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HomeMy WebLinkAboutZBA-04/29/1976 APPEAL BOARD MEMBERS Roloert '~. Gillispie, Jr., Chairman Robert Bergen Charles Griflc~nis, Jr. ~r~e Doyen, Jr. Fred Hulse, Jr. Southold T°wn Board .~I]UTHrlLD, L. I., N. Y. 11c:JT1 Telephone 765-2660 MINUTES Southold Town Board of Appeals April 29, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, April 29, 1976, at the Town Office, Main 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, Long Island Traveler- Mattituck Watchman; Peter Campbell, Suffolk Weekly Times; William Terry. 7:30 P.M. (E.D.S.T.), Appeal No. 2112, John Simicich, Ole Jule Lane, Mattituck, New York. THE CHAI~: This appeal was recessed until tonight. At the last meeting of the Board we suggested that applicant consult with ~ Planning B0ard to hopefully ~01Ve a plan for a-public h~ghway on,hat is now a private road. However, the pianning Board did not have a meeting between our two meetings and applicant has written our Board as follows: (Excerpts from letter received from Charles R. Cuddy, Esq., Tooker, Tooker & Esseks, Riverhead, N. Y., dated'April 14, 1976).) "Mr. Simicich has ~n~ica~ed~ and we reiterate here, that he will re'serve a portion of his property to an extent of 12 1/2 feet along the westerly boundary of Camp Mineola Road for Southold Town Board of Appeals -2- April 29, 1976 dedication to the Town for public road purposes. This reserva- tion will be placed in the deed made to Mr. Simicich's grantee and will run with the land. We have no objection to appearing before the Planning Board for further discussion but under the circumstances where Mr. Simicich has agreed to reserve a portion of his property for future road use, and the Planning Board will not meet for several weeks, we believe it is appropriate to request that the Zoning Board of Appeals pass upon his application for a variance pursuant to Section 280-A of Town Law. In order to have the file appropriately documented please feel free to place this letter and its contents before the Board so that the stipulation of agreement by Mro Simicich is made part of the record.~ At this time we would appreciate the Zoning Board of Appeals taking final action upon Mr. Simicich's application." THE CHAIRMAN: The Board of Appeals sen~ the following letter to Mr. Charles R. Cuddy, Jr., Esq. with copies to the Southold Town Planning Board; and to neighbors, Jane Booth McGrath and William Gremeler & Wife. "I believe the Board of Appeals agrees that the decision on the above application should not be further postponed. Accordingly, we will make the decision on April 29th, 1976 at 7:30 P.M. The applicant's offer to reserve 12 1/2 feet along the westerly boundary of Camp Mineola Road for future road dedi- cation seems fair. Hopefully, it will be matched by others on both sides of the road, an an effort to solve this road problem." s/s Robert W. Gillispie, Jr. Chairman THE CHAIRMAN: Mrs. MCGrath hand delivered a letter here yesterday. It reads as follows: "I am re!ying~iupon your fair judgment~and advice pursuant to the mat%er of the 12 1/2 fee~ Variance, 2'80A Town Law, adjacent to my.property. I assume you have my welfare in mind if and when you grant this variance. This variance, however, would not be acceptable to me under any circumstances unless the road be maintained in its present condition at all times to give me viable access to my driveway and property. If any future developments come to light, I will of course bring this matter to the Board's attention." s/s Jane Booth McGrath Kraus Road Mattituck, N. Y. Southold Town Board of Appeals -3- April 29, 1976 THE CHAIRMAN: Does anyone present have anything to add to what has already been discussed? (There was no response.) After investigation and inspection the Board fin~s that applicant requests permission to construct dwelling with lack of approved access on the west side of Camp Mineola Road, Mattituck, New York. Applicant has offered to reserve 12 1/2 feet along the westerly boundary of Camp Mineola Road for future road dedication and has agreed to repair private road which was paved at the expense of his neighbor to the south, Jane Booth McGrath. The Board feels that it would be beneficial if neighbors on both sides of Camp Mineola Road would match applicant's offer of reserving 12 1/2 feet in an effort to solve the road problem. 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 ls 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. Hulse, it was RESOLVED, John Simicich, Ole Jute Lane, Mattituck, New York, be GRANTED permission to construct dwelling with lack of approved access on tke west side of Camp Mineola Road, Ma%tituck, New York, as applled far, subject to the following conditions: That applicant reserve 12 1/2 feet on the easterly border of the lot to be created by this' action con- tiguous to the westerly border of the present Camp Mineo!a private road; and that applicant agree to dedicate this property for a Town road providing the adjoining neighbor to the south, Jane Booth McGrath, also dedicates 12 1/2 feet; and providing the neighbor to the east, Marguerite Norris, also dedicates 12 1/2 feet on the easterly side of Camp Mineola Road. A further condition is that you, the applicant, shall repair and restore to its original condition the present private road from Kraus Road up through private road on your own property (it may be necessary to fill the potholes with blacktop) subject to the approval of the Building Inspector. This appeal is subject to Suffolk County Planning Commission approval for the reason that this property is located within a mile of Mattituck Airbase. Southold Town Board of Appeals -4- April 29, 1976 (Appeal No. 2112, John Simicich, Ole Jule Lane, Mattituck-cont'd.) Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gilllspie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated April 8, 1976, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold T own Board of Appeals approve minutes dated April 16, 1976, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 2114, J. Parker Wickham, on request of Tooker, Tooker & Esseks, until 7:30 P.M., May 20, 1976. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2117 - 8:.00 P.M. (E.D.S.T.) upon application of Duncan K. and Charlotte B. Haldane (George Ahlers Builders, Inc., 250 Cox Lane, Cutchogue, New York) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct rear porch which will leave insufficient rear yard. Location of property: West side of Gillette Drive, East Marion, New York, Lot 17, Marion Manor. (Lot number amended to read "13".) Fee paid $15.00. Southold Town Board of Appeals -5- April 29, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification of certified mail to Manor Grove Corporation and to Roger Schineller. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GEORGE AHLERS: I am the builder. THE CHAIRMAN: A map of the area indicates that all of the lots are similar in size. What is the width of this lot? MR. AHLERS: 105 feet. Most of the lots in the area are 100' and 105' The house has a projecting garage in the front which has to conform to a 30 foot setback. The depth of the lot is unchangeable. The original house was designed with a patio and Mr. and Mrs. Haldane decided they would like to have a screened enclosed porch. I was remiss in not picking up this detail until we applied for a permit. I don't think it would change the neighborhood as it is just a screened porch. Me are not planning to make it of a year round nature.., it is not very different from an enclosed patio. THE CHAIRMAN: Do you have public water there? MR. AHLERS: No. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. ROGER SCHINELLER: I am the next door neighbor to the north. I would like to make sure that this does not become permanent as this would knock off all the air I would get. There is only 9 feet from the rear so if that was permanently enclosed I would not get much air from the south. THE CHAIRMAN: What is this point here? MR. GEORGE AHLERS: That is the well and cesspool area. That's the corner of the house. Those are Health Department re- quirements. There are no plans for making it a permanent en- closure. The structure only has 18" footings; there is no heat or insulation or anything of that nature. THE CHAIRMAN: Are there any questions? (There was no response.) Southold Town Board of Appeals -6- April 29, 1976 After investigation and inspection the Board finds that applicant requests permission to construct rear porch which will leave insufficient rear yard on the west side of Gillette Drive, East Marion, New York. The findings of the Board are that applicant possesses an undersized lot which was created prior to the establishment of an 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 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. Doyen, it was RESOLVED, Duncan K. & Char!otte~B. Haldane, (George Ahlers, Builder, 250 Cox Lane, Cutchogue, New York), be GRANTED permission to construct rear porch which will leave insufficient rear yard on the west side of Gillette Drive, East Marion, New York, as applied for, subject to the following condition: That the porch shall be enclosed with screens and shall not now or ever be made into a permanent enclosure, or habitable ~pace. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2116 8:15 P.M. (E.D.S.T.) upon application of Margaret Dellanno, North Road and Clark Road, Southold, New York for a variance in accordance with the zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with existing dwellings with in- sufficient width and area. Location of property: North side of North Road (CR27) & Clark Road, Southold, bounded on the north by Hertzberg; east by D. Aurichio; south by North Road (CR27); west by Clark Road. 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 notification of certified mail to Mrs. Lee Hertzberg and Mr. D. Aurichio. Southold Town Board of Appeals -7- April 29, 1976 THE CHAIRMAN: A survey accompanying the application indicates that the property consists of a main dwelling on the corner of Clark Road and North Road, and the lot to be set off is 125' x 132' leaving 172 feet on Clark Road and 135 feet on North Road. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MRS. MARGARET DELLANNO: I came myself. THE CHAIRMAN: The proposal is to sell off the cottage. MRS. DELLANNO; Eventually, not right away. It's a lot of work to try to take care of two places. I think it would be easy to sell the cottage.' All the houses across the way are on 50 foot lots. We sold land to Mr. Hertzberg about 20 years ago. 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 property with existing dwellings with insufficient width and area on the north side of North Road (CR27) & Clark Road, Southold, New York. The findings of the Board are that the division of this property will not change the character of the neighborhood; the area across the street is, in fact, divided into smaller lots than applicant proposes to create. 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. Hulse, seconded by Mr. Doyen, it was RESOLVED, Margaret Deltanno,North Road and Clark Road, Southold, New York, be GRANTED permission to divide property with existing dwellings with insufficient width and area on the north side of North Road (CR27) 7 Clark Road, Southold, as applied for. subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals -8- April 29, 1976 PUBLIC HEARING: Appeal No. 2118 - 8:25 P.M. (E.D.S.T.) upon application of Joseph & Anne Polashock, Thirs Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 ABC, 100-31 and 100-32 and Bulk Schedule for permission to use vacant lot for parking. LocatiOn of property: N/S Jackson Street and W/S 2nd Street, New Suffolk, New York, bounded on the north by J. Bowman, M. Vangi, H. Victoria; east by H. Murray; south by Jackson Street; west by 2nd Streetl Fee paid $15.G0. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to is publication in the official newspapers, and notice to the applicant. The Chairman also read notification of certified mail to adjoining neighbors, Mr. and Mrs. M. Vangi, Mr. H. Murry; Mr. and Mrs. J. Bonnar. THE CHAIRMAN: A sketch in the file indicates that this property is directly across the street from Town property~ Town of Southold loading ramps and parking lots at the end of Jackson Street. The Notice of Disapproval from the Building Inspector reads: "Disapproved on the following grounds: Former Business zoned lot now Residential "A" District, Article III, Section 100-30 ABC, 100-31 and 100-32 and Bulk Schedule." THE CHAIRMAN: There is a letter in the file dated April 24, 1976 from Mr. Michael Vangi, which reads as follows: "I am writing this letter to you to express my disagreement with the proposed variance for the lot located south of my property. I would llke to see the above lot remain as "A" Residential-Agricultural, and not be an exception by being zoned Business. I may not be able to attend the Town Board meeting and hope this letter will be regarded as my legal protest in lieu of my presence." s/s Michael Vangi THE CHAIRM~N: There is also a letter from Mr. Henry F. Murray dated April 27, 1976 objecting to the granting of the variance for the following reasons: According to L. I. Water Engineers, water is available if drilled deep enough. The properties adjoining Mrs. Polashock's lot had recent improve-ments made to them in keeping with the residential character of the District, and were not made with the prospect of adjoining on unattended parking lot. Southold Town Board of Appeals -9- April 29, 1976 Mrs. Polashock's property was used as a parking lot on weeksnds last year and rather than create a safety factor the traffic congestion was at least doubled. The cars with trailers started arriving before dawn and the ensuing noise of honking horns and racing engines was really something to behold. An influx of over 20 extra cars with trailers and with the attendant increase of number of people, almost all in need of sanitary facilities which are not available for them but which were some- how found as necessary, mostly in %he boathouse or on people's property, mine in particular. So, for these reasons, I ask you to deny request for this variance. s/s Hugh F. Murray THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JOSEPH POLASHOCK: I bought this piece of property as Business property in the beginning. THE CHAIRMAN: You mean that it was zoned Business then. When did you buy it? MR. POLASHOCK: 18 to 20 years ago. This is the way we bought it from the previous owner. It was before zoning but all that area was business at that time. There was business being conducted all around until such time as everyone was called down to Southold School, and it was published in the Southold papers, that these places were changing from Business to Residential and my property was included in it. It was at that time zoned Business. THE CHAIRMAN: Then, at that time the ~zoning was changed to Residential-Agricultural. How do the people on the east side of the street get their water? Is there water under those lots? A statement is made in the application that you can't get water there. MR. POLASHOCK: We can't get good drinking water. THE CHAIRMAN: How about adjoining property owners? MR. POLASHOCK: People on the north side get it under their own property. Bonnar, Vangi and Victoria all get their water from underground between Main & Jackson. Southold Town Board of Appeals -10- April 29, 1976 MR. POLASHOCK: I get salt water so as a result of this I can't build a house. Our original intention was to build a house but it doesn't even sustain a garden. THE CHAIRMAN: Where do you live? MR. POLASHOCK: I live on Third Street, a block away from this property. I~%planted fruit trees on this property. I paid $500 to put a well in across the street on Jacob~-property, with their permission, and Town permission, and I only got 5 feet of water. As a result I can't use this property for a home. Can you suggest something else? THE CHAIRMAN: I am just trying to develop some information. Would you supervise this? MR. POLASHOCK: Yes, I can be there on weekends. It would be seasonal. THE CHAIRMAN: Do people generally have trailers? MR. POLASHOCK: Yes. I can take the overflow. street. When the Town doesn't have enough room The Town parking is right across the THE CHAIRMAN: How about the paved area here? Isn't there a public beach involved? MR. POLASHOCK: Yes, right here. THE CHAIRMAN: They don't park trailers in there? MR. POLASHOCK: No. THE CHAIRMAN: Then where is a fellow with a trailer supposed to park? MR. POLASHOCK: This is Jackson Street. They have an area in here where they can get in a dozen trailers and cars. If I can't use the property for this purpose, I don't know what else can be done with it. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) Southotd Town Board of Appeals -11- April 29, 1976 THE CHAIRMAN: Is there anyone present who wishes to speak against thi~ application? MR. J. BONNAR: I live on the northwest corner of this block, the corner of Second Street and Main Street. TWO years ago this ramp was quite a nuisance. There was noise and unsanitary conditions and people sleeping in cars. If I am not mistaken, the Town agreed to limit the parking to 18 trailers. Supervisor Martocchia was in on this and the Chief of Police was in on it too. The police have been called down there numerous times because of noise. I don't feel that I should have to live next door to a public nuisance. THE CHAIRMAN: way it is now. In other words, it's a public nuisance the MR. BONNAR: No, I mean with the parking lot. THE CHAIRMAN: So, the basic thrust of your argument is to leave things the way they are. MR. BONNAR: I got hurt too. I was zoned Busines and am Residential now. As far as water is concerned, I had to dig a cistern in my front yard with Town approval. THE CHAIRMAN: Is there anyone else who wishes to speak against this application? MRS. BONNAR: I would like to say the hall is filled with people who are against this application. MRS. RUTH GLASSER: I am here to speak against. MR. WALTER GLASSER said he was also present to speak against the application. MR. J. G. DILL: I live on Jackson Street. Actually this hearing is inopportune at this time as it is doubtful the ramp will be usodo ~hey cani't launch a boat. It is questionable whether the ramp will be open this year. There is a question whether t~ylcan ge~ environmont~l approval fOr dredging. I% has really~been 'a menace to New SuffOlk. I~ is a fact ~hat Mr. Murray is the one most affected b~ it. Weekends have been quito intolerable Prior to this year. ~n~si There are unsanitary conditions. There are beer cans all the way down the street. The Town did agree to eighteen (18) cars and trailers. The Town has already paved the parking lot to provide this, and taken it away from the bathers. THE CHAIRMAN: I presume that that summarizes the position of the people on Jackson Street. Southold Town Board of Appeals -12- A~i~i ~9 ~£~9~6 MR. JAMES MAMONE: I have been down there at 5 in the morning and it's not fit to live with what goes on. This thing about feeling sorry for people who want to go fishing... this gentleman is going to sell his property. MR. POLASHOCK: I have never said I was sorry for the people who want to go fishing. MR. HUGH F. MURRAY: I have already said it in my letter. The condition was worse on the weekend that I saw this parking lot used. THE CHAIRMAN: Does anyone wish to rebut? MR. POLASHOCK: Only the remark that it was taken away from the bathers. That fence is still there and bathers have a right to use the parking area. MR. MURRAY: My objection is on the parking lot only. The following people signed a statement that they are against the rezoning of the lot from Residential to Commercial in New Suffolk: John Bonnar J. G. Dill Ruth Glasser Carrie L. Sullivan A. Grier J. Martin Elsie Prezioso Main & 2nd St. Jackson Street Jackson Street Jackson & 3rd Street Jackson Street Jackson Street 2nd Street (Statement with signatures in file). THE CHAIRMAN: Are there any more questions? (There was no response.) THE CHAIRMAN: I am going to suggest that a decision be postponed until We can fi:nd out some m~re information as to what the Town's plans are. I also lean to the opinion that the Board of Appeals~does not have the authority to change the use of residential property although there has been some evidence here Of hardship. In thfs case, I believe I should recommend that the Town solve this problem. If you provide parking for 10 to 15 trailers you are really inviting more people to come in. MR. POLASHOCK: You have that many coming and going. You really can't stop them. Southold Town Board of Appeals -13- April 29, 1976 On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold T own Board of Appeals postpone decision on Appeal No. 2118, Joseph and Anne Polashock, Third Street, New Suffolk, New York, until 7:45 P.M. (E.D.S.T), Thursday, May 20, 1976. ' Vote of the Board: Ayes:- Messrs: Gillispie, Bergen Grigonls, Hulse, Doyen. ' PUBLIC HEARING: Appeal No. 2119 - 8:35 P.M. (H.D.S.T.), upon application of John & Mary Targonski, 190 Hobart Road, S°uthold, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 10'0-30 and Bulk Schedule for permission to construct addition which will result in rear yard with insufficient depth. Location of property: Hobart Road, Southol~, New York, bounded on the north by Lehman; east by Hobart Road; south by Heppa; west by Edson, Warnaka. 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 notification of certified mail sent to Mr. Irving Lehman and Mrs. J. Heppa. THE CHAIRMAN: The proposal is to add a sundeck on to the existing dwelling on a shallow lot which is 75 feet in depth on the southerly side, and slightly longer on the northerly side. The sundeck is to be 18' x 14' 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.) After investigation and inspection the Board finds that applicant requests permission to construct addition which will result in rear yard with insufficient depth. The property is located at Hobart Road, Southold, New York. The findings of the Board are that it is extremely unlikely that the property ad- joining the rear yard could be used for building purposes because of the steep slope; applicant's property is in single and separate ownership. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -14- April 29, 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 neighSorhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, John and Mary Targonski, 190 Hobart Road, Southold, New York, be GRANTED permission to construct addition with insufficient rear yard depth on Hobart Road, Southold, New York, as applied for, subject to Suffolk County Planning Commission approval. Vote of the Board: Bergen, Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis, PUBLIC HEARING: Appeal NO. 2120 - 8:45 P.M. (E.D.S.T.) upon application of Alice G. Donenfeld & Others, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A.B.C. for permission to use existing barn for the making and storing of lobster pots and gear in residential-agricultural zoned farm building. Location of property: North side Main Road, Orient, New York, bounded on the north by Lands End Realty; east by Lands End Realty; South by Main Road (Rte 25); west by Woodhollow Properties. 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 notification of certified mail to Lands End Realty & Woodhollow Properties. THE CHAIRMAN: The application is accompanied by a survey of the 'Done~feld property. The main house is 57'+ from the Main Road. The barn is 280 feet, approximately, from The Main Road and behind the barn still further north there are additional sheds. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals -15- April 29, 1976 ALICE G. DONENFELD: I am an attorney but at this hearing I am speaking once.my own. I brought along a copy of the Town of Southold tax map which I thought might be of some assistance. This is the piece in question. THE CHAIRMAN: Is there anything you want to add to what has been stated in the application? MR. DONENFELD: What I would like to say at this point is that I would like to have the existing barn used by my co- petitioners, the Gr~enport Lobstermen. They are John and Mike ' Savage and Victor Cierach. THE CHAIRMAN: For Clarification, you operate solely by yourselves? MR. JOHN SAVAGE: Yes we do, and we don't use the barn for any other purposes. Our boats are across the way in the marina. They built new ramps there where we used to store pots and gear. We lease from Mrs-. Donenfeld. MRS DONENFELD: On the parcel I own there are five farm building~'~ There is no agricultural use for them now. THe agriculturlal prop~erty has been sold off. Conc~-vably any economic hardship is my o~n because I did buy the buildings. My recital on it of $'40 is paid by'agreement that they maintain the building and they kave kept it in good order. According Go so~eo~e'~.from the Southold ~istorical Society this is one of the ol~eslt ~arns. It appearls ~hat~old barn~s are much in demand these da~s~ I feel that the use they are making of it is cloSely ak -the original uses. It was agricultural - this would be consi culture~ There is no add±tional water or sewage faci~ needed. T~he onl~ traffic engendered is fr~om the three gentle- men. No selling is done from'the premiseS, no fish or ~0bslters are on the premises.., processing operations are not complicated. There is ~nly the wood that is Used for the pots. I thought it added to the area. I have people who come from the ferry who want to take pictures. They feel it looks like Maine. I have never heard the men working at any time; I have never~seen any mess in the yard. I don't feel that in any way would this reduce the property values. I only want a very limited variance for the Lobstermen to be able to make and store the pots. If the Board should require it, we would store the pots inside the other barns. MR. JOHN SAVAGE: We run about 300 to 400 pots. Southold Town Board of Appeals -16- April 29, 1976 THE CHAIRMAN: You should be able to store that in the big barn. MR. MIKE SAVAGE: Most of the gear is in the water. It's only in the winter that we need more room. MRS. DONENFELD: There is also a loading ramp there-sc ~ere is plenty of room to store them. We would not object to any restriction as to where they would be stored or a restriction on the number of vehicles parked there. I feel we are creating less of a hardship on the area than the marina or the ferry, and I feel we are more aesthetic looking than the old Inn. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? DOMINICK AURICHIO, ESQ.: I think it is one of the last vestiges of the old Long Island. Fis~ing~and the charm that goes with it bears no malice; it is part of the local color, which is very essential to tourism. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? MR. JOHN SAVAGE: It would make a hardship for us if we have to get out of there because I don't know where we could go. We just need it in the winter time. We buy the kits. THE CHAIRMAN: The gear that's stored would include such things as buoys? MR. SAVAGE: Yes, and we ha~e an air gun. THE CHAIRMAN: I'm sure there are a lot of lobster pots on Fishers Island. It's a use pre-ex~sting zoning. MR. DOYEN: Yes. We have a great many but they only build in the winter. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: We have one letter objecting to this use from George Paro dated April 20, 1976 as follows: Southold Town Board of Appeals -17- April 29, 1976 "I am the owner of properties adjacent to property identified as, "N: & East Lands End Subdivision S: - Main Road W: Wood Hollow Properties" I received notification of a petition for Variance (copy enclosed). Since I am unable to attend the hearing personally, I would like for it to be known at the hearing that I am not in favor of the variance being granted to the Greenport Lobstermen & Alice Donenfeld,Petitioners. I have invested a lot of ~,on~y to improve the land for resale purpose and want to vote NO for the petition for Variance. Your cooperation in this matter .is appreciated." /s/ George Paro THE CHAIRMAN: We have, in the past, denied another appeal where the applicant was using a garage on a residential lot. It seems to me that the Board would be well advised to find uses for old barns. MR. AURICHIO: When this person who is objecting bought his property these structures were there and if it is not an offensive use Ica~ts~ethat his objection is valid. THE CHAIRMAN: I would favor anything that preserves these old barns. This barn will be used in the same way that farmers used to use them for the making of crates. THE CHAIRMAN: Are there any other questions? ~There was no response.) After investigation and inspection the Board finds that applicant requests permission to use existing barn for the making and storing of lobster pots and gear in residential- agricultural zoned farm building on the north side of Main Road, Orient, New York. The Board agrees with the reasoning of the applicant. The Greenport Lobstermen maintain the barn and the Board approves of maintaining these old barns. It wilt be used for the same purpose as farmers used to use them for the making and storing of crates. In this case, it will be for the making and storing of lobster pots and gear. 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 -18- April 29, 1976 On motion by Mr. Gillispie, seconded by Mr. Doyen~ it was RESOLVED, Alice G. Donenfeld and Greenport Lobstermen, Main Road, Orient, New York be GRANTED permission to use existing barn for the making and storing of lobster pots and gear in residential- agricultural zoned farm building on the north side of Main Road, Orient, New York, as applied for, subject to the following con- ditions: 1. That all lobster pots and gear be stored inside the barn. e That there shall be no further extension of this use; and the applicants shall not allow any other lobstermen the use of the barn. 3. Subject to Suffolk County Planning Commission approval. 4. The Board shall review this use in two year's time, and may rescind this approval at any time for cause. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2122 - 8:55 P.M. (E.D.S.T.) upon application of A. Reilty & Sons, Inc., Shore Acres, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule & Section 280A Town Law, for permission to divide property and set off lot (with existing building) with insufficient area. Lo~a~i~f property: Right of way off Cedar Drive, Mattituck, bounded on the north by Mattituck Development Co., Inc., Sub.; east by same; south by N. Reilly; west by J. Carlton. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publica.ti~n in the official newspapers~ and notice to the applicant. The Chairman also read letter from the Town Clerk attesting to the ~fact that the following neighbors had been notified by certified mail of the intent of the applicant to file for a variance: Mrs. E. Butterworth, Mrs. S. Butterworth, Mrs. C. Bull, Mr. H. Martens, Dr. J~ Carlton. THE CHAIRMAN: A survey accompanies the application as well as a photostat of the area from the County tax map indicating that this parcel is 1.6 acres. There are a number of undersized parcels adjoining the 1.6 acres. They are all occupied with residences , and across the private road are similar or smaller Southold Town Board of Appeals -19- April 29, 1976 size lots. Several of them are 50 feet wide. This area on the 20 foot right of way coming in from Cedar Drive is 0.648 acres. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (Mro Norman Reilly and Mr. Norman Reilly, Jr. were present) THE CHAIRMAN: The area we are talking about is about 44,000 sq. ft. Would this .648 acres be added to Norman Reilly? MR. NORMAN REILLY: It's in the business. THE CHAIRMAN: Where would the right of way be to this? MR. NORMAN REILLY: It's an existing right of way, A. Reilly & Sons, from Bayview Avenue. THE CHAIRMAN: This is all pretty heavily wooded. MR. NORMAN REILLY: They are all 30 or 40 years old. I own to the south of all of this. THE CHAIRMAN: This is for whom? MR. REILLY: For Norman Reitly, Jr., my son. THE CHAIRMAN: You~would not be able to use this 0.648 acre piece as a building lot in the future. THE CHAIRMAN: Is there anyone present who ~ishes to speak against this application? (There was no response.) After investigation and inspection the Boar~d finds that applicant requests permission to divide property and set off lot (with existing building) with insufficient area on right-of-way off Cedar Drive, Mattituck. The findings of the Board are that there are a number of undersized parcels adjoining the 1.6 acres, all occupied with residences, and across the private road are similar or smaller size lots. 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 -20- April 29, 1976 On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, A. Reilly & Sons, Inc., Shore Acres, Mattituck, New York, be GRANTED permission to divide property and set off lot (with existing building) with insufficient area on right-of-way off Cedar Drive, Mattituck, as applied for, subject to the following conditions: 1. That the 20 foot right-of-way from Bay Avenue as des- cribed on survey of Robert A. Kart dated February 9, 1971 shall, if necessary, be improved subject to the approval of the Building Inspector. 2. That the remaining property measuring 0.648 acres shall not be used for be~id~i~rp!~P®ses Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC ~EARING: Appeal No. 2123 - 9:10 P.M. (E.D.S.T.) upon application of Richard Kamps, North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Section 280A Town Law for permission to divide property and set off lot with insufficient width and area on the north side of CR27 Middle Road, Southold, New York. Location of property: bounded on the north by other land of applicant; east by A. Paraska; south by CR27; west by L. Sawicki. 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 T~wn Clerk attesting to notification by certified mail to the following: Walter Sawicki, Sal Caiola, D. Demtrack, H. Bais, F. McDonald, A. Hydell, C. Becker, A. Spiridakis, A. Parakas. THE CHAIRMAN: The application is accompanied by a photo- stat of the County tax map which indicates that this property fronts ®n North Road and has 160 foot frontage and extends through to Sound View Avenue which is 100 feet wide. Portions of the lot decrease from 160 feet to 100 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Southotd Town Board of Appeals -21- April 29, 1976 MR. C. BECKER: Mr. Kamps is my nephew. There was a fore- closure so I took it over. His sister is living here now. She would have access from this side (Mr. Becker indicated access on map. My nephew has a nursery. There is no change; it would be just the same as it always was, maybe for 100 years. It gives my niece a place to live, the bank is giving her a small mortgage. I think she is very deserving and I do not want to see her lose it. Richard Kamps' father was my wife's brother. There is no change except that it will save the place for him and will give my niece a place to live. There is a small cottage and Richard is living in there with his uncle. THE CHAIRMAN: What you are proposing to d6 is to set off the house for his sister and put in a right of way to the back. I think the only thing we disagree with is the 80 foot access. We would prefer that this be a 50 foot access. MR. BECKER: He says he won't set it off if he has to give her more than 80 feet but if the deal does not go through he would lose it, and the girl would lose the house. She is satisfied with a house to live in. However, I agree that it would be nice if she got 100 feet. THE CHAIRMAN: We have seen the property and we would not want to create a lot any smaller than that. MR. BECKER: My nephew is very foolish to say that he won't sell it to his sister if he has to give her more than 80 feet. THE CHAIRMAN: I am going to suggest that you tell him that the Board is unwilling to create an access of more than 50 feet, that would leave ll0 feet that would go with the house. MR. ROBERT BERGEN: That will give him a 50 foot right of way and and his sister will have 110 feet~. THE CHAIRMAN: Do you want us to make a decision on this tonight or do you want us to postpone it? MR. BECKER: I want my niece to have a place to live so I would like to have a decision. THE CHAIRMAN: Does this Lot No. 3 include both the houses? MR. BECKER: It's just the house. Southold Town Board of Appeals -22- April 29, 1976 MR. ROBERT BERGEN: On the original survey there are two houses on one lot. 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 property and set off ~ lot with insufficient width and area on the north side of CR27, Middle Road, Southold, New York. The Board finds that applicant has requested an 80 foot access. The Board agrees with the reasoning of the applicant except that it is unwilling to grant an access of more than 50 feet. The 50 foot access would give 110 feet instead of 80 feet to the lot with the house on it. A survey shows the east-west line separating the small cottage in the rear from the main house lot is approximately 143 feet. 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. Gillisple, seconded by Mr. Bergen, it was RESOLVED, Richard Kamps, North Road, Southold, New York, be GRANTED permission to divide property (Lot 93), and set off lot with insufficient width and area on the north side of CR27, Middle Road, Southold, New York, as applied for, subject to the following conditions: That right-of-way, as~ shown on Van Tuyl survey dated March 15,. 1933,-contiguous to the easterly side of the property from Main Road, shall be reduced to 50 feet. This portion shall include the cottage. The new lot with the original house on it shall contain approxi- mately 160 feet from the westerly line on the Main Road. 2. That~this approval shall be Subject to applicant obtaining and furnishing the Board of Appeals with a proper description of the property. 3. Also, subject to approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -23- April 29, 1976 PUBLIC HEARING: Appeal No. 2124 - 9:20 P.M. (E.D.S.T.) upon application of Joseph Elak, c/o D. Aurichio, Esq., Main Street, Greenport, New York (Frederick Tedeschi, Atty), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling on lot with insufficient width and area. Location of property: South Harbor Road, Southold, New York, bounded on the north by Bingman; east by Estate of C. H. Wickham and Ccosenzo; south by A. Lief; west by South Harbor Road. 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 attesting to notification by certified mail to neighbors: Arthur Lief, C. H. Wickham, Santalo C. Cosenzo, Philip Bingman. THE CHAIRMAN: The application is accompanied by a survey of Van Tuyl dated April 21, 1976 indicating the area is 200 feet in depth from South Harbor Road and 105 feet in width. The lot is 20, 986 sq. ft. The County Tax Map indicates that there are many smaller lots in the general area than that which applicant proposes to construct a dwelling on. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? FREDERICK TEDESCHI, ESQ.: I am appearing here for Mr. Joseph Elak. I believe the Chairman has adequately stated the reasons for the appeal. We will have a lot of approximately 21,000 sq. ft. It would be larger than some of the existing lots in the area. We respectfully ask that this application be approved as submitted. 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 dwelling on lot with insufficient width and area at South Harbor Road, Southold, New York. The findings of the Board are that applicant's lot is approximately 21,000 sq. ft. and that there are many smaller lots in the general area. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -24- April 29, 1976 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is un ique 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. ~Oyen, seconded by Mr. Giltispie, it was RESOLVED, Joseph Elak, c/o D. Aurichio, Esq., Main Street, Greenport, New York be GRANTED permission to construct dwelling on lot with insufficient width and area at South Harbor Road, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2125 - - 9:30 P.M. (E.D.S.T.) upon application of Barbara E. Siegel, Vanston Road, Nassau Point, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law, for permission to construct dwelling on interior lot (lack of approved access to interior lo~). Location of property: east side Vanston Road, Cutchogue, bo~unded on tke north by Posner & Carrington Road; east by P~ ~n'er & G. Ferend; south by G. Ferend & M. Bogathunes; west by Vanston Road. Fee paid $15.00. The for a to its the adj Bog opened the hearing by reading the application legal notice of hearing, affidavits atteSting in the official newspapers, and notice to The Chairman ~lso read letter from Town Clerk by c~rtified mail to the following irs: James Ho~fman, Geraldine Ferenc, Martha Adele B. Posner, Manuel N. Siegel. T~E'CHAIRMAN: The application is accompanied by a survey. this application? RICHARD LARK, ESQ.: The original owner, Posner, reserved a half an acre, where she lives in the summer. Both Mr. and Mrs. Siegel own this lot (referring to map) and they own this one here.. This was one large 10t which was formerly an adult home. Southold Town Board of Appeals -25~ April 29, 1976 THE CHAIRMAN: Is there anything else you would like to add? MR. LARK: The_only thing I~wou~d like to add is that the reason for the 50 foot access as opposed to a 15 or 20 foot access ~s due to the topography and the size of the trees. they propose to leave the trees. They could create a 20'foot driveway within that 50 foot access Plus it does lend itself to the topography of the land. There would be enough room to have three lots but they do not want that. They want to build on the interior lot because th~ present h?me that is there is too big for them. That is the re~son for this application. THE CHAIRMAN: Does anyone else wish to speak for this application? MRS. BARBARA SIEGEL: The house we are in now is much too large. We want something smaller and more comfortable. We do like the area and that's the reason we want to divide the lot and build a home of our own. THE CHAIRMAN: Will you sell t~is other lot? MRS. SIEGEL: Yes. THE CHAIRMAN: Does anyone wis~ to speak against this application? MRS. M BOGATHUNE: What I would like to know is if that 50 foot access is going to be right next to my property line. THE CHAIRMAN: This is a driveway through the trees. They will take down as few trees as possible. It won,t be used for any other residence. MRS. BOGATHUNE: Could there be a buffer zone? THE CHAIRMAN: I don't think this Board has ever required a buffer zone. MR. LARK: It will be 20 feet in width. MRS. BOGATHUNE: It is not going to be 50 feet of straight pavement? THE CHAIRMAN: No. There has ~o be a minim um of 15 feet, subject to the approval of the Building Inspector, for emergency vehicles. In o~h~r words, they can't wind %oo~close to the trees and it is possible they may have to take out some trees. Southold Town Board of Appeals -26- April 29, 1976 THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct dwelling on interior lot located on the east side of Vanston Road, Cutchogue, New York. The findings of the Board are that this is a good location for the access and that applicant is justified in trying to preserve the trees. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike ±n the immediate vicinity of this property and in the same use district; and the variance will not change the ckaracter of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Barbara E. Siegel, Vanston Road, Nassau Point, Cutchogue, NewYork be GRANTED permission to construct dwelling on interior lot on property located on the east side of Vanston Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2121 9:45 P.M. (E.D.S.T.) upon application of Windsway Building Corporation, Glen Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70A & Bulk Schedule for permission to construct office building with insufficient side yard. Location of property: South side (CR27) Middle Road, Southold, New York, bounded on the north by CR27; east by R. W. Gillispie, III; south by D. Charnews; west by S. Mendetson & Ors. Fee paid $15.00. THE CHAI~LAN, Mr. Robert W. Gilllspie, Jr.: I am the owner of record of this lot and I will now have to excuse myself from thiS hearing and turn the chair over to Mr. Fred Hulse, Jr. ACTING CHAIRMAN, Mr. Fred Hulse, Jr. read the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. He also read letter from the Town Clerk attesting to the fact that notification by certified mail was sent to the following: Robert W. Gillispie III, Mr. and Mrs. Daniel Charnew, Stanley Mendelson & Others. Southold Town Board of Appeals -27- April 29, 1976 MR. FRED HULSE, JR.: The application is accompanied by a survey of the area indicating that Lot No. 20 has 75 feet on County Road 27 and extends 334 feet on the westerly line and 338 feet on the easterly line. The width of the rear of the lot is 74 feet. MR. HULSE: Is there anyone present who wishes to speak for this application? MR. ROBERT W. WENDELL: I am President of Windsway Building Corporation. I believe the application covers everything. The only comment I might make is that it would be impossible to build anything smaller there. MR. HULSE: The survey shows that the building lot is 100 feet from the County Road, the parking lot is 3,500 sq. ft. in area, the side yards are 12 1/2 feet, and there is no problem at all with the rear yard. MR. WENDELL: It pretty much carries the same outline as existing buildings.., w~ are staying about the same distance back. MR. HULSE: Is there anyone present who wishes to speak against this application? (There was no response.) MR. HULSE: Ail you are asking for is a variance on side- yards. The way I understand it, you will build part of it now. MR. WENDELL: I will build all that I need now; all I need now is an office. It will be Colonial in design. Afte~ investigation and inspection the Board finds that applicant requests permission to con,strUct office building with insufficient sideyards on the south sidle Ofl (CR27) Middle Road, Southold, New York. The findings of the Board are that since 19~8'~he-property was held in s~ngl~ ~nd separate ownership as vacant property. There were no. side yard requirements when this lot was created in 1968. Neighboring lots %o ~he east are similar in size and do not meet current requirements. 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; Southold Town Board of Appeals -28- April 29~ 1976 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, Windsway Building Corporation, Glen Road, Southold, New York, be GRANTED permission to construct office building with insufficient side yards on the south side (CR27) Middle Road, Southold, New York, as applied for, subject to approval of Suffolk County Planning COmmission. Vote of the Board: Ayes:- Messrs: Hulse, Bergen, Grigonis, Doyen. There were 10 Sign Renewals reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.) , Thursday, May 20, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing 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~ound Avenue (CR27); east by now or formerly Pylko; south by now or formerly H.R. Reeve; west by now or formerly V. Norris. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Bergen, seconded by Mr. Gillispie, it wa~s RESOLVED that the Southold Town Board of Appeals ~set. 8:10 P.M. (E.D.S.T.), Thursday, May 20, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Robert B. Hamilton, 1180 Smith,s Drive South, Southold, New York, for a variance in accordance with the Zoninq Ordinance, Article III, Section 100-30 and Bulk Schedule ~or permission to.build an addition leaving insufficient sideyard. Location of property: Smith Drive South, S~uthold, New York, Lots 47 and 48, Goose Neck Est. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -29- April 29, 1976 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:20 P.M. (E.D.S.T.), Thursday, May 20, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing 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 per- mission 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals set 8:30 P.M. (E.D.S.T.), Thursday, May 20, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of George Wallce, 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 construct swimming 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. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 8:45 P.M. (E.D.S.T.), Thursday, May 20, 1976, at the Town Office, Main Road, Southold, New York, as the time and place of hearing upon application of Edward C. Clingen, Young's Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, 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 north by Main Road (Rte 25); east by C. Knispel; south by Hale & Kellogg; west by Floyd King. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen Grigonls, Hulse, Doyen. Southold Town Board of Appeals -30- April 29, 1976 On motion byMr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set 8:55 P.M. (E.D.S.T.), Thursday, May 20, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Leo W. Tillinghast, 59 Wilmarth Avenue, Greenport, New York for a variance in accord- ance ~ith the Zoning Ordinance, Article III, Section 100-30A and Bulk Schedule for permission to construct porch addition with insufficient side yard. Location of property: south side Wilmarth Avenue and north side Washington Avenue, Greenport, Mapn6~dWa~h~hg~en~e~hts, Lots 41 and 50, Wilmarth Avenue, Greenport. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 9:10 P.M. (E.DoS.T.), Thursday, May 20, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing 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 insufficient width and area. Location of property: Wabasso/ Nakomis Road, Southold, bounded on the north by Theodore Kwasnik; east by Wabasso Street; south by C. Nelson & A. Kwasnik; west by Nakomis Road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. The meeting was adjourned at 11:00 P.M. . Respectfu, lly submitted, arjor~e McDermott, Secretary Robert~ W. Gillispie, Jr., Chairman