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HomeMy WebLinkAboutZBA-04/08/1977 APPEAL BOARD MEMBERS Robert W. Gillispie, .Jr., Chairman Robert Ber~]en Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. llCJ'71 Telephone 765-9660 ~4 I N U T E S Seuthold Town Board of Appeals April 8, 1977 A special meeting of the Southold Town Board of Appeals was held at 11:00 A.Mo (E.S.T.), Friday, April 8~ 1977, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Fred Hulse, Jr.; Charles Grigonis, Jr. The meeting was called by-the Chairman for the purpose of reviewing applications which have been received by the Board since the March 31, 1977, meeting at which time two (2) appli- ca%ions~were reviewed and approved for hearing on April 21, 1977. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set the following times on Thursday, April 21, 1977,~at the Town Office, Main Road, Southold, New York as the time and place of hearing upon the following applications: 8:50 P.M. - Robert Adipietro; Appeal No. 2262. 9:00 P.M. -Rhoda Weston; Appeal No. 2261. 9il0 P.M. - Theodore Andruski; Appeal No. 2263. 9t20 P.M. - Carol and John Plock, Jr.; Appeal No. 2264. 9:30 P.M. - Spencer W. Petty, III; Appeal No. 2260. 9:45 P.M. - ~eorge Foster; Appeal No. 2265. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Hulse. The meeting was adjourned at 11:45.~.M. (E.S.T.). APPEAL BOARD MEMBEI~S Robert V~. Gillispie, Jr., Chairm~n RoI0¢rt Bergen C~harles Grifloni% Jr. Serge Doyen, ,Jr. Fred Hulse, fir. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 765-2660 MINUTES Southold Town Board of Appeals March 31, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, March 31, 1977, '~'t the Town Office, Main Road, Southold, New York. There were .pre~ent: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 2257 - 7:35 P.M. (E.S.T.) upon application of Gordon K. Ah~ers, P.E. a/c Jack J. Levin, North Road, Greenport, New York for a variance in accordance with the. Zoning Ordinance, Article III, Section 100-30 for per- mission to make an accessory business use of Residential- Agricultural land (parking and sewage disposal.) Location of property: South side North Road (CR27), Greenport, New York, bounded on the north by CR27; east by Doucett, DeSanctis, and Chapel La~e; south by LILCO, Ciacia Est. and Rempe; west by now or formerly Geduldig and Sledjeski. · he Chairman opened the hearing by reading the application for a variancer legal notice of hearing, affidavits attesting to its ~ublication in the official newspapers, and notice to the ~pplicant. The Chairman also read statement from the Town Clerk that ~otification by certified mail had been made to: James H. Gamblin; Matilda DeSanctis; Samuel Ciacia Est; Long Island Lighting Co.; Albert Sledjeski Est.; Manor Grove Corp~; Countywide Manage- ment Associates, Inc. Fee paid - $15.00. T~E C~IAIRMAN: Is there anyone present who wishes to speak for this application? GORDON K. AHL~S: I would like to speak for this requested variance as the ~easons for it, which you read, denote. We plan to extend the Sou~vi~ Restaurant because of the necessity of providinq facilities fo~ the people of the North Fork and in so doing we are required to have additional parking space which will total, between the e~ing and the ~ew, approximately 112 spaces. APPROVED Chairman Boa[d of Api~als .... $outhold Town Board of Appeals -2- March 31, 1977 This parking space is between the existing parking space and the present tennis courts on the south side of County Road 27. THE CHAIRMAN: How many new parking spaces will there be? GORDON K. AHLERS: There will be a total of 61 new spaces. THE CHAIRMAN: 61 new, that means there were 51 old? GORDON K. AHLERS: That's correct. That doesn't include any of the parking in front of the present restaurant. This land is owned by Mr. Levin and in the request for the Utilization of this land, we are also correcting existing Sewage disposal conditions which are not very go6d beaause the sewage is on that side of the road and it's discharging into the soil on that side of the rQad and gets into the Sound rather quickly. If we are allowed to use this property, we ha~e permission from the Suffolk County Depart- ment of Public Works and Greenport Utilities and the Long Island Lighting Company to come under the road with a force main from the pumping station into the new sewage disposal system, all of which will be directly under this paved area where we request the use of the land for parking. THE CHAIRMAN: Can I ask you a question? If this field doesn't work, hopefully it will, but that woUld mean he would have to tear up the blacktop to get at the field, right? -GORDON K. AHLERS: Not necessarily, we have a number of man- ho~e covers which ... THE CHAIRMAN: You can handle it from there? GORDON K. AHLERS: Yes. THE CHAIRMAN: Because one of the things that I was turning around in my mind was that there's quite a little land here, 37 acres, and some of it was commzt~ed to a golf course which may never be built, right? JACK J. LEVIN: Yes, it will be as soon as it is feasible. THE CHAIRMAN: You have no other plans for this area? JACK J. LEVIN: This I always planned to have for a parking lot. THE CHAIRMAN: If we couldn't sequester, say, 40,000 sq. ft. initially, in case you get into a mess with the parking lot, so you could move it further out. JACK J. LEVIN: How many cesspools are going to be there? GORDON K. AHLERS: I believe there,s about 22. Southold Town Board of Appeals -3- March 31, 1977 THE CHAIRMAN: But that doesn't say they'll all work. There might be six good.ones. If you're going to have 22, that ought to be plenty. GORDON K. AHLERS: May it please the Board, these cesspools have been approved by, and the system itself has been approved by the Suffolk County Department of Health with an additional stipu- lation that you must have room for an increase of at least 50% so that if anything goes wrong, we have designed it so we can slap in additional lines and additional pools off to the side behind the existing parking lot to take care of any situation that might come up. It's designed for that. THE CHAIRMAN: That was my point. A 50% expansion? GORDON K. AHLERS: Right. That covers if anything goes wrong or we run into trouble. THE CHAIRMAN: Actually, if you haven't got any plans for that acreage immediately, if we had to use half an acre more, you could. Go ahead. GORDON K. AHLERS: In line with our request, it was a stipu- lation of the Board that we obtain, first, the approvals from.~the Department of Environmental Conservation and, secondly, from the Army Corps of Engineers. I'm happy to say that Mr. Levin will testify on the D.E.C., we sent that in on the 10th of January and I received in today's mail approval from the Army Corps of Engineers which I would like to enter as a matter of record. (Mr. Ahlers submitted to the Chairman the letter from the Army Corps of Engineers, dated March 28, 1977, stating that a Department of the Army Permit will not be required.) THE CHAIRMAN: Does that apply to this application? GORDON K. AHLERS: It applies to the whole building. THE CHAIRMAN: But the building isn't under application here. GORDON K. AHLERS: See, this was the stipulation in the letter I received, that we obtain this before we came to the Board for a variance. THE CHAIRFa%l~: So the D.E.C. is in the works ... JACK J. LEVIN: D.E.C., I got a call today f~om the secretary and she said all I do is send them the paid bills from the news- papers for running the legal notice and a copy of the legal notice. There have been no objections and the meeting was postponed, it was $outhold Town Board of Appeals March 31 ,.~t~977 going to be held in Riverhead Monday, and a permit has been issued. No, not postponed, cancelled. GORDON K. AHLERS: I have the affidavit of the posting of the notices in both papers which will go with the paid bills to D.E.C. in tomorrow morning's mail covering everything they have stipulated. THE CHAIRMAN: I wouldn't think the Crops of Engineers would be involved with this, would they? GORDON K. AHLERS: The old survey maps showed the high water line under Mr. Levin?s restaurant. I found out since then, by taking pictures and measurements, an actual survey of it, that the high water line ~s now moved out Soundwise some 15'. That made the difference. That's because of the groins there that Suffolk County put in some years ago, it built up the beach. THE CHAIRMAn: Let the record show that the Army Corps of Enginners has relinquished any control over this proposed sewage and parking lot area. The only thing they do is to caution that no construction materials or debris enter the waterway. Do you have anything else? GORDON K. AH~E~RS: Just the fact that we need this ground to take care of the parking and also, most importantly, for the elimination of the present sewage system, to get something away from the Sound and correct what we feel is bad environmental situation. Mr. Levin can report on the D.E.C. JACK J. AEVIN: I got a call this afternoon from Mr. Larkin's secretary telling me that there had been no letters of complaint and that the meeting was cancelled, and my permit would be coming forthwith as so~n as I sent them copies of the paid bills from the two newspapers and copies of the legal notice. I've done that, I paid the newspapers and gotten the copies, I'll take care of that tomorrow and probably next w~ek we'll get the written permit. Thgy said there's no objection. THE CHAIRMAN: When you have so many agencies involved, I don't know whether it's our business to check up on what D.E.C. does or Who comes first. They're trying to iron this out, the procedures that would apply to a case where there's half a dozen agencies involved, whO should make impact statements, etc. It's getting more and more involved. JACK J. LEVIN: What I want to do is strictly for, you know, the Town needs it. There's nobody going to come here if they don't have the conveniences. THE CHAIRMAN: There are a couple of other things that have come up with this project. You're going to have to move your parking directly in front of the restaurant across the street. $outhold Town Board of Appeals -5- March 31, 1977 You're going to have to move your sign, I understand. This is all going to come under another application sometime later. (The Board and Mr. Levin discussed the 16cation of the sign.) THE CHAIRMAN: You can't get into the Greenport sewage system? JACK J. LEVIN: I went through it with the engineers, it's too costly. THE CHAIRMAN: Did you talk this parking over with Howard? GORDON K. AHLERS: Yes. THE CHAIRMAN: Are there any objections to this? Anyone wish to speak against it? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. · he 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 RESOLVE~, Jack J. Levin, North Road, Greenport, New York be GRANTED permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New Y6rk, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2254 - 8:00 P.M. (E.S.T.) upon application of Nicholas W. Ippolito, 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for permission to divide property with existing buildings. Location of property: Southold Town Board of Appeals -6- March 31, 1977 South side North Road (CR27), Southold, New York, bounded on the north by CR27, east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover NaVigation Corp. The Chairman opened the hearing by reading the application for a variance, legal notice~of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Nassau Steamship Agency, Inc.; Helmut Haas. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey dated August 18, 1976 by Van Tuyl indicating that the property under discussion has approximately 24,000 sq. ft. in Parcel %1 on CR27. The adjoining piece, Parcel %2, has 11,000 sq. ft.. To the south is a 16,000 sq. ft. triangular piece which runs down to Arshamomaque Pond and runs along a 20' private road. Is there anyone present who wishes to speak for this application? GARY OLSEN~ ESQ.: I'm the attorney for the applican~ Nicholas W. Ippolito. Mr. Ippolito presently owns the entire premises involved which totals approximately 51,000 sq. ft. It's located on the south side of County Road 27, otherwise known as the North Road. What prompted this application was, he appar- ently has someone that's interested in purChasing the 12,unit motel immediately to the south of the North Road but they don't want to purchase the other units. What he would like to do is to divide the subject premises into three parcels. The first parcel, which would be facing on the North Road, would have frontage on the North Road of 258', approximately, and would have 24,000 sq. ft. That's a 12-unit motel which would have parking to the east of Carole Road. The second parcel ... THE CHAIRMAN: The parking goes with the first parcel? GARY OLSEN, ESQ.: Right. It'll be part of the 24,000 sq. ft. The second parcel is to the south of the first and that would have frontage on a private road known as CarOle Road containing approxi- mately 11,000 sq. ft. That contains an existing four-unit motel. To the south of that is proposed Parcel %3 which would contain 16,000 sq. ft~ There~ a two-unit dwelling there and that would have frontage of 199.80' on Carole Road. These are all existing buildings, the granting of the variance would not increase the density. The~e is an economic hardship for Mr. Ippolito in that it would be more economically viable for him to sell these units in separate parcels rather than as one total piece. That's the purpose of the variance. THE CHAIRMAN: Ho~ many units did you say there were? GARY OLSEN, ESQ.: 12 in the first parcel, four in the second, and two in the third. The property to the east of Carole Road Southold Town Board of Appeals -7- March 31, 1977 contains residential units, parcels that would be of similar size, probably smaller, than the parcels that would be created. This was, the property in question was originally zoned, as I understand it, Light Business. It was used for motel purposes and now has been rezoned to Agricultural-Residential. These would be a non- conforming use on that basis. THE CHAIRMAN: The property to the west, wasn't that zoned for motel use? GARY OLSEN, ESQ.: I don't know. It's vacant property now as I understand it. THE CHAIRMAN: Anybody else wish to speak for this? (There was no response.) Anyone wish to speak against it? FRED BRUCH: I myself and several other people here represent property onwers to the east. THE CHAIRMAN: On Carole Road? Which one are you in? FRED BRUCH: ~5, Carole Road. This is directly opposite the third unit, the triangular piece. THE CHAIRMAN: And your point is? FRED BRUCH: According to my understanding previously, I can't understand how this will not increase the density because at the moment, the three units are used all as motel units and are restricted to certain numbers of people per unit. Now they will become family dwellings which can have a number of more people per unit. THE CHAIRMAN: I don't think he said that. FRED BRUCH: This is what Mr. Ippolito said to me. THE CHAIRMAN: He'~ going to sell this as a four-unit family unit'on the 11,000 sq. ft. parcel and a two-unit dwelling on the 16,~007 FRED BRUCH: Yes. THE CHAIRMAN: Anyone else? FRED HRIBOK: I'm in Building #3. THE CHAIRMAN: What are the plans for these units? Southold Town Board of Appeals -8- March 31, 1977 GARY OLSEN, ESQ.: We don't want to lose the non-conforming use by the granting of this variance. We don't want to lose the non-conforming motel use that we have now. THE CHAIRMAN: Would you have any objection to a prohibition against using these for a family use? GARY OLSEN, ESQ.: I should think it would be to their advantage if we ever lose thetnon-conforming use. Now, say on Parcel ~2, we can have, there are four units for motel purposes. On Parcel 93, there are two units. THE CHAIRMAN: So you would have no objection to prohibiting these for family use? GARY OLSEN, ESQ.: Again, as I understand it, this~is presently zoned Residential. We have, in effect, an increased use of the units on Parcels 92 and 3 for motel purposes which we would not want to lose by the granting of the variance. THE CHAIRMAN: In other words, your position is that when they changed it from Business use to Residential, you think you acquired ... GARY OLSEN, ESQ.: We had a motel use at that point. I think now we are using the property on a non-conforming basis since it's now zoned Residential and not Light Business. We would not want to lose, by the granting of the variance, our motel use on all of the parcels. THE CHAIRMAN: Then you would have no objection to a clause prohibiting this for family, year-round use. It's too many for this area. GARY OLSEN, ESQ.: I think I would. THE CHAIRMAN: As far as the division of the property is concerned, I don't think the Board has any objection because it woN't increase the density, but that phrase wouldn't apply if the four unit became four family units on 11,000 sq. ft. GARY OLSEN, ESQ.: But I would not want to lose the right to use it ~s four motel units. THE CHAIRMAN: I don't think you would. FRED BRUCH: Can I ask a question? Do I understand that they'll have the right to either use it as residential or motel? THE CHAIRF~AN: That's what we're talking about. I think that the Board should prohibit for year-round family dwelling units, there just isn't enough space there. Southold Town Board of Appeals -9- March 31, 1977 FRED BRUCH: There's another point that disturbs me. Carole Road, the private road that provides access to people lower down, is owned by the individual property owners and not Mr. Ippolito. Right now, the road is a mess because of it being used by the motel. Prior to this, I really didn't know what rights I had as far as having a defined access. THE CHAIRMAN: That would be a civil matter for you to take up with the owner of the motel. That has nothing to do with this Board. GARY OLSEN, ESQ.: I don't think it has anything to do with the application. I did not represent Mr. Ippolito when he bought this property, but this is a situation that's existed for a long time. The granting of the variance is not going to change, basically, the use or the density. THE CHAIRMAN: It isn't going to affect that one way or the other, either a plus or a minus. It may be that while Mr. Ippolito didn't take care of the road, maybe the new owner will. FRED BRUCH: I'm not talking about the condition of the road, I'm talking about whether they should have access. Prior to this, the motel property being one piece, they had access by foot. Now if you subdivide, they have access over our private road which really is not part of the motel property. THE CHAIRMAN: How do you answer that? GARY OLSEN, ESQ.: As I say, I did not represent him when he purchased the property but I would assume he has access over Carole Road. THE CHAIRMAN: Are these occupied during the summer, most of them? FRED BRUCH: Yes. GARY OLSEN, ESQ.: This is a title question, I don't think it's a variance question. THE CHAIRMAN: And they come down Carole Road and drive in and you think they don't have a right to do that? FRED BRUCH: The way their property is divided ... THE CHAIRMAN: Don't you all have the right to use the road? FRED BRUCH: Yes, but we all own the total piece of the read on the east side. Thedefining line was the edge of the road on the motel side. Actually, the motel had no road. Now, they want Southold Town Board of Appeals March 31, 1977 to use this as access and subdivide it into separate residential and/or maybe motel property. The previous owner used to keep all the cars up in the parking lot and there was no traffic other than the people who lived at the lower end. THE CHAIRMAN: Well, maybe that's the way they'll have to continue it, I don't know. That's something we wouldn't be able to iron out here. FRED BRUCH: Well, will we have the privilege to look into this further before you close it? GARY OLSEN, ESQ.: I have a copy of his deed. Again, I did not represent him so I don't know the title questions but I have a copy of the deed which states, "the right to pass and repass over Carole Road and Old Cove Boulevard, 20' rights-of-way, where the same are adjacent to the above described premises." THE CHAIRMAN: Wasn't that deed from Hass? GARY OLSEN, ESQ.: This was a deed from Thomas McHale. Was he the former owner? FRED BRUCH: Yes, before that it was Hass. GARY OLSEN, ESQ.: It was subject to rights of others to pass and repass over said rights-of-ways. FRED BRUCH: It's all right for property owners but as a motel I would think this would be a different situation. GARY OLSEN~ ESQ.: Apparently he has a deeded right. Again, this is a title question and not a variance question. FRED HRIBOK: What rights would they have in relationship to the pond, water rights? THE CHAIRMAI~: That's not one of our problems, I don't know. FRED BRUCH: You're just ruling on whether it is large enough to ... THE CHAIRMAN: We're just ruling on the division of the property. FRED BRUCH: This is allowable then as far as dividing an existing piece of property which doesn,t fall under the present requirements as far as square footage? THE CHAIRMAN: It's a non-conforming use and everything in Hass' development here is non-conforming, everything is too small here according to modern standards. It was too small when we Southold Town Board of Appeals -11- March 31, 1977 put the Ordinance in, we had some terrible arguments with Hass at the beginning. FRED BRUCH: That's why you're disapproving it at the present? THE CHAIRMAN: No, anyone who wants to do something which doesn't meet the standards of the now Zoning Ordinance has to come in here and make an appeal. Of course, we're ruled by precedent, custom and so forth of the courts and it would be regarded as an appropriation of the Constitutional rights of property if we denied the man the right to divide his property. Two, it's not going to change the density and it's not going to affect the safety, health and welfare of the Town of Southold. FRED BRUCH: Can I ask a question on the density? THE CHAIRMAN: Well, this is all too dense, your place is too dense. FRED BRUCH: Mr. Ippolito came and asked if I would give approval ... it was my understanding that this front section Which is considered as 12 units, although they are very small, was to become some sort of a condominium-type operation where families would own each unit. THE CHAIRMAN: I don't think there's time enough, it takes a couple of years to run one of those off, a condominium under New York State law. Mr. Olsen can tell you. GARY OLSEN, ESQ.: We want to keep the motel usage. FRED BRUCH: It will be rented out, it will not be purchased. GARY OLSEN, ESQ.: That's my understanding. Again, he has a purchaser for i~ and I would assume it would be under the non- conforming motel usage. Anything else that he wanted to do he would have to get approval of the Town and we're not asking for that, we're just asking for the division. (The Chairman discussed a similar situation in East Marion.) THE CHAI~: Anyone else have any quE , I'll offer a resolution granting this application for and agreeing with the reasoning of the applicant. The findings of the Board are that this will not change the character:of the area, this division will not change the character of the area, and subject to a condition that the three buildings on these three pieces of prop- erty may not be used for year-round family dwelling units. In fact, the use of these properties shall remain the same as has teen.in the past for the acco~odation of transients. There's nobody there in the winter, right? Southold Town Board of Appeals March 31, 1977 GARY OLSEN, ESQ.: No. THE CHAIRMAN: One of the things we try to avoid in a situation like this is somebody making year-round use of it. GARY OLSEN, ESQ.: What about making year-round use of either the motel ... I would assume that the only thing that prohibits the year-round use is the fact that they're not winterized, I don't know, but I would assume they're not winterized. You would have no objection to the motel units being used on a year-round basis provided that they're properly heated and winterizsd for that use. It would not increase the use at all. THE 'CHAIRMAN: the density factor. acreage here? I think we'd want to prohibit it because of You take 18 families on ... what's the GARY OLSEN, ESQ.: Total3 acreage is roughly 51,000 sq. ft. What's the difference if you're letting them use it March through November if the units were winterized, I don't think the granting of this variance should prohibit a new owner or even the present owner from winterizing these units and saying, "OK, I want to have a year-round operation." That would be like What the Soundview Motel does. It's not increasing the density at all. THE CHAIRMAN: Yes, it is. The requirements as to sewage and water Would triple. FRED BRUCH: The cesspools are pretty antiquated. THE CHAIRMAN: YOU have cesspools there? BARBARA BRUCH: Yes, definitely. THE CHAIRMAN: You don't have sewage there? FRED BRUCH: No. THE CHAIRMAN: I think that clause should stay in here. FRED BRUCH: In fact, I think there is a problem in the motel. We've had the Environmental people down. THE CHAIRMAN: In other words, we'll permit the division of the property but no change in its use. GARY OLSEN, ESQ.: How about using Parcels 92 and 3 for single family residential use? THE CHAIRMAN: Yes, I think if there was one family on Parcel 92 and one family on Parcel %3 it would probably be an improvement. Southold Town Board of Appeals -13 - March 3~-, 1977 FRED BRUCH: It would be more people there because where you have two people in a unit you'll have families and visitors. THE CHAIRMAN: No, he's talking about converting them to one family use. BARBARA BRUCH: Where would they park? THE CHAIRMAN: They'd have to park in the parking lot, I guess. GARY OLSEN, ESQ.: On Parcel 93, there's plenty of parking. BARBARA BRUCH: No there isn't, because we own the road. There's room for two cars in front of it. GARY OLSEN, ESQ.: From what I can see looking at the survey, there's plenty of room of Parcel ~3. BARBARA BRUCH: No there's not, it's adjacent to us. FRED BRUCH: We will resist any parking or traffic, we'll take, you to court. THE CHAIRMAN: They have a right-of-way over the road, too. BARBARA BRUCH: No, I don't think so. THE CHAIRMAN: Well, this is not our problem. BARBARA BRUCH: Is it possible to ask for a postponement on the decision? We were never notified. THE CHAIRMAN: I don't think you"re n~eighbors. FRED BRUCH: We are adjacent on two sides to Mr. Ippolito and these other people are too. We thought this was just the first hearing and it's been going on since August. THE CHAIRMAN: This is the first time I've seen it. FRED BRUCH: If I'd known he'd had counsel, I would have brought~c~U~!~setf. BARBARA BRUCH: Mr. Ippolito came to us in October with a marvelous, marvelous petition that he wanted all of us to sign. TEE CHAIRMAN: A petition? BARBARA BRUCH: Yes. And he told us all about the people he has planned to put in his 13 units in the front, or 12. He told us about the people, his clientele. We really would like to ask Southold Town Board of Appeals -14- March 31, 1977 for a postponement until we can look into it, seriously. We're very concerned, we've been there 12 years. FRED HRIBOK: I've been there 20 years. The place has been going downhill ever since Mr. Ippolito's been there. THE CHAIRMAN: On what grounds do you wa~t this postponed? So you can detsrmine the righH-of-way? FRED BRUCH: Yes, the access. You say the density won't be increased. They're very small motel units. This is a joke about 12 units up front, you could put three of them in this room. His plan is to have a family in each one of them and they'll have visitors and you'll~i~have 150 people there instead of 32. THE CHAIRMAN: Which is all the more reason why it should be confined to seasonal use. But I don't think you can prohibit him from selling it. BARBARA BRUCH: No, he has been trying to sell it as a motel unit. THE CHAIRMAN: Your objection is, basically, you think you have rights to the road that he doesn't for Parcels #2 and 3% BARBARA BRUCH: The third parcel which is adjacent to us Which he plans to retain, at th~moment, in his own name gives access to Arshamomaque Pond, it's the only water access. But that does not prevent the first unit, eventually, from buying that third unit and then they have complete access to Arshamomaque Pond. THE CHAIRMAN: That's the way it is now. FRED BRUCH: But it's a motel and they don't have boats and so forth and now you'll have 16 people with boats. THE CHAIRMAN: What you're saying then is that these people are going to come down there for six months at a shot or three months or something like that, is that your understanding? FRED BRUCH: My understanding was that, like I said, a condominium-type operation where somebody Was going to take it over in the name of a group of people who would each haVe a unit, and we're concerned about the access. Right now, we don't think that the facilities will sustain any additional people, but that's neither' here nor there because that would have to be corrected. Then each one of these families would have access~.~to the pond and so forth and you would have many more people then you have there now with it as a motel. I can't understand how you can say it can be ssparated as a motel and still be residential, I should think it would have to be one or the other. Southold Town Board of Appeals March 31, 1977 CHARLES GRIGONIS, JR.: That's why he says it's continuing a non-conforming use now. If you leave it that "A" zone, then it opens it up to him more. FRED BRUCH: Because we would be willing to negotiate with him if he's offering it for residential but he said he wants to keep it residential but still business. You can't have your cake and eat it too. BARBARA BRUCH: We're willing to make some type of compromise. FReD BRUCH: We would like that triangular piece of property to increase our own property and privacy there and he has ne~er given us the opportunity to approach him because we don't really know what his plan is. BARBARA BRUCH: The Conservation man has been down. You see, I stay there all summer long, we live in Hampton Bays, and if you've got a couple that is more environmentally aware of what can happen in an area, the Conservation man is down there every day and he's checked things. THE CHAIRMAN: Well, I think the Board is perfectly willing to postpone the decision, but I think it's only fair to warn you that, as far as the division of the property is concerned, we'll be Willing to go ahead. But we can postpone the decision. On motion by Mr. Gillispie, seconded by .Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon application of Nicholas Wo Ippolito~ Appeal ~2254, until April 21, 1977, at 7:30 P.M. ~E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2255 - 8:35 P.M. (E~'S.T.) ~N~pon application of Leander B. Glover, Jr., Cox Lane, CUtchogue, w York (R~ch~rd Lark Esq.) 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. Location of property: east side Cox Lane, Cutchogue, New Y~rk, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by other land of applicant;, west by Cox Lane. 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 no~ice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Vincent A. Pirrone; Noble Funn; James Homan; Karl Lanzer; $outhold Town Board of Appeals -16- March 31, 1977 Cutchogue Joint Ventures. Fee paid - $15.00. THE CHAIRMAN: This is accompanied by a survey from Van Tuyl indicating that the location of the proposed lot on Cox Lane, the lot is 40,000 sq. ft., some 300+' from County Road 27, 106' on an angle on Hox Lane, and 404' in depth. Anyone present who wishes to speak for this application? DENNIS DOWNSt ESQ.: I'm an attorney from Sag Harbor, I'm appearing on behalf of Richard Lark, the attorney for the petitioner. Mr. Lark couldn't be here this evening because he's serving one week with the Air Force Reserves and he asked me to come over tonight to present Mr. Glover's case. Basically, the contention of the petitioner was set forth in the petition. He has been, as I understand, farming the balance of the prop- erty in an east-west direction. Because of the topography of the subject premises, he cannot farm it in a north-south direction because he can't get spraying and irrigation in there, so they just discontinued farming in that area for, I understand, approx- imately 10 years. THE CHAIRMAN: Does he own all the way to Middle Road, do you know? DENNIS DOWNS, ESQ.: I understand from Exhibi~ ~2 that he does own up north of the J. Homan property. He does own out to County Road 27. THE CHAIP~AN: He owns all the way then. DENNIS DOWNS, ESQ.: Right, there are some parcels along County Road 27 that he does not own as shown on Exhibit #2. The reason for reducing ... THE CHAIRMAN: These are the premises here, right? (Referring to map) Somebody else owns the property immediately adjacent to the north of the applicant. (The Board and Mr. Downs discussed the property.). DENNIS DOWNS~ ESQ.: If he were required to maintain the 150' frontage on the road you would have a lot of approximately 60~000 sq. ft. which is about 1-1/2 times more than the Ordinance provides for. THE CHAIRMAN: Unless he gave an additional 50' and then cut off some in the back, but that would create an odd parcel back here. DENNIS DOWNS, ESQ.: We were thinking in terms of, if there were a future development, we may wind up with a little piece that would be in there that would be worthless to anyone. Southold Town Board of Appeals March 31, 1977 THE CHAIRMAN: Basically, this is just an application for one parcel. DENNIS DOWNS, ESQ.: Yes, road frontage for one parcel. My understanding is that Mr. Glover intends to maintain his farming but he has an opportunity to sell this parcel. There is a contract to sell with the condition that this be approved. THE CHAIRMAN: I think the Building Inspector was mi§led, he thought there were going to be three parcels. Anything else? Anyone wish to speak against it? (There was no response.) After investigation and inspection the Board finds that the applicant requests permlssion to divide property with insufficient width, east side Cox Lane, Cutchogue, New York. The findings of the Board are that this is the most practical use of this odd strip of land which cannot be farmed with modern techniques. 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 an the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Leander B. Glover, Jr., Cox Lane, Cutchogue, New York be GRANTED permission to divide property with insufficient width, east side COx Lane, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2256 - 8:45~P.M. (E.S.T.) upon application of Warren Waldvogel a/c Carl.and Mary Boergesson, Hiawatha's Pa.th, SOuthold, New York for a Variance in accordance with the Zoning Ordinance, A~ticle III, Section I00-30 and Bulk Schedule for permission to construct additional dwelling on single lot. Location of property: West side Hiawatha's Path, Southold, New York, bounded on the north by Alesci; east by Hiawatha's Path; south by Nakomis Road; west by Burkhardt. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Pasquele Alesi~ W. Burkhardt. Fee paid $15.00. Southold Town Board of Appeals -18- March 31,._1977 THE CHAIRMAN: Is there anyone present who wishes to speak for this application? WARREN WALDVOGEL: I'm the builder and I have the contract to build a house if it's acceptable. THE CHAIRMAN: Does anyone else wish to speak for this application? MARY BOERGESSON: We're the owners. THE CHAIRMAN: Can you explain to us-what land you own? (The Board and Mr. Boergesson discussed the location of the property.) The problem here is area. We don't know what this ... you think this is about 80'? CARL BOERGESSON: This is 80' by 140' here. It goes back 110' here.~ THE CHAIRMAN: When you bought this lot, was this available or what happened here? CARL BOERGE$SON: I only got 60'. This was already sold, so this guy gave me 20' more. I've got a deed for that, two separate deeds. THE CHAIRMAN: Our problem here is square footage. This piece is about 10,500 sq. ft. in area. You've got about 13,200 sq. ft, here, which together with the 10,500 makes about 23,700 sq. ft., if that's correct, that you have 80' here. It's a little better than i thought it was, when we first looked at it, we thought it was under 20,000 for the two lots. Apparently they didn't get this on the tax map, the fact that this lot sticks out here. How did he sell this, in 20' strips? CARL BOERGESSON: No, I bought this one from Mr. Wickham with 60' and then Mr. Burkhardt sold me 20' more. CHARLES GRIGONIS, JR.: I remember he was selling small lots. MARY BOERGES$ON: Well, he was selling them for a while with 50' frontage. I think our lot is actually bigger than the one they built on just a couple of months ago next to us. I don't think Alesi's is as big as ours. THE CHAIRMAN: When did you buy this lot, at a different time? CARL BOERGESSON: Yes, 1960 something on the deed. Southold Town Board of Appeals -19- March 31, 1977 MARY BOERGESSON: Actually, all three pieces were purchased at different times. THE CHAIRMAN: Well, this lot that you propose to build on is more or less identical to the one adjoining it. Do you propose to sell this? MARY BOERGESSON: No. THE CHAIRMAN: You're going to build another house and keep both houses on your property. We'll have to make a line of division here. MARY BOERGEESON: There is one, we have it. It's been surveyed, there's two separate deeds and everything. THE CHAIRMAN: Three lots immediately north of Lot $42, which is the lot on which the applicant proposes to build and which was acquired at a separate time from the lot on which his residence presently exists, are either the same size as Lot $42 or smaller. A similar situation exists with reference to six lots on Wabasso Street which is immediately to the west. Similarly sized lots exist across the street. MARY BOERGESSON: They all ran about the same size at the time he was selling them. THE CHAIRMAN: Except for this one you got jipped,_ MARY BOERGESSON: No, because didn't we get more the other way, it wasn't as deep but it was wider? THE CHAIRMA/~: YOU see, his problem here was he only had ... he kept 150' and sold you 60', originally, then he sold you an additional 20' MARY BOERGESSON: The original lot we bought was not from him, we bought it originally from C. H. Wickham. THE CHAIRMAN: He was the developer? CARL BOERGESSON: Right. THE CHAIRMAN: Well, I thought when we first looked at this that we'd have to deny it because of the lack of area, but it appears to me that this will not change the existing situation. If you hadn't bought that lot, somebody would probably have a house on it by now. These are in your name, these two lots, yours and your wife's? CARL BOERGESSON: Yes. $outhold Town Board of Appeals -20- March 31, 1977 THE CHAIRMAN: If these are divided, we have to provide for a division here. In other words, in order to prevent somebody from enlarging one lot at the expense of the other. SERGE DOYEN, JR.: This is one lot now, legally. THE C~AIRMAN: Nobody is permitted to have two houses on one lot. MARY BOERGESSON: I don't understand how it's one lot, it was bought separately, we have paid taxes on it separately. THE C~LAIRF~AN: The titles are merged as far as Zoning is concerned. CARL BOERGESSON: Suppose I turn around and sell this lot to her then and change it around. SERGE DOYEN, JR.: You could have done it originally. THE CHAIRMAN: It's been upheld in the courts. As far as area is concerned, the requirement now is 40,000 sq. ft., you'd have to have approximately four times the area that you've got here. You have just about a half acre. ~r~RREN WALDVOGEL: This would be pretty ha~d to sell the two houses at one time. THE CHAIRMAN: Right, which means that if you ever wanted to sell these, that's another reason we want to put a division in. SERGE DOYEN, JR.: That's what we're doing now. If you didn't and wanted to sell one, you'd have to come to this Board anyway, in the future, so why wait? THE CHAIP~I%N: Anyone else have any objection? (There was no response.) After investigation and i~spection, the applicant requests permission to constr~ct dwelling on singl? lot, west side Hiawatha's Path, New York. The f~ndings of the Board are that the approximately 24,000 sq. ft. Three lots immediately n~th of Lot 942, which is the lot on which the applicant proposes to build and which was acquired at a separate time from the lot on which his residence presently exists, are either the same size as Lot ~42 or smaller. A similar situation ~xists with reference to. six lots on Wabasso Street which is immediately to the west. Similarly sized lots exist across the street. Southold Town Board of Appeals March 31, 1977 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the haZdship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and zn 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. Gillippie, seconded by Mr. Grigonis, it was RESOLVED, Carl and Mary Boergesson, Hiawatha's Path, Southold, New York be GRANTED permission to construct additional dwelling on single lot, west side Hiawatha's Path, Southold, New York, subject to the following condition: If at any time in the future the property is divided for the purposes of sale of one or both residences, the survey lines describing the proposed building lot on Young and Young's survey of March 11, 1977, shall apply as to division. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Griqonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated March 10, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. Eleven (11) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.S.T.), Thursday, April 21, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: GilliDpie, .Grigonis, Doyen. On motion by Mr. Doyen, seconded by Mr. Gillispie, it was $outhold Town Board of Appeals -22- March 31, 1977 RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 11:00 A.M. (E.S.T.), Friday, April 8, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - ~essrs: Gilli~pie, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals set the following times on Thursday, April 2I, 1977, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon the following applications: 8:30 P.M. - Walter F. and Flora S. Luce; Appeal No. 8:40 P.M. Ellis and Helen Hyers; Appeal No. 2258. Vote of the Board: Ayes: - Messrs: Gillispie, 2259. Grigonis, Doyen. The meeting was adjourned at 9:30 P.M. (E.S.T.). Re~ec~ully submitted, Secretary