly less than that on the easterly lot. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: As indicated in the application, Mr. Wilsberg sub.titled two parcels on Ole Jule Lane with two separate deeds a~d, as I understand it~ he's receiving two separate tax bills. Of course, as you know, if he had taken title in two separate names, we wouldn't have to be here today, but due to the fact that the same names are on the deeds, even though it SoutholdQTown Board of Appeals -22- November 4, 1976 was two s~parate parcels there is a technical merger of title between the two pieces, thereby necessitating this variance. Each parcel will run across through the creek to a small piece on the other side near a private road. Each parcel, as yoU've indicated, will be well over 1/2 acre and will have 90' on Ole Jule Lane, and will be in keeping with the general size and sha~e of the other parcels in the community. By not granting the vari- ance, he would be forced to have an oversized parcel for the com- munity. THE CHAIRMAN: Do all of the parcels run across that dredged creek? GARY OLSEN, ESQ.: I don't know, quite frankly. THE CHAIRMAN: I don't think it matters particularly, I was just wondering. GARY OLSEN, ESQ.: The parcel on the other side of the creek would not, of course, be a usuable parcel for anything other than this. Even the pieces on the northerly side of the canal would be, by themselves, at least 1/2 acre. THE CHAIR~N: The County Tax Map indicates that this division would be appropriate to and conform to, and in some cases, exceed the surrounding lots on either side of the street. Many of the ones on the other side of the street are smaller than th~s pro- posed division. Anyone present wish to speak against this application? Any questions? (There was no response.) One of these is vacant, right? ROBERT BERGEN: They both are~. After investigation a~d inspection the Board finds that the applicant requests permission to divide property with fnsUfficient Width and area, south side Ole Jule Lane, Mattituck, New-York. The findings of the Board are that this lot division would be entirely suitable and comparable to the size of other lots in the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -23- November 4, 1976 On motion by Mr. Gillispie, ~econded by Mr. Bergen, it was RESOLVED, Ernest E. Wilsberg, Ole Jule Lane, Mattituck, New York, be GRANTED permission to divide property with insufficient width and area, south side Ole Jule Lane, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2218 - 9:35 P.M. (E.S.T.) 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 two lots with insufficient width and area. Location of property: Wood- cliff 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 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: Borg Espensen; Mr. and Mrs. Frank Steele; Mr. and Mrs. Richard Bassford; Charles Koehler; Mary Gudson. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a sketch indicating that the lot with the house on it is approximately 100' from Woodcliff Drive and ... maybe you'd better describe this, Gary. GARY OLSEN, ESQ.: The piece in question is 200' THE CHAIRMAN: Oh, this is just a little additional informa- tion here. Does anyone wish to speak for this application? GARY OLSEN: As the application indicates, we wish to divide a parc?l of approximately an acre, actually'it's a little over an acre, it has 206.09' on Woodcliff Drive, it runs back 208.35', We wish to create two equal parcels having frontage on Woodc~ff Drive of 103' eack. Each parcel created would be slightly over 1/2 acre apiece. The parcel to the eastr directly to the east, has a house on it which is going up now, that's roughly a 1/2 acre piece, and to the east of that is another piece that's roughly 1/2 acre. This is down in Browers' Woods, and the community varies somewhat. There are a number of pieces down in that immediate Southold Town Board of Appeals -24- November 4, 1976 area that are only 75' on a road running back approximately 150' deep. There are other parcels down there where people have picked up two or three lots, so it varies, but I think the average size of 1/2 aore would be fair. This would be generally in keeping, if the variance were granted, with the rest of the parcels in the community as far as size and shape are concerned, and to deny the variance would mean that the applicant would have a practical ~a~d~ ship in that-he would have an oversized piece for the community. THE CHAIRMAN: Was this plot one piece? GARY OLSEN, ESQ.: Yes, it was. THE CHAIRMAN: Anyone else wish to speak for t~is application? (There was no response.) Anyone wish to speak against this application? WILLIAM RUPPRACHT: I have property adjacent to this piece. They said that the lots they want to break it up to, a half acre apiece, would be generally in line with the rest of them. I happen to be right along side, I have two ~nd_a.~-hatf, almost three acres. THE CHAIRMAN: You're to the south? WILLIAM RUPPRACHT: To the west. Not only that, there are some other considerations about that piece of property. It is not level by any means, as a matter of fact, it is very, very steep, and diggzng into the hillside there is going to create some tremendous erosion problems. THE CHAIRMAN: Well, I imagine that those erosion problems will be applicable to the lot that's divided, but it won't bother you. WILLIAM RUPPRACHT: Well, that's ~ot~-quite-~ue,~un~ess some very large retaining walls are built, they will bother me, actually. THE CHAIPd~N: Is this property below yours? WILLIAM RUPPRACHT: Yes, it's lower. THE CHAIRMAN: In other words, the water's not going to run onto your property. WILLI~ RUPPRACHT: I!m talking about erosion, I'm talking about once they start digging, my property will start running down onto their property. Southold Town Board of Appeals -25- November 4, 1976 THE CHAIRMAN: What's the plan for this property, Gary? GARY OLSEN, ESQ.: I believe Mr. Slaga wants to b~ild a house for a member of his family. EDWARD SLAGA: There are two boys, and both of them want to build. THE CHAIRMAN: Each of them want to build here in spite of the fact that there's a problem. EDWARD SLAGA: I don't think there's any problenU. THE CHAIRM3UN: Well, you like the lot. EDWARD SLAGA: As a matter of fact, I built on one that had a condition there to a degree, we corrected it, and it's fine. MARTIN FILLA: I live across the street from this property. I disagree with that statement. I think Mr. Steele could ... THE CHAIRMAN: Just a minute. If you want to present an objection, address it to me. Otherwise, we'll have a brawl here. MARTIN FILLA: I'm sorry. Everytime I go by that piece of property, I go by there every day, and I noticed that everytime there's a heavy rain, I've seen a hell of a big puddle of water where there used to be a natural drain. I see that the water is building up and it's given to erosion already, from Mr. Steele's property. That's all I have to say at the moment. THE CHAIRMAN: Did you want to say something, Mr. Steele? Yes, my only concern is not so much the intent of the prop but I feel that, at this point,in time, my own house is the piece of property next door. I have been told by innumerable realtors that because the parcels are so small, I have not been able to sell my home. I also think it's ecologically unsound. I feel that it is a natural waterway. I had to call ~he Highway Department when Ed was putting up the new house to be sure that, atlleas~ in front of my place, there would be adequate drain- age. They put in, although it's not ideal yet, Eddie hasn't com- pletely taken care of that part yet. THE CHAI~N: Where would the drainage be placed? FRANK STEELE: Down on the front of the road. It's between our two lots right now where the existing houses are. ROBERT BERGEN: What's your lot, 157 Southold Town Board of Appeals -26- November 4, 1976 FRANK STEELE: It's this one here (on map). MARTIN FILLA: It's east of the property. FRANK STEELE: The drainage is here, there's a natural waterway all through this gully. BORG ESPENSEN: That entire piece of property is a natural drain. How did they ever close that up? THE CHAIRMAN: I don't know, I'm not aware of what the development history of this property is. You people, in general, object to drainage problems that are being created for you by the existence of this piece of property, whether he does anything to it or not. That's the basis of the objection you've got here now. WILLIAM RUPPRACHT: No, that isn't all. He owned the prop- erty where Mr. Steele's house is. He had that lot split, that was one acre and the area's zoned for one acre. THE CHA!~N: YOU see, you can zone one ~cre for five acres or ten acres~ ~ Un an area like this, you ha~e to go by the ' izes. It sounds great tO ha~ the newspapers print, did, "We're zoned 38,0001 acres, two acre zoning." That beautiful for the p°liticians, ~ut guys like us~ with these small developments that started 100 years ago, or ; Or 30 years ago. These were r~eally small here, these are 1/~ e. What he's proposing is 20,000 sq~ ft., which was legal in our TOwn up until 1971. The only way that our lots became enlarged, there's no way to enlarge a small lot, was by reason of the Health's prohibition against, first, using less than 20 ft. of a subdivision lot, and then less than 40,000 sq. ft. of a subdivision lot, which is COunty wide, but in every town of the ~ten towns, we have a situation where part of the town, usually the older part, are 1/4 acre or 1/3 acre. I think there's some'further up the County that are less than 1/4 acre. In fact, in some ~owns to the west, you can have a multi-family house on a 1/~ acre lot, there'd be no room to park the cars. I'm trying to correct your impression that because somebody passes a law~, that you can automatically make everything 40,000 sq. ft., you can't, and that's one of our problems here. WILLIAM RUPPRACHT: What I wanted to say wasv it was all acre property except my piece of property was 3/4 of an acre. He broke up half of that one acre of his to build a house. Now he wants to break two more acres, another acre and make it into half acres. The property next to him, across the street, all aroUnd were acres except mine, until he started breaking them up. His own property was an acre. Southold Town Board of Appeals -27- November 4, 1976 THE CNAIRMAN: This is common all over the United States. Anyplace you can do it, they do it. We have to go by what the courts have preliminarily determined in situations like this. We would not be justified in denying this application, in my opinion, because of the size, because the surrounding area is as it is. GARY OLSEN, ESQ.: May I ask the gentleman to ~dentify himself fo~ the record? (Mr. Ruppracht did so.) And also, if he would tell the Board what the size of his lot is. WILLIAM RUPPRACHT: 75' x 236' GARY OLSEN, ESQ.: I point out to the Board that this is just about the size we wish to create. THE CHAIRMAN: It's about 15.000 sq. ft., and these lots here that he's talking about would be 20,000 sq. ft. You're not ob- jecting on the basis of size so much ... you're trying to tell somebody else what to do with their property. MARTIN FILLA: I'd like to ask Mr. Olsen a question. THE CHAIRMAN: Yes, through me. Address it to the Chairman. MARTIN FILLA: He gave a description of the property, the depth and the width. Now, in building the house, how many feet is he allowed from the highway? THE CHAIRMAN: The setback line would be determined, probably in that area, by the setback of the adjoining houses. MARTIN FILLA: So, in that case, he can build it right on the highway. THE CHAIR/WAN: No, it'll probably have to be back about 35'. That would be my guess. BORG ESPENSEN: I do fe~l that Mr. Filla's house, also, is pretty near an acre. MARTIN FILLA: I'm a full acre. BORG ESPENSEN: He's directly across the street. I'm adjacent to him and I'm almost three acres. Some of the other people in the area have two acres. Right down the street theme's two that Southold Town Board of Appeals -28- November 4, 1976 are at least an acre and a half, maybe two acres. If you want to go far enough away, QK, theY're small. I don't know how far away you ~ant to go. THE CHAIRMAN: Nobody has ever determined just what constitutes a neighborhood. We've discussed it here with 500' on the same side of the block, but in general we go by both sides of the road. But if the area being developed is already in small lots, it's pretty hard to sustain a deniel. What I suggest is that we consider all your objections and we'll try to find out what could have been done as to drainage there. FRANK STEELE: I'd just like to ask a question, I'm kind of green at this. The division, it doesn't primarily concern you, but once that happens, if you grant the variance, is the owner of the property then responsible to adequately see that, from an~ ecological standpoint again, that the drainage, the erosion, and what have you, is taken care of? THE CHAIRMAN: Normally, in a subdivision, the Planning Board is involved in drainage problems'and I know there are cases where they have required interior drains on property. Whether that's legal or not, I don't know, but I do know that as far as the County is concerned, the County is very much concerned with not draining water onto a County highway. This is not a County highway. I'm not sure this property would be considered to be draining on a Town road. ROBERT BERGEN: I don't see how it would because it's way low. BORG ESPENSEN: What is occuring here is that the road is draining onto the property. This is where the erosion is taking place. THE CHAIRMAN: Frankly, I don't know the answer to this, I'd like tO ~explore it further with the Town Abtor~ey and anybody else I Can get .to help the Board. I think we should reserve decision on this ~tii- the next meeting. I can telI ~ou that we would not be permitted to de~y this on the basis of the size. These two lots to be create larger than many other 10ts in the area. ~opog- a little different. Some subdivisions are re- water within their own boundaries. It's never been to clearly established what a subdivision is. When you make one piece into two pieces, it probably is, but, of course, normally the Planning Board considers four or less lots as a minor subdivision and more than four is a major subdivision. They do, by law or their own regulations, ha~e some effect on water drainage within the line. It may be that we can require something be done by. referring this to. the Planning Board. Southold Town Board of Appeals -29- November 4, 1976 CHARLES GRIGONIS, JR.: Somebody would have to check the site plan. MARTIN FILLA: You need engineers down there to really study the terrain, it's a terrain to me, not a lot. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERVE DECISION upon application of Edward and Justyna Slaga until December 2, 1976, at 7:40 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2209 - 10:00 P.M. (E.S.T.) upon application of Henry J. Smith, Robinson Road, Peconic, New York (Rudolph Bruer, Attorney) for a special exception in accord- ance with the Zoning 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 opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Tow~ Clerk that notification by certified mail had been made to: Franklin Bear. Fee paid - $15.00. (The Chairman read the September 28, 1976, letter from Howard Terry to Henry J. Smith.) THECHAIRFakN: The application is accompanied by a sketch indica~in~that Henry Smith has siz docks in %his'bo~t basi~. There's ~no date ~on this. A lot of questions are raised by this letter of Mr. Terry's and I'm not sure that everything that he said is valid or exactly what we can do to help straighten this out, but it appears that many years ago, when Henry' smith developed th~s property, it was a creek bed, and he owns across the bottom, which is different from the usual situation. I'm not sure what permission you might have needed in the early days of zoning, I don't think you would have needed much. HENRY SMITH: I asked Let, at the time Let was the supervisor, "Go ahead." That's as far as I want. and he said, Southold Town Board of Appeals -30- November 4, 1976 THE CHAIRMAN: But the questions that arise as far as pro- cedure is concerned, as far as this Board is concerned, we just happened tb be tagged first, or have you been to another board? RUDOLPH BRUER, ESQ.: We went to the Trustees this past Monday night. Welre scheduled to appear before the Town Board on the 9th. That's on the wetlands application. I'd like to give you a little background. What happened was, we had that hurricane recently and it aggravated the situation where water would come down into this subdivision, would come right down on this roadway, and would come into here and create an open ditch. I've been told that grown men could stand up to here (neck high) and this water just washed away the dirt. Upon complaint of the residents of the area, Mr. Smith went in there and built this 4' by 8' precast leeching basin with an overflow, you know, when it overflowed, it would have to go into the creek. THE CHAIRMAN: This is a road to nowhere, and if it eroded, who is going to suffer? Do some of these people have a right-of- way to use this beach? HENRY SMITH: They all have. The development has the right to use that. THE CHAIRMAN: HENRY SMITH: THE CHAIRMAN: HENRY SMITH: THE CHAIRMAN: HOW many are in the development? I guess there's about ten houSes in there. Ho~?many do you propose to develop eventually? I guess 22 or 24. All these people hay& seme. rmghb: to.~,.thls here? RUDOLPH BRUER, ESQ.: Yes. This is a copy from the filed map. You'll see that there is what is called a proposed basin, which, as you suggested, the~e was an end of the creek there. What he did back in '65, '66~was that this was dredged out and the boat basin as you see here was created. What has happened in that letter of September 28 that you read as to the Town Trustees the Building Inspector is suggesting, in his letter, that Mr. Smith had not, at any tim~, gone Go the Town Trustees and asked their permission to do this. Without conceeding their right to rule on this, Mr. Smith, just to go along witk things, assuming that you had a jurisdiction on it... THE CHAIRMAN: Do they or don't they? I don'~t think they do. RUDOLPH BRUER, ESQ.: Where's a question on it, but we have taken the position that they don't. Southold Town Board of Appeals -31- November 4, 1976 THE CHAIRMAN: I own some property ~n the water and the Town Trustees qave permission to a guy to stake out boa~s. We realized that once they started, we'd have 100 boats out there, so we asserted our rights to the bottom which we thought we owned and it was suggested that the Trustees no longer should grant permits for stakes on somebody else's bottom. This apparently is the applicant's bottomland. We're talking about something just a little ~if~erent than the average creek in the Town. RUDOLPH BRUER, ESQ.: And also with respect to the ... THE CHAIRMAN: I'm not sure about, in your own creek bottom, whether you can build all the docks you want. RUDOLPH BRUER, ESQ.: Rather than go to the Supreme Court and have the court rule on it, we'~e asked for the permit anyway, without conceeding our right to the ownership of the bottom. The Trustees, in my opinion, I thought they were leaning toward what we were suggesting, that they were going to give it to us, but they reserved decision and they had said on Monday night that they would try to have some decision by tonight possibly for this Board and definately by next Tuesday because the Town Board had asked their recon%mendations as to this application. Now if I may refer further, this is a major subdivision, approved by the Planning Board, and as such, all the owners have the r~ght to use this boat basin, by implication and by law. What has happened here is that the owners of the lots have put out docks, which they thought they had an absolute right to do. THE CHAIRMAN: Have you checked the law of the original Ordinance? When did you start this? HENRY SMITH: It was in '65. THE CHAIRMAN: Somewhere alonlg there we had so much trouble with marinas there was a new clause put in there, several new clauses put in the Ordinance relating to marinas. HENRY SMITH: It's not a marina, it's a boat basin. RUDOLPH BRUER, ESQ.: What we're asking, since there's more than two docks owned by Henry, we're asking, in a sense, like I said on Monday night, the Board's blessing on an existing situation that's there. THE CHAIRMAN: When did you build it? HENRY SMITH: I didn't build it! ANTHONY LEWANDOWSKI: Do you want me to tell you who the owners are? Southold Town Board of Appeals -32- November 4, 1976 (The Board and Mr. Lewandowski referred to the survey, and Mr. Lewendowski informed the Board as to who owns the docks.) THE CHAIRMAN: Six individuals put these docks out on your property. FRED HULSE, JR.: You didn't put any in. HENRY SMITH: I didn't put any in, no. ANTHONY LEWA~DOWSKI: I'd like to point something else out as far as t~is basin goes. That pipe was existing, I bought here in 1969, and that pipe %res in at that time. There's a little asphalt ditch going into that, the water drained from there into the pipe and then into the basin. What happened, storms eroded it away, and it did create a big ditch there, there's one there now, or there was until Henry put the basin in and filled the ditch in. FRED HULSE, JR.: This is what the letter was about. RUDOLPH BRUER, ESQ.: That's the whole complaint about digging mn the wetlands. The only thing we're here for is the special exception. ANTHONY LE~ANDOWSKI~ At that particular point, there's no marsh grass, it's just sand. RUDOLPH BRUER, ESQ.: See, we're heze at this Board for the purposes of that special exception. THE CHAIRMAN: I don't know what good the special exception would be. RUDOLPH BRUER, ESQ.: The rule said, apparently, that if you had more than two boats ... it's 100-30 B (9). ANTHONY LEW~NDOWSKI: I'd like to add one other thing, if I may. Without the basin in there, sand was eroding in and event- ually it would fill in the basin. CHARLES GRIGONIS, JR.: I remember seeing a little asphalt ditch there years ago. THE CHAIRMAN: These are uses that are permitted by a special exception from the Board of Appeals. When you get down to number n~ne, it says, it doesn't say anything about marinas, "BoakYdocking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for h~s personal use." Southold Town Board of Appeals -33- November 4, 1976 This is an unusual situation. You're not in a hurry for this, are you? RUDOLPH BRUER, ESQ.: Well, it would be nice to walk into the Town Board on Tuesday night and say that this Board granted this use. Really, we're just asking for the continuation of the existing use. THE CHAIRMAN: The only problem I have with that i~ that we hesitate to act. I think we're entirely sympathetic with you, we're just wondering how it should be handled. Do~king facilities for Henry Smith's boat, and Henry isn't going to have any, that's what you're asking for. RUDOLPH BRUER, ESQ.: We're here under a threat of ... we're here under the direction of the Building Inspector. THE CHAIRMAN: But as long as this hearing is not concluded, nobody can do anything. RUDOLPH BRUER, ESQ.: I understand that. This sounds like "Catch 22~" FRED HULSE, JR.: Well, this is kind of an odd situation. ANTHONY LEWANDOWSKI: I don't know if you're aware of it but th.e roads are private, they're not public roads. RUDOLPH BRUER, ESQ.: By way of reference, every lot owner is entitled to use it. FRED HULSE, JR.: You see, the Ordinance~i~specifically written for a f~ilow who owns a piece of waterfront property and wanted to let him and him keep their boats there, they live across the street. This is a unique situation. RUDOLPH BRUER, ESQ.: The enforcement official of the Town has deemed this ... THE CHAIRMAN: You've complied as far as we're concerned. But I have questions here about the D.E.C. and the Suffolk County Department of Planning. Whose boats are there? Do these boats belong to the six people who put the docks in? HENRY SMITH: Yes. THE CHAIRMAN: When the docks went up is more or less irrel- evant. RUDOLPH BRUER, ESQ.: I think you're getting away from the subject. The Building Inspector said we are in violation of a Southold Town Board of Appeals -34- November 4, 1976 Town ordinance,-speciEic&lly 100-30 B (9). THE CHAIRMAN: Well, suppose you were Building Inspector and you went down and found five or six docks all of a sudden that no one had gotten permission for. RUDOLPH BRUER, ESQ.: I'm not questioning that, I'm ques- tioning his statement Of the D.E.C. and the County Planning and everything else. THE CHAIR~N: I don't think there's any question that they're involved. RUDOLPH BRUER, ESQ.: I would beg to differ with you. First Of all, you're talking about a subdivision that was granted and filed back in, I think, 1966. They had no jurisdiction or claim to it then. THE CHAIRMAN: They have jurisdiction, for instance, on any structure, like you put in a drain. RUDOLPH BRUER, ESQ.: That's correct. My understanding is that the D.E.C. was informed about it, I don't know that officially. THE CHAIRMAN: I don't think you'll have any difficulty with them, I'm lust saying that they have jurisdiction. Personally, I don't think the Trustees have any jurisdiction, I may be wrongl CHARLES GRIGONIS, JR.; No, if he owns the bottom, I don't think they do. THE CHAIRMAN: Have you dredged this lately? HENRY SMITH: Ten years ago. RUDOLPH BRUER, ESQ.: Everything here was done in 1966, except for the docks, I don't know when the last dock was put in. ANTHONY LEWANDOWSKI: I moved to Southold in 1969, aud L put mine in a year or two later, around '70 or '71. FRANK BEAR: My dock is either the last one or the next to last one that went in there. That first went in around 1975, and then it was redone this year because the ice took it OU~ last winter. THE CHAIRMAN: If somebody else wanted to put a dock in, unless all this had happened, you would let them put it in. HENRY SMITH: Yes. Southold Town Board of Appeals -35- November 4, 1976 RUDOLPH BRUER, ESQ.: Only for residents of that subdivision. FRED HULSE, JR.~ What did you say, you have 22 lots here? HENRY SMITH: Something like that. FRANK BEAR: Actually, I own two of the lots, so if all of them were developed, there would be 21 homes. FRED HULSE, JR.: You'd have 10 docks altogether then. FRANK BEAR: I'd like to ask one question. The application speaks of a marina, and I just want to be sure we're talking about a boat basin and not a marina. (The Chairman discussed the definition of "marina.") THE C~LAIRMAN: But I wouldn't think that this is a marina. FRED HULSE, JR.: It doesn't provide any services. HENRY SMITH: Somebody put a sign up there saying "Private Marina", I think that's where they got the idea. THE CHAIRMAN: One of the things that puzzles me a little, I know it's hard for people to understand, you're putti~g drains into a sand spit to drain off, run-off water. HENRY SMITH: It's a parking lot. THE CHAIRMAN: It's not paved, is it? HENRY SMITH: Yes, it's paved. RUDOLPH BRUER, ESQ.: It really seems to boil down to the fact that the Trustees and possibly this Board have no jurisdiction in this matter. THE CHAIRMAN: The drain actually is to drain the parking lot, and there was severe erosion. HENRY SMITH: Yes. A lot was caused by the hurricane. ANTHONY LEWANDOWSKI: The drain was there since at least 1969. The asphalt gutter that was there eroded away and the pipe just sunk in the sand, it just created a gully there. HENRY SMITH: I didn't think I needed a permit just to put a ... FRED HULSE, JR.: You were replacing an existing drain. Southold Town Board of Appeals -36- November 4, 1976 THE CHAIRMAN: I'd like to postpone this and confer with counsel. He's the guy who has to defend us if we do something wrong. One other thing I was going to suggest is, it might be perfectly legal, the way the Ordinance is written now, if there were an application from each dock owner. FRANK BEAR: I'd like to raise an objection to that because we received our permission directly from ~r. Smith, and I under- stand that he had the right to give us that permission. THE CHAIRMAN: Good point. I suggest that we postpone decision on this. On motion by ~. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERVE DECISION upon application of Henry J. Smith until December 2, 1976, at 7:50 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the $outhold Town Board of Appeals approve minutes dated October 14, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was ~ESOLVED that the Southold Town Board of Appeals approve minutes dated October 22, 1976. Vote of the Board: Ayes: - ~essrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. TWo (2) Sign Renewals were reviewed and approved as submitted. Southold Town Board of Appeals -37- November 4, 1976 On motion by Mr. Hulse, 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.), Thursday, December 2, 1976, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, 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, November 19, 1976 at the Town Office, Main Road, Southold~ New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.S.T.), Thursday, December 2, 1976 at the ToWn Office, Main Road, Southold, New York as the time and place of hearing upon application of Lois J. Thorp, 200 Gardiners Bay Estates, East Marion, New York (Irving L. Price, Jr., Attorney) for a variance in accordance with~the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: east side West Lane, East Marion, New York, bounded on the north-~y T. Siculians; east by Daly; south by Dixon; west by West Lane. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED ~hat the Southold Town Board of Appeals set 8:20 P.M. (E.S.T.), Thursday, December 2, 1976, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Letitia Yarusso, 10060 Sound Avenue, Mattituck, New York for a variance in a-cordance with the Zoning Ordinance, Article XI, Section 100-118 D & E for permission to repair or replace existing non-conforming building. Location of property: 1470 Factory Avenue,. Mattituck, New York, bounded~n the north by C.R. Courts, Jr.; east by F. Helf; south by W. Corwin; west by Factory Avenue. Southold Town Board of Appeals November 4, 1976 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.S.T.) , Thursday, Uecember 2, 1976, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Jonathan C. Browning and wife, Little Neck Road, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and ~lk Schedule for permission to set off lot with insufficient area. Location of property: east side Little Neck Road, Cutch- ogue, 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. Vote of the Board: Ayes: Hulse, Grigonis, Doyen. Messrs: Gillispie, Bergen, On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:40 P.M. (E.S.T.), Thursday, December 2, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Lillian Qualls, Main Road, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permzssion 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 ~. McCarthy. Vote of the Board: Ayes: Grigonis, Doyen. Messrs: Gillispie, Bergen, Hulse, The meeting was adjourned at 10:40 P.M. ~.-~i~ t ,ary ~. DaWson '