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HomeMy WebLinkAboutZBA-02/17/1977 APPEAL BOARD MEMBERS Robert ~(/. Gillispi¢, Jr., Chairman Robert Ber~]en Charles Grifloni% Jr. Ser~J¢ Doyen, Jr. Fred Huls¢, Jr. Southold Town Board of Appeals SOUTHOLD, L. I'., N.Y. 119'71 Telephone 765-2660 MINUTES Southold Town Board of Appeals February 17, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, February 17, 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. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman. 7:30 P.M. (E.S.T.) - Appeal No. 2243. Decision upon application of Joseph Czartosieski, RR1 Box 194A, Main Road, Cutchogue, New York for a variance in accordance with the Zoning O~dinance, Article III, Section 100-30 C (1) a,b,c,d for permission to conduct home occupation. Location of prop- erty: north side Main Road, Cutchogue, New York, bounded o~ the north by R. Asselta; east by J. Faszczewski; south by Main Road; west by R. Asselta. THE CHAIRMAN: Is there anybody here for this application? J, A. FASZCZEWSKI: I'm against it. THE CHAIRMAN: This decision~was postponed, and I have looked at some other ordinances regarding the upholstery business and tWo other ordinances have classified it in more than a resi- dential zone, I mean it has to be in a light business zone. Also, Mr. Czartosieski told the Building Inspector that he found some- Place else for his business. After investigation and inspection the Board finds that the applicant requests permission to conduct home occupation, north side Main Road, CUtchogue, New York. The findings of the Board ara that this would not.be a suitable occupation in a residential area due to the.machinery used in the upholstery business as well as the inadequate nature of the lot. The lot is undersized. $outhold Town Board of Appeals -2- February 17, 1977 The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hard- ship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this prop- erty and in the same use district; and the variance will change the character of the n~ighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Joseph S. Czartosieski, RR1 Box 194A, Main Road, Cutchogue~ New York, be DENIED permission to conduct home oc- cupation, north side Main Road, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. On motion by Mr. Gillisp±e, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve m~nutes dated January 27, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated January 14, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 4, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. 7:45 P.M. (E.S.T.) - Appeal No. 2239. Decision upon appli- cation of Joseph Gold, Prospect St., Freeport, New York IGeorge Ahl~rs, Builder, Inc.) for a variance 'in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard setback. Location of property: Haywaters Road Ext. (Fisherman's Beach Road), Nassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Bay Properties. Southold Town Board of Appeals -3- February 17, 1977 THE CHAIRMAN: This is the Joseph Gold application in which we delayed our decision suggesting to the builder that he try to persuade the Golds to adhere to the side yards. He called and said that they were not willing to change the plans. They are in the same position that you people are in. They paid a lot for the lot and they want to use it to the best advantage. MARION GELBWAKS: I believe, due to the civil regulations and so on, that the house has to be built up pretty high, which blocks the house next to it. It's really pretty sad. You mentioned the houses down in Westhampton Beach before, it gives you that im- pression. If they could possibly even put the garage ... THE CHAIRMAN: If you want to take a look at this book, this is the way you're going to have to build your house if you want to get it insured. MARION GELBWAKS: If they would reverse the house so that we'd only have the one-story garage on our side, instead of the tWo-story house which will be more than two stories ... if you know our house on Fisherman's Beach, it's really very tiny. THE CHAIRMAN: Well, I don't think that we'd be justified in asking them that. MARION GELBWAKS: I asked a friend of mine who's an architect and that seems to be most of the problem, it's just the plans. THE CHAIRMAN: They're all small lots down there and every- body is using most of the width of the lots. I think that we'll have to disappoint you and act on this and permit them to build as applied for. After investigation and inspection, the Board finds that the ~pplicant.requests permission to construct dwelling with in- sufficient side-yard setback, Haywaters Road Ext~ (Fisherman's Beach Road), Cutchogue, New York. The findings of the Board are that the lots in that area are small and many houses have insufficient side yards. The Board that strict application of the Ordinance =al difficulties or unnecessary hardship; the 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, Joseph Gold, Prospect Street, Freeport, New York (.George Ahlers, Builder, Inc.) be GRANTED permission to construct Southold Town Board of Appeals -4- February 17, 1977 dwelling with insufficient side-yard, Haywaters Road Ext. (Fisher- man's Beach Road), Nassau Point, Cutchogue, New York, as applied for, subject to the following condition: The dwelling shall be no closer than 8'6" to the westerly proPerty line and no closer than 7'6" to the easterly property line. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2246 - 8:00 P.M. (E.S.T.) upon application of Charles Tramantano, 1850 Colden Avenue, Bronx County, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (3) for permission to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutchogue, New York, bounded on the north by Main Road (Route 25); east by Horton; south by Herren; west by Schaumann. The Chairman opened the hearing by r~ading the application for a special exception, legal notice of he~ring, 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: Elizabeth G. Horton; Marie V. B. Schaumann. Fee paid $15.00. THE CHAIRMAN: According to the information in this appli- cation, the lot on which this used car lot i's proposed is 90' by 180'. It is the ~third lot on the east on the south side of the street from the intersection of Bay Avenue and the Main Road. It's zoned business on both sides of Bay ~venue with the exception of a residence on the southwest corner of the intersection. In connection with the application, we have several letters which I will read. These are all to the Board of Appeals. (The Chairman read the letters from Wailter F. Luce, Isidore 'P. Krupski, Albert M. and Doris B. Richmond, the Nassau Point Property-Owners Association, and John E. and Nancy Gillies, ~all of whom urged the Board to deny the application. The primary objections were that this would create a traffic hazard and would not be appropriate to the area.) I think that describes the application and the letters we've received. Is there anyone present who wishes to speak for this application? ROBERT TRAMANTANO: Would there be some specific type of a business that could go in there that wouldn't create the same Southold Town Board of Appeals -5- February 17, 1977 traffic problem? Wouldn't a restaurant or another real estate office do the same thing? THE CHAIRMAN: Well, I think the used car lot business is on the heavy end of the scale as far as the businesses that are per- mitted in our "B-l" zone. A retail business, restaurants, banks, bake shops, laundromats, similar personal service stores and shops are all permitted in the light business area. I think this area is "B-i", it's a heavy business area. In a heavy business area, in our zoning, we add places of amusement, fishing stations, public garages, gasoline service stations, and new and used car lots, all subject to certain requirements. We have quite a list, seven or eight, special requirements that apply to those kinds of uses. I don't know whether that helps you or not. ROBERT TRAMANTANO: It was our understanding that the prop- eruy was zoned properly for the purpose we wish to use it for. THE CHAIRg~N: It's zoned "B-i" but this board is required to consider a number of considerations in connection with granting a special exception. In other words, this is considered something that isn't normally permitted except by special exception. We have several pages in here which describe the criteria that the Board is to use for granting special exceptions. Among those is the consideration of property values, location with respect to churches and schools, quite a few others. In addition we have to take into con~sideration the Master Plan and also the character of the use and, as I said, this is one of the heavier, characterized as a hea~y use in the "B-i" zone. Also, the lot is too small. Our bulk requirement is 30,000 sq. ft. Of course, you have what is called a "pre-existing" lot. I don't know what you plan to do with the residence. Are you going to use the residence? CHARLES TRAMANTANO: We both live and have another business in the city. It would provide shelter for us on the triP out. we would live in there and use it as an office. We would be staying overnight if that's what you mean by residence. THE The area would have to be diminished, you could use, by the ~5' have to observe, tl 15' buffe~zone in the rear, you've got a site plan that :es and exits from the Main~Road. Personally, I ~e a poor location for this type of business. In if used car lots, they were there before zoning, we can't do anything about them but we can avoid creating new ones, particularly on what is generally considered under our zoning now as an undersized lot. This is about 16,000 sq. ft., about half the size of the bulk requirement of 30,000 sq. ft. in the "B-l" area. That would not be enough to deny the use of the property for a less intensive use, but taken with all of the objections that there are to this, I think I would have to vote against it. Southold Town Board of Appeals -6- February 17, 1977 ROBERT TRAMANTANO: Can I ask a question? I don't have a well prepared argument because I'm obviously not familiar with what you do have to consider in approving or disapproving this application, but could you give me an example of a less intense use in a "B-l" zone? THE CHAIRMAN: I should think that a retail store would be a less intensive use. ROBERT TRAMANTANO: Doesn't lesser industry go in a different zone? THE CHAIRMAN: No, not in our zoning. Some ordinances have four or five different business zones, ours only has two, the light business and the heavy business. ROBERT TRAMANTANO: Is a retail store a light business? THE CHAIRMAN: Yes. FRED HULSE, JR.: It's a pyramid ordinance. In other words, anything that's allowed in the light business is allowed in the heavy business. ROBERT TRAMANTANO: But this is zonedheavy business. What heavy business would provide less of a hassle than the one we're talking about on that property? A garage certainly wouldn't, a gas station, alparking lot, in fact I don't see where a retail shop would provide less. THE CHAIRMAN~ "Businessf professional, and governmental offices, banks ~nd financial institutions, retail stores, restau- rants, bake shops, laundromats, personal service stores and shops, marinas on the waterfront for the docking, mooring, and accommo- dation of non'commercial boats." There might be some debate as to whether these are less intensive. ROBERTTRAMA~T~O: That's what I mean. A bank would provide a great deal of traffic. THE CHAIRMAN: It is a fact that in the ordinances I've checked, from maybe ten towns, that the used car lot business is down further on the scals than restaurants and some of these other things that we mentioned. ROBERT TRAMANTANO: Yet the objections would apply to all. · he objections voiced here would apply to almost any retail business. THE CHAIRMAN: Is there anyone else who wishes to speak for this? You'll get a chance to talk again (to the Tramantanos.) Is there anyone present who wishes to speak against this application? Southold Town Board of Appeals -7- February 17, 1977 GEORGE STANKEVICH, ESQ.: I represent Mr. and Mrs. Lawrence Stojan. I ask permission of the Board to ask several questions of the applicants if it's permissible. THE CHAIRMAN: Sure, you can ask them through me. GEORGE STANKEVICH, ESQ.: I'd like to know whether this lease involved in the premises is contingent to the granting of this or did they just least it? THE CHAIRMAN: Contingent lease? ROBERT TRAMANTANO: Yes. GEORGE STANKEVICH, ESQ.: Could we see the lease? ROBERT TRAMANT~O: We haven't drawn it, we just had a draft made on the suggestion of Mr. Saland. GEORGE STANEEVICH, ESQ.: So nothingJs been signed yet. ROBERT TRAMANTANO: No. GEORGE STANKEVICH, ESQ.: Exactly what are Ithe activities that you intend to conduct on the premises? ROBERT TRAMANTANO: We're in the wholesale iautomobile business and we intend to purchase cars and transport them to a different port for sale. It would serve as a licensing and holding point for the merchandise. GEORGE STANKEVICH, ESQ.: Where are you presently engaged? ROBERT TRAMANTANO: In the Bronx in New York City. GEORGE STANKEVICH, ESQ.: How long have you been engaged in this? ROBERT TRAMANTANO: I've been in this business nine years. GEORGE STANKEVICH, ESQ.: How many cars do you anticipate moving through ... ROBERT TRAMANTANO: I'd have to be honest with you, that's impossible to say. GEORGE STANKEVICH, ESQ.: What's the minimum that would be economically viable on these premises? You must have some figure in mind. THE CHAIRMAN: The premises limits the number of cars~which can be put on it. The cars have to be at least 35' from the road and so forth. Have you thought about how many cars you want to put there? Southold Town Boardcof Appeals -8- February 17, 1977 CHARLES TRAMANTANO: It's in the application. 15 cars. GEORGE STANKEVICH, ESQ.: What I'm asking, though, is how many cars a month do you have to move through there to make it worthwhile? ROBERT TRAMANTANO: I would have, to meet projected expenses, to move about 25. See, it's dollars and cents I'm interested in, not in numbers of cars. At the average sale car price of $1,500 we'd have to move 25. GEORGE STANKEVICH, ESQ.: Where will the source of these cars be? ROBERT TRA~ANTANO: From the new car dealers here that accept these as trade-ins. They will be our prime source of business. THE CHAIRMAN: You mean from local dealers? ROBERT TRAMANTANO: Yes. GEORGE STANKEVICH, ESQ.: Would there be any sales at the premises? ROBERT TRAMANTANO: I wouldn't want to restrict myself and say no. We are not in a retail business, although we require a retail license. THE CHAIRMAN: Who would buy these cars? I generally think of a used car lot as a place where an individual buys a used car. ROBERT TRAMANTANO: We're wholesale. GEORGE STANKEVICH, ESQ.: Do you take them to auction in New Jersey or Pennsylvania? ROBERT TRAMANTANO: We take them to Manheim and Bordentown. THE CHAIRMAN: You'd be driving them out of there. CHARLES TRAMANTANO: Back to where we come from, in the Bronx. THE CHAIRMAN: You'd be taking them to the Bronx or New Jersey or some other place. It's really a holding lot. GEORGE STANKEVICH, ESQ.: So then really, if you're in the wholesale business, you really don't need visibility on the Main Road. You could rent a barn someplace and do the same thing if i% was zoned business. ROBERT TRAMANTANO: Well, if we needed visibility, I don't think we'd be interested in that lot. Southold Town Board of Appeals -9- February 17, 1977 GEORGE STANKEVICH, ESQ.: What about parts, was there some- thing in the application about the sale of parts? CHARLES TRAMANTANO: No. GEORGE STANKEVICH, ESQ.: Has any site plan been prepared? I believe it has to go to the Planning Board. THE CHAIRMAN: It does. The site plan, generally, would have to be limited by the ordinance. GEORGE STANKEVICH, ESQ.: What I'm getting at is this, have you prepared a site plan? ROBERT TRAMANTANO: No, I~m not familiar with that. CHARLES TRAMANTANO: This is the first we've heard of it. GEORGE STANKEVICH, ESQ.: Do you have any plans for screening of the lot~so people don't have to look at 15 cars if they live across the street? Bushes or anything like that? ROBERT TP&~MANTANO: No, I really don't. THE CHAIRMAN: That would be a function of the Planning Board. GEORGE STANKEVICH, ESQ.: Yes, it would. My point in raising it now is so we lay as many cards on the table as possible so this Board and the people don't get fooled and then, when it comes to the Planning Board, they say that~everything's fine with this Board. Mr. Stojan lives across the street on a 40-acre farm and I think that if he looked at bushes, that's one thing, but if he's going to look at 15 cars, that's something else. · HE CHAIRMAN: Well, I think this is very good, the information that you're listing herel GEORGE STANKEVICH, ESQ.: What about signs? ROBERT TRAMANTANO: I believe we can just have one sign of a specified size. It's not an enormous sign, I believe it's at least 2' by 2' GEORGE STANK~VICH, ESQ.: Would you be willing to limit your- self by covenant to no more than that size? ROBERT TRAMANTANO: I'd be willing to make limitations on things like signs and fences if I hear the objections. The only objections I've heard are about the cars, an unusual objection in that any business will create a certain amount of traffic. Southold Town Board of Appeals -10t February 17, 1977 GEORGE STANKEVICH, ESQ.: From Mr. Stojan's .point of view, we'd like to have as many concrete answers to this as possible because if you can prove to us that this is a great thing for the neighborhood we're willing to be convinced because he has a very substantial investment across the street. On the other hand if there aren't concrete answers to these types of questions, then we will urge this Board and the Planning Board to deny it. THE CHAIRMAN: As far as the sign is concerned, they're permitted, in the Ordinance, to have ... GEORGE STANKEVICH, ESQ.: But it's possible to make it more palatable by saying, "Look, we'll overscreen and reduce the size of the sign." THE CHAIRMAN: My experience with screening has been kind of poor. You can't decree growth. GEORGE STANKEVICH, ESQ.: Sometimes it doesn't grow and some- times it's not big enough. And a fence is sometimes worse than bushes. We would also urge this Boa~d to look very closely at this type of application because it does not appear that the business would be one serving this community particularly. If it's just a matter of buying cars in this community and assembling them for wholesale, that can be done in many other places in the town off the Main Road. It can also be done in Riverhead or more centrally located places. THE CHAIRMAN: YOU might be able to do it cheaper somewhere else, too. ROBERT TRAMAN~TANO: Excuse me, I didn't mean to give you the impression that we were going to restrict ourselves to wholesale business. We're interested in the main flow of traffic for quite a few reasons. B~t we're not in the retail business, it would re- quire a staff and it would require a lot more space than we have. GEORGE STANKE~ICH, ESQ.: Mr. Stojan is concerned with panning dOwn theSe~ things because through his experiences, he happens to be a structural foundation engineer.and he's done a lot of work all DP and down the east coast, he's well aware of the fact that people who assemble cars, sometimes they break them down and sell the parts. ROBERT TRAMANTANO: That's not in the application. GEORGE STANKEVICH, ESQ.: I know that, but once you get a foot in the door, he's worried. His concern is to have as many of these points pinned down, if it's going to be approved, in writing se it's enforceable. You know, you may sell the business to some~body else and they may not be great people. It's not a matter of personality, but they just may have different ideas on how to run your type of business. South©id Town Board of Appeals -11- February 17, 1977 THE CHAIRMAN: Well, in this type of application, we have a list of restrictions such as no dismantled automobiles or parts around, all repair of motor vehicles other than minor servicing shall be conducted in the building, etc. Those are our restric- tions. ROBERT TRAMANTANO: Those restrictions are enforced by the State. GEORGE STANKEVICH, ESQ.: I would urge this Board, on behalf of Mr. and Mrs. Stojan, as was pointed out earlier, that the lot is small and you're increasing the problem of an undersized lot by squeezing a house and X number of cars on it. We would also urge you to investigate the fact that there are farm stands in the area and that there's a little shop on the corner of Skunk Lane, and you have Ted's gas station. When you add those cars that use the road to park, already they're parking on both sides of the street, and even if people are just stopping to look, assuming they're not even going to buy any cars, the parking increases. I have a letter here from Mr. Stojan that I'd like to submit to you. THE CHAIRMAN: I think it's pretty hard to make a case that this would increase traffic. GEORGE STANKEVICH, ESQ.: I don't know because they're not willing to restrict themselves by any type of covenant. They say they want to do wholesale but they may do re~ait. I know when I buy a car, I look a lot, and people are always stopping and loOking and kicking tires. There tends to be a lot of traffic, people in and out, slamming doors and leaving. Anyway, the letter from the Stojans is as follows: (Mr. Stankevich read the letter from the Stojans and submitted it to the Board.) THE CHAIPR~AN: What does he think will fit in the neighbor- hood? GEORGE STANKEVIC'H, ESQ.: Professional ~offices or ... he certainly ha noi~objection to the type of building that is going on Sk~IU~.~ k Lane, the old Richmond place. THE C~A!RMAN: O~r problem with. zoning is that we have certain general classifications, there are quite a few~things lis~ed underneath them. GEORGE STANKEVICH, ~SQ.: can make 15 cars look great unless you hide them. business ... ~otoRial way you Southold Town Board of Appeals -12- February 17, 1977 ROBERT TRAMANTANO: Is it legal to park on that road, on Route 25, at %hat location? THE CHAIRMAN: If you're off the highway. ROBERT TRAMANTANO: I couldn't imagine anyone stopping on that road, I'd never stop there when there{s a driveway and a parking area to pull into. Do you honestly think that 15 cars in the back of that property would attract a lot of people? GEORGE STANKEVICH, ESQ.: You tell me, you're in the business. ROBERT TRAMANT~O: I don't, I'll be very honest with you. CHARLES TRAMANTANO: Not behind the house like ~hat. GEORGE STANKEVICH, ESQ.: From Mr. Stojan's point of view, he's a pretty shrewd bus~inessman, I've known him for three years, and in talking about this, his position is simply this: If you don't want visibility, if you don't rant a location on the Main Road so people will see it, what are you doing in that neighbor- hood? I can point out a dozen places, many people can, where you can rent off the main highway places to store things in this town that is properly zoned ~d in Riverhead there are many other places. If your purpose is solely to assemble cars to be sold wholesale someplace else, you don't need that property. ROBERT TRAMANTANO: You think I'm tryinq to fool you, somehow come in and bang up the town with a dealership here. THE CHAIRMAN: You plan to lease this and not buy, right? ROBERT TRAMANTANO: We plan to take an option to buy. GEORGE STANKEVICH, ESQ.: If you're.a good businessman it's going to prosper and expand. It's not a matter of ~personatit~ either. You could die tomorrow and if you have the option i~.could be sold to someone else. While you may run the business right, they may have other ideas but they've got their foot in the door so it's not a matter of personality, it's a matter of property and business. R~BERT TRAMANTANO: I understand that, what I don't under- stand ~s how~thes® objections apply solely to that business and not to any ~ther~ As a matter of fact, I could see where a bank, a laundromat, a real estate office would provide more of the kind of hassles that we're dealing with here. It's not a very big lot and there's not much you can do with it. ~EORGE STANKEVICH, ESQ.: Probably they would meet with the same type of objections. ROBERT TRAMANTANO: This is what I'm curious to know, What would fit in there that nobody would object to? Southold Town Board of Appeals -13 ~ February 17, 1977 GEORGE STANKEVICH, ESQ.: A nice colonial professional center. How about down there on the corner, that's a fantastically good- looking building in terms of aesthetics. ROBERT ~RAMANTANO: One thing is, did anybody arrive here tonight without an automobile? We're all part of the automobile society and I don't see where shuffling it off in the back woods somewhere is going to make the people in the back woods any happier. THE CHAIRMAN: Does anyone else wish to object to this? MR. $CHAUMANN: I do. We own the antique shop next door to this property. We are open only in July and August, part of June and part of September. We find that there is no business once the summer people go~ We bought the Hattie Horton house 30 years ago. We have put thousands of dollars and thousands of hours of work into it. We feel that a used car lot would not help at all. We think that the traffic would be intense and would multiply. We se~ no reason for it. THE CHAIRMAN: Let me ask you a question, Mr. Schaumann, the same question this gentleman asked me. What kind of business would you like to have there? It's zoned business. A restaurant? MR. SCHAUMANN: Or a real estate or law office. THE CHAIRMAN: There's going to be a real estate office on the other corner. MR. SCHAUMANN: I know, we're getting loaded with them. Saland owns the property now, is that right? CHARLES TR~-MANTANO: Yes. MR. SCHAUMANN: We have been told that he was going to make this into a real estate office, to which we would h~ve no objection but a used car lot is an entirely different matter. I think it would depreciate the value of our property which we have worked hard to bUild up and to make a site that is a credit to the neighborhood. The ho~se ~tself is pre-1752 So it is also an historical landmark. Mab~ Richmond's store next door, they're putting an awful lot of money and rime'into it. We have spoken to the owners and we believe that it will be a credit to the neighborhood, nothing to be ashamed of, but it will increase traffic. A used car lot, in addition to that, is a bit much. THE CHAIRMAN~ B~t it's all zoned business, you see. Anyone else wish to speak? PHIL~R~0RTo~ 'I'm speaking for myself and my grandmother, Elizabeth G. Horton, the other neighbor. We're strongly opposed to this application for a used car sales lot next to our property. Southold Town Board of Appeals -14- February 17, 1977 We feel that, as was stated before, the lot is entirely too small. We dO not wish to see this area developed like some areas up the middle of the Island where you've got gas stations, garages, used car lots, they take up the whole landscape~and there,s nothing else. THE CHAIRMAN: Of course, that's the way the community developed, on the main roads, it didn't develop back in the fields. PHILIP HORTON: Hopefully, it won't happen out here. That's about all except I'd like to give you this. (Mr. Horton gave the Chairman a letter signed by him for Elizabeth G. Horton.) THE CHAIRMAN: Anyone else wish to speak? MR. KLOS: I'm representing Ted's Auto Body. My brother and I operate Ted's Auto Body now, my father has the used car lot. THE CHAIRMAN: How long has it been there, do you know? MR. KLOS: I've been working there 20 years and my father had it 10 years before that. THE CHAIRMAN: Long before zoning. MR. KLOS: It's been a garage since about 1935. THE CHAIRMAN: And you have done a job on screening some of that stuff. MR. KLOS: My father is a licensed used car dealer, and we've been making a good living there. THE CHAIRMAN: You objecting on the basis of competition? MR. KLOS: Competition plus I don't think it would help the main thoroughfare. THE CHAIRMAN: For some reason, people don't like to see a bunch of automobiles. MR. KLOS: Well, when I go on vacation, I don't like to see them either. THE CHAIRMAN: Does anyone else wish to speak? GEORGE STANKEVICH, ESQ.: One.question, how are you going to move the cars out to sell? ROBERT TRAMANTANO: Drive them. Southold Town Board of Appeals -15- February 17, 1977 GEORGE STANKEVICH, ESQ.: You're not going to bring any trailer trucks to load them on or anything. ROBERT TRAMANTANO: Not to New York, that would be r~diculous, it would cost about $100 per car. FRED HULSE, JR.: Would you hire drivers, if you want to take 10 cars in, do you hire 10 drivers? ROBERT TRAMANTANO: We use dealer plates. What I don't under- stand is everybody's objection seems to be traffic. All of us here tonight know that that's going to be no matter what moves in there. I don't hear any of the real objections. If someone would say to me, "Look, you're going to block my view" I'll sit down and table that, but the objections to traffic, gentlemen~ those are ridiculous. GEQRGE STANKEVICH, ESQ.: Mr. Stojan does not object solely on the basis of traffic. He lives across the street from this ... THE CHAIRMAN: He objects on the basis of what? GEORGE STANKEVICH, ESQ.: Aesthetics. He doesn't want to look at 15 cars. The man owns, I think, over 40 acres. THE CHAIRMAN: Is he going to develop it at some time? GEORGE STANKEVICH, ESQ.: No, it's in the farm program. He wants to live here, but if he's going to look at a car lot, he's going to turn around and say, "Look, I might as well make money," and subdivide the land. THE CHAIRMAN: It's rare if a guy doesn't want to make money. GEORGE STANKEVICH, ESQ.: There are a lot of people going into the farm program for reasons that are against pecuniary interests. They're breaking even and getting out, or some of them are saying, "I moved here and I'd just as soon look at a decent area." THE CHAIRMAN: Does anyone else have anything to say? (There was no response.) On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED,that the Southold Town Board of Appeals POSTPONE DECISION upon Charles Tramantano application, Appeal No. 2246, until March 10, 1977, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Southold Town Board of Appeals -16- February 17, 1977 PUBLIC HEARING: Appeal No. 2245 - 8:40 P.M. (E.S.T.) upon application of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for per- mission to set off lot with existing building. Location of prop- erty: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots #141 and 142, Map of Nassau Point Properties. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing,~'~affidavits attesting to its publication in the official newapapers, and notice to the applicant. The Chairman also read statement from the Town C~erk that notification by certified mail had been made to: Ric~rd Anderson; Arthur John Flynn. Fee paid - $15.00. THE CHAIRMAN: The survey accompanying the application by Van T~i, dated December 7, 1976, the premises under discussion on Wunneweta Road are 137' on the northerly dimension, 150' on the easterly dimension, 151' on Wunneweta Road, and 160' on the southerly dimension, that makes 22,585 sq. ft. The map indieates a number of surrounding properties which are, some are larger, some smaller. Is there anyone present who wishes to speak for this application? ARNOLD GARDNER: I wish to speak for it, but merely to state that what you just read in the application is the position we wish to take in this matter. THE CHAIRMAN: Is this more than one lot of the original division? ARNOLD GAHDNER: Yes. Originally, it was one lot, ~141. Then that was split off-with an adjacent lot so that it con- s~itutes a lot and a half. The original lot was a 100' lot that ran from Nassau Point Road to Wunneweta Road. Then they took 50' of a lot between that and the corner lot now owned by Flynn and made each of those lots 150' (The Board and Mr. Gardner discussed the location and the size of the property.) THE. CHAIRMAN: Is Prume across the street from you? ARNOLD GARDNER: On Wunneweta it's Dr. Goldhush. THE CHAIRMAN: He seems to have a lot that smaller than the one you're ... ARNOLD GARDNER: Well, Supin, which, is now owned by VanCott, is smaller. Then there's a commercial lot almost across the street where they have this dockage place. It's called Wake White on the map but actually it's Rambo. Southold Town Board of Appeals February 17, 1977 THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? RICHARD CRON, ESQ.: I'm here to represent Mr. Richard Anderson, who is a property owner to the south of this Particular parCel. The rending of the application seemed to indicate to me that pro~abty ~he most compelling reason that's being advanced by the applicant fQr the~granting o~ the application~.is that it's going to enhanee his znvestms~t in the p~operty. If i Understood the literal reading of the application, he is intending to sell the piece that is being suggested as being parcelled out, and to lease the remaining property to somebody else. This application is both in a way an area variance application and, to a certain extent, a use variance application. Because what the applicant proposes to do is to break out a given area from a larger parcel, ~hi~h would fall in the nature of an area variance, and at the same time hH's enlarging the use of the parcel, the overall parcel, by creating basically a two-family type of situation on this one particular tract. It's certainly clear that there's a substantial lacking in area requirements as far as bulk schedule is concerned as to the p~rce.1 that's to be cut out. Moreover, you're left with a situation where you're going to have a rear yard on the parcel on which there is presently a residence of less than 50'. I think this probably falls into an area of a violation of our zoning ordinance. This doesn't fall, I heard no proof or no state- ment that woul~ establish that there's practical difficulty in terms of gr'anti~ng an area variance. Frankly, if you were dealing in %he are~ of a use variance, I heard nothing that smacks of financial hardship for the purpose of granting such a variance. Our ordinance defines a subdivision as the breaking apart of a par~el of land into two or more parcels and tne ordinance, in doing so, requires that you have 40,000 sq. ft. in that particular parcel of land. I disagree with the applicant's observations that i~'s in conformity with the adjoining area. Certainly Mr. Anderson's lot r~ns ~om Nassau ~oint Road to Wunneweta and So doeS Mr. ~lynn's. ,I would assume that the Board is prepared to open Pandora's box by also granting similiar applications to those people. In other'words, we're going to break out, and what we're ~reating here is a situation of 40,000 sq. ft. improved lots and creating 20,000 sq. ft. unimproved lots, which is in direct vio- lation of our zoning ordinance. THE CHAIRMAN: I think that the Nassau Point properties a~e generally smaller than 40,000 sq. ft. just as many other sections of the To%rn are. RICHARD CRON, ESQ.: Not in this particular area. Southold Town Board of Appeals February 18, 1977 THE CHAIRMAN: Some of them are, yes. ARNOLD GARDNER: They were subdivided before the one-acre zoning law. THE CHAIRMAN: Is this one of the excepted subdivisions in~'~the ordinance? RICHARD CRON, ESQ.: This one is the Amended Map "A" of Nassau Point Club Properties. I think the excepted parcels are in the beginning of the ordinance. Here it is. A quick scanning, unless my eyesight deceives me, there's no exception as far as that map i~ concerned. THE CHAIRMAN: Some of the area in Nassau Point is excepted. RICHARD CRON, ESQ.: I bring to the attention of the Board that there's got to be sufficient legal reasons advanced for the granting of the application. Frankly, I haven't heard any. THE CHAIRMAN: I think that the applicant said that it would be an e~onomic hardship to ... he'd have to lease the property. RICHARD CRON, ESQ.: You're leasing a house, there's one house on it. You know, I could understand if there were tw~ houses on th~ere and you wanted to set off one so that you would have two separate entities in existance, but right now, you're creating a sub-par 10t if you grant the application. Substantially sub-par. There's no practical difficulty involved in setting off this particular unimproved lot consisting of a little better than 20,000 sq. ft. THE CHAIRMAN: Just the economic hardship. RICHARD CRON, ESQ.: What's the economic hardship there, that you can't rent the land because it has 20,000 sq. ft. more, I can't buy that. He's renting the house, he's not renting the land. ARNOLD GARDNER: Actually, when you consider the values of property on Nassau Point, if you try to lease an acre-and a half ~oc~ted the way t~is is, if you try to get a fair return on your investment based on these values, on a lease basis, it's almost impossible. You just can't get it. To your point about this property being out of character with the adjacent properties, actually the one and one half acre piece is larger than 16 adjacent properties. If the variance were granted, the half acre would be larger than five nearby properties. RICHARD CRON, ESQ.: It's certainly going to be out of character as to your two neighbors, though, on the north and the south. Southold Town Board of Appeals February 17, 1977 ARNOLD GARDNER: So are five existing properties. THE CHAIRMAn: We've never been able to get a guideline on what constitutes a neighborhood. We generally look at the whole area and if there are X number of undersized lots, under 40,000 sq. ft., we usually grant any reasonable application. This appears to me to be a reasonable application and I can fully concur with the view that the land is appraised there so that you can't very well rent it along With the house, too. How long are you going to rent it for, a long time? ARNOLD GARDNER: Yes, a long lease. THE CHAIRMAN: So, this isn't just a one-season deal. ARNOLD GARDNER: No, it wouldn't be a summer rental, it would be for year-round use. THE CHAIRMAN: Are you living there now? ARNOLD GARDNER: No, I'm living across the street. The house is vacant. THE CHAIRMAN: In view of all the decisions on area variances, which are less restrictive than use variances, it would be pretty hard to show that this is going to affect the safety, health, and welfare of the Town of Southold. RICHARD'CRON, ESQ.: What I'm concerned about is the practical difficulty of the situation. You're talking about an area variance. Frankly, I find no practical difficulty in leasing the land in te~ms of an acre and a half against an acre. You're enhancing a~esidential dwelling and making it into an investment at the request of the applicant in direct violation of the zoning ordinance. I would assume that you would now have to give favorable consideration to each of the adjoining owners if they come in and likewise decide to parcel out 20,000 sq. ft. That would create six residences where there were three. CHARLES GRIGONIS, JR.: There's no way you could stop that. RICHARD CRON, ESQ.: I think it's a substantial deviation from ~he ordlinance to grant this application on the basis of practical diff±culty for the reasons that have been advanced. THE CHAIRMAN: I don't think it's a practical difficulty, I think it's an economic difficulty. RICHARD CRON, ESQ.: Where's the economic hardship? THE CHAIRMAN: Well, I don't know what it's appraised at, what the land is worth, but his tax bill pro~ably reads something Southold Town Board of Appeals -20- February 17, 1977 like $12,000 for the land and $10,00.0 for the house. I'm just guessing, but the land is probably almost as much as the house on the tax bill. RICHARD CRON, ESQ.: Frankly, I don't see any substantial economic hardship~ I think the variance is basically a use vari- ance that involves economic hardship. ARNOLD GARDNER: What would you say is a fair return on investment? RICHARD CRON, ESQ.: I don't think one looks at a residential dwelling in terms of a fair return. THE CHAIRMAN: You d~ if you're stuck with it. RICHARD CRON, ESQ.: If you sell it you look for a fair return on it, but if you're using it, this is what you chose to buy. ARNOLD GARDNER: No one can dictate what someone else wants to do with his own property. RICHARD CRON, ESQ.: We're not trying to dictate, all we insist upon is that the Ordinance be strictly applied to a given situation. THE CHAIRMAN: Well, if we denied this it would be contrary to the policy we pursue here, have pursued for the last four or five years. RICHARD CRON, ESQ.: But I'll bring to your attention that most of the time you were dealing with area ~ariances, you were not dealing strictly with vacant land. You w~re dealing with situations where there were existing b. uildin~s on the land. THE CHAIRMAN: No, I would say that more of ours deal with vacant land than they do with land where there are structures. Occasionally we have them, tomight we have two of them. But we have frequently dealt with vaCant land. We/frequently have con- ~roverSial hearings where, say, a fellow wants to break up 66,000 sq. ft. into two 33,000 sq. ft. lots and everybody in the area is on 20,000 sq. ft. and they line up to object. RICHARD CRON, ESQ.: That's a different situation than what you have here though. THE CHAIRMAN: We don't go into motivation. Anyone else wish to speak? CHARLES JANTZEN: I own lot 9145 on Nassau Point Road. Southold Town Board of Appeals -21- February 17, 1977 THE CHAIRMAN: What's the size of that lot? CHARLES JANTZEN: 7/8 of an acre. One of the problems that you say might be grounds ~r denial of such a request would be on the basis of health requirements, I think you mentioned that. THE CHAIRMAN: Well, that's up to the Board of Health. CHARLES ~ANTZ~N: I would like to bring to your attention some of the investigation on the ground water situation on Nassau Point as presented by the Board of Health to the Nassau Point PrQpert~O~ners Association at their annual meeting on August 24, 197'5. ~ahy of the people on Nassau Point are very concer~ed about the ten~s situation of the ground water that exists in that area right n~W; As a matter of fact, Nassau Point is ~ery different from the mainland of the North Fork in that the ground water table is much more subject to intrusion because of its close proximity to water all around. This diagram right here will show you the approximate relationship between the mainland of the North Fork and Nassau Point and the existing ground water under both. Ap- proximately 50% of the wells on Nassau Point are suffering from salt water in~rusion at the present time where we have an excess of 250 parts per million. Many of these wells are up to 1,600 parts per million. The lens of water that is under Nassau Point is shaped like a camel lens in that the people who are closest to the edge of the water will be the people who are going to be without water first. This piece of property is fairly close to the edge of the water, although many other people will be affected. The projected study by the United States Geological survey and the Town of Southold says that Nassau Point will support 350 homes. "However, several factors must be incorporated into any allowable density in this area." THE CHAIRMAN: When was this report made? CHARLES JANTZEN: 1963. THE CHAIRMAN: How many houses ha~e gone up since then? CHAP~ES JANTZEN: We have ~ 0 houses on Nassau Point, and it says further in have 50 more time and this, our Water repl artesian system on Nassau Point. All of the water is strictly recharged from rain water. We have approximately 300 houses or homes on Nassau Point right now. We figure that we have a suffi- cient amount of ground water to support the pres~at population. But, in conclusion, "Nassau Point has a limited quantity of fresh water in underground storage due to the salt water of the Bay's existing below the peninsula" and 50% of the wells presently are incurring salt water intrusion and their recommendation, on the Southold Town Board of Appeals -22- February 17, 1977 last page here, is to "establish low density zoning in the area; prevent any dredging of the shoreline; if the condition of the ground water shows deterioration, a central water supply for the peninsula should be established to provide management of the resource." If this has to come about, it's going to be a hard- ship on all of the people of Southold Town, not~only the people on Nassau Point. I think we're going to open Pandora's box because Mr. Flynn, who is on the north side, an absentee land- lord, probably would like very much to have that piece of prop- erty divided. In the light of the water situation right now, it's not such a good idea. THE CHAIRMAN: That's a 1963~report? CHARLES JANTZEN: Yes, 1963. THE CHAIRMAN: There have been some more recent ones than that. CHARLES JANTZEN: Well, if that was the situation back in 1963, it certainly wouldn't have gotten much better, it's gotten a lot worse. THE CHAIRMAN: I know. Have you got anything more recent than that? There wer~ some studies done. CHARLES JANTZEN: In 1971, this report was made by the General Engineering Unit of the Suffolk County Department of Health. They pretty much came up with the same results. THE CHAIRMAN: Well, I think this is a much more substantial reason for reconsidering Nassau Point now. Just what the function of the Board of Appeals Would be in this, I'm not sure, but we can bring it to the attention of the Town Board and the Planning Board and it may be that this should be, any further division of lots on Nassau Point should be eliminated. Whether we can legally do this or not, I'll have to investigate. CHARLES JANTZEN: Could you postpone the decision until we get more information? THE CHAIRMAN: Yes. RICHARD CRON, ESQ.: I'd like to add to this particular argument if I may. I think the Health Department of Suffolk County would probably require that this be done through a sub- division map basis, an approved subdivision map. Any subdivision now, a breaking down of parcels subsequent to 1970 is being looked on with a real jaundice eye by the Suffolk County Health Department. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -23- February 17, 1977 RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon application of Arnold.and Diana Gardner, Appeal No. 2245, until March 10, 1977, at 7:45 P.M. (E.S.T.I. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2248 - 9:10 P.M. (E.S.T.) upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: nortk side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Horton Lane Beach; west by Horton Lane Parking Lot. 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 ~he Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Robert Dow. Fee paid - $15.00. THE CHAIRMA/q: The dimension of the entire new construction: front, 24'; rear, 24'; depth, 30'; height, 23'; two stories. The size of the lots is 120.11 in the front, 120.03 on the rear, the depth is 344.5' It%was purchased December 17, 1970. Is there anyone present who wishes to speak for this application? (There was no response.) There's no one here for this application? Well, my under- standing of it~i~s that there are four houses on one lot here, they're all cottages. The house that is to be enlarged has been demolished. When we went down there, the bulldozer had been there before us, and it isn't there anymore. There are two or three other houses on the same lot, I don't know whether it's jointly owned or not. I think in any case we'll have to post- pone it until the applicant tells us who owns the property and how many houses are on it, where they propose to put the new house, etc. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the hearing upon application of James ~. Murphy, Appeal No. 2248, be ADJOURNED until March 10, 1977, at 8:00 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Southoid Town Board of Appeals -24~ February 17, 1977 PUBLIC HEARING: Appeal No. 2247 ~ 9:15 P.M. (E.S.T.) upon application of Beatrice Eastman, Brown's Hills, Southview Drive, Orient, New York (William Price, Jr., Esq.) for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: west side Southview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondarchuk; west by now or formerly Tuthii1 and Dyer. 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: J.D. Dyer; J. B. Tuthill; Ellen DeMaria; Frank Bondarchuk. Fee paid - $15.00. THE CHAIRMAN: The applicant's lot is approximately 170' by 165' on Southview Drive. Is there anyone present who wishes to speak for this application? IRVING L. P~ICE, JR., ESQ.: I appear on behalf of the ~pplicant, Beatrilce EaStman. I would ii~~ to add that the house is' in catty-corn~red to begin with, it's 'been there since 1962. to put the addition in the back. It's s~rounded by trees~ It would be 23' from the easterly edge of the addition to ~he~lot line and the line of this private road. ks it exists new, it's either 33' or 35' from the extension to the traveled portion of the! r~ad and between the traveled portio~ of the road and this 23', there are trees now and I b~l~eve there was an honest mistake mads on the part of the builder in the measurement. There was some confusion as t~ which was front and which was Side. It would create a financial hardship for all concerned, mainly the applicant, if it Were necessary to move this building. As far as moving the building, we~d still have that problem as to location. We feel that if the variance was granted, it wouldn't violate the spirit of the ~rdi- nance because it would not be obvious that it was less than 33', anyway, from the road. On that basis, we petition the Board to grant the variance. The petitioner is here. THE CHAIR~N: Is there anyone else who wishes to speak for this application? (There was no response.) Anyone present wish to speak against this application? (There was no response.) Southold Town Board ~f Appeals -25 - February 17, 1977 I think this is a case where the Board would want to act as though this addition had not been bu±lt. The addition is practically completed, isn't it? I think the Board should act as though the applicant had not made an error. There is a topo- graphical hardship, the slope of the land. The main part of the house is located in the best position as far as the lot is con- cerned. Also, it's heavily wooded. I think that this would have no particular influence on the public health and welfare of the Town of Southold and I think the Board should act favorably on this application. After investigation and inspection, the Board finds that the applicant requests permission to construct addition with in- sufficient setback, west side Southview Drive, Orient, New York. The findings of the Board are that the Board is in agreement 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 b~ 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, Beatrice Eastman, Southview Drive, Brown's Hills~ Orient, New York be GRANTED permission to construct addition with iRsufficient setback, west side Southview Drive, Orient, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. PUBLIC~ HEARING: Appeal No. 2249 - 9:30 P.M. (E.S.T.) of David and Hermine Hort6n, N~W Suffolk Avenue, New York (Gary Olsen, Esq.) for a variance in accord- ance Ordinance, Article III~ Section i00~30 and Bulk Schedule for. permission to set off lot with existing dwellings. Location o~f south side New Suffolk Avenue and north New Suffolk, New York, bounded one. the north by New east by now or formerly Kappel and others; south by Jackson Street, west by Rudeck. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication ink,he official newspapers, ann notice to the applicant. ~he Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Iona Horton; Mr. and Mrs. Frederick Kappel; Mr. and Mrs. M. Rudeck. Fee paid - $15.00. Southold Town Board of Appeals -26- February 17, 1977 THE CHAIRMAN: The subject premises are 100' by how deep? 281', something like that. I th±nk you say 13,000 sq. ft. in each. GARY OLSEN, ESQ.: Roughly 13,000 s~ ft. for each parcel. We want to go up to the monument. The total length on the west side is 251.70', that's the total length of the parcel as it presently exists. It's 251.78' from Jackson Street to New Suffolk Avenue on the west. THE CHAIRMAN: This easterly dimension is 249', approximately. GARY OLSEN, ESQ.: 250.86'. It's 129.90' plus another 129.46' which makes 250.86' THE CHAIRMAN: There are five buildings on the property. DAVID HORTON: I knocked one down. This was a foundation (on map), I took that down a few years ago. THE CHAIRMAN: Then it has four cottages, right? DAVID HORTON: Three cottages and one, actually, I think~i you could consider one a regular one-family dwelling. THE CHAIRMAN: Are they rented seasonally? DAVID HORTON: Yes, well, these two here are winterized, they could be rented year round or seasonally. Right.now, I have one rented during the winter. The other one is totally summer. THE CHAIRMAN: And you propose to connect these two lines here. DAVID HORTON: Go back to the existing line, yes. That was the original line, years ago. THE CHAIRMAN: And who's going to own the two pieces? DAVID HORTON: I will. GARY OLSEN, ESQ.: The. applicant seeks, I think what prompted this is he seeks to sell half of it. It's an economic hardship if you keep it as one piece, it's easier to sell half of it. DAWID HORTON: I've had it on the market for a little over a year and it's a case where anybody Who can afford something like this doesn't want the work involved. I've dropped the price about three times and I' haven't had a bite yet. It's a case that if I drop the price low enough, then you'll get some guy who comes in and bombs it up and then doesn't care what happens to it. Southold Town Board of Appeals -27- February 17, 1977 THE CHAIRMAN: An¥~one else wish to speak? FRED HULSE, JR.: Are you going to try and dispose of both halves then? DAVID HORTON: I'd like to dispose of one half, whichever one, it really doesn't disturb me. I've got a large family and I'd like to build myself a home, I need the room. THE CHAIRMAN: On this property? DAVID HORTON: No. GARY OLSEN, ESQ.: And the property does front on two public roads, it would lend itself easily to the division. FRED HULSE, JR.: You live in the house now? DAVID HORTON: Yes, I live in the big house. THE CHAIRMAN: Anyone wish to speak against this application? MRS. RUDECK: I own the property adjacent on the west side. My thought was, if someone does buy the side facing Jackson Street, could they subdivide that because there are two houses on there. Would that be possible? THE CHAIRMAN: I think that they could. FRED HULSE, JR.: But they couldn't put any more houses up. It wouldn't make a bit of difference. MRS. RUDECK: Except that when you take a piece of property and divide it into half the size, you're new getting it down to a ~alUe~such~s~if-ferent type of tenant would be interested in. Tha~ Was-my concern .and why I asked if that was possible. I was of the opinion that it couldn't be divided once it was purchased. THE CHAIRMAN: Well, it's too small under existing zoning, but these situations existed long before zoning. That's why there's a Board of Appeals. CHARLES GRIGONIS, JR.: Chances are that unless there were a lot more lots of that same type in the area ... DAVID HORTON: There's nothing else like it there, except Mr. Kappel has a little garage next door that he rents out too, he's got a bungalow on his property. THE CHAIRMAN: It's an area where there are quite a few rental units. Actually, I think that if you could find a buyer who would be interested in rental income, I think this is going to be a good division. Anyone else wish to speak? Southold Town Board of Appeals ~28- February 17, 1977 After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing dwellings, south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New ~ork. The findings of the Board are that th£si~_situa- tion existed prior to zoning. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, David and Hermine Horton, New Suffolk Avenue, New Suffolk, New York, be GRANTED permission to set off lot with existing dwellings, south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. Eleven (il) Sign Renewals were reviewed and~<~-approved as submitted. On motion by Mr. Grigonis, seconded by Mr. H~lse, 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, March 10, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that a special meetinq of the .SouthoId Tow~ Board of Appeals be held at 11:00 A.M. (E.S.T.), Friday, February 25, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Southold Town Board of Appeals -29- February 17, 1977 On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set 8:15 P.M. (E.S.T.), Thursday, March 10, 1977 at the Town Office, Main Road, Southold, New York as the time and place of hearing upon application of Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordi- nance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Avenue, Southold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railraod; west by George Ahlers & others. Vote of the Board: Ayes: M~ssrs: Gillispie, Hulse, Grigonis. On a motion regularly made and carried, it was RESOLVED that the Southold Town Board of Appeals GRANT permission to the Southold Fire Department to hold their carnival on the Fire Department grounds from August 2, 1977 through and including August 7, 1977, subject to the ~ondition that the posters can be erected no sooner than two weeks prior to the event and m~st be removed no later than one week after the event Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. The meeting was adjourned at 9:50 P.M. (E.S.T.) Re~ectfully~submitted, Mar~/E. Dawso Secretary Robert W. Glll~sple, Jr., Cha~3~/~an