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HomeMy WebLinkAboutZBA-10/14/1976 APPEAL BOARD MEMBERS Robert W. Gillispie, .Jr., Chairman Robert Bergen Charles GrJgonis, Jr. Settle Doyen, Jr. Fred Hulse, Jr. Southold Town Board o£ Appeals -c:IOUTHOLD, L, I., N.Y. 119'71 Telephone 765-~660 MINUTES Southold Town Board of Appeals October 14, 1976 A regular meeting of the Southold Town. Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, October 14, 1976, at the Town Office, Main Road, Southold, New York. ~h~re were present: Messrs: Robert W. Gillispie, Jr,, Chairm~n; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. Also present: Sam Campbell, Suffolk Weekly Times; Sherley Katz, Long Island Traveler-Mattituck Watchman. The Board had an informal discussion with Mr. Arthur ~ Spangel concerning the boat basin on the westerly side of the Angelo Petrucci property which is lO~ated on the southerly side of Skunk Lane, Cutchogue, New York. Mr. Spangel is In- terested in purchasing the property and wanted to know what could be done with it, what the limitations were, and so forth. Mr. Gillispie said he would discuss the matter with'the Town Attorney and advise Mr. Spangel as to his opinion. PUBLI.C ~EARIN~: Appeal No. 2207 - 7:4~ P.M. (E.D.S.T.) upon application of Earl T. and Vera K. Wilson, Main Road and Cedar Birch Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory structure over maximum height. Lo~ation of property: Main Road and Cedar BirCh Road, Orient, New York, bounded on the north by Main Road; east by Cedar Birch Road; south by W. Taylor; west by D. Browner. The C~i~a~ened the hearing by reading the application for a Varia~ "~g~l 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: D.M. Browner; Wm. H. Taylor. Fee paid - $15.00. Southold Town Board of Appeals -2- October 14, 1976 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? EARL WILSON: According to the two experts that I've had, the signal can't get through that Sound bank. I've got to get up in the air in order to do it. THE CHAIRMAN: What about across the street? Is there a similar difficulty? EARL WILSON: Yes. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) The application pretty well speaks for itself. The pro- posal is to have a tower ... how high? EARL WILSON: It will be 36'. THE CHAIRMAN: And the location of the tower? EARL WILSON:. In back of the house. THE CHAIRMAN: And how close to the side yard? At least 10'? EARL WILSON: The house isabout 30' from the side yard. The tower's about the same distance. 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 erect accessory structure over maximum height, Main Road and Cedar Birch Road, Orient, 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 ~nique 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 -3- October 14, 1976 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Earl T. and Vera K. Wilson, Main Road and Cedar Birch Road, Orient, New York, be GRANTED permission to erect accessory structure over maximum height, Main Road and Cedar Birch Road, Orient, New York, as applied for, subject to the following condition: The tower shall be no higher than 36' and no closer than 10' to any property line. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillispie, Bergen, On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated September 15, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated September 23, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2206 - 7:55 P.M. (E.D.S.T.) upon application of Skinny Dip Pools a/c Benjamin Sokobin, Harbor Road, Orient, New York for a variance in accordance with the Zo~ing OrdinanCe, Article III, Section 100-32 for permission to erect accessory structure in front yard area. Location of property: Harbor Road and Narrow River Road, Orient, New York, bounded on the north by Cunningham; east by Harbor Road; ~soUth by Narrow River~'Road.~'west by Orient Harbor. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits at- testing 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: Hans Riger. Fee paid - $15.00. Southold Town Board of Appeals -4- October 14, 1976 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Do you have anything~ to add? ARTHUR SIEMERLING: I think it's self-explanatory. I don't know what I could add to it other than the fact that the people want a pool and the Bay is in front of the house, there's a house to the west, and it's the only place you could put a pool. I don't know how it could bother anyone. THE CHAIRMAN: The ka~d~p is that you have two front yards, a legal front yard being the side toward the road. Actually, this sketch isn't very good. The dimensions and the distances from the street and so forth aren't here. This lot is 100' x 136' according to you. How far is the house from ~he southerly line? In other words, how much room ha~e you got? You indicate that you expect to put it 5' from a deck. MRS. SOKOBIN: It's 60' or 70' at least. THE CHAIRMAN: That's from Narrow River Road. It's well over iD0' from the northerly side of the lot. (The Board and Mr. Siemerling discussed the location of the pool.) THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) Is there anyone who wishes to speak against this appli- cation? (There was no response.) I have a letter here from a lady who called me and I told her ~to put it in the form of a letter, write the Board a letter and explain the reasons why she objected. This letter is from Florence Grippe and Peter Grippe, dated Octo- ber 10, 1976, to the Board of Appeals. "Re: Petition filed by Benjamin Sokobin of Harbor Road, Orient, N.Y. to build a swimming pool on his property. HEARING SCHEDULED-OCTOBER 14, 1976 - 7:55 (EDST) We wish to go on record as objecting to a variance being granted to the~above petitioner whereby he could build a swimming pool on his property for the following reasons: 1. The size of the plot is too samll to accommodate a swimming pool without overcrowding this narrow piece of land." Southold Town Board of Appeals -5- October 14~ 1976 That's a matter of opinion. MRS. EOKOBIN: She's never seen it. THE CHAIRMAN: She could have been there when you weren't there. I don't think you can make that statement. "The land is part of the wetland area and subject to flooding during abnormal high tides, storms, as well as in the hurri- cane season. A swimming p0ol would displace natural ground absorption and create a flooding situation on the two high- ways which are contiguous with the Sokobin property. It could also affect nearby homes." "The land is part of the wetland area", is that correct? MRS. SOKOBIN: Not where we want to put the pool, no. Otherwise our house would be in a swamp. THE CHAIRMAN: Well, there are houses that have been built in here on land that's probably going to be classified as wetlands. What's your opinion, Bill? WILLIAM TERRY: The land has already been filled and the house has been built. There's no wetlands left. THE CHAIPdW_AN: It seems to me there used to be a marsh pond down there. That's all been filled? WILLIAM TERRY: Yes, that's all been spoiled. THE CHAIRMAN: "A swimming pool would displace natural gound absorption." I don't think that's a legitimate reason. "The house as it now stands has underground water seepage problems, so that a swimming pool could compound that problem." Actually, that is not the business of Mr. and Mrs. Grippe. If there are seepage problems there, it's not our problem either. 4. "A swimming pool would not be in harmony with the country- like quality of the environment and would adversely affect its character." I would have to disagree with that. Sm "The section of Harbor Road where the petitioner's property is located is overbuilt. The homes are on small lots and a swimming pool would add to overcrowding of the land. Two roads, Narrow River Road and Harbor Road lead to the Bay and are used by the inhabitants of Orient, including Southold Town Board of Appeals October 14, 1976 visitors. The Sokobin propsrty is located at this juncture. A swimming pool, such as is proposed by the petitioner, being so close to the roads could become an ~attractive' nuisance and even a hazard to small children who enjoy the freedom of roaming in that area." Presumably, they're tal~ing about roaming in somebody else's yard. MRS. SOKOBIN: If they want to go through the Poison Ivy, that's fine with me. THE CHAIRMAN: "As taxpayers and property owners, we are interested in preserving the natural beauty of our environment. We would, therefore, urge that the petition of Benjamin SQkobin to construct a swimming pool on his property be denied." Are there any further comments or questions? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct accessory st~cture in front yard area, Harbor Road and Narrow River Road, Orient, 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, Benjamin Sokobin, Harbor Road, Orient, New York, be GRANTED permission to construct accessory structure in front yard area, Harbor Road and Narrow River Road, Orient, New York, as applied for, subject to the following conditions: 1. The pool shall be no closer than 15' to the southerly and easterly property lines. 2. The pool shall be surrounded by a 5' high fence. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -7- October 14, 1976 PUBLIC HEARING: Appeal No. 2203 - 8:10 P.M. (E.D.S.T.) upon application of George L. and Marion S. B~own, Jr., 60 Shepard Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory structure over maximum height. Location of property: Shepard Drive, Southold, New York; Lot ~26, Map of West Creek Estates, Southold, New York. 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: Antone V. Dobek; Margaret Lurz. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE BROWN: I would. THE CHAIRMAN: What's the height of the proposed tower? GEORGE BROWN: 31'. If I want to use a wind generator, it's necessary for me to go to a distance where I can receive winds that have enough power to turn the wheel and generate sufficient electricity to be at all practical. That's the reason for 31' THE CHAIRMAN: Is this a propeller type? GEORGE BROWN: Actually no, it's a turbine type, meaning that it has a series of blades with a shroud around them that will contain the centrifugal force rather than having propellers sticking out at different angles. It has blades that would look like a turbine. THE CHAIRMAN: Is it geared? GEORGE BROWN: Yes. THE CHAIRMAN: What would you turn in the ...? GEORGE B~O~: You'd turn a generator and the generator will be used to charge batteries. The batteries Will float on the line so the current will either go into the house or charge batteries depending upon how much wind is blowing. THE CHAIRMAN: What amount of current would you be dealing with? GEORGE BROWN: It depends on the wind. Southold Town Board of Appeals -8- October 14, 1976 THE CHAIRMAN: What do you expect? GEORGE BROWN: Well, I expect three or four KW. THE CHAIRMAN: The voltage? GOERGE BROWN: No, three or four kilowatts. The voltage will be, I'm going to rig it for 110 volts DC. THE CHAIRMAN: I think a lot of people would like to know how wind energy works. GEORGE ,BROWN: I would like to say a lot in favor of it. It's a rather complex syst~em and I~don't believe it's one that sells very well for home use, unless a person is willing to put quite a bit of effort into operating it, its batteries; it's costly at the present time, the technology for storing the energy isn't perfected yet. In other words, you would have to, probably, be satisfied with a lot less energy than you could buy from LILCO. MYself, I have-been playing with wind power for quite a while, and I have a significantly sized blade that I'm going to use ... THE CHAIRMAN: How big? GEORGE BROWN: 15' in diameter. (Mr. Brown further discussed the technical aspects of wind energy.) THE CHAIRMAN: This is 31' high. How much difference do you figure there is between 15', 45' and 31'. Is there pro- gressively more (wind) as you go up? GEORGE BROWN: Not exactly, no. It mostly has to do with the ground, the amound of structures on the gro%lnd, and the height that they are as the wind is approaching the tower or the blade. If there's trees and they're near the top of the blade, they'll interfere with it and cause turbulence, and this will slow the blade up and cause it to be almost ineffective. (Mr. Brown discussed the best location for a wind generator.) I'm very much interested in wind power and I think it would be the way to go, but on a corporate basis rather than individual. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals October 14, 1976 Does anyone wish to speak against this application? (There was no response.) Are these steel angles? GEORGE BROWN: No, that's all going to be wood, all bolted and prefabricated so that I can move it to another site if it didn't prove effective. I'm going to guy-wire it on two sides. (The Board and Mr. Brown discussed the location of the tower on Mr. Brown's property.) THE CHAIRMAN: Are there any other questions? CThere was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect accessory structure over maximum height, Shepard Drive, Southold, 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. Grigonis, seconded by Mr. Hulse, it was RESOLVED, George L. and Marion S. Brown, Jr., 60 Shepard Drive, Southold, New York be GRANTED permission to erect acces- sory structure over maximum height as applied for, subject to the following condition: The tower shall be placed no closer than 8' to the northeasterly side line and no closer than 18' to the rear yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2204 - 8:25 P.M. (E.D.S.T.) upon application of Mary L. Mulvaney, North Road, Southold, New York (Rudolph Bruer, Attorney) for a variance in accordance with Southold Town Board of Appeals -10- October 14, 1976 the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to se%~off~.lot. Location of proper~y: CR27 (North Road), Southold, New York, bounded on_the north by CR27; east by Hozen, Amiaga, Koeher and otherS; south by Mill Creek; west by G. & A. Amiaga, J. & H. Amiaga~. The Chairman opened the hearing by reading the appliC&tion 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: Edna Koehne; Howard Conklin; Madeline R. Am~iaga; Dennis E. Amiaga; John Amiaga; William Hazen. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I believe the petition fairly well speaks for itself. The end result of a division like this is only going to be one more house to the area. The property is such that it is a long piece of property with a house on it, approximately 130' wide and some 78,500' total square footage. THE CHAIRMAN: How far is the house from CR277 RUDOLPH BRUER, ESQ.: According to this scale (on map), it looks about 50'. THE CHAIRMAN: The reason I asked the question is because, when we looked it over~.~he p~oposed access to the ~ear lot is heavily screene~~ on b~h~sid~s with shrubs. As I understand it, this may not be done immediately, is that correct? This Miss Fay ... RUDOLPH BRUER, ESQ.: I really don't know. THE CHAIRMAN: It's being reserved for her use. RUDOLPH BRUER,-ESQ.: That's the intended purpose at this time. THE CHAIRMAN: In any case, it isn't the intention to built right away. I heard something about the Amiagas clearing this ... it's pretty heavily shrubbed through here. ROBERT BERGEN: When they get to the front, it o~g. ht to be cleared, so they can see approaching the highway. THE CHAIRMAN: 30' radius here. culties. Ail shrubs will have to be eliminated on a Rather, 20' radius. That's one of the diffi- Southold Town Board of Appeals -11- October 14, 1976 ROBERT BERGEN: You coming out to a highway with fast traffic moving by and you're on the road before you can see. THE CHAIRMAN: Go ahead. RUDOLPH BRUER, ESQ.: The end result being pretty much as set forth in the Petition, there would be a division into two lots, one the remaining house lot of some 46,000 sq. ft. and the back lot of some 32,000 sq. ft.. This would be in accordance with the property in the neighborhood, particularly the prop- erty off to the east. In the end result, it would still be one of the larger properties in the area, both of them. It would definitely be a hardship on the present owner if they weren't able to sell it at this time, by dividing it. THE CHAIRMAN: Does anyone wish to speak against this application? (There was no response.) Well, the only thing that we might add is that we want it cleared where the driveway comes out into the North Road. (The Board and Mr. Bruer discussed the location of t~e driveway.) ~UDO~p~ BRUER, ESQ.: We have the purchasers right here, maybe, l~h~d like to s~y something. MR. AMIAGA: The driveway that we speak of would not be any differen~ than any of three other driveways in the immediate area. THE CHAIR~I~N: The only thing we're concerned with is that it comes off of the County Road, and it's densely shrubbed. MR. AMIA~A: There are three other driveways that come out on that same highway. (The Board and Mr. Amiaga discussed the locations of these driveways and the proposed location of Mr. Amiaga's driveway.) I would agree to clear the shrubbery here, but how do I clear it over here, on the next person's property? THE CHAIRMAN: The Building Inspector may require that this hedge be cleared. I'm not sure how that works. RUDOLPH BRUER, ESQ.: It would be unfair to ... Southotd Town Board 6f Appeals -12- October 14, 1976 THE CHAIRMAN: I~'s not going to hinder you, but I think that if this driveway goes here, visibility here is so bad that he may be required to clear it. It can be done. RUDOLPH BRUER, ESQ.: What I'm trying to say is, you can't burden this owner with this person's problem. MR. AMIAGA: Well, if the Building Inspector says the hedge has to be trimmed, it has to be trimmed. I think the hedges are on this marker anyway and they can be removed. RUDOLPH BRUER, ESQ.: You would be willing to clear the hedges ... MR. AMIAGA: I intented to clear them anyway. THE CHAIRMAN: You'll have to clear them back 20'. I'm not sure what it is, whether it's 20' or 30'. ROBERT BERGEN: I think it's a radius of 30'. MR. AMIAGA: We would clear it to whatever .-~. ROBERT BERGEN: It'll be to your own benefit. THE. CHAIRMAN: You live over here, is that correct? MR. AMIAGA: I live here (on map), this is my summer home. THE CHAIRMAN: And this parcel will be added to your property. Will you be selling this off? MR. AMIAGA: No. (The Board and Mr. Amiaga discussed the access to the property.) THE CHAIRMAN: Are there any other questions? MARGARET MdFADDEN: There was a question about when Mary Mulvaney will convey the property to Mary Fay. We intend to do that very soon, sell it to meet medical expenses. THE CHAIRMAN: There's no time limit on this. Once it's divided, that's it. After investigation and inspection the Board finds that ~he applicant requests permission to set off a lot, CR27, Southold, New York. The findings of the Board are that the applicant's property is surrounded by undersized lots and this division will not affect the character of the area. Southold Town Board of Appeals -13- October 14, 1976 The Board finds that ~trict 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., an~ will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED, Mary L. Mulvaney, North Road~ Southold, New York, be GRANTED permission to set off a lot, CR27, South01d, New York, as applied for, subject to the following conditions: The applicant will clear an area with a 30' radius from the northeast corner of the intersection of the proposed right-of-way. The application is subject to Suffolk County Planning Commission approval. V©~e~of the Board: Ayes: - Messrs: Gillisp~e7 Bergen, Hutse, Grigonis. PUBLIC HEARING: Appeal No. 2205 - 8:45 P.M. (E.D.S.T.) upon application of William F. and Darline Salmon, Horton Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to erect barn with insufficient setback. Location of property: Horton Lane, Southold, New York, bounded on the north by J. L. Conway; east by Horton Lane; south by S. Markel; west by Jennings Estate. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publlication 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: J. L. Conway; S. Market; G. Jennings. Fee paid - $15.00. THE CHAIRM~: ~h~"~U~-~tax map indicates that the ........ applicant owns a 2.3 acre~parcel with 750' on the Conway side~ 684' on the opposite side, 142' on the west end, and 150' on Horton Lane. Is there anyone present who wishes to speak for this application? (There was no response.) Southold Town Board of Appeals -14- October 14, 1976 WILLIAM SALMON: DARLINE SALMON: measured it wrong. I measured it wrong. I have a letter here from J. L. Conway, dated September 16, 1976: "I have no objection to the placement of Salmon's stable less than 40 feet from my property line." /s/ John L. Conway As I understand it, you moved that building there, correct? WILLIAM SALMON: Yes. THE CHAIRMAN: And put it on a foundation that's already been poured? Dirt floor? WILLIAM SALMON: Yes. THE CHAIRMAN:~ Th~'!~d's~h~"~W~uld be to?~ha~.~o move it. The Zoning Ordinance specifie~ stables will be 48' from the property line, but it's particularly applicable where there are adjoining residences. This barn is located almost 700' from the highway, from Horton Lane. I think it's unlikely there would be adjoining residences, and it's my observation that this should be accommodated. ROBERT-BERGEN: I understand that you want to add on to the back of the barn to store hay? WILLIAM SALMON: In the future, yes. ROBERT BERGEN: You'll have to add on to either the front or the south side, no closer on the back. Well, the back is something like ... It's something like 80' in the bac~,-.we I measured it and then he measured it,~and THE CHAIRMAN: What's right, we've got all kinds of numbers here, 32', 33' ... WiD~-~/~S'ALMON: I measured it today and it's approximately 36' from t~ ConWay~s line, abOUt 75' from J~nnings, ~nd 87' from Markels. THE CHAIRMAN: Any addition could not be closer than 40' to a property line. How big is the addition? WILLIAM SALMON: Probably only another 10' ROBERT BERGEN: Before you put the addition on, check with the Building Inspector to be sure you're right. Southold Town Board of Appeals -15- October 14, 1976 THE CHAIRMAN: Is there anyone who wishes to apeak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect barn with insuffi- cient setback, Horton Lane, Southold, New York. The findings of %he 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 ~roperties 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. Grigonis, seconded by Mr. Hulse, it was RESOLVED, William F. and Darline Salmon, Horton Lane, Southold, New York be GRANTED permission to erect barn with insufficient setback, Horton Lane, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, ~ulse, Grigonis. 8:50 P.M. - Decision, Appeal No. 2108 - upon ap~li~ation of St. Peter's Lutheran Church, Main Road and Chapell Lane, Greenport,. New York (San Simeon by the Sea) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 & Builk Schedule and requirements of "~-~1" and 'B' zones for permission to erect and maintain multip!e dwelling complex i~c~uding~ self-contained dwellings and dormi!t~ry-type dwelling units. Location of property: Main Road, Chapel Lane and CR27~ bounded on the north by CR27 and A. Shames. and others; east by ~illa~e0f Greenport,- south by Main Road (Route 25); west by.Chapel Lane. After investigation and inspection the Board finds that the applicant requests permission to erect andmaintain mul- tiPle dwelling complex including self-containeddwellings and dormitory-type dwelling units, Main Road, Chapel Lane, and CR27, Greenport, New York. The findings of the Board are that, in their opinion, the suggested arrangement is the optimum one to insure open space and a reasonable walking distance to Southold Town Board of Appeals -16- October 14, 1976 parking areas. The Board has discussed this project at length with Reverend C~leman of St. Peter's Lutheran Church, George Koch, the architect of San Simeon by the Sound, and Henry Pearson, Esq., the attorney for St. Peter's Lutheran Church. Some of the topics discussed at the public hearing and other meetings are as follows: San Simeon by the Sound is to be a retirement community sponsored by St. Peter's Lutheran Church~ the purpose of which is "to provide, below market cost, an earthly and spiritual home for elderly Lutheran persons, and those senior citizens living in Southold Township." (Minutes of September 15, 1976; page 2; paragraph 3.) San Simeon is to be a non-profit operation and, as such, is applicable for tax exemption. If it does receive a tax-exempt'status, the Church will pay to the Town a proportionate ann~al share of Town expenses for services such as police and fire protection, lighting, etc. The pro~ect will not be in competition with the N~rsing Home which adjoins it to the north. Rather, they will together provide a more complete spectrum of health care for the elderly. The Church will be able to provide housing at a lower cost than other organizations because the profit motive is eliminated. San Simeon will provide employment for approximately 40 to 50 people. An Admissions Committee will be set up to review appli- cations. The Church will probably request financial disclosure statements from people desiring to enter San Simeon and,-by using actuarial tables, compute who will b~est be able to carry their own weight~ There is also a~ endowment fund being set up to subsidize people who, for some reason, deplete their o~ funds. Another ~eapons~bility of the Admissions Committee will be to probe motivation. For example, if the Church felt that a person was able to continue living on his own and did~not really need the services they provide, he would be discouraged from entering San Simeon. No families with children attending local schools will be permitted to reside at San Simeon. Rather than imposing a grid-iron pa~tern over the area, the architect has designed the project so that it will Southold Town Board of Appeals -17- October 14, 1976 catch the sun, make the best use of open space, and pro- vide convenient parking. The "I~n" will be made up of domiciliary units connected with enclosed corridors. There is a total of 84 single bedrooms and a restaurant in the facility. 10. There will be 150 cottage units of which 124 are one- bedroom units and 26 are two-bedrooms units. 11. There will be nine motel-type units for temporary accom- modation of guests of people living in San Simeon. 12. One of the recon%mendations of the Suffolk County Planning Comr~ission was that Chapel Lane be widened and improved as per Town of Southold specifications. The Board decided not to include this point in their resolution. They felt that people should be discouraged from using ~his road because of the dangerous intersection of Chapel Lane and CR27. There are entrances to San Simeon from 'CR27, the Main Road (Route 25), and Chapel Lane; however, the en- trance on Chapel Lane will be used only as a "relief valve" for the other t~-. The main entrance will be off CR27 (North Road). The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York (San Simeon by the Sound) be GRANTED a special exceptio~ to erect and maintain multiple dwelling complex including self-contained dwellings and dormitory-type dwelling units, Main Road, Chapel Lane, and CR27, Greenport, New York, as applied fo~, subject to the following conditions: 1. The applicant shall file for a variance on the length of the domiciliary. The applicant shall pay a proportionate share of Town expenses in lieu of taxes. This is a moral obligation and not a legal one. 3. Public water and sewerage will be s~pplied by the Village of Greenport. Southold Town Board of Appeals -18- October 14, 1976 The restaurant, hotel, and domiciliary shall be used only by guests and residents of San Simeon. There shall be no more than nine (9) motel-type units for temporary accommodation of visitors to the residents of the San Simeon facilities. Temporary is interpreted here to mean a two- week accommodation. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2107 - Decision upon application of St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York (San Simeon by the Sound) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and requirements of "M-l" and "B" zones for per- mission to reduce setback on Building 974 on the site plan of San Simeon by the Sound. Location of property: Main Road, Chapel Lane, and CR27, bounded on north by CR27 and A. Shames and others; east by Village of Greenport; south by Main Road (Route 25); west by Chapel Lane. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building 974, San. Simeon by the Sound. The f£ndings of the Board are that the variance is necessary to insure open space within the project. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel La~, G'reenport, New York be GRANTED permission to reduce set- back on Building 974, site plan of San Simeon by the Sound, as applied for, subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Griqonis. Southold Town Board of Appeals -19- October 14, 1976 Appeal No. 2186 - Decision upon application of St. Peter's Lutheran Church for a variance for pex.~Lission to reduce setback on Building $40, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building $40, San Simeon by the Sound. The Board finds that this will be in keeping with the general plan of the project, which was designed to provide open space. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will Observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York be GRANTED permission to reduce setback on Building $40, site plan of San Simeon by the Soundt as applied for, subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergent Hulse, Grigonis. Appeal No. 2187 -.Decision upon application of St. Peter's Lutheran Church fora variance for permission to reduce setback on Building $27, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building $27, San Simeon by the Sound. The Board finds that the variance is necessar~ to insure open space. The Board finds that strict application of the Ordinance ~outd produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was Southold Town Board of Appeals -20- October 14, 1976 RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York be GRANTED permission to reduce setback on Building %27, site plan of San Simeon by the Sound~ as applied for, subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2188 - Decision upon application of St. Peter's Lutheran Church for a variance for permission itc' reduce setback on Building #75, site plan of San Simeon by the Sound. After investigation and inspection the BOard finds that the applicant req~aests permission to reduce setback on Building 975, San Simeon by the Sound. The findings of the Board a~e that the varianae will help to insure that there is open space as provided for in the site plan. 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 an the same use.district; and the variance will not change the character of the neighborhood,.and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. P~ter's Lutheran Church, Main Road and Chapel Lane, GreenpOrt, New York, be GRANTED permission to reduce setback on Building 975, site plan of San Simeon by the Sound, as applied for, subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 21.89 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to reduce setback on Building %42, site plan of San Simeon by the Sound. Southold Town Board of Appeals -21- October 14, 1976 After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building ~42, San Simeon by the Sound. The findings of the Board are that the variance would be in keeping with the site plan of the project, which provides for open space. The Board finds that str-~ct 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 ~icinity of this property and in the same use district; and the variance will not change the character of the neighborhood; and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED~ St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to reduce setback on Building 942, site plan of San Simeon by the Sound, as applied for, subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2190 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to reduce setback on Building 910, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests p. ermission to reduce setback on Building ~10, San Simeon by the Sound. The Board finds that the variance is necessary to insure open space. The Board finds~that strict application of the Ordinance would pro~ce practical difficulties or Unnecessary h~dShip; the hardship created is unique and would not be shared by all ~roperties alike ~n the i~mediate vicinity of this property and in the same-use district; and the varianc~ Will not Change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New Yo~rk, be GRANTED permission to Southold Town Board of Appeals -22- October 14, 1976 reduce setback on Building 910, site plan of San Simeon by the Sound, as applied for, subject to the following Condition: The building shall be no closer than 35' ko the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2191 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to reduce setback on Building 915, site plan of San Simeon by the Sound. After investigation and znspection the Board finds that the applicant requests permission to reduce setback on Building ~15, San Simeon by the Sound. The findings of the Board are that this will be in keeping with the general plan of the project, which was designed to provide open space. The B~ard finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by~all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will Observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillisple, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED p~rmission to reduce set- back on Building 915, site plan of San S~meon by the Sound, as applied for~ subject to the following condition: The building shall be no closer than 35' to the front yard property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2192 - Decision upon application of St. P~ter's Lutheran Church.-for a variance for permission to reduce setback on Building $30, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building 930, San Simeon by the Sound. The findings of the Board are that Southold Town Board of Appeals -23- October 14, 1976 the variance will help to insure that there is plenty of open space as provided for in the site plan. 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. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to reduce set- back on Building #30, site plan of San Simeon by the Sound, as applied for, subject to the following condition: The building shall be no closer than 45' to the front yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2193 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to reduce setback on Building $32, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building ~32, San Simeon by the Sound. The findings of the Board are that the variance is necessary to insure open space. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. on motion by Mr. Bergen, seconded by Mr. Gitlispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road~and Chapel Lane, Greenport, New York, be GRANTED permission to reduce set- back on Building 932, site plan of San Simeon by the Sound, as applied for, subject to hhe following condition: The building shall be no closer than 35' to the front yard property line. $outhold Town Board of Appeals -24- October 14, 1976 Vo~e of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2194 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to reduce setback on Building $26, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to reduce setback on Building $26, San Simeon by the Sound. The findings of the Board are that the variance is necessary to insure open space. The Board finds that s~rict 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 nei~b_borhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport~ New York, be GRANTED permission to reduce set- back on Building $26, site plan of San Simeon by the Sound, as applied for. Vote of the Board: Ayes: - Messes: Gillispie, Bergen, Hulse, Grigonis. Appeal NO. 2195 - Decision .upon Peter's Lutheran Ch~DCh, Main Road and ~hap~ New York for a variance in accordance with the Zon~ ~nance, Article III, Section 100-30 and Bulk Schedule andlrequi~ements of "M-l" and ,B"' zones for '~ to locate parking in front yard area 75, Parking Lot. F, site plan of San Simeon by Location of property: Main Road, Chapel Lane, and CR27, bounded on north by CR27 and A. Shames and others; east by Village of Greenport; south by Main Road; west by Chapel Lane. After investigation and inspection the Board finds that the applicant requests permission to locate parking in front yard area, Parking Lot F, Sab Simeon by the Sound. The findings of the Board are that this is the best arrangement for parking for these buildings. Southold Town Board of Appeals -25- October 14, 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 varianceawill not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York be GRANTED permission to locate parking in front yard area for Buildings #27, 28, and 75, Parking Lot F, site plan of San Simeon by the Sound. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2196 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to locate parking in front yard area for Buildings $1, 2, 3, 4, 5, and 6, Parking Lot E, site plan of San Simeon by the Sound. After investigation and inspection the Board~finds that the applicant requests permission to locate parking in front yard area for Buildings $1, 2, 3, 4, 5, and 6. The findings of the Board are that this provides cluster parking for these buildings. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and an the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. peter~ Lutheran Church, Main Road and Chapel Lane, Greenport, New York be GRANTED pelrmission to locate parking an front yard area for Buildings $1, 2, 3, 4, 5, and 6, Parking Lot E, site plan of San Simeon by the Sound. Vote of the Board:.Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -26- October 14, 1976 Appeal No. 2197 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to locate parking in front yard area for Buildings 925, 22, 23, 15, 14, and 21, Parking Lot D, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to locate parking for Buildings 925, 22, 23, 15, 14, and 21 in front yard area, San Simeon. The findings of the Board are that this a~angement will pro- vide cluster parking for these buildings. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lsne, Greenport, New York, be GRANTED permission to locate parking in front yard area for Buildings 925, 22, 23, 15, 14, and 21, Parking Lot D, site plan of San Simeon by the Sound, as applied for. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillispie, Bergen, Appeal No. 2198 - Decision upon application of St. Peter's Lutheran Church~for a variance for permission to locate parking in front yard area for Buildings 934, 29, B3, 31, 55, 56, 57, 58, and 61, Parking Lot G, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permzssion to locate Parking Lot ~ in front yard area. The findings of the Board are that this arrangement will provide cluster parking for Buildings 934, 29, 33, 31, 55, 56, 57, 57, and 61. The Board find,s 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 neighbbrhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -27- October 14, 1976 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York be GRANTED permission to locate parking in front yard area for Buildings ~34, 29, 33, 31, 55, 56, 57, 58, and 61, Parking Lot G, site plan of San Simeon by the Sound, as applied for. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gillispie, Bergen, Appeal No. 2199 Decision upon application of St. Peter's Lutheran Church for a variance for permission to locate parking in front yard area for Buildings ~24 and 2.6, Parking Lot B, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to locate parking in front yard area for Buildings ~24 and 26, San Simeon by the Sound. The findings of the Board are that this arrangement will pro- vide cluster parking for these buildings. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship crea~ed is unique and would not be shared by all properties alike in the imraediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to locate parking in front yard area for Buildings #24 and 26, Parking Lot B, site plan of San Simeon by the Sound. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2200 - Decision upon application of St. Peter's Lutheran Church~for a variance for permission to locate parking in front yard area for Buildings ~41, 42, 45, and 40, Parking Lot C, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to locate parking in front yard area for Buildings ~41, 42, 45, and 40. The Board finds that this arrangement will provide cluster parking for these buildings. Southold Town Board of Appeals -28- October 14, 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 ~n the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to iccate parking in front yard area for Buildings $41, 42, 45, and 40, Parking Lot C, site plan of San Simeon by the Sound. Vote of the Board: Ayes: - Me~srs: Gillispie, Bergen, Hulse, Grigonis. Appeal No. 2201 - Decision upon application of St. Peter's Lutheran Church. for a variance for permission to locate parking in front yard area for Buildings $71, 72, 66, 67, 70 and 69, Parking Lot H, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to locate parking in front yard area for Buildings ~71, 72, 66, 67, 70, and 69. The findings of the Board are that this arrangement will provide central parking for these buildings. 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 ir~mediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to locate parking in front yard area fcr Buildings $71, 72, 66, 67, 70, and 69, Parking Lot H, site plan of San Simeon by the Sound. Appeal No. 2202 - Decision upon application of St. Peter's Lutheran Church for a variance for permission to locate parking Southold Town Board of Appeals -29- October 14, 1976 in front yard area for residents of the Inn, Parking Lot A, site plan of San Simeon by the Sound. After investigation and inspection the Board finds that the applicant requests permission to locate parking in front yard area for residents of the Inn, The Board finds that this arrangement provides convenient parking for this building. The Board finds that strict application of the Ordinance would produce practical difficulties or u~necessary hardship; the hardship created is unique and would not be shared byall 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 ~he spirit of the Ordinance. On motion by Mr. ~e~gen, seconded by Mr. Gillispie, it was RESOLVED, St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York, be GRANTED permission to locate parking in front yard area for residents of the Inn, Parking Lot A, site plan of San Simeon by the Sound. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. ~. 2185 - Decision upon application of Eastern Long Inc. by Richard C. Wilton, President, P.O. BOX Street, Greenport, New York for a Special ex¢ oB in accordance with the Zoning~Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 B (1) f~r permission to build and operate Section II of camp- ground and trailer park. Location of property: South side North Road (cR27I) a~d Queen Street, Gr~enPort, Ne~ York, bounded on the north by CR27 (North Road); east by Queen Street; west~by Uillage of Greenport, now or formerly Fenno~ how or formerly Francisco, now or formerly Sledjeski; ~outh by Village of Greenport. and inspection the Board finds t~at the permission to build and operate Section II of the campground and trailer park. The findings of the Board are tha~ the s~te plan has been approved by the Planning Board subject to conditions that have been included in this action. Also, the Suffolk County Planning Commission has deemed this a matter for local determination subject to the conditions set forth in their letter of April 10, 1975. Southold Town Board of Appeals -30- October 14, 1976 The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Richard C. Wilton, President, Eastern Long Island Kampgrounds, Inc., 690 Queen Street, Greenport, New York be GRANTED permission to build and operate Section II of the campground and trailer park as applied for, subject to the following condit±ons: All-applicable conditions imposed in granting the special exception for Section I are hereby imposed upon Section II. A footpath shall be created from the easterly end of the spur service road to the satellite A building, separating two lots. The two lots to be separated shall be at least 50' x 100' Road ends, as shown on the August 23, 1976, SectionkII plan shaded in brown, at the southeast corner and at the southwest corner, shall be extended to the property of the Village of Greenport. The number of lots shown on Section II, by actual count, is 52 and not 51 as applied for. This is occasioned by changes in the map of Section I, enabling one lot to be added to Section II and one lot subtracted from Section I. The lot subtracted is a curved lot south of the swimming pool. That lot is to be included in the parking area for the administration building. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Two (2) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, November 4, 1976, at the Town Office, Main Road, Southold, New York as the time and place Southold Town Board of Appeals -31- October 14, 1976 of hearing upon application of St. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York for a variance in accordance with the Zonisg Ordinance, Article IV, Section 100-40 A (2) for p~rmission to construct a multiple residence dwelling exceeding maximum length. Location of property: south side CR27 and east side Chapel Lane, Greenport, New York, bounded on the north by CR27; east by A. Shames and the Village of Greenport; south by Main Road (Route 25); west by Chapel Lane. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse~ Grigonis. motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the $outhold Town Board of Appeals set 7:45 P.M. (E.S.T.), Thursday, November 4, 1976 at the Town Officer Main Road, Southold, New York as the time and place of hearing upon application of Williams Contracting, 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 ac- cessory building in front and side yard area. Location of property: Sound Road, Greenport, New York, bounded on the north by Victor Brown; east by Time Structure; south by James Gannon; west by Sound Road. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Grigonis, seconded by-~Mr. Bergen, it was RESO~VED~%hat the Southold Town Board of Appeals set 7:5 P.M. ~E.S.~.),lThUrsd~y, November~ 4, 1976 at the Town Office, Southold, New york as the time and piace of hea of George Ahlers, Builder, Inc. permission to construct addition with insufficient setback. Looation of property: Mi~nehaha Boulevard andOpechee Avenue, Southold, New York, bounded on the north by Opechee Avenue; east by Corey Creek; south by D. Prieto; west by Minnehaha Blvd. Vote of the Board: Ayes: Hulse, Grigonis. Messrs: Gitlispie, Bergen, Southold Town Board of Appeals -32- October 14, 1976 On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:05 P.M. (E.S.T.), Thursday, November 4, 1976 at the Town Office, Main~Road, Southold, New York as the time and place of hearing 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; wouth by Main Road (Route 25); west by L. Gozelski. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonls. The meeting was adjourned at 10:00 P.M. (E.S.T.D.). Res~ctfully s~bmitted, Ma~y ~ Dawson Secretary ~obe'r¥ W. G~'l'lispie, Jr., ~hairman