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HomeMy WebLinkAboutZBA-02/05/1976 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., ChaTrman Robert Bergen Charles Grigoni% .Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 765-2~5~0 MINUTES Southold Town Board of Appeals February 5, 1976 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, February 5, 1976, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Gri~onis, Jr. Also present: Sherley Katz and John Rather of the Long Island Traveler-Mattituck Watchman. 7:30 P.M. (E.S.T.) Appeal No. 2095, Angelo & Joan Accardo, 54 March ~o~rt, Selden, New York~ A public hearing was held on this appeal on January 15, 1976. The location of the property involved is Wabasso Street & HiaWatha'.s Path, Southotd. A decision was postponed until tonight's meeting as Mr. Accardo was not present on January l~th and the Bo'a~rd n~eded further information regarding the division of property. THE CHAIRMAN: Is Mr. Accardo here? MR. ANGELO ACCARDO: Yes. THE CHAIRMAN: The Board is in general agreement with what you want to do but would like to know how you wish to divide this property. The Board is willing to gO along with two lots but not with three lots. How do you wish to divide this property? Southold Town Board of Appeals -2- February 5, 1976 (The Board and Mr. Accardo examined the map.) MR. ACCARDO: Is there any reason why we can't have three lots? (Mr. Accardo indicated he would accept two lots). THE CHAIRMAN: A final decision nas not been made yet but the reasoning of the Board is tha~ these lots were created by Mr. C. H. Wickham a good manynyears zoning. Some have been combined into some left in three lots. In the meant studies of water and sewage, etc. and has been modified at least twice. Thc calls for 40,000 sq. ft. lots. The cc was that an equitable division would into two. The reason we did not make on January 15th was that you were not ago without regard to one or more lots and ime, the Town has made the zoning ordinance zoning ordinance now nclusion of the Board e to divide three a decision at the hearing here to help us. After investigation and inspecticn the Board finds that applicant requests permission to divid width and area located at Wabasso Str~ Southold, New York. The findings of t equitable division of this property wc 36 and 37 to make one new lot, and Lot making a total of two lots. The Boas e property with insufficient et & Hiawatha's Path, he Board are that an uld be to combine Lots 24 will be a separate lot; d agrees with the reasoning of the applicant subject to the property being divided into two lots rather than three lots. The Board finds that strict application of the Ordinance would produce practical difficulties qr unnecessary hardship; the hardship created is unique and would mot he shared by all properties alike in the immediate vicinity of this property and in the same use district; and the~ariance will not change the character of the neighborhood, andwill observe the spirit of the Ordinance. On motion by Mro Grigonis, seconded by Mr. Hulse, it was RESOLVED, Angeto & Joan Accardo{ 54 March Court, Selden, New York, be Gl{ANTED permission t© divide p~0Perty into two lots (Lots 36 and 37 to be combined as one new lot, and Lot 24 to be a separate lot). This approval shall become effective subject to applicant furnishing the Board with a survey des- cribing the exact location of these lots. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals February 5, 1976 PUBLIC HEARING: Appeal No. 2097 - 7:45 P.M. (E.S.T.), upon application of R. G. Terry, Jr., Esq. a/c John & Dinka Anticev, 1115 - 74th Street, Brooklyn, N. Yo for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: W/S Gagen's Landing Road, Southold, bounded on the north by Bogovic; east by Gagen's Landing Road; south by Butkovlch; west by Radich, Bogovic, Fisher. 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 indicating notification by certified mail from the Town Clerk. The follow- ing people were notified: Mr. and Mrs. Peter Bogovich, Oaklawn Avenue, Southold; Mr. and Mrs. Mario Damaddio, Gagen's Landing Road, Southold; Mr. and Mrs. John J. Fisher, Oaklawn Avenue, Southold, N. Y. THE CHAIRMAN: The application ia accompanied by a sketch indicating oWnership on Gagen's Landing Road. The adjacent owner to the west is on a 100 foot Parcel. The same situation exists across the road. A Van Tuyl survey of December 7, 1967 shows the parCel we are talking about is 100 feet on the west, 125 feet on the north side, 131 feet on t~e south side, and 100 feet on Gagen's Landing Roa~. It is slightly irregular. Is there anyone present who wishes to speak fo~ this application? R. G. TERRY, JR., ESQ.: I appear on behalf of John and Dinka Anticev. The property was previously owned by John H. and Mary Harabaglia. At the time of purchase I believe it was a valid building lot and through some oversight it was not supported. By changing the Ordinance, it became merged with the adjacent property which he subsequently sold. It had a house on it. We assume that this was~a valid building lot, the same size as other proPerties in~ the vicinity. THE CHAIRMAN: Lots in the vicinity are generally one quarter acre in size. MR. TERRY: Originally they were the approved ~size accord- ing to the Zoning Ordinancem ~earnestly solicit your favorable consideration. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MRS. JOHN J. FISHER, 0aklawn Avenue: How come they excavated the foundation to~i~Y? Southold Town Board of Appeals -4- February 5, 1976 THE C~LAIRMAN: This Board does not sit in judgment on errors. We try to. adjudicate. Enforcement powers lie with the Building Inspector. People do things that we are not aware of. MRS. FISHER: People put h~uses on lots that are 40 feet wide. THE CHAIRMAN: After water surveys we discovered that there would not be enough water in the Town if people were able to develop one quarter acre lots. Our first impetus was from the Board of Healtk. People don't want to enlarge lots and they don't want to buy lots that are too large. Our Ordinance ~now stipulates 40,000 sq. ft. Southold has been here for over 300 years and we have 30 foot lots, 40 foot lots, 75 foot lots, etc. MRS. FISHER: What size is the house he is putting up? THE CHAIRMAN: We don't know° M~ybe he does not plan put up a house at all. If you want to question Mr. Terry, the Building Inspector, he may be able to give you more in- formation than we can. to R. G. TERRY, ESQ.: This excavation is new to me. MRS. FISHER: They came at a quarter past three this afternoon. MR. TERRY: They should not have been there. THE CHAIRMAN: Let's hope they ditdn't dig in the wrong place. Technically, they should have waited ~tit they had a Building Permit. We are not an enforcement agency. Maybe Mr. Howard Terry can tell you what the penalties are. R. G. TERRY, JR., ESQ.: This wo~ld be a matter for the Building Inspector to determine. Assuaging you approve the application, it would ben,is jurisdiction as to ~hether they could get a Building Permit or not. I believe your house, Mrs. Fisher, is on a 100' x 125' lot. MRS. FISHER: Yes. MR.' TERRY: They are all the same size in that area so I think it is reasonable to assume it will be a house on a similar size plot. THE CHAIRMAN: Mrs. Fisher would like to know what we can do to punish the offenders. Southold Town Board of Appeals -5- February 5, 1976 MR. TERRY: I think the Building Inspector is the man who would make the decision. THE CHAIRMAN: You would have to sign a complaint. MRS. FISHER: These people just go ahead and do what they want to do. MR. TERRY: I am sure this was not Mr. Anticev, I am sure it was the builder. THE CHAIRMAN: Where is the builder from? MRS. FISHER: I believe he is from Mattituck. THE CHAIRMAN: Why don't you come in and see Mr. Terry in the morning? THE CHAIRMAN: Is there anyone else who wishes to speak against this application? (Th~re was no response.) ~tion and inspection the Board finds that applicant ,ermission to divi~e property' with in- sufficient W~dth and area located on the west side of Gagen's Landing ROad, Southold. The findings of ~the~ Board are that the propose~ dwelling would be on a 10t similar] in size to all other lots in the immediate vicinity. Premises were pur~_~d by applicant's predecessor in title as a single and separate lot in 1967 immediately'adjacent to a similar sized~ parcel on which applicant'S predecessor h~ previously built hils home. At that time the siz~ of the lots ¢o~formed t6 the zoning ordinance. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical dlff~cu!tles or unnecessary hardship, the hardship c~eated is unique and would not be shared by all properties alike ~n the immediate vicinity of this property and in the same use d~strict; and the variance will not change ~he character of the neighborhood, and will observe the spirit of the Ordinance. Southold Town Board of Appeals -6- February 5, 1976 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, R. G. Terry, Jr., Esq. a/c John and Dinka Anticev, 1115 - 74th Street, Brooklyn, N. Y., be GRANTED permission to divide property with insufficient width and area, located on the W/S Gagen's Landing Road, Southold, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2096 - 8:00 P.M. (E.S.T.) upon application of Michael Fronimakis, 817 - 5~rd S~reet, B~ooklyn, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area (with existing dwelling). Location of property: North Road, Southold, bounded on the north by A. McGunnigle; east by Lighthouse Road; south by North Road; west by A. McGunnigle. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hear~ng~ affidavits attesting to its publication in the official newspapers of the Town~ and notice to the applicant. The Chairman also read notification ~ certified mail to Agnes D. McGunnigle. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated November 5, 1975. The proposal is to divide 2.693 acres into three lots, all of which are slightly irregular. One of the three lots will be 37,305 sq. ft. instead of 40,000 sq. ft. The 37,305 sq. ft. lot will have the original dwelling house on it. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WALTER GEORGE KAPP, ESQ.: I would appreciate it if you would forward your decision to me. I have very little to add to this except that I should probably have brought with me a letter from the Planning Board approving the minor sub- division contingent upon the approval of the Appeals Board. The application pretty much speaks for itself. Southold Town Board of Appeals -7- February 5, 1976 THE CHAIRMAN: Is there anyone p~esent who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to divi~e property and set off lot with insufficient area (with existing dwelling). The findings of the Board are that each of the lots will have 150 feet or more on the road. The Board finds that the proposed division of property will not significantly add to density. 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. Bergen, it was RESOLVED, Michael Fronimakis, 817 - 53rd Street, Brooklyn, New York, be GRANTED permission to divide property and set off lot with insuff±c±ent area (with existing dwelling) located at North Road and Lighthouse Road, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the minutes of the Southold Town Board of AppealS dated January 15, 1976 be approved as submitted, subject to minor correction. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board Of Appeals -8- February 5, 1976 PUBLIC HEARING: Appeal No. 209~ - 8:15 P.M. (E.S.T.) upon application of Craig A. Richter a/c William Jacob, North Road, Greenport, New York for ~ variance in accord- ance with the Zoning Ordinance, ArtiCle III, Section 100-30 and Bulk Schedule for permission to occupy proposed dwelling unit in existing building. Location of property: CR27 & McCann Lane, Greenport, bounded on the north by Eastern Shores Subdivision; east by Walter F. Sledjeski; south by North Road; west by Eastern Shores and William Jacob. Fee paid $15.00. The Chairman opened the hearing b.y reading the applica- tion for a variance, legal notice Of hearing, affidavits attesting to its publication in the qfficial newspapers, and notice to the applicant. The Chairman also read ie%ter from the Town Clerk stating that Walter S~edjeski and Catherine Whelan had been notified by certified mail of the request for a variance. THE CHAIRMAN: On the William J%cobs portion of the property a barn exists, pre-dating t~e ~Ordinance, in which there has always been a caretaker's ~partment... later, it was converted to a guest apartment. The premises consist of 2.3 acres. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. CRAIG A. RICHTER: Mr. William Jacob. There is not much have stated. I think it has all the backs and distances from other buildi existing building. The exterior of be altered in any respect. I think i We will put in shrubs and dress Up th I am speaking in behalf of I can add to what you requirements for set~ ngs. It is in an he building will not t will enhance the area. e barn. THE CHAIRMAN: Is this bordering on McCann Lane? MR. RICHTER: Yes. Also with the parcel isa piece that he purchased after he purchased the main house. It was purchased three years later. MR. ROBERT BERGEN: Was that added to the acres? MR. RICHTER: It was originally 2.15 acres but was in- creased by one quarter acre. (referring to survey) ~This is the drainage area. That is a Town drainage area. Southold Town Board of Appeals -9- February 5, 1976 THE CHAIRMAN: This application was disapproved by the Building Inspector on the following grounds: "This will be third dwelling unit (2'in one building) on.residential build- ing lot". ~The Eastern Shores develOpment occurred at the time When it was legal to have 12,506 sq. ft. lots so this area is surrounded by quarter acre l~ts. It is proposed to increase the number of dwelling unity to three and it is planned to convert one end of existing barn to dwelling unit. THE CHAIRMAN: Are there any other questions? MR. ROBERT BERGEN: Is it just for summer use? MR. RICHTER: That's all they plan to use it for. They go to Florida in the winter. THE CHAIRMAN: We would want to assure that there is enough land to go with the barn and we would suggest that this barn shall not be sold with less than an acre of land. 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 occupy proposed dwelling unit in existing building at CR27 A McCan~ Lane, Greenport. The findings of the Board are that Eastern Shores development was started at a time when it was leqal to have 12,500 sq. ft. lots so Ghat this area is surrounded by one quarter acre lots. It is proposed to have three ~welling units on 2.3 acres by converting one end of existing barn to dwelling unit. The Board agrees with the reasoning of the applicant. The ~Qard finds that strict application of the Ordinance would p~%Ce practical difficulties /or unnecessary hardship; the'hardShip created is unique and wduld not be Sh~red by all properties alike in the immediate Vicinity of this property and in' %~'same use district; and the varianc~ will not change ~ Character of the ~eighbor~ood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Craig A. Richter a/c William Jacob, North Road, Greenport, New York, be GRANTED permission to occupy proposed dwelling unit in existing building located at CR 27 & McCann Lane, Greenport , as applied for, subject to the following conditions: .Southold Town Board of Appeals -10- February 5, 1976 That the barn which is to be converted shall not be sold or disposed of in the future with less than an acre of land, 43,560 sq. ft. 2. Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Giltispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2099 8:30 P.M. (E.S.T.) upon application of Kenneth & Susan Lange, 1887 Newfield Avenue, Stamford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30 and Bulk Schedule for permission to set off lots with insufficient area. Location of property: Private Roads: East Lane, North Lane and South Lane, East Marion, N. Y., bounded on the north by North Lane-Thorp; east by McCue-Senko; south by South Lane~ Gardiners Bay; west by East Lane-Zwanzlger. 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 notice of certification to: Mr. and Mrs. John J. Senko, Jr.; Mr. & Mrs. Frank R. McCue; Mr. and Mrs. George Zwanziger. THE CHAIRMAN: A survey describing the property is dated December 12, 1975 and indicates that Lot No. 1 is on Marion Lake and consists of .42 acres~ Lot No. 2 consists of .42~acres and is irregular in shape. Lot No. 3 consists of .41 acres and has 105 feet on East Lane. South Lane provides access to Lot No. 4 which consists of .62 acres. LThis lot is bulkheaded on Gardiners Bay and the tie line shows as being 120.37 feet. THE CHAIRMAN: Is there anyone present who wishes to speak for this a~lication? MR. KENNETH LANGE: I am the applicant. Most of the surrounding ~ots haVe dwellings on smaller than a third of an acre. The prior owner purchased a couple of pieces of property from Thorp and Edwards. He purchased this piece on East Lane. Southold Town Board of Appeals -11- February 5, 1976 We are proposing to add to the area of these three lots which will have access on East Lane, and to the beach, through the Association. It's Old Orchard Subdivision. (referring to map) This was a little piece of Edwards property here.., the prior owner bought this and this, and added to this. We are proposing to increase these three. THE CHAIRMAN: The original Edwards place was very narrow. MR. LANGE: We are proposing to keep our access from South Lane and not to use this access on Huckleberry Lane. THE CHAIRMAN: So, the prior owner combined this extra piece of property and you bought the whole thing. MR. LANGE: Yes. THE CHAIRMAN: This is sort of a dual arrangement as far as the Town of Southold is concerned. It is up to this Board to approve or disapprove undersized lots, and it will have to go to the Planning Board also. It~ is not clear in the Ordinance which Board comes first in this type of application. The Planning Board is responsible f0r the planning of subdivisions. This Board used to handle less than five lots but we don't do that any more. The Planning Board handles anything more than two lots. We will be glad to take all the testimony we can and then recess until the Planning Board has seen it. It will also have to go to the Suffolk County Planning Commission and the Department of Environmental Conservation. You Will need their approval. The Suffolk County Planning Commission is involved with any subdivision within 500 feet of the water, and our Planning Board is involved with subdivisions of more than two lots. Also, the Department of Environmental Conser- vation would be involved with this. They do not usually disapprove if the property is on high land. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. J. SENKO: I am an adjoining owner on the Bay Avenue side. This is a luxury piece of property. If this is ~.~ardship the applicant should not come from connecticut to buy it in order to subdivide it into lots ~of less than a half acre. We have one acre zoning here. Southold Town Board of Appeals -12- February 5, 1976 THE CHAIRMAN: lot? (addressing Mr. Senko) Where is your MR. SENKO: On the east side. I was wondering what Mr. Lange had in mind in regard to beach rights. THE CHAIRMAN: I don't know. Probably that would be a selling point. MR. LANGE: We have no intention of giving beach rights. We are going to live here. THE CHAIRMAN: These lots were originallY zoned for one quarter acre or less. MR. RALPH WENK: I am wondering if there will be enough water. The Chairman read the following letter from Loretta and Frank R. McCue: "Regarding the property which is the subject of the petition, adjacent to our property, and described as follows: west by East Lane~and Zwanziger; north by Thorp and Marion Lake; east by McCue & Senko; south by South Lane & Gardiners Bay. As the owners of the adjacent property We would be opposed to the request to divide the unused portion of the property into three building lots as it is opposed to the present building code. Thank you for your consideration." MR. WENK: If they got permission to build three houses, which road is going to be used~ MR. LANGE: East Lane. THE CHAIRMAN: The Board feels it would be advisable that Huckleberry Lane shall ~_~ be cut off.., all access shall be from East Lane. Are there any other questions? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that this hearing on Appeal No. ~099, Kenneth & Susan Lange, 1887 Newfield Avenue, Stamlford, Connecticut, shall be recessed until 7:30 P.M. (E.S.T.), March 18, 1976 to allow time for applicant to seek Southold Town Planning Board and Department of Environmental Conservation approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold T own Board of Appeals -13- February 5, 1976 PUBLIC HEARING: Appeal No. 2100 - 8:45 P.M. (E.S.T.) upon application of Philip J. Ofrias, Jr., Esq. a/c Julius Zebroski, Bayview Road, Southold, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 for permission to use undersized lots. Location of property: North side of Bayview Road and west side of Waterview Drive, SOuthold, bounded on the north by J. D'Alias; east by Waterview Drive; south by Main Bayview Road; west by H. Henry & Creek. 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 by certified mail to Mr. and Mrs. Santo D'Alia and to Mr. Harry Henry. THE CHAIRMAN: In the file there is a copy of a contract between Julius Zebroski and Frank E. McGrory and Carolyn C. McGrory dated October 22, 1965; and a copy of contract between Julius Zebroski and Harry & Evelyn Bergstein dated June 25, 1965. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? PHILIP J. OFRIAS, JR., ESQ.: I am here to speak in behalf of Mr. Julius Zebroski. (Mr. Julius Zebroski was also present). THE CHAIRMAN: Is this an unusual way to convey property? MR. OFRIAS: I have never done it and I doubt if it is done today. MR. FRED HULSE, JR.: Years ago it was a common practice. MR. OFRIAS: He had two contracts, one for Lot B and the other for Lot C. This was in 1965. They were to pay in quarterly installments for ten years. They have both done this and now they want their Deeds. THE CHAIRMAN: Has he sold more lots? MR. OFRIAS: They are the only lots he has sold. These two people are coming to claim these two lots. One of them is talking about a law suit. THE CHAIRMAN: ~.T~is might be regarded as an occasional sale but now ~e~. you have to be involved with the Department of Environmental Conservation and you will also have to see the Southold Town Planning Board. I feel sympathy for the people who bought these lots. Southold To~n Board O~ February 5, 1976 MR. JULIUS ZEBROSKI: There have been a lot of problems during the last few years. MR. OFRIAS: This canal is not there. The contract calls for Mr. Zebroski to put a canal in at the rear of the lots. At the time the contract was entered into everything could have been done. Today, with D.E.C., it is a big problem. THE CHAIRMAN: There is an item in the cOntract which says "Said premises are sold and are to be conveyed subject to: Zoning regulations and ordinances of the city, town, or village in which the premises lie which are not vi6~lated by existing structures, providing property satisfies zoning requirements." You can't really give them a Deed without going to all these Boards. This is the first Board. Can you buy the lots back from them? MR. OFRIAS: It is really a shame. I don't think they will take their money and go away. MR. ZEBROSKI: At that time there was nothing against digging a canal. Ten years ago you did not have to have any permits. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.). THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: I would say that the applicant has a number of other requirements to meet in addition to the size of the lot which we might act on here. Are these people expecting you to furnish a canal? the MR. OFRIAS: He has to do what he can to compl~y to of the contract. If the necessary approvals can not be obtained he might be relieved from the terms of the contract. He can't tell the people he can't do it until he tries. THE CHAIRMAN: There was salt water intrusion in East Marion wells after a canal was dug. MR. ZEBRO~: The canal would flow into Goose Bay. It would be a 700 foot long canal. MR. OFRIAS: At one time it would not have been a difficult thin9 to comply with. Southold Town Board of Appeals -15- February 5, 1976 MR. JULIUS ZEBROSKI: They saved a little money by doing this by contract instead of by mortgage. THE CHAIRMAN: I think you will have to have a survey. MR. OFRIAS: This is how the property was sold. I will get a survey of the entire parcel, about three and a half acres. THE CHAIRMAN: Also, I believe D.E.C. would be involved with a canal. Perhaps Mr. Zebroski can give them their money back with interest. MR. ZEBROSKI: So many difficulties have come up within the last few years. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that this hearing on Appeal No. 2100, Philip J. Ofrias, Jr., Esq. a/c Julius Zebroski, Bayview ROad, Southold, New York shall be recessed until 7:45 P.M. (E.S.T.) March 18, 1976 to allow time for applicant to seek Southold Town Planning Board and Department of Environmental Conservation approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2101 - 8:55 P.M. (E.S.T.) upon ~plication of Freddy J. Schwonik a/c Joseph S. Connelly, 786 CirCle Avenue, Franklin Lakes, New Jersey for a variance in accOrdance with the ~oning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition With insufficient side yardf Location of property: Peconic Bay Blvd., Laurel, bounded on the north by Great Peconic Bay Blvd.; east by Brisotti; south b y Delileo; west by J. Connelly. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attest- ing to its publication in the official newspapers, and notice to the applicant. The Chairman also read notification by certified mail to Albert A. Brisotti, Peconic Bay Blvd., Laurel, New York. THE CHAIRMAN: The proposal is t.o add an 8' x 15'5" addition to a one story framed house which is located on a private right of way and has two front yards. ~he addition is to be placed in the side yard. The house which was built pr~i~r to the zoning ordinance is, in other respects, too close Southold Town Board of Appeals -16- February 5, 1976 to an adjoining property linde... 7.5' in one instance, and 3.8' in anotker. It looks a~f this addition would be eight feet or ten feet from th~ side yard line. A photo- stat of the County tax map indicates that this property is in the middle of undersized lots. Adjoining this property is an 84' 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 construct addition with insufficient side yard located at Peconic Bay Boulevard, Laurel, New York. The findings of the Board are that applicant, by making this addition, will not decrease the side yard as much as the rear yard has already been decreased. This house was built prior to the establishment of the Zoning Ordinance. The.Board agrees with the reasoning of the applicant. There are many undersized lots in the vicinity. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Joseph S. Connelly, 786 Circle Avenue, Franklin Lakes, New Jersey, be GRANTED permission to construct addition with insufficient side yard located at Peconic Bay Blvd., Laurel, New York, as applied for, subject to the following condition: That no further diminution of side yard or rear yard areas shall be granted. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Griqonis, Hulse. Southold Town Board of Appeals -17- February 5, 1976 On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals shall be held on February 26t 1976 at the Town Office, Main Road, Southold, New York. The Board also sets March 18, 1976 for a regular meeting to be held at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. There were five (5) Sign Renewals reviewed and approved as ~b~itted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set7:30 P.M. (E.S.T.), February 26, 1976, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon applica- tion of Elizabeth A. Whalen, R.D. 3, Division Street, Ballston Lake, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Oak Drive, Broadwater Drive, Mason Drive, Cutchogue, NeW York, bounded on the north by Oak Drive; east by Broadwater Drive; south by Mason Drive; west by Barreto & Others. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appsals set 7:45 P.M. (E.S~T.), February 26, 1976, ak the Town ~f~6e, Main Road, Southold, New York as the time and place of,hearing upon a~ii- cation of Fred Helf, Bray Avenue, Mattituck, New York for a variance in accordan-ce with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. ~ocation of property~ S/S Sound Avenue & E/S Walnut Place, Mattituck, N. Y., bounded on the north by Sound Avenue and now or formerly Coutts; east by now or formerly Coutts & Walnut Place; south by now or formerly W. & A. Corwin; west by now or formerly W. & A. Cor~win, now or formerly L. Yarrusso & others. Southold Town Board of Appeals -18- February 5, 1976 The meeting was adjourned at 10:00 P.M. Respectfully submitted, Ma~j oi~ie McDermott Secretary APPROVED / Robert W. Gillispie, Jr., Chairman