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HomeMy WebLinkAboutZBA-04/08/1976 APPEAL BOARD Robert W. GillispJe, Jr., Chairman Robert Bergen Charles Griflonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11~'71 Telephone 765-2660 MINUTES Southold Town Board of Appeals April 8, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, April 8, 1976, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr., Fred Hulse, Jr., Serge Doyen, Jr. Also present: Mattituck Watchman. Sherte~ Katz of the Long Island Traveler- ? Absent: .M~. Robert Bergen. 7:30 P.M. (E.S.T.), Appeal No. 2099, Kenneth & Susan Lange,' 1887 Newfield Avenue, Stamford, Connecticut. THE.CHAI?~A~ N!: ~This appeal has been recessed several times.~'The origin'aL public hearing was held on. February 5, 1976. Is %h~e' anyone present who is interested in the decision of the Board? ~(Mr~. and Mrs. 'Kenneth Lang~ were present). /THE C~A!R~AN~ I believe we have heard from all the people .who bb~ec~ed to this ap~ieal, we referred it to the Plan~ing BOard~ and found that ~hey are interested in making provisions for ~mergency vehic~les. They wrote to us under date of~April 7, 1976, as~follows: Southold Town Board of Appeals -2- April 8, 1976 "Re. Lange Appeal: The Southold Town Planning Board feels that the thirty foot wide road is necessary for emergency vehicles and part of the responsibility of the Planning Board to provide." This is in response to a letter written by the Board of Appeals to Mr. Wickham, Chairman of the Planning Board, dated April 1, 1976, as follows: "The Board of Appeals understands that the Planning Board recommends that the original house remain on one acre and that the remaining property be divided into two lots instead of three." At a regular meeting of the Board of Appeals held on March 18, 1976, the Chairman read the action of the Planning Board taken on March 15, 1976 in which IT WAS RESOLVED that South Lane be continued at a thirty foot width, to the Building Inspector's specifications, on property of Mr. and Mrs. Kenneth Lange. "The Board of Appeals wonders whether it is proper for this 30 foot right of way to intersect with a 10 foot private road and would appreciate receiving a more detailed explanation regarding the continuation of this road." THE CHAIRMAN: I believe you have access over the 10 foot right of way. MR. KENNETH LANGE: Yes. THE CHAIRMAN: I talked this over with John Wickham and with our Town Attorney, Bob Tasker. They thought it would be reasonable to request that South Lane be continued at a 30 foot width. You can not block it off but you can put up fences leav- ing a space 15 feet wide which would be sufficient for emergency vehicles to pass through. I think it would be to everyone's advantage not to make a thoroughfare out of it but occasionally, in emergencies such as flooding, it might be used by the people on Huckleberry Hill. MR. LANGE: We have felt right along that we would have no objection to a right of way for emergency vehicles. We would be more than happy to keep the area open but I do feel, if this right of way is improved and not enclosed in some way, perhaps with a rail fence, that this becomes a thoroughfare over our property that we would have no control over. THE CHAIRMAN: I think you are right but I believe we have to do it. You are in a dead-end trap there. This is part of the problem of private roads there and other places. This is part of the function of the Planning Board and we are trying to work with them. There have been four or five cases when fire engines could not get to a fire. Southold Town Board of Appeals -3- April 8, 1976 THE CHAIRMAN: Check with the Building Inspector as to how he wishes you to improve the right of way. It may be that all you have to do is bring in a load of sand. MR. LANGE: Driving over the area that extends from that 10 foot right of way, you don~t even leave tire tracks. It is solid enough to drive over the way it is now. THE CHAIRMAN: The Planning Board concurs that there should bs an acre of property surrounding your house and they have no objection to the remainder of the property being divided into two 20,000 foot lots. MR. LANGE: One lot is slightly over that size. This is taken from a Van Tuyl survey. It has been done accurately by me on a sketch stamped Elder, Angell & Lange dated March 15, 1976. THE CHAIRMAN: You could put up a sign "For~Emergency Use Only". I think it is a legitimate concern. We will have to make our decision subject to the approval of the Building Inspector. MR. LANGE: tn Some cases, break-away fences have been used, or a large enough rail so that emergency vehicles can get through. I think you would find that people on Huckleberry Hill would be unhappy if it became a thoroughfare. MRS. WENK: I am an owner and we would Object to traffic coming through from the Huckleberry Hill section. THE CHAIRMAN: It is possible Mr. Lange can make some sort of compromise. We would have no objection to some sort of temporary barrier that could easily be moved. MR. LANGE: That right of way would be kept clear of any encumbrances, and if it satisfies the Planning Board to show a right of way on the survey for emergency vehicles, I would agree to that. THE CHAIRMAN: Are there any other questions? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to set off lots with insufficient area. Location of property: Private Roads: East Lane, North Lane and South Lane, East Marion, New York. The findings of the Board are that all of these lots will be larger than the majority of the surrounding lots, and that this is a reasonable solution which has been concurred in by the Planning Board. Southold Town Board of Appeals -4- April 8, 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 varianc~ Will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonls, it was RESOLVE~, Kenneth & Susan Lange, 1887 Newfield Avenue, Stamford, Connecticut, be GRANTED permission to .set off lots with insufficient area located at ~rivate Roads: East Lane, North Lane, and South3_Lane, East Mari0n~ N. Y., as outlined in Elder, Angell & Lange sketch of March 15, 1976, subject to the following conditions: 1. That official survey be submitted to the B~ard of Appeals certifying the boundary lines of the three lots to be created by this vlslon. 2. That there be a continuation, as an amergency right of way, of the 30 foot private road known as South Lane across Lange's property intersecting with the 10 foot private road known as Huckleberry Lane. 3. This right of way shall be improved suitable for use of emergency vehicles, subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. 7:45 P.M. (E.S.T.), Appeal No. 2100, Julius Zebroski, Bayview Road, Southold, N. Y~ THE CHAIRMAN: We have received a letter concerning this appeal from Philip J. Ofrias, attorney for Mr. Zebroski, which reads as follows: Southold Town Board of Appeals -5- April 8, 1976 "With reference to the above matter scheduled for April 8, 1976, I would appreciate it if the Board of Appeals could hold the entire matter in abeyance. Because of what appears to be the overwhelming difficulties we would face with the Department of Environmental Conserva- tion and the Army Corps of Engineers, Mrs. Zebroski is attempting to negotiate a settlement of the two contracts of sale." On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals DENY Appeal No. 2100, Julius Zebroski, Bayview Road, Southold, New York because of the difficulties which face the applicant with reference to the Department of Environmental Conservation and the Army Corps of Engineers, and other factors, indicating that it is not possible for the Zebroskis to apply for a variance within a reasonable length of time. This application is denied without prejudice to future applications. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Review of Appeal No. 1892, North Fork Baptist Church, Route 27A, Mattituck, New York, dated April 11, 1974. The Chairman read the action of the Board dated April llth, 1974 - one of the conditions was that it be reviewed in two years. THE CHAIRMAN: In the absence of any objections to this special exception to expand the ministry to include a youth hostel (no criticism having been received by the Board of Appeals since this use was granted), the Board feels that it can cease to review this application. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -6- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated March 18, 1976, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Sm~ge~s, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Board approve minutes of the Southold Town Board of Appeals dated March 26, 1976 (special meeting), subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillisple, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2110 - 8:10 P.M. (E.S.T.) upon application of Donald King, Rocky Point, Road, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (2) and Section 100,32 for permission to const~ruct swimming pool in front yard area. Location of property: Rocky Point Road, East Marion, N. Y., bounded on the north by J. Mardikos; east by Circle Drive; south by T. Stamos; west by Rocky Point Road~ T. Berrill, Jr.~ T. F. Berrill. Pee paid $15.00. The Chairman opened the hearing by reading the legal notice of hearingt application for a variance, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification of certified mail to Mr. and Mrs. James Mardikos; Theo. Stamos; T. F. Berrill. THE CHAIRMAN: There is a sketch accompanying the application indicating the location of the poot. The pool is approximately 60 feet from the easterly side yard. MR. DONALD KING: The pool is 20' x 45' and is located, I believe, 25 feet from the edge of the house. THE CHAIRMAN: Is there anyone presen5 who wishes to speak for this application? Southold Town Board of Appeals -7- April 8, 1976 MURRAY WHITEMAN, ESQ.: I have my practice at 41 Front Street, Greenport. I would like to show you a series of photographs which were taken this afternoon which show the various views of the house and the location of the swimming pool. Photograph No. 1 shows the front of the house as approached from Rocky Point Road. Essentially, you would.be looking northeast. THE CHAIRMAN: We were there. MR. WHITEMAN: Photograph No. 2 shows the right side, the south face of the house as approached from Rocky Point Road. P~otograph No. 3 is a picture taken from Circle Drive looking west. It's the rear of the house. I'm sorry the Building Department has designated that as the front yard as it is the back entrance of the house. You probably noted, when you were there, the character of Circle Drive; it's a private drive. The next picture has a view of the rear southeast portion of the house which would show the area where the pool would be located. So, for all practical purposes, the decision of the petitioner is that it is protected from view of traffic on Rocky Point Road; it is protected from property owned by Berrill. The last picture was taken from the southeast corner of the applicant's lot. As much as I can determine, a great deal of the pool would be hidden by the house, itself. We are asking for a variance because the Ordinance says a pool should not be located in the front yard area. There would be hardship in carrying out the strict letter of the law. THE CHAIRMAN: I think we would agree with you that it's the best location for the pool. Is there a house on the Sayre lot to the north? MR. WHITEMAN: There is the Stamos house to the s®uth and to the east there is another house. I believe photographs One and TWo Shows the peak of that house from.the trees. In the summertime I am quite sure you would not be able to observe the pool from either place. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Southold Town Board of Appeals -8- April 8, 1976 After investigation and inspection the Board finds that applicant requests permission to construct swimming pool in front yard area of property located Rocky Point Road/Circle Drive, East Marion, New York. The findings of the Board are that this is the most feasible location for a pool. 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 ~he Ordinance. On"motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Donald King, East Marion, New York, be GRANTED permission to construct swimming pool in front yard area of property located at Rocky Point Road/Circle Drive, East Marion, New York, as applied for, subject to the following conditions: 1. That the pool structure shall be no closer to Circle Drive (as designated on the map) than 20 feet. 2. That the pool structure shall be no closer than 50 feet to the easterly side line of the Stamos property. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen.- PUBLIC HEARING: Appeal No. 2112 8:25 P.M. (e.S.T.) upon application of John Simicich, Box 648, Ole Jule Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Town Law 280A, for permission to construct dwelling with lack of approved access. Location~ of property: west side camp Mineota Road, Mattituck, New York, boUn~ed on the north by ~tout & Van den Bosch,- east by Camp Mineola Rd. (Pvt. Rd.); south by Kraus, Gremeler, De Petris; west hy Ole Jule Lane, Donbrava, Papish, Zanowski. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to ihs publication in the official newspapers, and notice to the applicant. The Chairman also read letter from the Town Clerk indicating notification by certified mail to Jane W. Booth and to Mr. and Mrs. William Gremeler. THE CHAIRMAN: There is a letter in the file from Jane Booth McGrath dated March 8, 1976 as follows: Southold Town Board of Appeals -9- April 8, 1976 "Upon the advice of my lawyers in New York, I have to inform the Southold Town Board of Appeals that I have received the notice of the variance application. My main concern if the application is granted is that Camp Mineola Road, which I have paved at my own expense adjoining my ~roperty will be ruined by the construction truck traffic. I would like some assurance that if said events should happen that the road be restored to its present condition. Otherwise I have no objection to the application. Please make this a part of your record." /s/ Jane Booth McGrath THE CHAIRMAN: Is there anyone present who wishes to speak for this application? First, do you swear that this is your signature on the application? MR. JOHN SIMICICH: I ~o. CHARLES R. CUDDY, ESQ.: Initially, we would certainly conform to the requests made by Jane Booth Mc~rath. Mr. Simicich has talked to Mrs. McGrath and has no problem in saying that if there is any change in the road which was improved by heH he will take care of it. This involves 150 foot approach of the road which Simicich and others have which goes all the way to Peconic ' Bay. ~he Title Guarantee Company indicates that he has a right- of-way from New Suffolk Avenue to the Bay. Mrs. McGrath's property used to be Kraus. THE CHAIRMAN: Camp Mineola Road is a private road. Is this the correct width? MR. CUDDY: Yes. THE CHAIRMAN: this? Have you talked to the Planning Board about MR. CUDDY: We did, at one time, talk about a different proposal which we abandoned. He has a relative who would like to build there. THE CHAIRMAN: I have talked to the Town Attorney and to John Wickham and I explained to John that I thought we might have to grant this application as a casual sale of one lot and we can ask that this be improved'to allow passage of emergency vehicles. John's position is that if you want to d~Velop the res~ of this property that you would be in a situation where this could never be taken over by the Town. He thought it was a 30 foot right-of-way. Apparently, it's 25 feet. I did not think it was our job to require Southold Town Board of Appeals -10- April 8, 1976 additional width here. What he explained is, if you ever have this straightened out and have it taken over by the Town, that is what should be done. The 25 feet should be added all the way across. MR. CUDDY: I wonder if he means 12 1/2 feet on either side of the road. THE CHAIRMAN: What has been suggested is that enough land be given and let the Town take it over. This would help if you were going to sell more lots. I could easily say "this is okay" but I am going to suggest that you talk to the Planning Board. Maybe they can explain some things to you. (Referring to map) This is known as Norris property. This is where there will be 132 condominiums. I thought he was going to undertake to widen his side of Camp Mineola Road. MR. CUDDY: I believe no-one is too sure who owns this strip of property. (There was a further discussion of the Norris property -concerning passable roads). MR. CUDDY: Ail of the people who live adjacent have gotten a right-of-way. It runs with the land so when it was deeded out all of them got permission to use it. His grantor was Shiller. It's gone with the land for a number of years. At one time it could have been Judge Howell's. Mr. Simicich would be willing to covenant that he will not further develop the property. There would be a proviso that he would not go before the Planning Board for any further subdivision. THE CHAIRMAN: John Wickham's feeling is that if we are ever going to get this road widened, now is the time to start. MR. DOYEN: It gives you more options for the development of your land. In the future you may wish you had picked up the option. MR. CUDDY: I would like to talk to Mr. Wickham as to how much we take.., if we could split it, it could be to our advantage. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals postpone decision on Appeal No. 2112, John Simicich, until April 29, 1976, 7:30 P.M. (E~S.T.), at the Town Office, Main Road, Southold, N. Y. The-Board recommends and believes it would be to applicant's advantage to talk to the Planning Board before the next~ meeting of the Board of Appeals. Vote of the Board: Do~en. Ayes:- Messrs: Gillispie, Grigonis, Hulse, Southold Town Board of Appeals -11- April 8, 1976 PUBLIC HEARING: Appeal No. 2113 - 8:40 P.M. (E.S.T.) upon application of William E. McNulty, 30 Monett Place, Greenlawn, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling on undersized lot with insufficient setback. Location of property: E/S Laurel Lane and S/S Pec~nic Bay Blvd., Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by other lands of McNutty Estate; on the south by Peconic Bay; west by Laurel Lane. 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 certified mail to John C. Diller; Mildred C. MeNulty; Frank J. McNulty. THE CHAIRMAN: A survey accompanying the application indi- cates that the subject premises is approximately 452 feet to the bulkhead and it is approximately 52.58 feet in width on Peconic Bay Blvd. The waterfront width is 53.39 feet. The proposed bungalow would be 7 feet + from the easterly line; 50 ft. + from the bulkhead on Peco~ic Bay and 20 feet + from Laurel--Lane. The total area is in the neighborhood of 23,5~0 sq. ft. A photostat of the surrounding area indicates that this has been shown on County maps as a parcel of 3.2 acres; adjoining lots are the same width as subject property, generally, but there are some that are two lots wide. Also enclosed is a certificate of title which describes the premises and shows the chain of title. There is also certification that the Title Guarantee Company states Charles J. McNulty died 5/23/43. A sketch has been submitted showing the proposed construction. THE CHAIRMAN: There was one question which I believe you have resolved and that is that you need 850 sq. ft. of living area. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. WILLIAM E. McNULTY: These are two exi~sting buildings. I don't think there is anything else to add. I think the basic points are that the lot is undersized and has insufficient setback. Ir'has been owned by my father since 1943. There are one story bungalows for summer use in the neighborhood. Southold Town Board of Appeals -12- April 8, 1976 THE CHAIRMAN: Are the adjoining lots owned by your sisters or brothers? MR. McNULTY: They are owned by the Estate of Charles McNulty. It has.always been used as a family compound. I bought two buildings from Camp Immaculata and I want to put the two on this lot and make one bungalow. THE CHAIRMAN: We foresaw some difficulties with this application but it appears that your father successfully avoided any complications of zoning. This was divided prior to zoning. THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: I don't think you could locate the house any better than you have. Actually, you have a corner lot which makes two front yards. MR. MCNULTY: I see the Town of Riverhead was notified. Also, an application was made to D.E.C. and that has come back and has been approved. (Mr. McNUlty gave a copy to the secretary for the file). THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) of Laurel Lane and the south side of Pe¢onic Bay Boulevard, Laurel, NeW York. The findings of the Board are that adjoining lots and other lots in the vicinity are approximately the same width as applicant's property. ~he Board ~find~s t~at the location for the house selected by the applicant seems to be the most feasible. The, a~pticant proposes a one story, one family, summer bungalow. Th~ pr~per~ty ~as divided prior to zoning and has always been~ed as a family compound. There are mostly one story bungalows for summer use in the neighborhood. Applicant has already received D.E.C. approval. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -13- April 8, 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. Grigonis, it was RESOLVED, William E. McNulty, 30 Monett Place, Greenlawn, New York, be GRANTED permission to construct dwelling on under- sized lot with insufficient setback located on the east side of Laurel Lane and the south side of Peconic Bay Boulevard, Laurel, New York, as applied for, as shown on Young & Young survey dated March 3, 1976, subject to approval of Suffolk County Planning Commission. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Grigonis~ Charles Cuddy, Esq. of Tooker, Tooker & Esseks asked the Board if Appeal No~ 2114, J. Parker Wickham, scheduled to be heard at 8:55 P.M. could be adjourned for a short period of time as Mr. Robert Tooker was, on his way from Riverhead to represent Mr. Wickham on this appeal. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that hearing for Appeal No. 2114 be adjourned for approximately twenty minutes. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonls, Hulse, Doyen. PUBLIC, HEARING: Appeal No. 2111 - 9:15 P.~. (E~S,T.)- changed to 8:55 P.M. upon application of'James & Jacqueline G6°~'~in, Depot Lane; Cut~hogu~'~ New York for a Varian~ in ~cordance With the Zoning Ordinance, Article III, Section 100- iI8D. and 100-115D, for permission to reopen salvage yard (non-conforming use).. Location of property: east side Depot Lane, Cutch0gu~, bounded on the north bY John Krupski; east by Mildred Goodwin; south by Mildred Good,in; west by Depot Lane. Fee paid $ 15.00. Southold Town Board of~Appeals -14- April 8, 1976 The Chairman opened the hearing by readin9 the application for a variance, legal notice of hearing, affidavits attesting to its pub lication in the official newspapers, and notice to the applicant. The-Chairman also read letter from Town Clerk certifying to notification to Mrs. Mildred Goodwin; North Fork Properties~ and John Krupsk±. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. JAMES GOODWIN: My property is surrounded by "C-l" area. THE CHAIRMAN: The sketch indicates that the applicant is the owner of property which is 160 feet from Depot Lane and 160 feet in depth. A photostat of the County map shows that the property is 1950 feet from Oregon Road and it looks as if it's almost 2,000 feet from 27A. A Notice of Disapproval from the Building Inspector reads"Needs Board of Appeals approval to reopen non-conforming use." THE CHAIRMAN: Is there anyone who wishes to add anything to what has already been said. MR. GOODWIN: I want to strip cars, work on people's cars. My mother passed away and I own the property. THE CHAIRMAn.: You are surrounded by "C-i". What you want to do is strip cars but it falls under the Junkyard Ordinance. One of the things you will have to do is get a license from the Town Board. Subject to your getting a licehse from the Town Board I will speak for this application as I can't think of a better place for this use to be. It is surrounde~ by "C-l" Industrial and the Town DRmp~ is across the field. There are no residences within a couple of thousand feet of it. He also has a hardship because this would be a hard property to'sell. MR. HULSE: Are you going to live there? MR~ G©ODWIN: Yes. THE CHAIRMAN: We would require that you continue, the screen; it looks to us as if the hedge should be continued. MR. GOODWIN: How about if I put a fence up instead? THE CHAIRMAN: That would be fine. You can have a 6 foot fence. Is~%here anyone present who wishes to speak against this application? (There was no responses) Southold Town Board of Appeals -15- April 8, 1976 After investigation and inspection the Board finds that applicant requests permission to reopen salvage yard (non- conforming use) located on the east side of Depot Lane, Cutchogue, New York. The findings ~.of the Board are that applicant is surrounded by "C-l" Industrial zoned area, that the Town Dump is across a field from his property, and that there are no residences within a couple of thousand feet of it. 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. Hulse, it was RESOLVED, James & Jacqueline Goodwin, Depot Lane, Cutchogue, New. York, be GRANTED permission to reopen salvage yard (non- conforming uselon the east side of Depot Lane, Cutchogue, New York, as applied for, subject to the following conditions: e That applicant fence the area from the southeast corner of his house with a fence running due east and south of the shed to his easterly line~ This approval is subject to applicant obtaining license to operate a junk yard from the Town Board under the. J3~%~k Yard Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2115 - 9:25 P.M~ (E.S.T.) & variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access~to interior lot. Location of-property: west Side of Albertson Lane, Greenport, N. Y., bounded on the north by Guaranschelli; east by Albertson Lane; south by Cassidy & Guaranachelli;west by Guaranaschelli. Fee paid $15.00. Southold Town Board of Appeals -16- April 8, 1976 The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting te its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certified mail to Vincent Guranaschelli and to Marie D. Cassidy. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated July 2, 1975 showing that applicant has 200 feet on Albertson Lane. It is proposed to set off his own house with 150 foot frontage and 200 foot depth and provide a 50 foot access to the rear lot, the total area of which will be 40,000 sq. ft. The original lot will consist of 41,223 sq. ft. Across the street there is a parcel of 2.8 acres, a little further north there is one with 13.9 acres. The application includes a pond which will be partly on both lots that are created by this action. 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: I believe the application is in order. this pond is too small to be involved :with wetlands; it is about 100' x 50'. After invsstigation and inspection the Board finds that applicant requests permission to have access to interior lot on the west side of Albertson Lane, Greenport, New York. The findings of the Board are that applicant wishes to set off lot with dwelling on it, with 150 foot'frontage and 200 foot depth, consisting of 41,223 sq. ft. and wishes to provide access to interior lot consisting of 40,000 sq. ft. 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 -17- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Grigonls, it was RESOLVED, Samuel & Betty Jane Copin, be GRANTED approval of access on property located on the west side of Albertson Lane, Greenport, New York, as applied for, subject to the following condition: That the right of way be improved to a width of 15 feet subject to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 2114 - 8:55 P.M.E.S.T. changed to 9:25 P.M., upon application of J. Parker Wickham, Airway Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwelling. Location of property: Private Road off end of Bungalow Lane, Mattituck, N. Y., bounded on the north by Bungalow Lane, Wuttke; east by other land of applicant; south by Ross; west by Ross, Wuttke. Fee paid $15.00. THE CHAIRMAN: We will read the application, take your testimony and recess the hearing The Chairman read 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 stating that Mr. R. C. Kopf, Mrs. Morton McConnachie, A. Wuttke, and F. A. Ross had been notified by by certified mail. There is a survey accompanying the application dated February 17, 1976. The traveled road is not the same as the one on the filed map. It is an unusual shaped lot. THH CHAIRMAN: Is there anyone present who wishes to speak for this application? ROBERT L. TOOKER, ESQ., Tooker, Tooker & Esseks: I represent Ross and Wickham. Mr. Wickham's father passed away about two years ago. Prior to his death he rented several bungalows. THE CHAIRMAN: I count 12 or 13. Southold Town Board of Appeals -18- April 8, 1976 MR. J. PARKER WICKHAM: He owned 8 and Mr. Ross owns the one adjoining those. Wickersheim is down the lane and George Penny is down at the end. MR. TOOKER: These were summer bungalows. One had been used by Mr. Wickham's family; others had been rented. One of the bungalows was owned by M. Goldsmith, Parker Wickham's aunt. She deeded it to her daughter who is now deceased. That property is owned by Ross, Mrs. Goldsmith's son-in-law. He has lived there since his marriage. They have improved the property . He asked Parker Wickham i~ he could acquire this property which is interlocking with his own. They are prepared to complete all the papers. I asked for a certificate of pre-existing use and Mr. Howard Terry told me we have problems. That came as a surprise to me. MR. WICKHAM: There was a road. The beach has eroded there, 200 feet to the north. Those houses were on the other side. THE CHAIRMAN: In another fifty years, it will be gone. MR. TOOKER: How long have the bungalows been in their present position? MR. WICKHAM: 38 years. They were built over a span of fifteen years. MR. TOOKER: Ross owns this piece of property on the Bay... this belongs to George 'Penny, this belongs to Wickham, and Ross wants to acquire the piece adjoining which is ~21. Mr. Wickham would like to convey the property to Ross. Ross has quite a few children and would like to use this bungalow as an annex. He doesn't propose to build anything, he doesn't pro- pose to keep it in a rental state; he proposes to use it as an ancillary building for his children while he lives in the larger home. THE CHAIRMAN: What is this area across the way? MR. TOOKER: It's all kind of low. There is one house called the Villa and the Sea House on the creek. THE CHAIRMAN: What you have given us is a survey of this lot. What we need is an over-view. It's hard to identify. Where does your property start? (There was a general discussion of the survey). Southold ToRn Board of Appeals -19- April 8, 1976 THE CHAIRMAN: This application will have to go to the County and to D.E.C. and to the Planning Board. What I would suggest, and I have talked to the Town A~torney, is that this hearing be recessed until you get a survey of all your property so we know what we are talking about when we divide. The County is involved when property is within 500 feet of the water. FiR. TOOKER: We are only dividing into two. THE CHAIRMAN: They are particularly involved in this type of situation. MR. TOOKER: We are not going to build anything, we are not going to dig a hole, we are not going to change anything. THE CHAIRMAN: But you are creating a lot so you would have to go to the County Planning Commission and you will have to furnish us with a survey of all your property out here and the road relationship. We will have to know what the access is; it is not shown on anything we have here. We simply can not act on this without sending it to the County, D.E.C., and the Southold Town Planning Board. MR. TOOKER: We are not going to build anything. THE CHAIRMAN: But you do want to subdivide the property. · MR. WICKHAM: It doesn't face on the water. THE CHAIRMAN: It's within 500 feet. MR. TOOKER: This property has always been used this way. The road, for thirtyfour years, has been in that location. THE CHAIRMAN: How many bungalows do you own? MR. WICKHAM: Eight. THE CHAIRMAN: You may as well get a survey now. You have given us a survey of part of your property. We are concerned that you are taking a small piece out of a large piece. MR. TOOKER: You would like to recess this, and you would like to see a map of what Mr. Wickham owns. You are only interested in what is contiguous. THE CHAIRMAN: I think the Planning Board would be interested in all the lots he owns. I think you are go-lng to have to furnish as much acreage as you can with each lot. Southold Town Board of Appeals -20- April 8, 1976 ROBERT TOOKER, ESQ.: The reason we are here is that we are not creating anything new. We are not getting permission to build a porch or a platform; we just want the sanction of the Town to s~y that these are all separate houses and that we can have that house on that piece of land. THE CHAIRMAN: What will you do with the land left over? MR. WICKHAM: These are all separate lots, they have been lots for fifty years. The only reason they are divided up is because of the tax map. THE CHAIRMAN: You will have to get a survey showing the whole layout. Otherwise, I am sure the Suffolk County Planning Commission would not know how to act on this. I think you will have to furnish us with the information we are asking for. You want us to divide a small piece, 7,007 sq. ft. out of 113 acres. It's only divided on the tax map. MR. TOOKER: These properties have been utilized as separate properties. THE CHAIRMAN: We can't divide out a piece leaving the remaining piece. MR. TOOKER: We are saying this is a piece of %and with a certain number of dwellings on it and we want to divide it into eight pieces. The problem is to take this piece and locate the traveled road and perimeter. A survey is expensive and when it is done, what we have is a picture of what is there now. Usually when people come to you they want to do something new, they want to add or improve. We just want you to draw the line where the use is for this house and that house. You are talking about going to the Planning Board and the Suffolk County Planning Commission. When we get all through, we will have exactly what we have today. We won!t have built a new house or a new well. We will have exactly what we have today. We have taken the piece that belongs to us and there is a house on this piece of land. THE CHAIRMAN: You are dividing a piece of property out of a larger piece of property. We don't see the whole property on one sheet of paper. MR. WICKHAM: Other people own property in between. THE CHAIRMAN: Do you own this property here, across the road? It is not defined. MR. TOOKER: It's a traveled road. Southold Town Board of Appeals -21- April 8, 1976 THE CHAIRMAN: Who owns this road. MR. J. PARKER WICKHAM: The fee title is owned by C. H. Wickham. MR. TOOKER: He can't build anything on it. You are saying that Mr. J. Parker Wickham has to go to the expense of a thousand dollars or so. THE CHAIRMAN: I am required to submit this to the Suffolk County Planning Commission and I know they will require more information than this. MR. TOOKER: If Mr. Wickham is put to this expense, and after everything is completed, he will be able to do exactly what he has done for thirty-five years. These people have been there for thirty-five years. THE CHAIRMAN: I assume that you have not conveyed any property. MR. WICKHAM: Other pieces have been sold. The Penny piece was sold. MR. TOOKER: We suggest that the division line between the properties is the road. The reason we are here is to get Town acknowledgment that this is a road here~this is a piece of property, etc. THE CHAIRMAN: I suggest that we recess the hearing and you can try going to the Suffolk County Planning Commission for their views. MR. TOOKER: We can~find out whether D.E.C. is interested, and whether the Health Department is interested. MR. WICKHAM: What if we find out that the Suffolk County Planning Commission is not interested in this? THE CHAIRMAN: to their approval. more information~ Theoretically, we act on appeals subject In this case, I am sure they would want THE CHAIRMAN: You own the road. MR. WICKHAM: Yes, but there are two houses right on the road. THE CHAIRMAN: I think they will want to establish the road.., where it goes to. (referring %o map) Who owns this property? MR. TOOKER: Ross owns it. Southold Town Board of Appeals -22- April 8, 1976 THE CHAIRMAN: This is meaningless - C. H. Wickham Estate - are you the owner? MR. J. PARKER WICKHAM: It's being deeded to me. MR. TOOKER: The reason Ross wants to acquire this is so his family can~use it. THE CHAIRMAN: The.road has never been defined. We will send the material we have to the Suffolk County Planning Commission, and perhaps you can see the Southold Town Planning Board and D.E.C. and come back to us. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that hearing on Appeal No. 2114, J. Parker Wickham, be recessed to 7:45 P.M. (E.D.S.T.) , April 29, 1976. The Board will send copies of application, maps, etc. to the Suffolk County Planning Commission, and suggests that applicant make an appointment with the Southold Town Planning Board and the Department of Environmental Conser- vation. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that a special meeting of the Board of Appeals be held on April 16, 1976 at 12:00 o'clock Noon, at the Town Office, Main Road, Southold, New York for the purpose of reviewing appeals to be heard on April 29, 1976. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold T own Board of Appeals set 7:30 P.M. (E.D.S.To) , Thursday, April 29, 1976 as the time; and place of hearing shall be Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: GiIlispie, Grigonis, Hulse, Doyen. Southold Town Board of Appeals -23- April 8, 1976 On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the display of posters and banners for the Bi-centennial Parade, from Laurel to Greenport, be approved, subject to the following conditions: That the posters and banners may be displayed two weeks before the event and shall be taken down one week after the event. No banners shall be allowed to cross any highways~ Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. Five (5) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals set 8:00 P.M. (E.D.S.T.), Thursday, April 29, 1976 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Duncan K. and Charlotte B. Haldane- George Ahlers Builder, Inc., 250 Cox Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to construct rear porch which will leave insufficient side yard. Location of property: west side of Gillette Drive, East Marion, New York, Lot 17, Marion Manor. Vote of the Board: Ayes:- Messrs-: Gillispie, Griggnis; Hulse, Doyen. On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED that the Southotd Town Board of Appeals set 8:15 P.M. (E.D.S.T.), Thursday, April 29, 1976 at the Town Office, Main Road, Southold, New York as the time and place Southold Town Board of Appeals -24- April 8, 1976 of hearing upon application of Margaret Dellanno, North Road & 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 insufficient 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. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse, Doyen. The meeting was adjourned at 11:00 P.M. Robert W. Gillispie, Jr., Chairman