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HomeMy WebLinkAboutZBA-08/12/1976 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Cbirm~n Robert Bergen Cbrles Grigonis, Jr. Settle Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals $OUTHOLD, L. I., N.Y. 11971 Telephone 7653660 MINUTES Southold Town Board of Appeals August 12, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, August 12, 1976, at the Town Office, Main Road, Southold, New York. There were presR~t: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr.; Serge Doyen, Jr.. Also present: Sam Campbell, Suffolk Weekly Times; Shsrley Katz, Long Island Traveler-Mattituck Watchman. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated July 22, 1976. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dat~ July 30, 1976. Vote of the Board': Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Seven (7) Sign Renewals were reviewed and approved as submitted. Southold Town Board of Appeals -2- August 12, 1976 PUBLIC HEARING: Appeal No. 1792 7:40 P.M. (E.D~S.T.) rehearing upon application of James W. Newell, Main Ro~d, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700, Sub- section B-4, for permission to operate an automobile repair shop (public garage). Location of property: east side Main Road, Mattituck, bounded on north by L. Lindsay; east by F. Steiner and others; south by C. Miller; west by Main Road. THE CHAIRMAN: On June 7, 1973, the Board granted James W. Newell, of Mattituck, New York, a special exception under the Zoning Ordinance at that time .for a garage. We imposed a number of conditions, 10 conditions. That permission was granted for the period from June 7; 1973 to July 1, 1976, at Which time it may or may not be renewed. It is now coming up for renewal, and the applicant isn't here, although he was notified by certified mail, return receipt requested, in the following letter: (The Chairman read the letter which was sent to Jame~ W. Newell on August 2, 1976, from the Board of Appeals.') That was from the Board. Mr. Newell isn't here. We have on March 31, 1975, which is more than a year ago, a notice or an order to remedy violation, which says, "Premises is being used for junkyard - storage of unregistered automobiles and trucks - dismantted~vehicles - parts of vehicles in open yard." This is strictly in violation of the special exception which was granted, originally, three years ago. Does anyone present wish to speak for this application? (There was no response.) After investigation and inspection the Board finds that the applicant received permission to operate an automobile repair shop on June 7, 1973. The findings of the Board are that the applicant is in violation of the conditions imposed at that time. The Board finds that the public convenience and welfare and justice have nQt been served and the legally established or permitted Use of neighborhood property a~d~ adjoining use districts have been permanently or substantiall~ injured and the spirit of the Ordinance has not been observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the special exception granted to James W. Newell, Main Road, Mattituck, New York, on June 7, 1973, be Southold Town Board of Appeals -3- August 12, 1976 RESCINDED as the applicant has not conducted his business as per the conditions imposed by the Board of Appeals in their action of June 7, 1973. He has also received several notices of violations on the premises. These notices have been ignored. Vote of the Board: Ayes: - Messrs: Gillisple, Bergen, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Appeal No. 2162, upon application of Walter W. Washburn, 1500 Bay Avenue, East Marion, New York for a vari- ance for permission to set off lot on private right-of-way and approval of access be POSTPONED until October 14, 1976, as per request of Charles R. Cuddy, attorney for the late Mr. Washburn. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Mr. Fred Hulse, Jr. arrived at 8:00 P.M. (E.D.S.T.). On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, September 2, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Pauline Israel, 275 Central Avenue, Lawrence, New York (Irving L. Price, Jr., Attorney) for a variance in ac- cordance With the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Osprey Nest Road, Greenport, New York; Lot 912, Cleaves Point Subdivision, Section ~ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), Thursday, September 2, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of William and Mary Barhyte, 735 Horton Avenue, Mattituck, New York for a variance in accordance with the Zoning- Ordinance, Article III, Section 100-30 & Bulk Schedule for per- mission to set off existing dwelling on undersized lot. Lo- cation of property: Horton Avenue and Oak Street, Mattituck, Southold Town Board of Appeals -4- August 12, 1976 New York, bounded on the north by W. Jagodzinski; east by Oak Street; south by Horton Avenue; west by J. Rutkowski. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2167 - 8:10 P.M. (E..D.$.T.) ~OH. application of Pinewood Landscaping a/c Gianfranco M0nacelli, Petty's Drive, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: north side Petty's Drive, Orient, New York; Map of Petty's Bight, Lot ~2, Petty's Drive, Orient, New York. Fee paid - $15.00. The Chairman opened the hearing by readinq the appli- cation for a variance, legal notice of hearing~ affidavits attesting to its publication in the .official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. Irving Newman & Ano.; Mr. and Mrs. Kon- stantino Drage. THE CHAIRMAN: The application for a building permit in- dicates that the pool is 16' x 38' It's a narrow pool for that location. Is there anyone present who wishes to speak for this application? SANDY FRIEMAN: Yes, I would. I'm a partner in Pinewood Landscaping. THE CHAIRMAN~ Did you give any consideration to putting it on the north side? SANDY FRIEMAN: Yes, we did. THE CHAIRMAN: But on account of the winds and so forth, it would be better on the south side? SANDY FRIEMAN: Yes. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals -5- August 12, 1976 Anyone wish to speak against this application? (There was no response.) I have a letter here from the~Building Inspector dated August 12, 1976, which reads as follows: Having looked at the proposed location of the Monacelli swimming pool in the front yard, and the wooden retaining wall now in place, I must advise that the wooden retaining wall is not built to code and OR generally accepted standards. If this wall, as is, is to be used, it will have to be re-d~signed and rebuilt to plans drawn by a licensed profes- sional engineer before it can be used to retain fill and a swimming pool. Yours truly, /s/ Howard Terry Building Inspector That's the Building Inspector's opinion. Before he wrote this letter, we went down there with him, and it is really a steep hill. Do you know what the slope is? SANDY FRtEMAN: No, I don't. THE CHAIRMAN: Well, it is extremely steep, and if this pool is going to hang on that bank, I don't think it will stay there. The Board is required to use its judgment in making decisions and I feel that the Board would have to deny this application. The Building Inspector has suggested a possible "out" if you insist on putting it'on the south Side of the house. "This wall will have to be re-designed and rebuilt t~o plans drawn by a licensed professional engineer before it can be used to retain fill and a swimming pool.!' You canc~mme back to us again after that is done. I don't know how you can do this. I presume it can be done, but it looks like pretty slippery stuff. SANDY. FRIEMAN: The majority of the water is going to be below ground. ROBERT BERGEN: The pressure is still going to be on the sides. THE CHAIRMAN: The p~ssure is out on the sides of the pool. SANDY FRtEMAN: That's correct, but the weight ... Southold Town Board of Appeals -6- August 12, 1976 THE CHAIRMAN: Here's your hill (on map) and the weight is going to push the wkole thing, and that erodes. Those boxes of pressurized 8~ x 8Us that retain that wooden retaining ~a~ll you constructed there, ~what happens when the water starts to erode underneath it? They weren't even bolted or spiked in. Those are some of the things that we noticed. This is not to-say that you couldn't come in here tomm. rrow and get permission to put it in the front yard, although you've o~ly got about 75' to the Sound bluff. I would agree that it's got to be on the south side of the house, but it's got to be anchored better than that. SANDY FRIEMAN: The steel pool doesn't need anything on the outside, it will support the water. THE CHAIRMAN: We're not worried about that, but you've got 40 or 50 tons of water there and that will be pressing down, the outward thrust... SANDY FRIEMAN: If you construct the pool and don't even backfill, it will be self supporting. THE CHAIRMAN: No, I disagree. ROBERT BERGEN: There are no anchors in that 6" x 6" wall you've got up there now. SANDY FRIEMAN: Sure are. The deadmen are anchored down in. The outer wa~l was constructed first.with deadmen and the upper wall was constructed across the top deadmen and that also has deadmen in it. ROBERT BERGEN: But they're only spiked t0$ether. THE CHAIRMAN: What happens if you get 10" of rain? SANDY FRIEMAN: We got 5" Monday and it didn't do anything. THE CHAIRMAN: It looked like you lost some of it~down the bank. SANDY FRIEb~N: Of course you'll get natural erosion on the outside of the wall. That will be all planted with ground cover. THE CHAIRMAN: I can't agree. Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an accessory building in Southold Town Board of Appeals -7- August 12, 1976 front yard area, north side Petty's Drive, Orient, New York. The findings of the Board are that the pool, in the judgment of the Board and the Building Inspector, would be unsafe. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Pinewood Landscaping a/c Gianfranco Monacelli, Petty's Drive, Orient, New York be DENIED permission to con- struct accessory building in front yard area, north side Petty's Drive, Orient, New York as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2168 - 8:20 P.M. (E.D.S.T.) upon application of Horace and Ruth Terry, 125 North Lakewood Circle, Maitland I, Plorida (Irving L. Price, Jr., Attorney) for a variance in accordance with the Zoning Ordinance, Article 100-30 & Bulk Schedule for p~rmission to divide lots with in- sufficient width and area, and approval of access. Location of property: Private road off north side of Main Road, Orient, New York, bounded on the north by DiLorenz0; east by Conroy; south by Stephenson; west by Long Island SoUnd. 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 byreading the application for a variance, legal notice of hearing, affi- davits attesting to its publication in the official news- papers~ and notice to the applicant. The Acting Chairman ~1~o read ~stat~ment from the Town Clerk Ghat notification by certified mail had been made to: H. DiLorenze; Harold J. Conroy; Donald Stephenson; John Lomas; Grace Lomas. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -8- August 12, 1976 IRVING L. PRICE, JR., ESQ.: I-am here on behalf of the petitioners. All of our reasoning is covered in the applica- tion. We point out that each lot would be 92.5% of the Bulk Area required. Various maps show the size of the lots within 200' of same. ACTING~CHAIRMAN: Where is the proposed division lin~ IRVING L. PRICE, JR., ESQ.: There's a separate map. (The Board and Mr. Price referred to the map and dis- cussed the property.) ACTING CHAIRMAN: The access is going to come in off this right-of-way, I presume. IRVING L. PRICE, JR., ESQ.: I believe it's a typical thing, where you have a recorded right~of-way but the one that's actually in use is different. ACTING CHAIRMAN: This is a deeded right~of-way? IRVING L. PRICE, JR., ESQ.: Yes. (The Board and Mr. Price discussed the loaation of the right,of~way.) HAROLD CONROY: I would like to know what access is going to be available to this Terry land. IRVING L. PRICE, JR., ESQ.: The existing road is being used. This is the deeded right-of-way shared with others (on map) and this is clear. HAROLD CONROY: I have no concern then, because I'm over here (on map). I was just curious to know what you have on file. Just by way of information, how do they get two lots of 37,000 sq. ft~ when the division is unequal? ACTING CHAIRMAN: It's not unequal. It's here on the survey. HAROLD CONROY: I see. I was just curious, I have no objection at all. ACTING CHAIRMAN: Would anyone else like to speak? (There was no response.) Southold Town Board of Appeals -9- August 12, 1976 Is there anyone in opposition? (There was no response.) Any member of the Board have any questions? ROBERT BERGEN: You're sure that it's filed? IRVING L. PRICE, JR., ESQ.: I know it is. I represented them when they bought the property originally, and we had to get a right-of-way from Ezra Young all spelled out. It's a guaranteed title. I can submit that proof if I have to. After investigation and inspection the Board finds that the applicant requests permission to divide lot with insuffi- cient width and area, and approval of access, private road off north side of Main 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. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Horace and Ruth Terry, 125 North Lakewood Circle, Maitland ~, Florida be GRANTED permission to divide lots with insufficient width and area, and approval of access, private road off north side of Main Road, Orient, New York, as applied for. Vote of the Board: Ayes: - Messrs: ~e~qen, Hulse,~ Grigonis, Doyen. P~LIC HEARING: ~P~ai No. 2169 - 8:40 P.M. (E.D.S.T~) upon~PPiiCa~ion 6f J0h~'E. Rempe,~676 B~shore Road' Greeni P~r~, ~W York for a special exception in ~acco.~d~hce W~th the Zoning Ordinance, ~Article III, Section 100-30 C (6f) for per- mission to erect off-premises directional sign. Location of property: Main Road and Kerwin Boulevard, Arshamomaque, New York; Map of Peconic Bay Estates, Lot ~178. Southold Town Board of Appeals -10- August 12, 1976 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 Town Clerk that notification by certified mail had been made to: Joseph Mann; Ira L. Rock. Fee paid $15.00. THE CHAIRMAN: The proposed location of the sign is on Kerwin Boulevard a~joining the railroad. He has permisBi~n~y the owner of the premises on which he would like to place this sign: John E. Rempe has my permission to place a sign on the corner of my property (Kerwin Blve., Rt. 25). /s/ Gus & Ann Ciacia Is there anyone present who wishes to speak for the application? (There was no response.) Is there anyone present who wishes to speak against this application? (The~e was no response.) ROBERT BERGEN: He already has a sandwich sign there with- out a permit. THE CHAIRMAN: This is an off-premises, directional sign for a business. Early in our zoning experience here, we found that we had to limit off-premises directional signs to signs which we considered to be in the interest of the traveling public, such as places to eat and sleep, amusement areas, etc. Other signs that we have permitted are ones in the general public interest, such as directing people to a business center, directing trucks, and directing people to out-of-the-way necessities. The general rule is no off-premises directional signs to off-premises businesses because we don't want to proliferate, to use someone else's expression, "the visual polution of the Town of Southold" by permitting all businesses to direct travelers to off-premises locations. There would be no end to it. When we first got zoning, we had applications from banks, drug stores, etc., and we had to establish this policy. Are there any other questions? (There was no response.) Southold Town Board of Appeals -11- August 12, 1976 After investigation and inspection the Board finds that the applicant requests permission to erect off-premises directional sign on the property of Gus Ciacia, Main Road and Kerwin Boule- vard, Arshamomaque, New York. The findings of the Board are that it is the policy of the Town to not permit off-premises direc- tional sign to off-premises businesses. The Board finds that the public convenience and welfare and justice will not be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, John E. Rempe, 676 Bayshore Road, Greenport, New York be DENIED permission to erect off-premises directional sign, Main Road and Kerwin Boulevard, Arshamomaque, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2170 - 8:45 P.M. (E.D.S.T.) upon application of John Zazecki, Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to set off a lot with insufficient width. Location of property: south side Main Road, Willow Hill, Southold, New York, bounded on north by Main Road; east by Schmitt; south by Milford; west? by other land of applicant. 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: Mrs. Otto Schmitt; Archaeological Association c/o Stanton Mott; William Milford. Fee paid - $15.00. THE CHAIRMAN: The property is located on the Main Road in %he Willew Hill area, Southold. The lot, on the photostat~of the County tax map, has 1.44 acres. It is an unusual shape, pie shaped, with an indentation to the south. Is there anyone present who wishes to speak for this application? ~$~ M~RS. JOHN ZAZECKI: Ail I can say is we want to build a ~0~-~e there. Southold Town Board of Appeals -12- August 12, 1976 THE CHAIRMAN: This is being set off from the rest of the property, correct?- MRS. JOHN EAZECKI: From the rest of my mother-in-law's property, yes. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Does anyone wish to spe~k against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set off a lot with in- sufficient width, south side Main Road, Willow Hill, Southold, New York. The findings of the Board are that the lot is of unusual shape and has enough 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. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, John Zazecki, Main Road, Southold, New York be GRANTED permission to set off a lot with insufficient width, south side Main Road, Southold, New York as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC~ HEARING: Appeal No. 2172 - 8:50 P.M. (E.D.S.T.) upon application, of Ella Reinhardt, Reydon Drive, Southold, New York (Edward John Boyd V, Attorney} for a variance in accordance with the Z~n~ngOrdinance, Article III, Section 100~30 & Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: west side Reydon Drive, north side West Shore Drive, Southold, New York; Lots 1 to 6, Section A, Reydon Shores. The Chairma~ opened the hearing bylreadi~g the application for a variance, legal notice of hearing, affidavits attesting to Southold Town Board of Appeals -13- August 12, 1976 its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. John H. Beach. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? EDWARD JOHN BOYD V, ESQ.: There will be no new construction as a result of this. It would simply be a matter of splitting up the property. Mrs. Reinhardt would be responsible for the front portion, that is the portion closest to the water, whereas her son, who has been living in the rear portion for approximately 20 years, would become responsible for the maintenance surrounding that piece. THE CHAIRMAN: Which is his property? (The Board and Mr. Boyd then referred to the map.) One of these is a summer rental? EDWARD JOHN BOYD V, ESQ.: Yes, this house (on map) is a summer rental. This one (on map) is where Mrs. Reinhardt actually lives. THE CHAIRMAN: This house was built, I think, since zoning. Didn't we give a variance for this? EDWARD JOHN BOYD V, ESQ.: There was some sort of permit given for it. It was since the beginning of all zoning, yes. THE CHAIRMAN: Then really we are being asked to recognize an existing situation. EDWARD JOHN BOYD V, ESQ.: That is correct. THE CHAIRMAN: Does anyone wish to speak against ~his application? KEEVER STAHL: I'm representing Mrs. Beach, I'm her son- in-law, and she is a next-door neighbor. She has a letter here which I will submit to you. THE CHAIRMAN: I'll read it. I was opposed to the initial placement of a mobile home on the Reinhardt property adjacent to mine on West Shore Drive in Reydon Shores. Unfortunately, I became aware of the situation after the building permit had been granted. Its presence has had an adverse effect on the valuation of my property. Southold Town Board of Appeals -14- August 12, 1976 Subdividing the land and establishing a separate parcel, is further erosion of covenants and restrictions. Control of the utilization of that proposed separate parcel at status quo cannot be guaranteed. In the interests-of my property valuation, and personal comfort and security, I oppose the granting of a variance to Ella Reinhardt. /s/ M. Lillian Beach There are a couple of points I would like to ask the councelor about in this letter. Of course, the Board is not guided by covenants and restrictions, but just as a matter of information is this correct, is "s ' ' ' ' ubdlvldlng the land and es- tablishing a separate parcel, is further erosion of covenants and restrictions"? EDWARD JOHN BOYD V, ESQ.: I am not aware of any such covenants and restrictions. THE CHAIRMAN: We understand that Mrs. Reinhardt acquired this property before zoning, right? EDWARD JOHN BOYD V, ESQ.: Absolutely. THE CHAIRMAN: It was lots 1 through 6. EHWARD JOHN BOYD V, ESQ.: Thau is correct. THE CHAIRMAN: I think maybe this gentleman would like to add something. KEEVER STAHL: First of all, the home that is there, that's sort of like a mobile home, maybe it's not considered as such, but it lOoks like a trailer type home, does not conform with any other construction in that area. THE CHAIRMAN: That may be true, but there's no a~chitectural guide in the Town of Southold. We've got enough regulations with- out that. KEEVER STAHL: Well, I think it shows sort of a disrespect for the community to put in such a structure as that. THE CHAIRMAN: How long ago was that put in? EDWARD JOHN BOYD V, ESQ.: Approximately 20 years ago. ELLA REINHARDT: No, not the mobile home. THE CHAIRMAN: Well, it would obviously be there either before zoning, or you got a Certificate of Occupancy before... Southold Town Board of Appeals -15- August 12, 1976 KEEVER STAHL: Well, it's there, so we can't argue that point. However, three homes on that property, as I understand it, would now be a nonconforming use. That property is not large enough for three homes under pressRt zoning regulations. THE CHAIRMAN: Yes, I agree with you on that, but we have an existing situation. KEEVER STAHL: The point I would like to make is that a nonconforming use can only exist so long as that property is there, the original property. If for any reason that i~ de- teriorates, if it must be torn down or anything, it cannot then be replaced. That's a continuing nonconforming use. That's how it is in Maryland at least, is that the case locally? THE CHAIRMAN~ A nonconforming use can be continued. KEEVER STAHL: Without Board approval? THE CHAIRMAN: Without Board approval unless it burns down or something like that. KEEVER STAHL: That's what I mean. THE CHAIRMAN: Then someone has to make a judgment as to whether, more than 50% of the value was destroyed in the fire, then the Board can or not continue the nonconforming use. KEEVER STAHL: However, if this division of the property were approved, then it would no longer be a nonconformin~ use. That would mean then, as I understand it, that it could be replaced with any'other, larger building, or anything else. THE CHAIRMAN: I wouldn't say this was a nonconforming use at the time it was put there. Leaving out the fac~ that it's a trailer, if Mrs. Reinhardt built another hous if there had b~sn a house there, that is something zonin~ change. KEEVER STAHL: I understand that, but no matter what kind of house i~ would'be, it would now be nonconforming since there are three of th~m on'this property, isn't that right? ROBERT BERGEN: There's three on there now. THE CHAIRMAN: It is proposed to make it ¢onforming~ An action of this Board, if it were granted, would make it '6onL forming, whatever the size. We are guided by the surrounding neighborhood in creating smaller lots than the minimum 40,000 sq. ft. Southold Town Board of Appeals -16- '~ August 12, 1976 KEEVER STAHL: The point that I want to bring out is that if you approve this division I see this as also approving the possible further extension of construction on that property. This trailer could be removed and a larger home put there. THE CHAIRMAN: No, I don't think that could be done. KEEVER STAHL: But that lot, which will actually be smaller than a lot should be, once it's divided could then be the site for any home, couldn't it? ROBERT BERGEN: Well, a home can only cover a certain percentage of the property. THE CHAIRMAN: The lot that Mrs. Reinhardt wants to deed to her son is defined here in this survey. If someone bought this trailer from her son and then proposed to put a house there, we would not be able to permit that. KEEVER STAHL: That's the basis of our complaint, that this could lead to further :construction. THE CHAIRMAN: No, I think that one of the conditions that we would put in this variance would be that there be no further construction. EDWARD JOHN BOYD V, ESQ.: No further construction is contemplated. THE CHAIRMAN: This does not preclude somebody coming in who might want to build a garage, but you would not get further density, there would be the same number of people. Does anyone else wish to speak against the application? WILLIAM GRAHAM: I'm president of the Reydon Shores Prop- erty Owners Association. In relation to the restrictions on that property, I have the deed with recorded restrictions here which was signed by Anton and Ella Reinhardt in which it is stated that no more than two dwellings may be placed on lots 1 through 12 inclusive. THE CHAIRMAN: This is irrelevant to our decision. This a dispute between you and Mrs. Reinhardt. If Mrs. Reinhardt has violated the covenants which she signed, the Reydon Shores Property Owners Association will have to pursue this with Mrs. Reinhardt. WILLIAM GRAHAM: Well, I hope you will read this. (Mr. Graham gave the Chairman a letter from the Reydon Shores Prop- erty Owners Association.) Southold Town Board of Appeals i17- August 12, 1976 If your neighbor agrees to do something with you, you expect him to follow through. (The: Chairman read the letter 'dated August 12, 1956, to the Board of Appeals from the Reydon Shores Property Owners Association. i Point ~4 of that letter is as follows: "If such a variance is granted, the 0.288 parcel becomes a separate parcel. Mrs. Reinhardt ~annot guarantee that such property would not result in new construction nor increase the popu- lation density of the area because Mrs. Reinhardt would have no further control over the disposition or development of such property.") THEr~L~'~R~5~N: In response to Point ~4, the residence could be ~orn down, rebuilt, changed. It could not become a two-family house, that requires 80,000 sq. ft.; it could not become a boarding house. If the house were replaced they could not do other than provide for a one-family residence. WILLIAM GRAHAM: At present there are three houses. There could possibly be three families living on that lot. There is one family at present, Mrs. Rienhardt and bergson. THE CRAI~VLAN: If Mrs. Reinhardt elected to sell her property, .t~ere might be an increase in thedensity in Mrs. Reinhardt~§~heuse, a whole family might move in. All things change, but not as to the number of residences on this prop- erty. WILLIAM GRAHAM: In other words, there couldn't be three separate families on that property? THE CHAIRMAN: There are now. Well, two are seasonal. WILLIAM GRAHAM: But they're not fully utilized all year round. What I am getting at is it could be three all year round families. THE CHAIRMAN: It certainly could. It happens all the time. WILLIAM GRAHAM: At present it isn't, so that the density could be increased at a future time. THE CHAIRMAN: We have no way of controlling those things. Does anyone else wish to speak? (There was no response.) Mr. Boyd, would you like to reply to anything? Southold Town Board of Appeals August 12, 1976 EDWARD JOHI{ BOYD V, ESQ.: Yes, I would. Simply stated, I would like to say that we are not looking to change anything in the Reydon Shores community~ We are. simply looking for~the approval and the recognition-of the Board of a fact situation that exlsts at tke present t~me. ~We are not going to increase the density and we have no new construction planned. There's going to be nothing apparently different if this Board were to grant its approval and give a variance. It will simply be a change in ownership, one which will make things considerably easier for Mrs. Rienhardt. THE CHAIRMAN: Would anyone like to say anything in response to Mr. Boyd? WILLIAM GRAHAM: There are other properties there having more plot acreage than is asked to be a variance for. In other words, there are some that double that amount, and this could set a precedent that most people could ask for... _THE CHAIRMAN: No, not here. The policy of the Board would ~ttbe to further decrease an undersized lot. Occasionally, we take an oversized lot and divide it into tw~. They might not meet the 40,000 sq. ft. current requirement, which has been in effect for three years. I don't know whether you've ever thought of it this way, but suppose somebody came along and said you had to have four acres of land to build on, what do you Suppose would happen? This Board would be busy every night of the week. WILLIAM GRAHAM: Well, there are two parcels definitely that have more than an acre in Reydon Shores, so they could conceivably divide them and they would have a precedent to... THE CHAIRMAN: The courts look over our shoulders at these decisions. ROBERT BERGEN: Most of them have less than an acre. WILLIAM GRAHAM: I'm only talking about two other houses that are equally the same as this piece Of property. CHARLES GRIGONIS: I wouldn't say it would set a precedsnt because this house already exists. THE CF~AIRMAN: Are there any other questions? [There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set ~ff lot with insuffi- cien~ ~idth and ~rea, w~st side Reydon Drive and north side Southold Town Board of Appeals August 12, 1976 West Shore Drive, Southold, New York. The findings of the Board are that the Board is in agreement ~±th the reasoning of the a~plicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and w~utd not be shared b.y 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 w±ll observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was R~$OLVED, Ella Reinhardt, Reydon Drive, Southold, New York, be GR~NTED permissio~ to set off lot with insufficient width and area, west side Reydon Drive, north side West Shore Drive, Southold, New York as applied for, subject to the following condition: There will be no further increase in density on the property on either the portion divided or the portion remaining. Vote of the Board: AYES: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2171 - 9:20 P.M. (E~D.S.T,) upon application of Robert Adipietro, Peconic Lane, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (1) for permission to use existing premises f~r two-family house. Location of prop- erty: east side Peconic Lane, Peconic, New York, bounded on the north by now or formerly Turner; east by Hairston; south by Hariston and L.I.R.R.; west by Peconic Lane. The Chairman opened the hearing by reading the'application for a special exception, legal notice of hearing, a~fldavits 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: John F. Turner; Walter L. & Virginia L. Hairston. Fee paid $15.00. THE CHAIRMAN: This is in a neighborhood with generally smaller lots. A survey accompanying the application indicates that on the property on Peconic Lane is a two-story framed house which is approximately 50' from Peconic Lane. Southold Town Board of Appeals -20~ August 12, 1976 It is centrally located with f~tage on Peconic Lane with barns to the rear. The Van Tuyl survey of-May 20, 1976, indicates an area of 2.03 acres. The To-w~% Ordinance requires 80,000 sq. ft., and this would be about 86,000 or 87,000 sq. ft.. Is there anyone present who wishes to speak for this application? ROBERT ADIPIETRO: I think it is self-explanatory. THE CHAIRMAN: This is a large, house on the property. Do you know what the square footage is? ROBERT ADIPIETRO: Of the house? I would imagine 2,000 ft. THE CHAIRMAN: I understand it's well over the minimum re- quirements for a two-family house. Upstairs and downstairs, is that how you work it? ROBERT ADIPIETRO: Yes. I live in a portion of the house. THE CHAIRMAN: You propose to put two kitchens in there, right? ROBERT ADIPIETRO: Yes. THE CHAIRMAN: Adjoining you to the south is Hairston's, which is a three-family unit. D~sC~nyone wish to speak against this application? (There was no-response.) Does anyone wish to speak against this application? (~here was no response.) After' investigation and inspeCtion the Board finds that the applicant requests Permission t° use existing premises for ~wo-family house, east side P'e~onic Lane, Peconic., New York. The findi~gls of ~he Board are~h~'Board is in agreement with the reasoning of the applicaht. 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. Southold Town Board of Appeals August 12, 1976 On motion by Mr. Eulse, seconded by Mr. Doyen, it was RESOLVED, Robert Ad±pietro, Peconic Lane, Peconic, New York, be CRANTED permisSion to use existing premises for two- family house, east side Peconic Lane, Peconlc, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2174 - 9:30 P.M. (E.D.S.T.) upon application of Robert W. Wendell, 1020 Glen Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide lot with existing buildings. Location of property: Pine Neck Road and North Bayview Road, Southold, New York, bounded on the north by Pine Neck Road; east by North Road to Bayview; south by Van Zandt; west by Cowan and Jordan. 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 ap- plication for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Acting Chairman also read state- ment from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Chester H. Jordan; Mr. and Mrs. William W. Van Zandt~ Mr. and Mrs. Keith M. Cowan. Fee paid $15. ACTING CHAIRMAN: Is there anyone present who wishes to speak for this application? ROBERT WENDELL: I would like to divide the property. ACTING CHAIRMAN: You are going to retain the portionf I imagine, on which the house is presently located. ROBERT WENDELL: Yes ACTING CHAIRMAN: And sell off the back piece? ROBERT WENDELL: Yes. I would l~ke to build on the back pieoe. ACTINC CHAIRMAN: Does anyone else have anything they'd like to add? (There was no response.) Southold Town Board of Appeals -22- August 12, 1976 Is there anybody in opposition? WILLIAM VAN ZANDT: T~ere are four of us in opposition. I own property on the south. This is Dr. and Mrs. Cowan, ad- joining on the' ~est, and Mrs, Jordan on the west. We are the only ones who were not~fied and each of us is here to... ACTING CHAIRMAN: Would you like to voice your objections? WILLIAM VAN ZANDT: In the first place, the property owned by myself and my wife, immediately adjoining on the south, is 30,000 sq. ft. and listed as 68/100 of an acre on the tax map and is 75% of an acre as 40,000 sq. ft. as the rule would apply. We averaged it down to 17,600 ft. because of the rest of the parcels which run down probably 4, 5, 600 ft., there are 19 parcelse~g~kh~r. The applicant's parcel is ~19. Long before this requirement of the 40,000 sq. ft. and the 150' road frontage, that's when all of this other property to the south was built upon and used, and it is just about 90% if not 100% all-year- round residences. They run, almost four or five in a row, they run 100' x 150', 15,000 sq. ft.; that's down on the west side of the block. The point is, the petition fails to admit anything about the other properties to the north and east, which are the prop- erties the Board must necessarily know about. Pollert's prop- erty is some eight acres; Lighthouse Earm, on the north of the property, separated by a roadway; on the east is Rath's prop- erty, and both of them are required to maintain the 40,000 sq. ft. and the 150' road frontage. It seems to me that we are confronted here with a situ- ation over which we had no control and which may well be in- ]urlous, depending on what the intent and actions o~th~=~appll- cant are. He'.s a neighbor of ours, and we'd like to be like our neighbors, and well we should. That's about all I have to say at the moment, except that both Mr. Pollert and Mr. Rath, when I told them about it over the phone, they not having been notified, indicated that~ they would oppose it were they here. ACTINg.CHAIRMAN: Only adjoining property owners are notified. Rath and Pollert are across the street. Anybody else have anything they would like to add? DR. COWAN: The only question I have, if Mou do have an ordinance re~uir~ .~ay, 40,000 sq. ft. and then you come along and say "We~ ~e had ~ad la~s in the past; therefore, we'll continue to keep these bad laws going." I mean, either you have 40,000 sq. ft. or you don't. Southold Town Board of Appeals -23- August 12, 1976 ACTING CHAIRMAN: You can't come into an existing commun- ity, or township, 'or county, or anyplace that's been in exist- ence for some t~o or three hundred yea~s and ~et down a zoning ord±nance ~hick ~s go,nH to cover every s~tuat±on. DR. COWAN: Why was it establisked at 40~000 sq. ft.? ROBERT BERGEN: It was originally developed for cutting a piece of property out of a large parcel. DR. COWAN: OK, so you have the large parcel, why Chop it up? ROBERT BERGEN: Well, a lot of these homes up in... DR. COWAN: Chop it up to 40,000 sq. ft., OK, but after 40,000, why go backwards? Why was it asked to have 40,000 sq. ft.? What was the reason? What's the purpose? CHARLES GRIGONIS: The purpose mainly was for new areas that were going to be developed, but it seems, the reason Board sits here on each thing, it seems quite unfair sometimes to make one person sit on 75,000 sq. ft. when his neighbor's got 35,000 sq. ft.. DR. COWAN: But when people buy this property, they know there is an ordinance. CHARLES GRIGONIS: It wasn't there, probably, when they bought it~ WILLIAM VAN ZANDT: How long ago did you buy it? ROBERT WENDELL: We just bought it. DR. COWAN: OK, so he knew what the ordinance was, and obviously bought it so he could divide it. His lawyers, or the realtor, said "No problem, the Board will go along with'it." ACTING CHAIRMAN: The courts have held that in an area which is developed that it is a hardship to require one per- son to have an oversized lot if the area has already been de- veloped and the character established. The precedent has been set in the courts, they have ruled on this many times, and that's probably the reason why you're here. DR. COWAN: He just bought it. He knew... ACTING CHAIRMAN: It makes no difference. Somebody's owned it for years. Anybody else have anything they'd like to add? Southold Town Board of Appeals -24- August 12, 1976 DR. COWAN: Well, I'd like to spea~ for Mrs. Jordan. This property, altkougk it's pretty large, the. gar~e, part of the garage, is on ~e'r property. MRS. JORDAN: It's an old lot. DR. COWArd: So they've got 44,000 sq. ft. and the garage is on her property. MRS. JORDAN: The corner ~of it is. WILLIAM VAN ZANDT: The print there will show it. It's a curvature of about 2-1/2" and it's been there for so many years that probably the Statute of Limitations doesn't cover it. DR. COWAN: Could she get a variance on having this moved? ACTING CHAIRMAN: There's an encroachment of 2+ inches. DR. COWAN: 2-1/2", granted, is not much but still, from her house to the garage... ACTING CHAIRMAN: Which piece of property are you, Dr. Cowan? DR~i COWAN: We're on the west. ACTING CHAIRMAN: So you're Lot 92 or Lot ~17 WILLIAM VAN ZANDT: Jordan is the corner lot. ACTING CHAIRMAN: Then you are the next one down. You are on Lot 92 here (on map) and Jordan is 91. There's a little 50' lot in there too. 93 is a very small lot. WILLIAM VAN ZANDT: There's a Town drainage ditch... DR. COWAN: That's Town property. ACTING CHAIRMAN: That's right, that's where the drain is. Are there any other questions? DR. COWAN: How big are these two lots going to be? ACTING CHAIRMAN: 22,000 sq. ft.. It will have 200' on Pine Neck Road, the one lot, and the other lot will have 245' on North Road to Ba~v±ew. WILLIAM VAN ZANDT: Isn't that subject to crit,icism$£~ir, it runs UP to a corner and is really not usable in the full Southold Town Board of Appeals August 12, 1976 sense of the word. On the diagram there, that gore is put on there so as to meet the 150' ACTING C~A~RMAN: Up to the northeast corner of the prop- er~y here. WILLIAM VAN ZANDT:' That piece is absolutely w~rthless and is being counted by each owner, owner off-the northerly part and the owner of the proposed southerly part, as part of their 150' frontage. It seems to me that should be squared out and have depth and so forth. ACTING CHAIRMAN: It's really very immaterial, no matter where you put this line, this corner piece is unusable. In other words, what you're saying is the line should go 150' and come down here (on map). WILLIAM VAN ZANDT: The dividing line between the prop- erty should correspond with the 150' road frontage. ACTING CHAIRMAN: No matter where you put this line, you still have an unusable portion of land on this corner. It is really very immaterial where this line is drawn. You have an unusable portion of land here no matter where you put this line. If you go 150' on Pine Neck Road and draw a line parallel to the westerly side line, this portion is unusable (on map). ROBERT BERGEN: You wouldn't be able to see around that corner. ACTING CHAIRMAN: This way, nothing can ever be put up in this corner. This corner will always be clear. I think it would be better this way. WILLIAM VAN ZANDT: You don't think it will be downgrading the... ACTING CHAIRMAN: Not in the least. The only thing that would change is the line on the map. When you look at it you have no idea where the line on the map is drawn anyway. This is an unusable piece of property here, you've got a piece right in here that can never be used. WILLIAM VAN ZANDT: So it's really of' no significance ex- cept to add a nominal complaint, no worth whatsoever. ACTING CHAIRMAN: Every lot has this area. ROBERT BERGEN: Especially a corner-lot. Southold Town Board of Appeals -26~ August 12, 1976 ACTING CHAIRF~AN: Every lot has this area, a corner lot has more of it, but ~every lot has it. Your lot 'has area that cannot be used, that just add~~ to' the area of y~ur~Qt. Anybody else have any questions they'd l~ke to ask? (There was no response.) Mr. Wendell, any, thfng you'd like to add? ROBERT WENDELL: I'd like to say one thing. I did go to contract on this property to buy it for my father to be able to come out here summers. My father hasn't been a well man since World War I, he was .gassed in World War I. He's 77, and I thought it would be a good idea, and it's impossible right now for him to...I~m hoping he can stay in the apartment where he is right now. The original idea was to buy it for him, and since then I've decided to subdivide it. ACTING CHAIRMAN: Anybody else have anything they'd like to add, or have any questions? WILLIAM'VAN'ZANDT: I don't see any evidence of maintenance that's alleged in the applications We adjoin this, and we look right out on the property. It's in the same condition it was 10,000 years ago with oak trees and horse chestnuts, etc/ The maintenance is zero. With the exception of paying taxes, if someone wants to get out of paying taxes, that's a hardship, but not as far as specifics are concerned. ROBERT BERGEN: Chances are, it will be maintained better. DR. COWAN: That's one reason ky we are here. WILLIAM VAN ZANDT: We have no insurance on that, you're the only ones who can help us out on that. You can add a con- dition that somebody maintain that lot. ACTING CHAIRMAN: Well, I'm afraid we couldn't do that. WILLIAM VAIq ZANDT: But I'm afriid you do it every day, make specifics and so forth. How many thousand square feet, ali~year-round home, comply with bank requirements for ob- taining mortgages, summer Cottages can't qualify~ We've got one summer cottage on there right now. We certainly don't want two. ACTING CHAIRMAN: Just to-clear t~fs up a little, anything that is built on this will now have to comply with building codes. It ~7ill now have to have at least 850 sq. ft. of :living area, Southold Town Board of Appeals ~27~ August 12, 1976 which isnot large,~ but it's not one of these small, one-room cottages that people put up. Anything that is put up will have to conform to the~t~at~ Rui~d~ng Code and tk~ngs like this so you ca~'t-get away ~t~ anymore of the old f~sh~o'x 'ho'uses we used to have. Are there any other questions? WILLIAM VAN ZAN~T: Will the Board be able to consider quoting the 40,000 and the 150' and still justify that with this application if favorably looked upon? Aren't they dia- metrically opposed? ACTING CHAIRMAN: Due to the surrounding area, I think the Board would be remiss in denying this. DR. COWAN: You can't say surrounding area, you're sur- rounding trees, grass and flowers. ACTING CHAIRMAN: Well, I don't think you can really con- sider somebody who has 15 or 20 acres in one parcel. DR. COWAN: How does that surround this property? ACTING CHAIRMAN: Where this area was divided, in this more or less subdivision, right here in this immediate area, every- thing was cut up into quite smaller parcels. DR. ~OWAN: In other words, Zoning doesn't mean a heck of a lot. ACTING CHAIRMAN: It does if you are in a new area. The 40,000 sq. ft. was for a new development. Everybody out here isn't on 40,000 sq. ft.. Lots of people aren't. There's very few right here who are on 40,000 sq. ft. except for the two here~ ~on map). DR. COWAN: But why move backwards? ACTING CHAIRMAN: I don't feel we are, and the courts have said we are not. This could be overturned by the courts if they felt we did. WILLIAM VAN ZANDT: Can you give me a citation on that? ACTING CHA!.P~d~: No, I can't., but I can have it looked up for you if y0u illke. I can have our attorney look it up. They're on file here, more than one. DR. COW~: I would say that very obviously the property was b~k~.~with the idea, "No problem, we can get a variance." Southold Town Board of Appeals August 12, 1976 ACTING CHAIRMAN: It's very possible. I w~n't argue the point with you, it's very possible. DR. COWA~: Well, I found out how the Board operates. ACTING CHAIRMAN: Do I hear a motion on this piece? ROBERT BERGEN: I'll make a motion granting it. ACTING CHAIRMAN: Anyone second it? CHARLES GRIGONIS: Actually, maybe we should take a little more time on this. (Mr. Grigonis discussed this with the Board.) It's this thing that, we don't know, six months or a year from now, they could pass an ordinance to up the zone up to 60,000. Practically half the Town would be in trouble then. It's one of these things that... WILLIAM VAN ZANDT: Wouldn't that be subject to a refer- endum, sir? CHARLES GRIGONIS: Yes, but this was too. DR. COWAN: It must be being done for a purpose. ACTING CHAIRMAN: No, the Zoning was not subject to a referendum. DR. COWAN: No, I say that to hold public hearings... ACTING CHAIRMAN: The Town Board passes Zoning, there's no referendum. DR. COWAN: The reason you have minimum sized lots mast be for a purpose, which I presume is to keep the population density down. So why go backwards? Why do we say, "Well, it doesn't matter." CHARLES GRIGONIS: Well, there's maybe two cases out of 40 lots where something like this comes up. ACTING CHAIRMAN: Would you like us to postpone decision on this until the next meeting? (To Mr. Grigonis.) CHARLES GRIGONIS: Yes, I think so. ACTING CHAIRMAN: Will you withdraw yours? (.To Mr. Bergen.) ROBERT BERGEN: Yes. Southold Town Board of Appeals -29~ August 12, 1976 On motion by' Mr. Grigonis, seconded b~y M~r. Bergen, it was RESOLVED tb~ tke 'decision upon-tke application of Robert W. wendell, 1020 Glen Road, Soutkold, Ne-~ ~ork, ~ppeal No. 2174, be POSTPONED until t~e 'September 2, 1976, mee~±ng of the Board of Appeals~. Vp~e of the Board: Ay~s:~ Messrs: Doyen. Hulse, Bergen, Grigonls, PUBLIC HEARING: Appeal No. 2173 - 9:55 P.M. (E.D.'S.T.) upon application of Dorothy Konarski, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A (a) (1) for permission to enlarge farm stand. Location of prop~ty: south side Main Road, Cutchogue, New York bounded on north by Main Road; east by Krupski; west by Klos. The Chairman opened the hearing by reading the appli- cation 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 letter from' the Town Clerk indicating that notification by certified mail had been made to: Albert J. Krupski; Theodore Klos. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? DOROTHY KONARSKI: This is not a permanent building, it's just a stand with a roof. If I have to comply with the 20' setback, it would put it right in front of my ho~se/ THE CHAIRMAN: There's not room on the easterly side of the existing buildings? I mean, on the westerly side? DOROTHY KONARSKI: No. We have a curved dri~e-in. THE CHAIRMAN: Your house isn't shown on the sketch. It's here, right? ~on map) DOROTHY KONARSKI: Yes. THE CHAI~RMAN; Anyone else '~i$.h'to $.pealkfor. th~s appli~ cation? (There was no response.) Southold Town Board of Appeals -30~ August 12, 1976 Is the~e anyone present ~ho ~iskes-to speak against this application? (There %fas no response.) After investigation and inspection the Board finds that the applicant requests permission to enlarge farm stand, south side Main Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the. applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not 'be shared by all properties alike in the immediate vicinity of this property and 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, Dorothy Konarski, Main Road, Cutchogue, New York be GRANTED permission to enlarge farm stand, south side Main Road, Cutchogue~ New York, as applied for, subject to the following condition: The building will not b~ made into a permanent structure, and will be left ~p. en as constructed. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2175 -.10:05 P~M. (E.D.S.T.) upon application of Micheline M. McCracken, 5311 Pall Point, LaCanada, California (Iserman & Iserman, Attorneys) foz a var- iance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide prop- erty with existing dwellings. Location of property: west side Montauk Avenue, Fishers Island, New York, bounded on the'north by S. Morell; east by Montauk Ave~e~ south by Hedge; west by Right~of~way~ he Chazrman opened the hearing by readlng the applica- tion for a varzance, la~.al notice of kearing, affidavits at- testing to its publ.~catlon in tke official newspapers, and otics 'tO tke applicant. Tke Chairman also read letter from the ToWn Clerk indicating that notification bY certified mail had been made to: Stephen Morrell; Mr. & Mrs. Edmund Hedge; Rose Medert. Fee paid - $15.00. Southold Town Board of Appeals -31' August 12 , 1976 SERGE DOYEN: Thi~ i~ on a hill. (Mr. I~erman and tke Board discussed tke lo'cation of the property,.) This is the. most logical d~vi~ion and tb~fs ~ncludes the cesspool. That's anotker reason why. they anqled it off here. THE CHAIRMAN: What are we talking about in terms of area here? 0.15 acres? JORDAN ISERM3LN: Yes THE CHAIRMAN: The whole thing is 0'.15 acres? ,SERGE DOYEN: No. I haven't seen it lately, but whatever it is, it's very small. There's about a dozen in there that are no larger, smaller even. Some of those lots in there with houses, some of the lots are hardly larger than the house. JORDAN ISERMAN: This might.help the Board. This is the original survey of the property. This is the proposed sub- division of the property as it now exists. It's pretty much a 50-50 division of the property, Topographically, this is high (on map) and this is low. It slopes down to Montauk Avenue. SERGE DOYEN: The slope is more this way. JORDAN ISERMAN: This piece here, which is owned by M0rell, is the Pequot Inn, which is the major hotel-motel complex-~ whatever you want to call it, on the Island. Right over here is a gasoline station. SERGE DOYEN: This drawing isn't correct as to the Pequot, that isn't the correct information. They claim theft this house, the chimney is in their property. But that's not really im- portant. JORDAN ISERMAN: I did bring with me, this is an old sur- vey from t934~ wh~ch shows the e~isting ... in existance in 1934 as a single and separate dwelling. If you wish, I have three separate deeds, one for each parcel, showing the title. SERGE DOYEN: That's OK, that's just so many words, we're going to divide it aA it is, we don't need any arguement. THE CHAIRMAN: In this particular one, the house is half over tke 'property line. JORDAN ISERMAN: That was nothing unusual back then. I have the other deeds showing how she acquired the other two parcels. I request to the Board that this application be Southold Town Board of Appeals August 12, 1976 granted as the surrounding properties, I believe, will not be adversely affected. THE CHAIRMAN: Tkese two houses are rented, or what? JORDAN ISERMAN: They were both rented. SERGE DOYEN: The reason she's dividing it is because the fellow who lives in that small house, the people he works for are buying it for him. Lindsay Sinclair lives there and his employers are buying it for him. JORDAN ISERMAN: Lindsay Sinclair's lived there in one of the houses, I understand, for a number of years, and this house has been occupied by various, sundry families, including my client's mother and father. THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide property with ex- isting dwellings, west side Montauk Avenue, Fishers Island, 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. Doyen, seconded by Mr. Hulse, it was RESOLVED, Micheline M. McCracken, 5311 Pali Point, LaCanada, California (Iserman & Iserman, Attorneys) be GRANTED permis- sion to divide property with existing dwellings, west side of Montauk Avenue, Fishers Island, New York, as applied for. Vote of the Board: Aye: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals ~33~ August 12, 1976 The meeting was adjourned at 10:30.P.M. Respectfully, ~ubm~tted, Mary ~f/Dawson Secretary