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HomeMy WebLinkAboutZBA-05/20/1976 APPEAL BOARD MEMBERS Robert W. Gillispie, .Jr., Chairman Robert Bergen Charles GrigonJ% Jr. Serge Doyen~ Jr. Fred Hulse, .Jr. Southold Town Board of Appeals ISOUTHOLD, L. !., N.Y. 119'71 Telephone 765-~660 MINUTES Southold Town Board of Appeals May 20, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E~D.S.T.), Thursday, May 20, 1976, at the Town Office, Ma±n Road, SoUthold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Jr., Serge Doyen, Jr. Also present: Sherley Katz of the Long Island Traveler- Mattituck' Watchman; Peter Campbell of The Suffolk Weekly Times; William Terry representing the North Fork Environmental Council. 7:30 P.M.- Decision of the Board on Appeal No. 2114, J. Parker wickham, scheduled for tonight, was postponed by the Board until 7:30 P.M., ThurSday, June 10, 1976, upon request of the office of Robert Tooker, Esq. The following letter dated May 6, 1976 was received by the Chairman: Southold Town Board of Appeals -2- May 20, 1976 Robert W. Gillispie, Jr., Chairman Zoning Board of Appeals Southold, N. Y. Re: Dalchet Corporation to Rakowicz Dear Mr. Gillispie: "On January 19, 1976, the Dalchet Corporation conveyed to one Stanley M. and Barbara Rakowicz a parcel of land fronting on Harbor Lane, Cutchogue, New York. The land conveyed is that parcel shown in the enclosed photocopy of survey. It has now come to our attention that application should have been made to your Board for the approval of the sale of this parcel of land to Mr. and Mrs. Rakowicz. The reason for such rests in the condition imposed by your Board when granting an area variance on the conveyance from Dalchet to Fogarty of the parcel situate at Main Road, Cutchogue, New York. Please be assured that the conveyance to Rakowicz was effected without any intent to circumvent the previous ruling of your Board. The condition of approval required by your Board was completely and inadvertently overlooked in this entire transaction. In any event, we trust that we might secure a letter of approval from your Board particularly in the light of the fact that the parcel set off to Mr. and Mrs. Rakowicz consists of both front and rear frontages of 150 feet and depths running to 308.31 feet. Thus, in terms of area there is in excess of 45,000 sq. ft. of area in the parcel conveyed. If this conveya, nce meets with your approval, we should appreciate receiving from you a letter to such effect at the earliest possible date. Thanking you for your courtesies extended, " Very truly yours, /s/ Richard J. Cron THE CHAIRMAN: This was a case where a farm house was granted a variance on a smaller than 40,000 sq. ft. lot pro- viding the applicant would pick up lost acreage when he sold the~~ rest of the lots. We note that 5,000 sq. ft. of the original deficit is accounted for by the overage of the size of land sold to Mr. Rakowicz. Southold Town Board of Appeals -5- May 20, 1976 THE CHAIRMAN (cont'd): One of the conditions of the Board's action dated May 23, 1974 is "Future sales of all, or any part, of the land remaining to Dalchet Corporation shall be approved by the Board of Appeals. The purpose of imposing this condition requiring approval of the Board of any future sale is to assure that the sub- stantial area deficit, of more than 20,000 sq. ft., created by setting off lot, ±n the present Action, is compensated for and corrected by increasing the size of any future tract or tracts which may be s01d or set off." On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals GRANT approval of the sale made to Stanley M. and Barbara Rakowicz on January 19, 1976. After investigation it was noted that the parcel set off consists of front and rear frontages of 150 feet and depths running to 308.31 feet There is an over- age in excess of 5,000 sq. ft. of the size of land sold to Mr. and Mrs. Rakowicz. In terms of area there is in excess of 45,000 sq. ft. of area in parcel conveyed. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. The secretary was directed to write a letter to Richard J. Cron, Esq. informing h~m of the above action of the Board. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated April 29, 1976 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -4- May 20, 1976 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of Appeals dated May 7, 1976 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. 7:45 P.M. - Decision on Appeal No. 2118, Joseph and Anne Polashock, Third Street, New Suffolk, New York. A public hearing was held on this appeal on April 29, 1976. By investigation and public hearing the Board~'~.P~l~ determined that the applicant owns an unimproved lot of approxi- mately one half acre at Jackson Street and 2nd Street in New Suffolk, surrounded on three sides by improved residential properties, opposite a 1.3 acre Town beach parking area Which accommodates parking for bathers plus an area reserved for and limited to approximately thirteen (13) autos with'boat trailers. When this latter facility is filled, particularly on weekends during the fishing season, roving automobiles with trailers simply park on the historically narrow streets of New Suffolk. The overflow parks on public and private property blocking driveways and contributing to all of the problems associated with heavy traffic in a confined area. Historically, New Suffolk is associated witk ship building, commercial and pleasure fishing during the season from May to October. The Town has built a ramp for launching private boats nearby, furnishes personnel to supervise parking and bathing. In spite of all efforts to accommodate visitors New Suffolk has a continuing problem which is temporarily relieved by the fact that the boat ramp is useless because of a sand bar. Dredging of this sand bar in order to accommodate the launching of local and visitor's boats is delayed by the massive bureau~- cracy concerned with environmental considerations involved in dredging. A seasonal variance, assuming that the Board of Appeals could, in fact, vary a residential use to a commercialluse, to permit seasonal parking of auto and boat trailers will not, in our opinion, solve the parking problem of New Suffolk by commercializing the applicant's lot and might compound the problem by encouraging more out of town residents to attempt fishing from New Suffolk. Neighbors adjoining the applicant's lot would, be subjected to noise, safety, traffic, and sanitary problems in excess of what is currently being experienced. Southold Town Board of Appeals -5- May 20, 1976 The applicant's hardship related to obtaining potable water was self imposed at the time of purchase of the lot prior to zoning and is not an unusual hardship in the area. It might be noted that there are residents on three sides of the applicant's lot using water. Further, it should be noted that, in our opinion, a substantial majority of New Suffolk's residents do not favor additional commercialization of the water-front area because of problems already noted. An over- all solution may be possible but such a solution is not within the province of this Board. 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 character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Appeal No. 2118, Joseph and Anne Polashock, Third Street, New Suffolk, N. Y., be DENIED permission to use vacant lot for parking on the north side of Jackson Street and west side 2nd Street, New Suffolk, N. Y., as applied for, for the reasons stated herein, without prejudice to a future solution. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Mr. Joseph Polashock questioned the above decision. He said "You did not go into anything about zoning from Business to Residential. This was zoned Business when I bought it originally. THE C~AIRMAN: What you mean is that it was a business area. to Residential. MR. POLASHOCK: notarized papers. In a case like that you have to send out Southold Town Board of Appeals -6- May 20, 1976 THE CHAIRMAN: I think you will find that all requirements were fulfilled. This is a matter that is up to the Town Board. I don't think this Board has the power to change your lot. MR. POLASHOCK: It's surrounded by business on the corner and around the corner. My complaint is that it was changed from Business to Residential without notifying me. Now that I have a chance to make some money I am being denied. THE CHAIRMAN: But not by this Board. We can't change the Ordinance. I think this problem has to be solved by the Town Board or the Planning Board. MR. POLASHOCK: Thank you for your trouble. PUBLIC HEARING: Appeal No. 2126 - 8:00 P.M. (E.D.S.T.) upon application of Doric Dimensions Corporation, CR27, Mattituck, New York (Catherine Zarbis) for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60C (B) for permission to erect additional ground sign. Location of property: south side Sound Avenue (CR27), Mattituck, New York, bounded on the north by Sound Avenue (CR27); east by now or formerly Pylko; south by now or formerly H. R. Reeve; west by now or formerly V. Norris. Fee paid $15.00. 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 statemen~ from Town Clerk of notification by certified mail to Joseph Meglio and Mary Pylko. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: I.S there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I will have to speak agains~ this application because the Ordinance has been amended to require that where there is more than one business on the premises each tenant shall join with the others in placing the name of his business on one 12' x 6'6" business sign. Southold Town Board of Appeals -7- May 20, 1976 After investigation and inspection the Board finds that applicant requests permission to erect additional ground sign on the south side of Sound Avenue (CR27), Mattituck, New York. The findings of the Board are that Twin Fork Fence Company, the company from whom Doric Dimensions Corp. are subleasing the property, does not wish to have another sign attached to its post for reasons of visibility. However, the Southold Town Ordinance has been amended to require that each tenant join with the others in placing the name of their business on one 12' x 6'6" business sign. Therefore, the Board finds that applicant must combine sign with present leaseholder's sign. The Board also finds that a second business sign was put in place prior to the amendment of the Ordinance which was amended to avoid duplication of business signs. The Board finds that the public convenience and welfare and justice ~ill not be served and the legally established or permitted 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, Doric ~imensions Corporation, CR27, Mattituck, New York, be DENIED permission to erect additional ground sign on premises located on the south side of Sound Avenue, (CR27), Mattituck, New York, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2127 8:10 P.M. (E.D.S.T.) upon application of Robert B. Hamilton, 1180 Smith's Drive South, Southold, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to build an addition leaving insufficient side yard. Location of property: Smith Drive SQuib, Southold, New York, Lots 47 and 48, Goose Neck Est. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hea~ing, affidavits attesting to its publication in the official newspapers, and notice to'the applicant. The Chairman also read statement by Town Clerk con- cerning notification by certified mail to: Thomas W. O'Neill and Goose Neck Property Owners Association. Southold Town Board of Appeals May 20, 1976 THE CHAIRMAN: The sketch accompanying the application shows that applicant has an existing dwelling and proposes to make an addition to this building which will decrease the present sideyardsl THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. ROBERT HAMILTON: I made a little sketch showing how it will be. THE CHAIRMAN: So the total sideyards at the rear will be about 24 feet. MR. HAMILTON: It is about 10" shy. THE CHAIRMAN: The total at the front will be 24'7" THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. THOMAS O'NEILL: I have no objection to the application. THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to build an addition leavinq in- sufficient side yard located on Smith Drive South, Southoid, New York. The findings of the Board are. that this is a very minor request for a variance occasioned by the topography of the lot. The Board agrees 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. Doyen, it was RESOLVED, Robert B. Hamilton, 1180 Smith's Drive South, SouthOld, New York, be GRANTED permission to build an addition leaving insuffi¢~ient side yard, Lots 47 and 48, Goose N~ck Est., Smith Drive South~ Southold, New York, as applied for~ subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -9- May 20, 1976 PUBLIC HEARING: Appeal No. 2128 - 8:20 P.M. (E.D.S.T.) upon application of Steven Papastefanou, Main Road, East Marion, New York (Bernard Wiener-Hendon Pools), 201 Hempstead Turnpike, Elmont, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C & 100-32 for permission to construct private swimming pool in front yard area. Location of property: Main Road, East Marion, N. Y., bounded on the north by Main Road (Rte 25); east by Private Road (Cedar Drive); south by Private Road (Cedar Drive); west by L. T. Vail. Fee paid $15.00. 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 attesting to notification by certified mail to: Lillian and Albert Vail. THE CHAIRMAN: The application is accompanied by a sketch and also a survey of Van Tuyl dated March 2, 1972. The property has 82.19 feet on Main Road, 298.18 feet on Private Road and 286.91 adjoining Vail's property. The dwelling runs lengthwise with the property facing Cedar Drive. The depth of the · lot inhibits the rear yard. The lot is surrounded by three roads. For zoning purposes the applicant has three front yards: Main Road, Cedar Drive and Private Road. Normally the applicant would not have to obtain a variance to install a swimming pool unless it conflicts with the usual location which is allowed in the rear yard. The purpose of the Board of Appeals is to grant relief to people who own old lots which existed prior to the passage of the Zoning Ordinance. In other words, to relieve unique or unusual hardship - both of which seem to apply in this case. Many of the adjoining lots are smaller in size than what is required by the Town now. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? BABETTE KULKA, Sesame Construction Services: I am represent- ing the swimming pool company, Bernard Weiner-H.endon Pools. I do b~lieve you covered it all when you said if ~his did not face on three roads, this problem would not exist. THE CHAIRMAN: Our Ordinance requires that a pool be enclosed with a 4 foot fence. Would your client have any objection to a higher fence? BABETTE KULKA: If you make that a condition, I am sure they would not object. Southold Town Board of Appeals -10- May 20, 1976 THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: I will read a letter whi~ch we have received, dated May 6, 1976, which protest.s the granting of this variance: "In connection with request of Mr. Steven Papastefanou for a zoning variance to put a swimming pool on the north side of his house adjacent to Main Road, we, as the owners of adjacent property on the west, do violently object to such a request. Yours truly, /s/ Mr. & Mrs. Albert E. Vail THE CHAIRMAN: There is also a petition from the Board of Directors of the Gardiners Bay Estates Club, Inc. signed by ten residents, dated May 15, 1976. (Petition in file). THE CHAIRMAN: I note that there are quite a few people present who I believe are here to speak against this application. MRS. ALBERT E. VAIL: I understood it was to be put on the north side. THE CHAIRMAN: Is this the principle point of objection? It's on the Main Road but the pool is to be placed south of the house. Does that answer your objection? MR. FRED M. WINGETT: That's the only reason we are here. After investigation and inspection the Board finds that applicant requests permission to construct private swimming pool at M~in'~o~ad and Cedar Drive, East Marion, N. Y. The findings of the Boar~ are that for zoning purposes the applicant ~has three front yards, the house is located running lengthwise with the lot and facing Cedar Drive. The depth of the lot inhibits locating a ~s~immlng pool~n the rear yard. The size of this lot and others in the su'rrounding area was established befa~e the passage of a zoning ordinance. The Board agrees 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 woul~ 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 -ll- May 20, 1976 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Steven Papastefanou, Main Road, East Marion, New York (Bernard Weiner-Hendon Pools), 201 Hempstead Turnpike, Elmont, New York, be GRANTED permission to construct private swimming pool in front yard area, as applied for, subject to the following conditions: 1. That the swimming pool be placed south of the house as applied for. 2. Fencing for the pool shall be no less than 5 feet in height. 3. Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gitlispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2129 - 8:30 P.M. (E.D.S.T.) upon application of George Wallace, Rabbit Lane, East Marion, N. Y. (Sesame Construction Services, Inc.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 30 C (2) (d) & 100-32 C for permission to constructlswimming pool on secondary parcel of land. Location of property: Rabbit Lane (Private Road), East Marion, N. Y., bounded on the north by Marion Lake; east by S. Wolfe; south by Rabbit Lane; west by R. Rackett. Fee paid $15.00. The Chairman opened th~ hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to it's publication in the official newspapers, and notice to the applicant. The Chairman also read letter from Town Clerk attesting to notification by certified mail to Donald M. Cyriaks, D. P. Racksttr j.'C. Racket%, Mr. and Mrs. Stefanides~ Mr. and Mrs. Stanley-Wo!ie. THE CHAIRMAN: Across the street applicant owns property which is approximately 104' x 152' and Which f~ont~ on Marion Lake. The proposal is to place the pool (60' x .~0'') on the easterly portion Of applicant's'vacant lot. .THE C~IRMAN: Is there anyone present who wishes to speak for this application? ~' Southold Town Board of Appeals -12- May 20, 1976 BABETTE KULKA: I would like to correct this application. The proposed swimming pool is not located on the easterly side but rather 5 feet from the westerly property line and 25 feet from Marion Lake. THE CHAIRMAN: Could you locate this 10 feet from the property line. Does that give you enough room from the culvert? MS. KULKA: I could not find the culvert but I understand from the construction crew that it is thers. When they were at the lot they measured that the pool would be 10 feet from the culvert. I'm sure they want to leave enough room so they don't hit a pipe. THE CHAIRMAN: Is it the owner's plan to sell? MS KULKA: I don~t think so. It is for his enjoyment. This property is really Used as one parcel, he considers it as one. THE CHAIRMAN: The proposal would be to puH it on the westerly portion of the lot which would be away from the stockade fence. We were going to suggest that it be at least 10 feet from the adjoining property owner but you have a culvert problem. MS KULKA: The hole that is dug is two feet wider than the pool. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? MS. KULKA: Would there be any objection by the Board to placing the pool 5 feet from the westerly line instead of from the easterly line? THE CHAIRMAN: No, there would be no objection. they discovered that the trees would shadow the~?6ol. will the pool be to Rabbit' Lane? I guess How close MS. KULKA: The lot is 152' deep on that side, it would be about ~0 feet from RAbbit Lane. THE CHAIRMAN: Suppose we say "no closer than 5 feet to the westerly property line, and no closer than 50 feet to Rabbit Lane? Southold Town Board of Appeals -13- May 20, 1976 MS. KULKA: Could the Board allow us closer to Rabbit Lane? We don't want to get too close to Marion Lake. Would you allow us 40 feet from Rabbit Lane? (The Board discussed the setback). THE CHAIRMAN: Yes, that would be back of the established front yard setback. MS. KULKA: I will send a revised drawing. After investigation and inspection the Board finds that applicant requests permission to construct swimming pool on secondary parcel of land located on Rabbit Lane (Private Road), East Marion, N. ¥. The Board agrees with the reasoning of the applicant subject to the pool being located no closer than 40 feet to Rabbit Lane, which would be back of the established front yard setback; and no closer than 5 feet to the westerly property line. 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. Bergen, it was RESOLVED, George Wallace, Rabbit Lane, East Marion, N. Y., be GRANTED permission to construct swimming pool on secondary parcel of land located on Rabbit Lane (Private Road), East Marion, N. Yo, as applied for, subject to the following conditions: 1. That pool be located no closer than 5 feet to the westerly pb~p~r~y line. 2. That pool be located no closer than 40 feet to Rabbit Lane. 3. Subject to approval of Suffolk County Planning Commission. 4. Also, subject to receipt of revised drawing from Babette Kulka, Sesame ConstructiOn Services, Inc. Vote of the Board: A~es:~ Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. ~ ~ ~ Southold Town Board of Appeals -14- May 20, 1976 PUBLIC HEARING: Appeal No. 2130 8:45 P.M. (E.D.S.T.) upon application 0f Edward C. Clingen, Young's Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article YII, Section 100-30 C (6F) for permission to erect off-premises rental sign. Location of property: South side Main Road, Orient, New York, bounded on the north by Main Road (Rte 25); east by C. Knispel; south by Hale & Kellogg; west by ~loyd King. Fee paid $15.00. The Chairman opened the hearing by ~eading 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 letter from the Town Clerk attesting to notification by certified mail to: Charles B. Knispel and Floyd F. King. THE CHAIRMAN: Is there anyone present who wishes to speak for this appl±cation? MR. EDWARD C. CLINGEN: I am here to speak for it. THE CHAIRMAN: This is a type of use which has long ago been discontinued. This type of sign, off-premises rental, is not permitted so unless you have something else to offer, the Board will have to deny this application. MR. CLINGEN: Since zoning came in, we had that sign. MRS. CLINGEN: They told us it was a legal sign. THE CHAIRMAN: This is the Board of Appeals and we fought a long, hard fight to eliminate billboards. This is one of the type of signs that is not permitted. Our highways would literally be strewn with off-premises rental signs if this were not the case. MR. CLINGEN: Why is that different f~om an off-premises restaurant sign? THE CHAIRMAN: The feeling of the planners of the Zoning Ordinance was to balance the interests of residential property Owners, business interests, and a~ricultural interests, amd we are trying to keep those in baiance. Some people described some of the signs as visual pollution. A sign of the type you are asking for is solely for the benefit of the owner; it's not in the general interest of the people of the Town of Southold. Southold Town Board of Appeals -15- May 20, 1976 As far as restaurants and places to sleep, and places of amusement, are concerned, the rationale is that the traveling public (which is partly responsible for the growth of the comr~unity) needs directions for food and lodging. Other than that, there are no signs. MR. CLINGEN: We have been renting off that lot since 1950. I have had several signs there. They said one on the road was a legal sign. This was a long time ago. This sign will be there for another week. THE CHAIRMAN: You have no right to have a sign there. MR. CLINGEN: How about the Methodist Church? THE CHAIRMAN: This is not a church or a historical society. It is for cottage rentals. THE CHAIRMAN: Are there any questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect off-premises rental sign on the south side of Main Road, Orient, New York. This is a type of use which has long ago been discontinued in the Town of Southold. It is not a permitted use; it is solely for the benefit of the owner and is not in the general interest of the people of the Town of Southold. The Board does not agree with the reasoning of the applicant. The Board finds that the public ~o~eRi~Dce and welfare and justice will not be served and the legally established or permitted 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. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Edward C. Clingen, Young's Road, Orient, New York, be DENIED permission to erect off-premises rental sign for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -16- May 20, 1976 PUBLIC HEARING: Appeal No. 2132 - 8:55 P.M. (E.D.S.T.) upon application of Leo W. Tillinghast, 59 Wilmarth Avenue, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A. and Bulk Schedule for permission to construct porch addition with in- sufficient side yard. Location of property: south side of Wilmarth Avenue & north side ~ashington Avenue, Greenport, Map of Washington Heights, Lots 41 and 50, Wilmarth Avenue, Greenport, N. Y. Fee paid $15.00. 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 letter from Town Clerk attesting to notification by certified mail to ~ Stanley Harris and to Robert Kruszeski. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. LEO TILLINGHAST: I am here to speak for it. THE CHAIRMAN: You were granted a variance to use these two lots in December of 1972. Both of these lots were under- sized even at that time before the lot size became 40,000 sq. ft. These lots were in single and separate ownership going back to the 1920s. It looks as if the surveyor squared them off. I have read the minutes of 1972 and there is nothing in the official record about porches. You had a neighbor to the west who did not provide 1t feet. MRo TILLINGHAST: He had been told I would build right on the line in the center of the lot. It was set approximately 12 feet on each side and I said my doors were on the side and I would need porches. THE CHAIRMAN: Porches are part of the house. MR. TILLINGHAST: So Mr. Terry told me. THE CHAIRMAN: How far does your porch go to the line? MR. TILLINGHAST: It is flush with the front of the house and extends part way back. It is 11' x 26', it is roofed over and screened in. THE CHAIRMAN: Do you enclose it in the winter? MR. TILLINGHAST: No. Southold Town Board of Appeals -17- May 20, 1976 THE CHAIRMAN: It appears that a fence has been installed. MR. TILLINGHAST: The fence is on the line. THE CHAIRMAN: The porch goes to the line. MR. TILLINGHAST: It attaches to the porch so the dogs can't get out. The fence comes out on the west from the edge of the building to the westerl~ line. THE CHAIRMAN: I believe you have a door which is on the easterly side of the porch. Is there anyone present who wishes to speak against this application? JEAN HARRIS: I live on the easterly side. What happens if this goes over the line? THE CHAIRMAN: I think you would have legitimate cause for complaint or removal. We have to view this as though Mr. Tillinghast made this application in good faith at the time he wanted to put the porch on and the Board has to decide what would have been permitted at that time. If he had come in and said we need a porch, I don't believe that under any circum- stances %he Board could approve it the way it is. MRS. HARRIS: If it is over the line can he say, after a number of years, that it is his property? THE CHAIRMAN: Yes. I believe he could assert ownership. However, if Mr. Tillinghast put his fence inside the line you could, eventually, assert ownership. The Tillinghasts are required to furnish a reasonable amount of sideyard even in this cramped situation and that's what the Board has to con- sider. The minimum that I think the Board can consider is 3 feet so you will have to take 3 feet off the porch. MR. KRUSZESKI: You mean 3 feet from the property line. THE CHAIRMAN: We are asking for a 3 foot side yard. After. investigation and inspection the Board finds that applicant reques~ts permission to construct porch addition with insufficient side yard on the south side of Wilmarth Avenue, Greenport. The findings of the Board are that Mr. Tillinghast put up a porch without approval of the Board of ~ppeals becau~se of a misunderstanding. The Board agrees to allow the porch to remain if applicant decreases its depth to allow for a 3 foot sidle yard. The Board f~nds that strict application of the Ordinance woul~ produce practical difficulties or unnecessary hardship; the hardship crleated is unique and would not be shared by all Southold Town Board of Appeals -18- May 20, 1976 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~ Leo W. Tillinghast, 59 Wilmarth Avenue, Greenport, New York, be GRANTED permission to retain porch addition, subject to the following conditions: 1. That 3 feet of the porch shall be excised to allow for a 3 foot side yard. That this reduction in the depth of the porch shall be completed within 90 days from May 20, 1976, (August 20, 1976). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2131 - 9:10 P.M. (E.D.S.T.) upon application of MillWood Homes Ltd., 122 Orleans Lane, Jericho, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct three dwellings with in- sufficient width and area. Location of property: Wabasso/ Nakomis Road, Southold, bounded on the north by Theodore Kw~nik; east by Wabasso Street; south by C. Nelson & A. KwaSnik; west by Nakomis Road. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affid[avits attesting to its publication in the official newspapers, and notice to the aPplicant. The Chairman also read letter from Town Clerk stating that notification by certified mail was made to: Theodore Kw~snik; Charles M. Nelson & Wife; Adela Kwasnik. THE CHAIRMAN: I believe I will have to disassociate myself from this hearing as I believe you have a~real estate license with my son. MR. FRED HULSE, JR., Acting Chairman: Will you please state your name. MR. SAUL MILLMAN: It is my aPplication. Southold Town Board of Appeals -19- May 20, 1976 MR. HULSE: Do you have anything to add to what is in the application? MR. MILLMAN: I just rest my case on what is in the application. MR. HULSE: Is there anyone else present who wishes to speak for this application? (There was no response.) MR. HULSE: Is there anyone present who wishes to speak against this application? (There was no response.) MR. HULSE: After going over the area quite extensively today and Tuesday, we find that the adjoining property owners are in almost a like situation. These are single lots and I am sure the Board would not grant more than two lots because the property is small. MR. MILLMAN: The trend is to make them into smaller lots. Nobody is buying plots to make larger parcels. I believe in time they most likely will divide those similar to others. MR. HULSE: Another thing you have to take into consideration is sewage and water. (referring to sketch) These two lots here were of a similar size. They were three small parcels which were divided into two lots. I am sure the Board would not go along with three lots. MR. ROBERT BERGEN: Do you have some way you want to divide this? You could bring it in to us. We would like to have it divided as equally as possible. MR. HULSE: By leaving this lot (referring to sketch) we would have 13,750 sq. ft. instead of 12,650 sq. ft. There was fur%her discussion and Mr. Hulse polled the Board as to whether they should grant two lots or three lots. The members of the Beard: Mr. Bergen, Mr. Grigonis and Mr. Doyen all voted for Cwo lots. MR. HULSE: There are definitely not going to be three houses. The whole parcel is not large enough to make three lots. It will still be vastly undersized. MR. MILLMAN: The whole line of the street is a single situation. Southold Town Board of Appeals -20- May 20, 1976 MR. HULSE: You could divide it right straight through and make a driveway. Would you like us to hold it in abeyance? Would you prefer to have one parcel on Nakomis Street and one on Wabasso Street so you would have approximately 23,000 sq. ft. on Nakomis and the lot on Wabasso Street would stay as it is. MR. BERGEN: I would rather see it divided so the lots are more equal in size. (Mr. Mitlman and the Board studied the sketch). MR. HULSE: You could have two houses on Nakomis Road. MR. SERGE DOYEN: I think that makes it rather restrictive. It leaves an odd frontage and side yards. You are restricting the possibilities and the configuration of the house. MR. BERGEN: I suggest that we vote on two lots and have Mr. Millman bring in a new sketch to the Building Inspector. There can only be two lots and we would like to have them as equal as possible in area. MR. MILLMAN: It will be difficult because the main purpose of the applicat±on is because we have two streets. After investigation and inspection the Board finds that applicant requests permission to construct three dwellings with insufficient width and area on property lo~ated at Wabasso and Nakomis Roads, Southold, New York. The findings of the Board are that the lots are undersized so the Board would not be willing to grant three lots but would be agreeable to granting two lots subject to applicant furnishing sketch of division of property for the Board's approval. 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. Grigonls, it was RESOLVED, Millwood Homes, Ltd., 122 Orleans Lane, Jericho, New York, be DENIED permission to construct three dwellings on property located at Wabasso Road and Nakomis Road, Southold, New York, as applied for, but shall be GRANTED permission to divide property consisting of Lots 50, 51 and 40, Map of Section 2, Laughing Water, Southold, into two lots, subject to the following condition: Southold Town Board of Appeals -21- May 20, 1976 That applicant furnish the Board of Appeals with a sketch showing the division of property into two lots, for their approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2133 9:25 P.M. (E.D.S.T.) upon application of William Wickham, Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & 100-62 & Article VII, Section 100'?1, and Article XI, Section 100-112 C & Section 10D-113 (2) for permission to construct addition causing insufficient off-street parking. Location of property: North side Main Road (Rte 25), Mattituck, New York, bounded on the north by Mattituck Park District; east by L. D~h~n Est.; south by Main Road; west by V. Stype. Fee paid $15.00. The Chairman opened the hearing by reading the application for a varia~ce,~legal notice of hearing, affidavits attesting to its publlca~0n in the official newspaPers,~ and notice to the applicant. The Chairman also read letter from the Town Clerk indicating that notification by certified mail has been made to: Valentine W. Stype, Mr. and Mrs. Walter Dohm, Mattituck Park District. T~E CHAIRMAN: Tke application is accompanied by a sketch indicating that this is a narrOw lot a~i~the-downtOwn business area of~a~±itu~k abuts the MattitUck?'Park Dis~rlct to ~he north. The pr~si~ffice building will slightly reduce the par~ing area to 'the north. ~ THE C~LAIRF~AN: Is there anyone present who wishes to speak for this application? WILLIAM~ICKHAM, ESQ.: I would li~e ~o add a couple Of like to submit a map of that. It's very seldom filled. MR. ROBERT BERGEN: That holds 75 to 80 cars. Southold Town Board of Appeals -22- May 20, 1976 MR. WICKHAM: Because of the traffic situation it is very beneficial for all of us to use this parking area because coming out of my office it is sometimes very difficult to turn east. If we use the parking area we can swing north on Wickham Avenue or go to the school and turn east on Main Road. It works out very nicely because there is a lot of traffic on the Main Road. THE CHAIRMAN: It seems that an overflow of parking would be handled by the Mattituck Park District. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition causing insufficient offstreet parking on property located on the north side of Main Road (Rte 25), Mattituck, New York. The findings of the Board are that a shortage of parking whenever it exists will be supplemented by the Mattituck Park District which is adjacent to William Wickham's office, and the Park District will be fulfilling the purpose for which it was created. The Board agrees with the reasoning of the applicant. The Board finds that strict application_of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was'- RESOLVED, William Wickham, Main Road, Mattituck, New York be GRANTED permission to construct addition to building located on the north side of Main Road (Rte 25), Mattituck, New York, as applied for, subject to approval of Suffolk County Planning Commi§sion. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -23- May 20, 1976 PUBLIC HEARING: Appeal No. 2134 - 9:35 P.M. (E.D.S.T.) upon application of Marcus & Joanna Bryan, 108 Wedgewood Drive, Coram, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Glen~ Court, Birch Hills, Cutchogue, New York, Lot ~3, Map of Birch Hills ~4908. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read letter from the Town Clerk indicating notification by ~ertified mail to: President, Birch Hills Property Owners Association; Vaino Halla. THE CHAIRMAN: The application is wrongly marked "A Variance to Section 280A, Section 3" That is a variance for access so we are correcting that on the application. This is for a variance to the Zoning Ordinance, Article III, Section 100-30. The application is accompanied by a Site Plan. This office has made a copy of the County Tax map which indicates that Lot ~3 is in Birch H±lls subdivision on Long Island Sound off Glen Court Road, a private road. The remaining lots in the sub- division are approximately the same size, roughly 20,000 sq. ft. MR. ROBERT BERGEN: How deep is that lot? THE C~iAIRMAN: 205 ft. plus 50' beach dimension, which is for park and playground. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. JOANNE BRYAN: We own to the bottom of the bank. THE CHAIRMAN: You don't own the beach. MRS. BRYAN: No. THE CHAIRMAN: The proposal is to face this house diagonally, to face the sunset, not parallel to the road. The closest point would be 20 feet to Glen Court, and 25' to the Park and Playground. MRS. BRYAN: The only thing I can say is that we have a 1972 survey and when we went out to locate the pilons, according to the map, this is where it indicated it was but in actuality it's a lot closer to the cliff. We discovered we had less land than we thought we h~ad. My husband found the pilon in the woods but it was much closer to the cliff edge.. Mr. Lark is separated by the Park and Playground from us . I spoke to him and he seems to have a serious erD$iD~ problem. He has 20' to 30' over the cliff edge. ~e is tnln~lng of putting in an Southold Town Board of Appeals -24- May 20, 1976 informal bulkhead and brush to stabilize the cliff. THE CHAIRMAN: Someone thought of building a swimming pool on the edge. MRS. BRYAN: We bought the lots from the people who planned to do that. We bought both lots, #'s 2 and 3, from Dawson. Concerning the other gentleman to the west, we did notify him but he sent a letter to the Property Owners Associ- ation. THE CHAIRMAN: The followinq letter was received from the Birch Hills Property Owners AssoCiation: "On Sunday, May 16, 1976, our Association met to consider the requested variance for the proposed home of Marcus and Joanne Bryan to be located on Lot ~3 of the Birch Hills subdivision. The~ majority of the members present voted against the request that the house be placed 20 feet from the r6adside property line. A compromise proposal was however agreed upon: if the Bryans would move the proposed house to a position thirty-five feet from the easterly property line and place the parking area off the road and on the eastern side of the house, the Association would have no objection to the Bryans obtaining a variance to place the house twenty-five feet from the roadside property line. We hope this information aids you in the decision before you." /s/ Barbara R. Wilhelm Secretary Dated: May 16, 1976 THE CHAIRMAN: What was their reasoning? MRS. BRYAN: They wanted the parking area located so you can't back into the private road. I think that's what we would prefer. We are not having a garage and it was the most direct route into Lhe house but this proposal meets with our approval. The proposal is to set the house further to the west by 10 feet and to move the parking area around or to have a driveway into the parking area. THE CHAIRMAN: This involves moving your house 5 feet closer to the cliff. Southold Town Board of Appeals -25- May 20, 1976 THE CHAIP/~AN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct dwelling with in- sufficient setback, Lot 3, Map of Birch Hills, Cutchogue, New York. The applicant has a hardship due to erosion of the cliff. The Board agrees 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 or in the same use district; and the variance will not chanqe' 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, Marcus & Joanne Bryan, 108 Wedgewood Drive, Coram, New York be GRANTED permission to construct dwelling with in- sufficient setback on Lot #3, Map of Birch Hiltst Cutchogue, New York, as applied for, subject to the following conditions: 1. That the house shall be placed no closer than 35 fee% to the easter!y property line and no closer ~ than 25 feet from Glen Court, a private road in this s~b~47~s~s~bdivision. That a parking lot for two cars be constructed further north than presently indicated on the site plan and be reached by a short (10 foot) driveway. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 2135 - 9. .50 P.M. (E.D.S.T.) upon aPplicati6n 0f Cline W. Cornell, Oakwood~.'Driv~, Southold, New York (R. G. Terry, Jr., Attorney) for a variance in accordance with the Zoning Ordinance, Article ~IIt, Section 100-30 and Bulk Schedule for permission to divide property with insufficient~width and area. Location of property: Oakwood Drive & Christophs~ Street, Southold, New ~ork. Fee paid $15.00. Southold To~n BQard of Appeals ~26- May 20, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attest- ing to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from Town Clerk that notification by certified mail had been made to: Dr. and Mrs. Charles J. Vaccariello and Mr. and Mrs. Walter K. Butterfield. THE CHAIRMAN: The application ms accompanied by a copy of survey indicating the location of house and lot on Christopher Street and Oakwood Drive. There is a copy of another survey dated May 1964 by Van Tuyl for Harry Scileppi which shows the location on Oakwood Drive. THE CHAIRMAN: Is there anyone present who wishes to speak ~or this application? R. G. TERRY, JR., Esq.: I am here to represent Cline W. Cornell. THE CHAIRMAN: Can you identify which lots we are talking about here. MR. TERRY: Lots 13 and 14 plus the additional area which would make this 190 feet. Originally when the map was filed these lots were 125 x 100 and the Cornell house was put on the corner. Lot ~13 is 125' x 100' This lot was owned byn R. Rackett and subsequently it was bought by Beale. THE CHAIH~LAN: It wound up by being a merger. MR. TERRY: Yes, subsequently. This map was made prior to the Zoning Ordinance. I think what happened was that 30 feet was added to give this lot sufficient area so then this area was attached to this (referring to map) to make a depth of 190 feet. That would give the lot 19,500 sq. ft. I believe it was because they determined that this lot here was under- sized. The thing was set up prior to zoning so the net result was that they took Lot ~12 and took 30 feet off of it and added it to those. So, there are three lots instead of four. THE CHAIRMAN: It is similar to the surrounding area. MR. TERRY: When Mr. Scileppi had the adjoining lot he actually started construction and built a cellar here but I believe it was all filled in. Then Mrs. Cornell bought a lot and Mr. Cornell bought a lot and they had two lots of 100 foot frontage and 190 feet in depth. They ~ere surprised to find since they were on separate tax bills that they were on a merger of the lots. I would call your attention to the fact that originally the area was set up with 100 foot frontage and it was just these two lots that had 125 feet in depth. Now these two would have a depth of 190 feet. Southold Town Board of Appeals -27- May 20, 1976 THE CHAIRMAN: Now the owner wishes to divest herself of one of the lots. MR. TERRY: She would like to sell the easterly lot separately. THE CHAIRMAN: The majority of the lots in this area are 150' x 100', and the majority are built on. Either of these lots will emerge larger than the 13 lots across the street. THE CHAIRMAN: Is there anyone present who wishes to speak agai~s~ this application? MR. WALTER K. BUTTERFIELD, Christopher Street: I would like to submit a petition signed by 23 neighbors on Oakwood Drive and Christopher Street asking the Board of Appeals to deny this application. This is a crowded area; a lot of people have had trouble with septic tanks in this area. It's a health matter. THE CHAIRMAN: That's a matter for the Board of Health. We do not intrude on their prerogative. The Chairman read the Petition, as follows: "We, the undersigned, as taxpayers of the Town of Southold, New York, petition the Southold Zoning Board of Appeals, to deny an application for a variance for permission to divide property with in- sufficient width and area applied for by Cline W. Cornell, Oakwood Hrive, Southold, New York, (R. G. Terry, Jr., Attorney)." The dates of the signatures are all within the last few days and they are mostly residents of Oakwood Drive. MR. TERRY: I think Mr. Butterfield is a resident of Christopher Street. (The Petition is filed in the Cline W. Cornell file). THE CHAIRMAN: It's extremely difficult for the Board to juStify denial on the basis of petitions of people who live on lots that are smaller. Some, I presume, are exceptions. It simply won't support denial by us in this type of situation. Southold Town Board of Appeals -28- May 20, 1976 MR. BUTTERFIELD: May I ask about a previous va~.~e that he had. It was denied but he did conduct business in his home. He did want to do something with this other land in connection with this business, and this was denied. THE CHAIRMAN: I am not sure this would be relevant. What was his business? MR. BUTTERFIELD: Advertising. THE CHAIRFkAN: There have been several unusual businesses, one man makes false teeth. A lot of la~c;ers conduct business from their homes. There are also seamstresses, millinery, candy making, etc. MR. BUTTERFIELD: I think this was in connection with taxes. There was anOther person in the vicinity who applied and he was turned down. THE CHAIRMAN: It would be very simple to make a decision on the basis of a popularity contest. For a long time we had 12~500 sq. ft. as a minimum size lot. Later it was increased to 20,000 sq. ft, in subdivisions, not on our own volition but because we were ordered to by the Board of Health. Then, in 1971 it was increased to 40,000 sq. ft. but this is not a prairie in Kansas. The Ordinance is no stronger than its weakest links and the weakest links are the areas with small lots. We can't deny him on the basis that his lot is too small.., the same thing is true with narrow streets. MR. TERRY: It would appear that Mr. Butterfield's lot would be smaller than 19,500 sq. ft., Dr[ McKucher's I believe is 98~' x 135'. DR. VACCARRIELLO: His daughter lives in Texas and has no interest in the area at all. THE CHAIRMAN: This testimony ms interesting but irrevel- ant. MR. TERRY: I think the prospective purchaser would be a good neighbor to all the people in the area. He comes from an excellent neighborhood in the Garden City area and I believe you would enjoy these people. After investigation and inspection the Board finds that appliCant requests permission to divide property with in- Sufficient width and area at Oakwood Drive and Christopher Street, Southold, New York. The findings of the Board are that the size of lots to be created by this division are in excess of the majority of the lots in the area. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -29- May 20, 1976 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded, by Mr. Bergen, it was RESOLVED, Cline W. Cornell, Oakwood Drive, Southold, New York, be GRANTED permission to divide property with insufficient width and area at Oakwood Drive and Christopher Street, Southold, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. -- PUBLIC HEARING: Appeal No. 2136 - ~0~05 P.M. (E.D.S.T.) upon application of Franklin Born, Leeward Drive, Southold, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Tewn Law for permission to construct two dwellings on altered lots and for approval of access. Location of property: Leeward Drive, Southold, Map of Leeward Acres, Lots 29 and 30. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hea~ing, ~ffid~vits a~testing to its publication in the official new~papers, and notice to the applicant. The Chairman also read letter from the Town Clerk stating that notification by certified mail was made to: Bruce Stasuik, Mr. and Mrs. Jos. Cio~te, Craig J. Wiederman, Mahlon D. Dickerson. THE C~AIRMAN: The application is accompanied by. a revised survey of Young & Young indicating that the property fronts on sq. ft. and the other will be 40,001 sq. ft. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold ToWn Board of Appeals -30- May 20~ 1976 GARY FLANNER OLSEN, ESQ.: I am the attorney for the applicant. Hardship is created by the position of my client's ho~se which is rather large and is centered between Lots 29 amd 130. Density would not be~.fR~eased. If this were denied my client would be forced to ~ave a parcel of over 80,000 ~sq. ft. which would be twice as large as others in the subdivision. It Would just be a case of rearranging lot lines; iH would be good for the eommuniHy; these are long and narrow lots. THE CHAIRMAN: I tried to discover why it was done and I think iH was to save on roads. Then, it was thought it would be too bad to have a house every 100 feet. MR. ~OLSEN: This way they will have nice side yards. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct two dwellings on altered lots and also requests approval of accessfor Lots 29 and 30, Map of Leeward Acres, Southold. The findings of the- Board are that this proposal would improve the appearance of the area and serve the community better. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecess~ary hardship; the hardship created is unique and would noH 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 ~lr. Hulse, seconded by Mr. Bergen, it was RESOLVED, Franklin Born, Leeward Drive, Southold, New York, be GRANTED permission Ho construct two dwellings on alHered lots and be GRANTED approval of access for Lots 29 amd-~30, Map of Leeward Acres, Southold, New York, as applied for.~ Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -31- May 20, 1976 PUBLIC HEARING: Appeal No. 2137 - 10:20 P.M. (E.D.S.T.) upon application of Margaret RUshmore, 2 Springhill Road, Roslyn Heights, N. Y., (Gary F. Olsen, Att'y.), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: south end Dean Drive, Cutchogue, New York, bounded on the north by J. Dean; east by Libel & Seaman; south by Peconic Bay; west by Dean Drive and Downsview Sub. Fee paid $15.00. GARY OLSEN, ESQ.: I would like to propose that the Chairman dispense with the reading of the application. I so move. THE CHAIRMAN: Does anyone here object to the motion to waive the reading of the application and legal notice regarding this application. GARY OLSEN, ESQ.: As attorney for the applicant, Margaret Rushmore, I have no objection. On motion regularly made, and seconded by Mr. Hulse, it was RESOLVED to dispense with the reading of the application and legal notice. The vote was unanimous. THE CHAIRMAN: The application is accompanied by a photostat of the County Tax map. What is the size of the plot? MR. OLSEN: AJ~out an acre and three,quarters. The property has been sold. It Was sold by James Dean; it's a described parcel. ~s you can see from the architect!s disgram, the end of Dean Drive is reflected here, it comes in on the west side of the property. We would like to treat the Dean Drive side as a side yard instead of a front yard. You will also notice that the house is not completely parallel to the end of Dean Drive and starts approximately two thirds of the way from the northerly boundary of Dean Drive. They do have some cedar trees on the easterly side of the property that they would have to take out. It is in conformity with the community for all practical purposes. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -32- May 20, 1976 After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insuffiCient setback on the south end of Dean Drive, Cutchogue, New York. The findings of the Board are that if applicant were required to locate the house fUrther to the east an arbor of trees would have to be removed. The Board agrees with the reasoning of the~applicant that this variance will not change the character of the neighborhood. 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. Hulser it was RESOLVED, Margaret Rushmore, 2 Springhill Road, Roslyn Heights, New York, (Gary F. Olsen Esq.,), be GRANTED permission to construct dwelling with insufficient setback on the south end of Dean Drive, Cutchogue, New York, as applied for, subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillisple, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2138 10:30 P.M. (E.D.S.T.) upon application of Joseph & Claire Mossbruger, 149 Raymond St., Rockville Centre, N. Y. (Rudolph Bruer, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide premises with dwelling into two lots with insufficient width and area. Location of property: west side Private Road; east side Sound View Avenue; Southold, bounded on the north by V. D'Augusta; east by Private Road; south by J. McCarvill & Ors.; west by Manning - minor subdivision. Fee paid $15.00. On a motion regularly made by Mr. Rudolph Bruer, seconded by Mr. Doyen, it wa~ REsolVED, unanimously, ~O dispe~se with the reading of the application and legal notice of hearing. The Chairman read note dated May 10, 1976, received from Mr. Vincent D'Augusta, as follows: "I have considered the above request for a variance and oppose any division of said lot. (Variance permission denied). As a working person I am unable to attend the upcoming hearing. And appeal to the members of the Board to act in my behalf in respecting my wishes. Any help in this area will be greatly appreciated." Southold Town Board of Appeals -33- May 20, 1976 THE CHAIRMAN: A photostat of the County Tax map shows that subject 10t to be divided is 320' x 105' at one end, and 125' at the other. MR. ~RUER: There was an additional piece added on which would make the lots 125' (at one end) x 170,and 105' (at one end) by 150' Across the street there are lots, 105' x 105', 150' x 101', 102' x 102' Adjoining to the north is a lot 103' x 105' on Sound View Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I am the attorney for the applicants. I believe the Board has pretty much covered the situation as it exists. It has an existing house on it and this would not change the character of the community. Basically, the size of the lots in the area are similar in many instances. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. JOHN McCARVILL: I own all the other property there and I divided it into 150' x 100' lots. I have 290' on that same property line here. My lot is ~22. I bought this property 25 to 30 years ago and I divided it up into 150' x 100' lots. I have no objection. THE CHAIRMAN: You have agreed with the applicant. Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicants wish to divide premises with dwelling into two lots which will have insufficient width and area on the west side of Private Road, east side of Sound View Avenue, Southold. The findings of the Board are that the lots to be created will be similar in size and in some cases larger than lots in the area. The Board agrees 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. Southold Town Board of Appeals -34- May 20, 1976 On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Joseph & Claire Mossbruger, 149 Raymond Street, Rockville Centre, No Y. (Rudolph Bruer, Attorney), be GRANTED permission to divide premises with dwelling into two lots on the west side of Private Road and the east side of Sound View Avenue, Southold, New York, as applied for, subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2139 - 10:40 P.M. (E.D.S.T.) upon application of Alice T. Power, Driftwood Cove, Main Road, Southold, New York (Rudolph Bruer, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to dive premises with dwelling into two lots with insufficient width and area. Location of property: Private Road - Haywaters Road Ext., Cutchogue, Map of Peconic Bay Prop., Lots 11 and 12 and Lots 24 and 25. Fee paid $15.00. On a motion regularly made by Rudolph Bruer, Esq., seconded by Mr. Hulse, it was RESOLVED, unanimously~ to dispense with the readfng of the application and legal notice of hearing. THE CHAIR~N: The application is accompanied~by a sketch of Peconic Bay Properties, Inc. Was this filed in 19317 RUDOLPH BRUER, ESQ.: Map ~786 was filed April 15, 1936. This property is divided into 33 lots. Water is piped in~ THE CHAI~tAN: The proposal is to divide four lots into tw~ and ~technically the two lots to the north of Haywaters Road and the two'lots south of Haywaters Road will be combined. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? R~OLPH BRUER, ESQ.: I am the attorney for the applicant. This is a private road. I have a map prepared in 1973 of the northerly premises which shows it is very marshy. D.E.C. would not allow anything to be built there. You will notice there are names on adjoining lots indicating that they own two lots but actually they only own one and a half lots. He is bulkheaded, but you can't do that any more. Southold Town Board of Appeals -35- May 20, 1976 THE CHAIRMAN: Was the lot No. 25? MR. BRUER: Yes. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divide premises with dwelling into two lots on Private Road - Haywaters Road Ext., Cutchogue, New York. The findings of the Board are that subject property was originally laid out as four lots. Applicant wishes to combine Lots 11 and 25, which have an existing building thereon, and set off a new lot comprising Lots 12 and 24 as a single building lot. The Board agrees 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 tke same use d±str±ct; 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. Doyen, it was RESOLVED, Alice T. Power, Driftwood Cove, Main Road, Southold, New York, (Rudolph Bruer, Attorney), be GRANTED permission to divide premises with dwelling into two lots, (Lots 11 & 2~) and (Lots 12 & 24), Map of Peconic Bay Properties, Inc., Private ROAD Haywaters Road Ext., Cutchogue, New York, as applied for, subject to the following conditions: 1. That only Lots 11 and 12 may be used for residential purposes. e That Lot 25 which is to be retained with Lot 11 may be used for accessory purposes only (as permitted by D.E.C.) . e That Lot 24 which is to be retained with Lot 12 may be used for accessory purposes only (as permitted by D.E.C.). 4. Subject to approval of Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Rulse, Grigonis, Doyen. Southold Town Board of Appeals -36- May 20, 1976 PUBLIC HEARING: Appeal No. 2141 - 10:50 P.M. (E.D.S.T.) upon application of Douglas Case, Case's Place, Peconic Lane, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) (F) for permission to erect off-premises sign on the south side of Main Road opposite Peconic Lane, Peconic, New York, bounded on the north by Main Road; east by now or formerly C. Simon Est.; south by A. Fiore & Ors.; west by T. Grattan & Ors. Fee paid $15.00. 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 letter from the Town Clerk stating that notification had been made by certified mail to: John A. Sepenoski, Briarcliff Sod Farm, Queen Structure Corp. THE CHAIRMAN: This type of sign is permitted because it directs travelers to a place to sleep or eat. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: We will requ.ire permission from the property owner for th£s use. After investigation and insPection the Board finds that applicant requeSts.permission to erect off-premises sign on the south side Of Main Road opposite Peconic Lane, Peconic, New iYork. ~iThe findings of th~ Board are that this sign will direct travelers to a place to eat. The Board agrees with ~he'~the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhoad propert~ 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 -37- May 20, 1976 On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED, Douglas Case, Case's Place, Peconic Lane, Peconic, New York, be GRANTED permission to erect off-premises sign for the benefit of the traveling public on the south side of Main Road opposite Peconic Lane, as applied for, subject to the following conditions: 1. That applicant furnish the Board of Appeals with a letter of permission from the owner of the property. 2. That sign shall be located no closer than 5 feet to any property line. 3. This action of the Board is subject to S~ffolk County Planning Commission approval. Vote of the Board: Ayes:~ Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. One (1) Sign Renewal was reviewed and approved as submitted. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, June 10, 1976, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Stephen F. Griffing, Jrl, Esq. a/c Katherine B. Tuthill for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permisSion to divide property with insufficient width and area. Location of property: north side Albo Drive, Laurel, New York, bounded on the north by now or formerly Husing or Nature Conservancy; east by E, Marquardt; south by Albo Drive; west by Allan Tuthill & Wf. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -38- May 20, 1976 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:10 P.M. (E.D.S.T.), Thursday, June 10, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Raymond T. Goodwin, 83 Wilson Street, East Rockaway, New York (William Wickham), attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback from Private Road. Location of property: South side Peconic Bay Blvd. and Private Road, Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by Private Road; south by right-of-way Private Road; west by now or formerly Battenfietd. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Grigonls, it was RESOLVED that the Southold Town Board of APpeals set 8:20 P.M. (E.D~S.T.), Thursday, June 10, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Donald A. Arcurl, 60 East 4th Street, Patchogue, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-32 and Bulk Schedule for permission to construct accessory building with insufficient side and rear yard setbacks. Location of property: east side Lighthouse Road, Southold, bounded on the north by Long Island Sound; east by Anderson; south by Anderson; west by Lighthouse ROAD. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:35 P.M. (E.D.S.T.), THursday, June 10, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Orient Trucking & Construction Co., Inc. a/c William Fuccillo, Sound Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30C & Section 100-32 for permission to construct private swimming pool in front yard area. Location of property: Sound Road, Sound Drive, Sunset Lane, Greenport, N. Y., bounded on the north by Sound Drive; east by Sound Road; south by now~or formerly C. Jones; west by Sunset Lane. Vote of the Board: Ayes:-Gillispie Bergen, Grigonis., Hulse, -v~en. · · ' Southold Town Board of Appeals -39- May 20, 1976 The meeting was adjourned at 11:50 P.M. Respect~fully submitted, Marjo~rie McDermott, Secretary Robert W. Gillispie, Jr., Chairman