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HomeMy WebLinkAboutZBA-01/27/1977 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Rober'c Bergen Charles Grigonis, Jr. Serge Doyen;. Jr. Fred Hulse, Jr. Southold Town Board of Appeals -~OUTHOLD, L. I., N.Y. 11~71 Telephone 765-2660 MINUTES $outhold Town Board of Appeals February 4, 1977 A special meeting of the Southold Town Board of Appeals was held at 11:00 A.M. (E.S.T.), Friday, February 4, 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 January 27, 1977, meeting at which time one (1) application was reviewed and approved for hearing on February 17, 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, February 17, 1977, at the Town Office, Main Road, Southold, New York as the time and place of hearing upon the following applications: 8:15 P.M. (E.S.T.) - Arnold & Diana Gardner; Appeal No. 2245. 8:25 P.M. (E.S.T.) - James J. Murphy; Appeal No. 2248. 8:40 P.M. (E.S.T.) - Beatrice Eastman; Appeal No. 2247. 8:50 P.M. (E.S.T.) David & Hermine Horton; Appeal No. 2249. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. The meeting was adjourned at 11:40 A.M. (E.S.T.) Respec?fully submitted, Mary~E. DaWson Secretary APPEAL BOARD MEMBEES Robert W. GilHspie, Jr., Chairman Rober~ Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board o£ Appeals -qOUTHOLD, L. !., N.Y. 11971 Telephone 765 -.~660 MINUTES SOUthold. Town Board of Appeals January 27, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, January 27, 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: Bob Werber, Long Island Traveler-Mattituck Watchman. Mr. Fred Hulse, Jr. arrived at 7:40 P.M. PUBLIC HEARING:. Appeal No. 2234 - 7:40 P.M. (E.S.T.) upon application of George N. Terry, 600 Highwood Road, Southold, New York for a.variance in.accordance with the Zoning Ordinance, Article iii, Section 100~30 and Bulk Schedule for permission to construct addition with insufficient setback. Location of prop- erty: Highwood Road, Southold, New York; Lot No. 7, Highwood at Bayview; Map 95547. 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: John J. Chirichella & wf.; Roman J. Wilinski & wf.; William F. Koob. THE CHAIRMAN: The application is accompanied by a sketch by Van'Tuyl, surveyed March 2~5, 1976, indicating that, originally, the~ house was 35' from Highwood Road, and to put this deck on, you need a reduction of 3' The Board inspected this, and when I was out there, it was obvious that you have a topographical hardship. Is there anyone present who wishes to speak for this application? GEORGE N. TERRY: When we originally planned the house, I had already included the setback for the deck addition. Due to Southold Town Board of Appeals January 27, 1977 the size of our family, I added 8' to the overall front dimension of the house. THE CHAIRMAN: You changed it after you got started? You added onto the south end? GEORGE N. TERRY: It brought it forward. an encroachment of 3'. Right, actually it's the whole front. Now, to complete the deck, it would be THE CHAIRMAN: You'll have access from the front door out those sliding glass doors. GEORGE N. TERRY: Right, and also the steps. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is there anyone who Wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition with insufficient setback, Highwood Road, Southold, New York. The findings of the Board are that the applicant suffers a topo- graphical hardship. 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. Gillispie, it was RESOLVED, George N. Terry, 600 Highwood Road, Southold, New York, be GRA/qTED permission to construct addition with insufficient setback, Highwood Road, Southold, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2243 7:50 P.M. (E.S.T.) upon application Of Joseph S. Czartosieski, RR1 Box 194A, Southold Town Board of Appeals -3- January 27, 1977 Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (1) a,b,c,d for permission to conduct home occupation. Location of property: north side Main Road, Cutchogue, New York, bounded on the no~th by R. Asselta; east by J. Faszczewski; south by Main Ro.~d; west by R. Asselta. 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 f~om the Town Clerk that notification by certified mail had been made to: Ralph M. ASselta; J. A. Faszczewski. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? Is Mr. CZartosieski here? (There was no response.) Is there anyone present who wishes to speak against this application? J. Al ~F~SZ~~ . Yes, I would, I'm the next door neighbor. I would like it~'opp~e it on two accounts. One, there's business property available to conduct a business from d'lfferentustores~ on the east and west side. THE CHAIRMAN: Where's that? J. A. FASZCZEWSKI: MattituCk, Cutchogue, businesses east and west. THE CHAIRMAn: Oh, you mean any store on Long Island. J. A. FASZCZEWSKI: Like Hills' shopping center, so on down the line. ~wo, I oppose it on, it's impossible for Mr. Czartosieski to conduct his business from his house being in the upholstery business. ~e.only could take 30% of the first floor area of the main bU~ldinu. With the sewing machines and all that, it's im- possible, and with the material that he has, and he'll ask for a sign and so on, I don't see why we should grant it. THE CHAIRMAN: A sign is not permitted. The applicant cannot use more than 30%, that's the guideline. It is a .~ing and sometimes home occupation, and in an a~ea like this ~.. you say he has machinery? J. A. FASZCZEWSKI: Sewing machines, benches and all, if he upholsters a couch, he'll bring the cou~h in, I can't put it in my house even, I've got a house three times as big as his. Southold Town Board of Appeals January 27, 1977 THE CHAIRMAN: Is there anyone else who wishes to speak against this application? MRS. MERDO: I live across the street. We have quite a nice section there and we don't want to have all these truckings and things coming in, we pay taxes for the nice section that' we're in. In the first place, as Mr. Faszczewski says, that place is awfully small, I don't know how he could live there and do outside work. That place is very small, there's no parking there. He's just had repairmen there now, and he's had trucks and trucks that parked on our side because there is no plac~ there. THE CHAIRMAN: Anyone else wish to speak? LOUIS T. V~RDERESE: The area is residential and we would like to keep it residential. Besides which, my neighbor had already made an application for conducting a business in his place, the neighbor to the west, and that was denied him. I don't see how you can deny it to one and give it to another. THE CHAIRMAN: Your neighbor to the west~ Who was that? LOUIS T. VERDERESE: Slater. THE CHAIRMAN: The purpose of one of these hearings is to extract inf~ormation. Of course, the applicant isn't here to speak for himself. Generally, we try to be as liberal'as pos- sible in in~erpreting?hom~C~uPa~ion- but it's a difficult thing. I think that what the Board should do is postpone this hearing until the applicant can come in, but in view of what has been said, I would think the Board would probably have to act unfavorably on this. It depends on the amount of machinery and so forth. MRS. MERDO: May I ask you why he isn't here? THE CHAIRMAN: I don't know. MRS. LOUIS VERDERESE: May I make a comment on his reasons for wanting to conduct a business in the home? He claims it would be a hardship for him to locate someplace else. I agree with Mr. Faszczewski that it wouldn't be a hardship. THE CHAIRFIAN: Maybe it would. MRS. LOUIS VERDERESE: Well, I'm sure that you can find ... THE CHAIRMAN: I suppose it's monetary, I don't know. Has he owned this house long? MRS. LOUIS VERDERESE: No, he just bought it. $outho!d Town Board of Appeals -5- January 27, 1977 J. A. FASZCZEWSKI: He just bought it with the idea of operating from the house. MRS. LOUIS VERDERESE: He could probably have his business where he had it before. The building's empty, I'm sure he could rent space there. THE CHAIRMAN: I understood that he was thrown out of there, I don't know why. J. A. FASZCZEWSKI: The building was sold, and he's still in the building yet until such date as they have selected, I don't know what it is. MRS. LOUIS VERDERESE: You know, if you allow one, before you know it the whole Main Road will be ruined. MRS. MERDO: That section is really so nice and residential, it's the only part we have, and I think every tenant has kept their homes beautiful. THE CHAIRMAN: There are some home occupations, there are doctors, lawyers ... MRS. LOUIS VERDERESE: But they're permitted. THE CHAIRMAN: They are considered a home occupation, yet many times patients use far more parking than the doctor pro- vides, not so much in this town, but in other towns. MRS. LOUIS VERDERESE: Well, we have a doctor's office. THE CHAIRMAN: These things have reasons for being, and these people have rights, too, as well as people who have home occupations. MRS. LOUIS VERDERESE: Well, I think it would detract from the residential character of the neighborhood. LOUIS T. VERDERESE: You just might as well make the whole thing business then. THE CHAIRMAN: No, I wouldn't say that. This type of home occupation ... I don't want to get into a discussion of this because ... MRS. MERDO: If he had parking space, he'd have to have everything parked right out on the road. All he can get is his own car in the driveway. ~RS'~ LOUIS VERDERESE: I don't aonsider the upholstery business a home occupation. Southold Town Board of Appeals -6- January 27, 1977 THE CHAIRMAN: A lot of these things are debatable. (The Chairman discussed terms such as "home occupation" and "marina".) You can't categorize things as easily as they do in a zoning ordinance. Otherwise, you wouldn't need a Board of Appeals. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that this hearing be ADJOURNED until 7:30 P.M. on February 17, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2236 - 8:00 P.M. (E.S.T.) upon application of Sterling Nurseries, Inc., Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition witk insufficient side-yard setback. Location of property: north side Main Road, Cutchogue, New York, bounded on the north by other land of applicant; east by S. & E. Realty; south by Main Road; west by J. Scott. 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: S. & E. Realty; Mr. John Scott. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? PETER STERLING: I don't have anything to add to it except it really does produce some hardship,~a$ the point I made in there, in the saleability of pla~ts. We've never been ab.~e to use this area for anything, it just sits there, we pay taxes on it, it looks lousy all the time, except in the f~ont. THE CHAIRMAN: Is there any reason why it would have to be on the east Side? PETER STERLING: Well, we're just so wide. THE CHAIRMAN: Well, what about over here on the north side? PETER STERLING: On that side we have a greenhouse display, we always had bird baths and that sort of thing, it leads around Southold TOwn Board of Appeals January 27, 1977 to the greenhouse. We don't have the area for a ground display there. THE CHAIRM~N: I believe your family home is on the right- of-way, you own the right-of-way and Hills has part? PETER STERLING: Right. THE CHAIRMAN: Back here is the original residence. Anyone else have anything to add? It's in the "B-i" zone. (There was no reslponse.) Anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition with insuffi- c~en~ side-yard setback, Main Road, Cutchogue, New York.. The findings of the Board are that the applicant will still have more than sufficient side-yard area for the "B-l" zone. 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 n&ighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie~ seconded by Mr. Hulse, it was RESOLVED, Sterling Nurseries, Inc., Main Road, Cutchogue, New York, be GRANTED ~ermission to construct addition with in- sufficient side-yard ~etback, Main Road, Cutch0gue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. 8:05 P.M. (E~S.T.) review of Henry C. Scherz application for a variance to d±v-ide ~roperty with~inSuf~icient area, Pinetree Road, Cutchogue, New York. THE CHAIRMAN: A~ the last meeting of the Board of Appeals on De~ember 22, we he~d the hearing on Henry C. SCherz, 37 Lotus Lane, Westbury, New YQrk and, after some hesitation, we decided to hold the hearing even though Mr. Scherz had asked us to Southold Town Board of Appeals January 27, 1977 postpone it. He didn't give us any reason except that he couldn't get here. Some other people had telephoned the secretary, and she thought that we ~ould probably postpone it, but we didn't do what our secretary thought we would do. It's ~oo noisy in here, can you close the door? (The door was closed.) So Mr. Scherz had asked us to postpone the hearing because he couldn't be here. Some other people had telephoned the secretary, Mary, and she said that she thought we would prob- ably postpone the hearing, but we were unable at that moment when the hearing came up, on December 22, to determine when our next meeting would be. As you can see, two members are not here mow. One was going to Colorado, one was going Upstate, New York, and another was going to Florida, and we were trying to clean up last year{s business. We have had a lot of experience with the division of property, and we thought we could anticipate some of the objections to it. I assume, Mr. Scherz, that you have not changed your m/nd about what you want to do, you still want to divide the property. For the benefit of the people who weren't here, we will go over it again. We made a decision that night, it hasn't been signed yet. (The Chairman reviewed the legal notice, application, etc.) Now, the Board did act favorably on this decision, and I understand that some of the people who were apparently in opposition to this went to the Supervisor ... WILLIAM RAFFERTY: I did. THE CHAIRMAN: And complained that they hadn't had an opportunity te be heard. The hearing was entirely legal, but now we are, we would be happy to give you an opportunity to ask questions or object or whatever you want to do. Is there anyone present who wishes to speak against this application? (Mr. Rafferty gave the Chairman a letter.) You want me to read this? WILLIAM RAFFERTY: You can if you wish. THE CHAIRMAN: "I'm not questioning the variance, but the method used to grant it. Are we 'serfs' under a 'king' and ruled by decree or is this, the Town of Southold, a democracy?" I'll tell you how much a democracy this is, Mr. Rafferty. If you can get me fired, I!ll be happy. We have made every effort on this Board to eliminate as much~bureaucracy and red tape as p0s~ible. Southold Town Board of Appeals -9- January 27, 1977 Some of the things that happen in connection with zoning accidents taking a year or two years or even three years are absurd. In fact, they inhibit an action. Justice delayed is justice denied. That was another reason for our acting on December 22 in a legal manner. Is there anyone else who wishes to speak in connection with this? J. KIRWIN: The only thing I really resent is the fact that the neighboring property owners were not notified. I think that the Board of Appeals has guidelines which they ... THE CHAIRMAN: We have guidelines, but we are not required to withhold an action because of notification. Otherwise, we would never get anything done here. J. KIRWIN: I think a couple of people did get notification through the mail. THE CHAIRMAN: The people who were notified are listed here. Januskiewicz, Peterman, and Gesele. Adjoining property owners are the only ones required to be notified. Actually, I don't think it makes any difference. This is an action that ... I have a three-page opinion here, a legal opinion, which we obtained earlier in the year relating to area variances on small lots. In other words, you cannot enter a %own, a zoning authority cannot enter a town and create two acre or four acre or five acre lots. That sounds great on paper but when you apply it to what is in the town, it's impossible to create that size lots, particularly in an older area. The courts have ruled that the surrounding area determines what can be permitted, and if a person comes before us in a hearing we look at the surrounding area. J. KIRWIN: I understand that. I have property where you people declared there was no hardship. I had two pieces joined together though they were of the minimum size, but the regular size of that Whole Nassau Farms area. You come up with a Master Plan and then you go ahead and 'start breaking it all up. I know for a fact that Stanley here was willing to buy a piece of that property from Mr. Bourgouignon and, if I'm not mistaken, he applied for a variance. He was turned down on it. Are we right in that matter? CHAIRMAN: I don't think it could have been for this. don"~think he was ever before this Board. HENRY C. SCHERZ: I asked Mr. Bourgouignon about that and he s&id no. J. KIRWIN: We all lie for our own benefit sometimes. MRS. AQUILINO: I don't understand, is Mr. Scherz going to build a home for himself? Southold Town Board of Appeals January 27, 1977 HENRY C. $CHERZ: I have the plans in my pocket. I a~ going to live there myself. The other property is going to be for my daughter. I'm not looking to speculate. MRS. PETERMAN: Then I withdraw my objection. HENRY C. SCHERZ: I mailed notices to everybody that abutted the property from what I got ou~ of the tax map here. There were four altogether. A young lady in the other office said that is all there are. MRS. AQUILINO: We didn't get one, we live behind the property. HENRY C. SCHERZ: I mailed to somebody back there. MRS. AQUILINO: That was Gesele. HENRY C. SCHERZ: There were four notified. THE CHAIRMAN: As far as we're concerned, the fact that you did not notify the fourth one does not affect our action. If you had not notified anybody, if would not affect us. HENRY C. SCHERZ: May I say this, I did not think I was going to have any controversy. I have been going through the area looking for a piece of property and I have seen some of the houses that were built on small lots. I happen to be in the contracting business myself, I do custom alterations and I build an occasional home. I am not speculating, I'm building this for myself. I could understand the animosity toward me if I was going to build a couple of ... THE CHAIRMAN: I don't think there's any animosity toward you, it's directed to the Board. MRS. AQUILINO: According to the town maps, there are four lots adjoining the property. MRS. PETERMAN: We have been here eight years and we have already gotten an indication from our plumber that we're going to need a new well. We are concerned about the water and S'ewe~age. HENRY C. SCHERZ: I'm aware of that, too. I am very active in the Nassau County Fish and'Game Association on this very subject of density of population. THE CHAIRMAN: The problem that Boards of Appeals have, it's difficult~because people think that because you create one-acre zoning there will never be a house built On a lot under 40,000 sq. ft. in this town, and that is totally incorrect. Zoning is only Southold Town Board of Appeals -11- January 27, 1977 as strong as its weakest area. The weak areas are the pieces where small lots are developed. The lots in between those lots have to be developed, are usually developed. The effect of grading the zoning is to up-grade it for new areas, and I think the clearest example I can give you of this is what Brookhaven did. (The Chairman discussed the situation in Brookhaven Town.) WILLIAM RAFFERTY: I just don't understand this at all. THE CHAIRMAN: If you have a lot with a house on it that has been there 100 years, and another house that's been there 20 years with a vacant lot between them, say there are three . separate owners. Whatever the size of that lot, we have even had them down to 30', it is probably sometime going to be devel- oped because you would be depriving the man of_his property if he were not able to use it. The same thing applies to a man who has too much area in an area of 1/2 acre lots, which is approxi- mately what this is. WILLIAM RAFFERTY: An acre is more than 40,000 sq. ft. THE CHAIRMAN: 43,560 hut a zoning acre zs 40,000. WILLIAM RA~E~TY: That's a builder's acre. T~IE C~F~I~RMAN: It's not a full acre. This one here has about 32,00~~ Or 33,000 sq. ft. which is about 20% less than the 40,000 sq. ft. minimum. It's surrounded by lots, the one across the street is 110 x 233, the next four are the same size. WILLIAM RAFFERTY: To my knowledge, they were laid out about 15 years ago. You can't penalize people for laws that you've put through since. I mean, there's no point to it, you might as well throw the acre out. THE CHAIRMAN: Younger smarter as you get old, er. Around here, we started with 12,500 sq. ft. The Board of Health forced us into 20,000~ft. 10~s, then they forced us into 40~000 sq. ft. It wasn't any brilliance on the part of the Town of So~thold, the leadership or anything else. It was a fact of the scarci~ty of water, we were led by the nose by the Board of Health, so we'~e up to 40,000 sq. ft. There are a lot of places where there are smaller lots. Does that explain it all to you people, are there any more questions? WILLIAM RAFFERTY: As I said in the beginning, my main objection was the method that you used to grant this. THE CHAIRMAN: Well, I apologize for that. If some of you fellows that are lawyers would like to take this three-page opinion, I'll be glad to give it to you. Southold Town Board of Appeals January 27, 1977 MRS. PETERMAN: I guess that's about all we had to say. Thank you. PUBLIC HEARING: Appeal No. 2233 - 8:30 P.M. (E.S.T.) upon application of Harold Green, P.O. Box 54, North Road (CR27), Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (8) for permission to operate a labor camp. Location of property: north side CR27, Peconic, New York, bounded on the north by LILCO; east by T. Mrowka Est. & others; soutk by CR27; west by Peconic Homes Sub- division. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit's 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: T. Mrowka Est.; LILCO; Ciochetto; R. Martinsen; S. Tenedios; J. Rickert; L. Kastrinos; P. Arlowski; J. Skabry; J. Bokina. THE CHAIRFutN: You need two things to operate a labor camp. One, you have to have a permit from the Board of Health. He doesn't have it. Two, you have to have permission from this Board. Whoever~owns this camp has never applied to us. Those are two reasons that make the present camp illegal, there are others. CHARLES PETERSON: Is there a leas~ between the applicant and the owner? THE CHAIRMAN: I don't know, the owner isn't here, I don't know whether the operator's here or not. Is Mr. Green here? (There was no response.) CHARLES PETERSON: They must intend to build, and when you build you've got to have a long term lease. Isn't that~What was intended, to build and operate? THE CHAIRMAN: As I understand it, there are buildings there that are being used. CHARLES PETERSON: The present building is the one to be used? THE CHAIRMAN: That is being used. Of course, frequently these places are used as labor camps without anybody knowing. If there's no dist~=bance or difficulty, a lot of times you don't know about it. I' don't know how this one was discovered, Southold Town Board of Appeals -13 ~ January 27, 1977 I guess the Board of Health found them. They didn't meet any of the specifications for a labor camp or the multiple housing law, there are all sorts of reasons why this is an inappropriate spot for a labor camp. JOHN SKABRY: Up to how many unrelated people can live in there? In those shacks? THE CHAIRMAN: I don't know whether we've got anything on unrelated people or not. CHARLES PETERSON: It might be outside your province then to ... THE CHAIRMAN: I think I'd better finish this. (The Chairman finished reading the application, legal notices, etc.) The original date set for this hearing was December 22, but at that time we found the application was incomplete and that all the neiqhbors had not been notified. The owner of the property is Sfaelos Realty. MRS. LYTLE: They live on that land, in the red house. THE CHAIRMAN: One of the communications in the file is a~ssed to Harold Green on December 13th which is why we're haV~ng this hearing now. (The Chairman read the letter from the Board of Appeals to Harold Green informing him that he must notify all adjoznzng property owners. He also read the December 13, 1976, letter from the Board to Sfaelos Realty asking them if Harold Green had their permission to operate a labor camp on this property.) You got no answer to that? SECRETARY: He came in and said he was going to send me a letter or come in tonight. Mr. Terry told me he would be here tonight. THE CHAIRMAN: Neither of which he did. CHARLES PETERSON: Is there a possibility, because this is now operating as a labor camp, that it would be a continuing thing? No? GOod. THE CHAIRMAN: There's a letter here from the Southold - Peconic Civic Association which presents some objections about this application. Southold Town Board of Appeals January 27, 1977 "At a Regular Board of Director's Meeting of the Southold- Peconic Civic Association held January 24, 1.977, the Directors voted unanimously to ask for the disapproval of the above petition because 1. It is not on a farm. 3O B (8). (Article III, Section 100- Article XII-Board of Appeals 101-121 "A" It will prevent orderly and reasonable use of adjacent properties. "C"-Safety, Health and Welfare will be adversely affected. 2 "B"-The conservation of PROPERTY VALUES and the most appropriate uses of land will be adversely affected. The area is zoned residential-agricultural. Thus, we believe a labor camp for hiring of labor and not on a farm is a business and would first require a change of zoning. The above statements from the Code of the Town of Southold we fe~l are definite reasons for the denial of this application." There are also a good many signatures on these petitions, something ore= 100 I would guess, requesting denial of this application. Among the reasons for denial is because the ap- plicant wants to change the character of the district and so on. He wants to build and operate a labor camp hiring ou~ labor as a business. The premises of the application is hot a farm, no farming is conducted. The applicant obviously wants to get into the business of hiring out labor, which would require a change of z0n~ng which would change the character of the neigh- borhood, knoWn as "spot zoning" which is illeqal. That's the jist of the petition which is signed by many ~eople from the immediate area. It would be very simple if all we had to do is take a vote on these things, it's helpful to have a petition. Mr. Grigonis just asked me how many names are on~ them, it's a little difficult to count them. If it was just a question of 110 to 1, it woUld be very simple. JAMES NORMAN: Sir, I would like to ask a question if I may. I'm on~!~ill Lane in Peconic, I live in Floral Park, I drove here from F~=~1 Park tonight. I'd like to know., if this is a labor camp and you're hiring out labor, would this be similar to an employment agency and would they have to be licensed by the State of New York? THE CHAIPdViAN: No, if this were a labor camp, a commercial labor camp I s~uppose is what you mean, out here we make a difference between a farm labor camp on a farmer's property, it has to be closer to the farmer's house on an operating farm Southold Town Board of Appeals -15- January 27, 1977 than to the residence of any other person in the area. There is also a type of camp, a commercial labor camp, which is for grading potatoes and by packing houses, both on farms and in warehouses. So far as I know, we don't have any other types of labor camps out here-~in the Town of Southold, there may be, but I'm not familiar with them if there are. JAMES NORMAN: Does this fellow derive his earnings from leasing labor? THE CHAIRMAN: My understanding is that Mr. Green is a crew leader who probably brought his crew up, enlisted his crew somewhere in the south, Virginia or further south, I don'.t know. CHICK CI0CHETTO: Is he a licensed crew leader? They're supposed to be. THE CHAZRMAN: Not only that, but he has to be in a place where there's a permit for a labor camp. There is no permit for this labor camp. The owner of the property isn't here, apparently it was bought by a real estate company, this particular piece of property, and these old buildings are on..- it and he apparently rented them to Mr. Green. MRS. HENRY RADZIEWICZ: May we interject now? We are right smack in the back. HENRY RADZIEWICZ: Years back, this is going back to 1940, John Simione owned the land and it was farmed then. He put up these two shacks for two of his laborers at that time. After he quit farmzng, the land was sold to Sfaelos and, of course, after that nobody kept track of who was coming in and going out but quite a few of our neighbors noticed loads and loads of men coming in. THE CHAIRMAN: What that just this ~sa~? ~ HENRY RADZIEWICZ: No, this is going back three or four years. THE CHAIRMAN: Was this vacant for several years? HENRY RADZIEWICZ: I don't think so, I think it was always occupied. There was no farming on that land for, I'd say, quite a few years. THE CHAIRMAN: Is there anyone else who has anything to add here? there's no one going to speak for this application. Is Mr. Green , or Sfaelos? (There was no response.) Southold Town Board of Appeals -16- January 27, 1977 Anyone else have anything pertinent to add? As I told you earlisr, the Board cannot grant this application. CHICK CIOCHETTO: Well, what happens now, do we have to come back here every time this joker decides that he wants to file a petition for a labor camp? THE CHAIRMAN: This is the first time I've heard about it. CHICK CIOCHETTO: Well, we're here, today's the 27th. JAMES NORMAN: The quest'ion is, if he re~appiies, would you still have another hearing after this? THE CHAIRMAN: No, it's been denied once, we won't do it again. MRS. HENRY RADZIEWICZ: You're going to deny it tonight, is that what you mean? That isn't clear. THE CHAIRMAN: Yes, we're going to deny it tonight. CHARLES PETERSON: Then he can still operate under the same conditions? THE CHAIRMAN: No, he has to cease. The Board of Health notified us and asked us if we had given a permit to operate a labor camp there. That's how we got into it. The Building In- spector went out to see the labor camp and told the man that he would have to apply for a permit to operate it, that's why we're here tonight. CHICK CIOCHETTO: When are they going to get that bus off there, that's been sitting there for four or five years? THE CHAIRMAN: I don't know anything about that. CHICK CIOCHETTO: Well, there's an old bus that's been sitting there for about five years. If I take my car off the road, stick it in my own yard, I wouldn't be surprized to see the Zoning Board down there after me. THE CHAIRMAN: The Zoning Board is not an enforcement agency. If you want to make a complaint about it, you complain to Building Inspector, if it's a building ma~ter, or the police if it's a civil matter. CHI~CK CI0CHETTO: The point is, it's a residential community, it's no place for a labor camp, it's right in the middle of a residential come, unity, people pay h~h taxes over there, I want to see their interests protected. ~ust because some crew leader, Southold Town Board of Appeals January 27, 1977 Who's not even licensed to be a crew leader, wants to exploit migrants to make a fast buck, some landlord wants%t0 make a fast bu~k~ that's a lot of crap. (Applause from crow~.) · HE CHAIRMAN: I ought to let you write this, you could write it better than I can. More expressively anyway, because I'll have to put it in better language. MRS. LYTLE: May I offer the Board one point of information? I don't know whether you're aware or not, but Soundview Avenue already contains a very large labor camp. THE CHAIRMAN: Yes, we know. We held a hearing at which there were 300 or 400 people present, at Southold H~gh School. ~We're v~ry much aware of that. That was what originally started zoning an the Town of Southold, that labor camp right here behind I. M. Young's. After investigation and inspection, the applicant request~ permission to operate a CR~7, Peoonic, ~ew'York. The findings of 'the neither the applicant or the owner of the the hearing. The applicant does not have a labor camp from the Suffolk County Board finds that the nort'h side are that appeared at to operate eal~, and the present camp does not have permission to operate from the Southold Town Board of Appeals. The use will not be inharmony with or promote the orderly development of the surrounding area. The present location of the camp is not on an operatin~ farm; it is, · n fact, in a growing residential area. The residential character of the area and the probable residential development of the area is not a suitable location for a labor Camp. S~ch a camp would also tend to diminish property values in t~e entire neighborhoOd. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of nezghborhood~property and adjoining use distr~cts w~l be permanentl~ or sUbstantially injured and the spirit of the Or- dinaace will not be observed. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Harold Green, P.O. Box 54, North Road, Peconic, New York be DENIED permission to operate a labor camp, north side CR27, Peconic, New York. Vo~e of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. $outhold Town Board of Appeals January 27, 1977 PUBLIC HEARING: Appeal No. 2241 - 8:50 P.M. (E.S.T.) upon application of B. S~ackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordanbe with the Town Law, Section 280A for approval of access. Loca- tion of property: Aldrich Lane, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 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 C~erk that notification by certified mail had been made to: Frank J. Murphy; S. G. King; A~na Ciaglo; Marguerite Scholtz. Fee paid $15.00. THE CHAIRMAN: There is an affidavit in the file from Dominic J. Catalano which says that he is the "owner of certain property located at the northwest intersection of Aldrich Lane and Main Road, Laurel, Town of Southold, Suffolk County, New York, which is the subject of a variance application brought by B. Shackman & Co. for a lack of access variance and a use variance; and THAT I hereby consent to the application being brought in their name as contract vendee." The application is also accompanied by a sketch which seems to be out of scale. I don't know who drew this house in here, but it's two or three hundred feet long. GARY OLSEN, ESQ.: It's obviously out of scale. THE CHAIRMAN: The proposal is to provide an access for a house to be built on part of the 9.647 acre tract. The portion of the acreage adjoining the State Road 25 is zoned "B" Light Business. It extends from the southwest corner of the cemetery to Route 25. The way this sketch is drawn, part of the house is in the business zone. GARY OLSEN, ESQ.: The house would be off the business zone. THE CHAIRMAN: There is also a barn on here and.t~ere'~s also a house on the business portion of ~he ~e~y. {~here anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: Basically, what we want to do is just obtain approval from the Board to get access to build a house on the subject property from Aldrich Lane° We have frontage on Southold Town Board of Appeals -19- January 27, 1977 Aldrich Lane of 75.48' and rather than coming off of the Main Road, we'd like to access off Aldrich Lane and, accordingly, I think the variance is necessary. It would be a hardship if it was denied. THE CHAIRMAN: Do you know whether there are any plans to further develop this area? GARY 0LSEN, ESQ.: There is a minor subdivision presently before the Plannlng Board with two parcels in the business zone and two parcels in the residential zone, one obtaining access on the soUtherly end of the Laurel Cemetery AssociatiOn-and the other to obtain access off the northerly end. ActUally~ what prompted this application was the next variance that you're about to hear, Which is the one that we really want granted. THE CHAIRMAN: I was going to say that we ought to be talking about both of them hogether. I think the first thing you're going to have to do here is get a survey and define the lot area that you're going to use, it's got to be 40,000 sq. ft. See, what you've got to do is carve 40,000 sq. ft. out of nine acres. GARY OLSEN, ESQ.: We're really concerned about the second ppllcatlon. THE CHAIRMAN: The limited access and the access to this proposed new dwelling would have to be limited here in order to avoid the possibility of ... to make it perfectly clear that the access to this residence would be limited to this, unless you go for a minor subdivision. GARY OLSEN, ESQ.: We are in the process of doing it, but we want to close title to the property, they want to get going, and it takes a long time. THE CHAIRMAN: Well, let,s open this one up. ~PUBLIC HEARING: Appeal NO. 2240 - 8:55 P.M. (E.S.T.) upon ~on of B. Shackman & CO., 85 Fifth Avehue¥ ~ew York N~w York (Gary Olsen, Esq.) for a variance in ac- ce ~ Zoning~ Ordinance, Article VI, Section ~00- 60 A (1) ~ion to construct d~elling unit in business building. ~ation of property: Main Road, Laurel, New York, bounded on the Rorth by ~urphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciag~o and others. The Chairman opened the hearing by reading the application for a varianee, 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 C~rk that notification by certified mail had been made to: Frank J. Murphy; S. G. King; Anna Ciaglo; Marguerite Scholtz. Fee paid $15.00. Southold Town Board of Appeals January 27, 1977 THE CHAIRMAN: The proposal on this application is, I assume, to continue the residence that's already on the premises. GARY OLSEN, ESQ.: No, the proposal is ... THE CHAIRMAN: I understand the barn. There is an old residence? GARY OLSEN, ESQ.: There's an old residence. What they're going to do with that at this point, I don't know. I don't know whether it's worth doing over or not, they haven't made a decision on that. THE CHAIRMAN: The reason I asked the question is that I think you have an option here of one residence and one business as the prope:r.ty exists, or three businesses and no residences, except for the apartment in the barn. You see, you have frontage here of 269' and "B" Light Business requires 20,000 sq. ft. so you could get three businesses here. I think that the Board would be justified in granting the variance requested for living in the renovated barn providing that the parking area is as large as it's supposed to be. But I think you need a survey and delineate the uses. You've got about 78¥000 sq. ft. GARY OLSEN, ESQ.: As I said before, we do have a minor subdivision pending before the Southold Town Planning Board and I can show you what was submitted. Basically, it's to divide the business zoned property into two equal pieces, only two. That's the way it's being presented. THE CHAIRMAN: And you're going to ignore this residence because if you were going to use this residence, you have to provide 40,QOO.sq. ft. I don't know whether we figured this accurately or not, we came up with about 78,000 sq. ft. If you ignore the residence, you could have three business prop- erties. The way you presented it to the Planning Board is to divide it in half. GARY OLSEN, ESQ.: Right, two business pieces. That seems to be what they're interested in. THE CHAIRMAN: Well, if you're going to keep that residence, you should provide at least 40,000 sq. ft. for the residence portion. GARY OLSEN, ESQ.: The property is valuable to them because it is zoned business, obviously, and I would assume that, I don't think they know at this point what they're going to do with the other piece that has the dilapidated house on it. THE CHAIRMAN: You can just barely see the house, has it been unoccupied for a long while? Southold Town Board of Appeals -21- January 27, 1977 GARY OLSEN, ESQ.: Yes. THE CHAIRMAN: Well, I don't think the Board has any o~jection to what you propose, but I think we!ye got to ~sp~tl it out some way. I don't know how to act, ex'tit!y,~ unless ~ put it in general terms. 40,000 should be provided for the tot which is to surround the present abandoned residence~a~d the balance of the property shall inure to the combination business and residential use. GARY OLSEN, ESQ.: The other 28,000 sq. ft. That would only be if they were going to use the dilapidated house parcel as a residence, is that right? In other words, if they wanted to use that for business, it wouldn't have to have the 40,000 sq. ft. THE CHAIRMAN: No. They couldn't live there. GARY OLSEN, ESQ.: As I said, what they're interested in now~is renovating the barn and I'm sure they'll do an extremely attractive job on it. It's only economically feasible for them to do it at this point if they can have the residential use above, which you've indicated you have no objection to. THE CHAIRMAN: But we do have to determine What 40,000 sq. ft. is going to apply to this residence. It's got to be defined some- where, do you see what I mean? We had a case where there was a woman with a big house on about 25 acres~ She wanted to make it into a double house. The requirement for a double house is 80,000 sq. ft., so we had to set off 80,000 sq. ft. around that house that could never be subdivided. We'll have to set off whatever you want to make the lot around the propossd residence, do you see? I realize t.hat it's a li%t~c~f~sing. GARY OLSEN, ESQ.: I don't see where this has anything to do with the other residence until we come to use it for a residential purpose, this application. THE CHAIRMAN: Which application are you talking about, the first or the second? GARY OLSEN, ESQ.: Quite frankly, if ~ppr¢ second application, I will withdraw the firs~ )n, would that make it easier? We only submitted it ~t that you denied the second application, ~e would have this pending so that we could build a house. So, I'll withdraw the first application. (Appeal No. 2241 was withdrawn.) FRED HULSE, JR.: What we're considering now is the old barn with an apartment in it? GARY OLSEN, ESQ.: Right. Southold Town Board of Appeals -22- January 27, 1977 THE CHAIRMAN: I don't k~ow wkat the size of the barn is, does anybody know the size of the barn? (There was no response.) It's a pretty big barn. FRED HULSE, JR.: You'll have to have a lot of antiques to fill it up. THE CHAIRMAN: One of the things will be that you have to have, I'm not sure what size parking facility but it would have to be at least minimum size for an apartment. GARY OLSEN, ESQ.: It would be, I'm sure. THE CHAIRMAN: I'm not sure what the size for an aDa~tment is, it's 850 sq. ft. for a dwelling, but what is it for an apartment, do you know? SECRETARY: I think it's the same. THE CHAIRMAN: It seems to me we had it once before. We ran into, in Cardboard City, where we granted smaller apartment sizes than 850 sq. ft., that was before the Ordinance was changed. Anyhow, it would have to be at least 850 sq. ft., unless I'm wrong. FRED HULSE, JR.: Those are also pre-existing apartments over there. GARY OLSEN, ESQ.: I have a survey prepared by Young and Young showing the barn, I would assume it's to scale, I don't have a ruler. (The Board discussed the survey.) THE CHAIRMAN: Now, you want to explain to us again how you propose to divide this, assuming that this application is granted? GARY OLSEN, ESQ.: Atlot of it depends on What the Planning Board is going to do. The proposal is to have two parcels in the business zoned piece. The piece with the barn would have 33,000 sq. ft. and the piece with the dilapidated house Would have 32,000 sq. ft. Then there would be two parcels in the residential zone. THE CHAIRMAN: Have you got the square footage on.those? GUY OLS. EN, ESQ.: 32,000 on the easterly half and 33,000 with the barn kalf. That's how it's )resented but, again, it's not approved. It may be withdrawn, I don't know. Southold Town Board of Appeals -23- January 27, 1977 THE CHAIRMAN: Well, we can approve this providing that you're not going to use the old d~elllng residentially. GARY OLSEN, ESQ.: Unless we give it 40,000 sq. ft.? THE CHAIRMAN: Right. GARY OLSEN, ESQ.: I'd prefer it if it could be approved without getting into How we're going to divide it, because then we could always come back and get the Board~ approval on the division. What we're asking for, basically, is to have living quarters up in the barn. FRED HULSE, JR.: I was going to say, why divide it at all? Right this minute, I mean. GARY OLSEN, ESQ.: That's what I'm saying, I'd hate to pin them down on how it's going to be divided. FRED HULSE, JR.: It's not necessary if this is not used. GARY OLSEN, ESQ.: If they want to use the other piece, I should think that we would come back. FRED HULSE, JR.: Now, we can just approve the living quarters in a business district. GARY OLSEN, ESQ.: Because they're so uncertain as to what they want to do in the future, all I know now is they want to get this business going in the barn. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct dwelling unit in a business building, Main Road, Laurel, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that s.trict applicatioh 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. Grigon±s, it was Southold Town Board of Appeals -24- January 27, 1977 RESOLVED, B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) be GRANTED permission to construct dwelling unit in business building, Main Road, Laurel, New York, as applied for, subj.ect to the following conditions: The apartment to be created in the second floor of the barn over the antique shop shall be not less than 850 sq. ft. The abandoned residence on the easterly portion of the property shall not be used for residential purposes unless it is set off on a lot of. 40,000 sq. ft. in area. Vote of the Board: Ayes: Messrs: Gillispie, Hu!se, Grigonis. PUBLIC HEARING: Appeal No. 2237 - 9:15 P.M. (E.S.T.) upon application_of H. Marshall Frost, West Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, SeCtion 100-30 and Bulk Schedule for permission to change property lines. Location of property: south side West Road, Cutchogue, New York, bounded on the north by West Road-ahd Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dit%me~. 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: Mr. and Mrs. John Greenfieldt; Mr. ~rank Hetzer, Pres., Pequash Club; Mr. and Mrs. Edgar Knauth. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? The H. Marshall Frost property has two houses on it, both on the easterly side of the property, and the Howard M. Frost property has a single dwelling on it, halfway back from the~road. Is there anything to add to this? H. MARSHALL FROST: In case those names are confusing, they're both me. The original property is owned jointly by my wife and me. The acquired property to the east of us is only in my name. THE CHAIRMAN: This is the first property, the property to the east? H. MARSHALL FROST: The property to the west was the first property. The property to the west was 75', the prQperty which was acquired last spr±ng is 100'. It is our inte~t~on to change it by raquesting permi.ss~n to take 25~ fr~m the t00~ and put it on the 75' to that 5e~ween the two properties will be a road to let us in and out. Southold Town Board of Appeals -25~ January 27, 1977 THE CHAIRF~AN: Mill th~s l~ne run 25' down the full length of the property? MARSHALL FROST: Yes. THE CHAIRMAN: You will then abandon the access to the West? H. MARSHALL FROST: That is paved, and whether that will be finally abandoned or whether it will be used to come in, it's not difficult to come in, climbing up the hill and so on is the problem. THE CHAIRMAN: This new access will be attached to the property to the west. H. MARSHALL FROST: The new access will be attached to the east of our proper~y. It will become part of the westerly portion. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the appllaant requests permission to change property lines, south side West Road, Cu~chogue, New York. The findings of the Board are that this change will not affect the density of the area o~ the physical locations of the houses. The ~oard 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 th~ neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Griqonis, it was RESOLVED, H. Marshall Frost, West Road, Cutchogue, New York be GRANTED permission to change property lines, south side West Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, ~ulse, Grigonis. Southold Town Board of Appeals -26- January 27, 1977 PUBLIC HEARING: Appeal No. 2235 ~ 9:25 P.M. (E.S.T.) upon application of Steven and Mary Ciel'usn'iak, 380 Platt Road, Orient, New York for a variance in accordance W±th the Zoning Ordinance, Article III, Section 100,30 and Bulk SchedUle for permission to divide property with insufficient width and area. Location of property: west side Platt Road, Orient, New York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by W. Terry, Jr. 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: William Y. Terry, Jr.; Constantine Bondarchuk. Fee paid - $15.00. THE CHAIRMAN: The property is on Platt Road :in Orient. There is a survey by Van TuYl indicating some of the development within a 500' radius of the center lot. The County Tax Map indicates that these three lots on Platt Road are all identical size~ 100' x 125' and on the southerly side, the same side of the road, is a lot 150' x 125' and approximately ~400' or 500' away a~e a n~mber of lots of the same size or smaller on the northeHly side of RoUte 25. There are a couple of lots across the ~tree% at the corner of Platt Road and Route 25 which are 110', 104', 92', approximately 10,000 sq. ft. each. Is there anyone present who wishes to speak for this application? IRVING L. PRICE, JR., ESQ.: I represent Mr. Cielusniak in this application. I have the three separate deeds all recorded a% separate dates. I happen to have been the attorney for the seller, Mr. Cielusniak was represented by two different attorneys.~ I know that this wasn't planned at all, it's just a proposition of having the money available, you buy a~iot when you have the money, and he bought what were legal zoning lots then. He had no intention of being in front of the Board on January 27, 1977, trying to justify the lots that he purchased back in '64 and '66. T~E CHAIRMAN: Well, I think that you're correct. Probably the aPpLicant has an airtight case here for what he wants to do, and after consulting with the Town Attorney, we wondered why he needed a variance at all to sell these lots. (The Board discussed a similar case.) IRVING,S. PRICE, JR., ESQ.: I've been representing a case here in Southold Town t'hat you're pro~ably aware of, Dr. Mastrosimone and h~s w~fe~ who apparently d~d divide their property three ways, one jointly, one in the husband's name and one in the wife's name. He, unfortunately, dropped dead Southold Town Board of Appeals -27~ January 27, 1977 but it was common ownership and I think this is to forestall any situation like that. THE CHAIRMAN: I think that Hempstead case was>~even less clearcut than this one. A man and his wife owned three adjoining lots jointly and they also owned, these were all undersized and they kept increasing the size of the lot. There was a fourth lot which one owned and a fifth lot which the other owned. The Board of Appeals in Hempstead ~enied them permission to use these. So, it was settled very early on;-but our case here is a lot clearer.~ IRVING L. PRICE, JR., ESQ.: Mr. Cielusniak came in my office, I believe he'd been advised that he had to do this, and I was glad to accommodate him. THE CHAIRMAN: I suppose that if the Building Inspector denies something, you come to this Board. I would be glad to hear from anybody else who wants to speak for this application. (There was no response.) Anyone wish to. speak against this application? I'll read the letters I have here. (The Chairman read the January 27, 1977, letter to the Board from William Y. Terry, Jr.) THE CHAIRMAN: There is a quarantee that this won't lead to a trend in undersized lots because you couldn't create a new lotf that's under 40,000 sq. ft. I think that what people tend to think of is that when the zoning requirements for lots are increased that it automatically applies to everything in the Town, it doesn't. In this case, it seems that the applicant has an absolutely perfect case for what he wants to do. As Mr. Price said, possibSy he would have bought many more lots if he could afford it. Who sold him the land? WILLIAM Y. TERRY, JR.: Unfortunately, I did. THE CHAIRMAN: You must have known, Bill, the size of the lots you were selling, but that's neither here nor there. All this is. very nice, but irreveiant. WILLIAM Y. TERRY, JR.: I know, but you have to fight something like that when you're against it. THE CHAIRMAN: There's another letter here. (The Chairman read the January 23, 1977~ letter from Mrs. Winifred E. Pardo, and also the January 26, 1977, letter from Joseph Hataier.) Southold Town Board of Appeals January 27, 1977 JOSEPH HATAIER: I~d like to ask a few ~uestions. One of them is, how do you determine hardship? WILLIAM Y. TERRY, JR.: It's a case of priority, Joe. It"s a hardship to us and a hardship to him, but he's the one who's going to win. THE CHAIRMAN: Well, that's one answer. Everybody is con- sidered to have financial hardship so, generally speaking, the courts do not consider financial hardship as a reason for granting a variance. They do make a distinction hetween~financial hard- ship and something that would cause economic loss. This would obviously be an economic loss. WILLIAM Y. TERRY, JR.: And to us also, our property is being devalued. THE CHAIRMAN: But you see, you're asking your.neighbor to upgrade your property without your spending a dime~ That's putting the shoe on the other foot. Unusual hardship~ sometimes, is topographical, slope of the land, or a ravine. The shape of the area. Of course, that doesn't apply here, this is like Kansas, perfectly flat. A unique hardship is one that is not duplicated in the immediate ... JOSEPH HATAIER: I mean on this particular piece of property. THE CHAIRMAN: Our councelor's opinion, our legal councelor, is that this doesn't even need a variance. This fellow,s selling two small lots that were acquired legally, it's asi~h~ugh~thi. S! fellow owned a single lot for 50 years a~d Wanted G0-S~ll i~, he doesn't have to come in here for a variance. an fact, he wanted to rent or buy some property off of my son. My son bought this property to eventually build, on it and retire and he figured he'd found a nice piece of proper~y, he Put every- thing he had into it, he's trying to pa5 he's started an orchard. Something like this, to develop on Platt Road, he wouldn't want to Put ~ there. THE CHAIRMAN: When did he buy the property? JOSEPH HATAIER: I'd say about five or six years ago. THE CHAIRMAN: These lots existed then. If he were that concerned about the neighborhood, he could have inquired. In other words, let the buyer beware. If you don't know what's Southold Town Board of Appeals -29- January 27, 1977 around you, you can't really blame somebody else if you buy a piece of property. If he d~dn't know tkat tkese lots existed, it's not our fault. JOSEPH HATAIE~: I believe he was under the wrong impression. He figured that this gentleman was going to keep that and use it for farming. THE CHAIRMAN: Of course, what a man says he does and what he does are two different things. What we're concerned with here is what can be permitted. JOSEPH'-HATAIER: If this man can do what he wants there, can my son break up his property into quarter acres? THE CHAIRMAN: No. CHARLES GRIGONIS, JR.: The other man wouldn't have been able to sell it that way today either, Joe. THE CHAIRMAN: The seller is equally responsible to the Zoni~q Ordinance. He may not sell a portion, an illegal sized lot, or ~eave a lot that's illegal in size. JOSEPH~HATAIER: Don't you think this is a little unfair, one hard shOuld.wash the other? TEE:CHAIP~: No, this is the c~earest-cut case I've ever seen. The ~aw changed since, you ieee. ~n ~' Or "~9, I guess it wa.s~ 20,0i00 isq~. ft.. It Was ab6ut '7.1 · 40 ft. As I told the other people thi~ the Town was literally the ts. It was the Board of 20, on subdivisions and to be 21( sq. f~. Then the Board sq. ft.1' Thils a r.esutt of water studieSi. new lots there'~s absoi Hea~th-or or Jimmy Carter or exi protected by United can't deprive a man of the use of his prop- erty. You can ~tetl him what he can build on it,. but if you told him back then that he could build on it, then you can't chanqe it later. I don't know whether that explains it or not, it's an open and shut case really. to about ~ nose to required all lots had ~0,000 that's for Board of ge of the WILLIAM Y. TERRY, JR.: I know this is an act of futility, but I'd like to ask a couple of questions. ~ou said that tw~ certified letters were sent to two neighbors. THE CHAIRMAN: We're not responsible for that. Southold Town Board of Appeals ~30~ January 27, 1977 WILLIAM Y. TERRY, JRt.: I know that. I got my letter on Christmas~Eve, fine. BondarchU~'~didn't get his, now who's responsible to make sure he gets it, the Post Office Department, the lawyer, who? THE CHAIRMAN: My understanding is ... IRVING L. PRICE, JR., ESQ.: We sent it certified mail, return receipt requested, and we got a receipt. WILLIAM Y. TERRY, JR.: OK, I'm just asking. IRVING L. PRICE, JR., ESQ.: Besides, Bondarchuk is their son-in-law, Mrs. Bondarchuk is this guy's daughter. THE CHAIRMAN: "I have on file in my office notification by certified mail: William Y. Terry, Jr.; Constantine Bondarchuk, Platt Road, Orient, New YOrk." You see, we'd never get anything done if we could hold up an action because somebody said they didn't get it. Maybe they didn't, I don't know. Well, I don't know whether a resolutionSs needed for this, I'll offer it anyway, to get it in the record. After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, west side Platt Road, Orient, New York. The findings of the Board are that the applicant did not need a vari- ance to sell these pre-existing, legal sized lots. 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 mn 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, Steven and Mary Cielusniak, 380 Platt Road, Orient, New York, be GRANTED permission to divide property with insuffi- cient width and area, west side Platt Road, Orient, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2238 - 9:55 P~M. (E.S.T.) upon application of Richard Kehrbaum, Camp Mine~la Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Southold Town Board of Appeals Januar~ 27, 1977 Article III, Section 10Q~38 and Bulk Schedule for permission to construc~ addition ~th insufficient side,yard setback. Location of property: Camp ~ineola Road, Mattituck, New ~York, bounded on the north by right-of~way and Strong; east by Camp Mineola Road; south by now or formerly Goldersleeve; west by right-of-way and Strong. 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: George Gildersleeve. Fee paid - $15.00. THE CHAIRMAN: The applicant's house is on Camp Mineola Road and the proposed addition is to the south. The applicant's plot is surrounded by three roads so there's actually three front yards. The County tax map indicates that the adjoining lots to the south are approximately the same size, there's no way for the applicant to enlarge this lot. Is there anyone present who wishes to speak for this application? NORMAN REILLY: Mr. Kehrbaum has retired from the Police Department and is moving out. He needs the extra garage and family room for his family. We're trying to hold it to 6' to keep some side lines there. The house below this one was added onto a few years back, they had the same problem, I think. THE CHAIRMAN: What's the size of these lots? NORMAN REILLY: 100' x 150', I think, t~O' running from north to south, I believe. THE CHAIRMAN: The house is pretty well centered. NORMAN REILLY: Yes, we did that originally when we first built the house, we kept the 35' setbacks. THE CHAIRMAN: From all three roads, that's pretty difficult. Anyone else wish to speak for thins application? (There was no response.) Anyone wish to speak against this? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to construct addition with insuffi- cient side-yard setback. The findings of the Board are that the applicant does have a hardship in that his property has three front yards. $outhold Town Board of Appeals -32- January 27, 1977 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 ~roperties alike in the irm~ediate 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, Richard Keh~baum, Camp Mineola Road, Mattituck, New York, .be GRANTED permission to construct addition with in- sufficient side-yard setback, Camp Mineola Road, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2239 - 10:00 P.M. (E.S.T.) upon application of Joseph Gold, Prospect St., Freeport, New York (GeQrge Ahlers, Builder, Inc.) for a variance in accord- ance 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: Hay- waters Road Ext. (Fisherman's Beach Road), Nassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Bay Prop- erties. 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: Mr. Gerard Gelbwaks; Ms. Jane Goeller. Fee paid - $15.00. THE CHAIRMAN: The proposed dwelling is on Lot $31, right? GEORGE AHLERS: No, its 11 and 12. The lots extend across the street. THE CHAIRMAN: Which one is vacant, 127 GEORGE AHLERS: No, they both comprise the whole thing. THE CHAIRMAN: Have you been down there? Because when I was down there, I thought there was a house here. GEORGE AHLERS: Doesn't it say on the survey? It says Lot $12, I guess that's the one that they own. THE CHAIRMAN: Who owns lot 117 Southold Town Board of Appeals -33- January 27, 1977 FRED HULSEt JR.: Why are they both marked together? THE CHAIRMAN: I don't know. Did you mark this red on here? SECRETARY: Yes, I did. The information I got was that they owned both of them. GEORGE AHLERS: That would have been my fault because of the application. They really only own that one. (The Board and Mr. Ahlers discussed the location and the ownership of the property.) THE CHAIRMAN: Is there anything you want to add to this? GEORGE AHLERS: Only that the lot is only 75' wide and gets narrower still toward the right-of-way or road. FRED HULSE, JR.: 65' on the right-of-way. GEORGE AHLERS: And 75' up on the front~ Because the prop- erty line, forward lot line runs out beyond the beach, by the time it get back to where you can build a house, which is north of the dune, the lot's only about 71' wide. THE CHAIRMAN: That would be the building line. GEORGE AHLERS: Yes, in fact, it would be in?line with all the other houses along there. THE CHAIRMAN: How much do you want to diminish the side yards? GEORGE AHLERS: We would like to reduce them down to a total of 16', which would be cutting one by 2' and the other, depending on how you set if up, by about 7' THE CHAIRMAN: That's what we usually do in this kind of situation, not more than 50%. GEORGE AHLERS: It'll be less than 50%. THE CHAIRMAN: 16' as against 12-1/2" which would be the absolute minimum. How do you want it, on which side? GEORGE AHLERS: I don't think it would make much difference, really. Whichever way you want to set it up, you want to divide it evenly or however. FRED HULSE, JR.: Is this the house you're going to build that's drawn in here? Southold Town Board of Appeals -34- January 27, 1977 GEORGE AHLERS: I sketched it in there as accurately as I could make it with a pencil. THE CHAIRMAN: 7'6" on one side and 8'6" on the other. GEORGE AHLERS: We'll go along with that, fine. THE CHAIRMAN: I think that's standard for the area. This is a legal, existing lot. Is there anyone who wishes to speak against this? MARI~kN GELBWAKS: We own Lot #13. We've only owned it a short timeJ FRED HULSE, JR.: Isn't that Johns%oh's lot? GERARD GELBWAKS: It was Johnston's until last year, then we bought it. MARION GELBWAKS: We bought it with the impression that those lots couldn't he divided, nobody swore to it, of course, but we got that impression. One of the reasons we bought it was because of that open feeling. If you noticed, our house is way in the back. Anyone proposing a house would be putting it up in line with the other lines, which completely cuts off our view, which completely, it seems to me, diminishes our resale value. This is just a tiny, small house and all you're buying when you buy this is the beauty of the land. THE CHAIRMAN: This is your house located here right on the road? GEP~A~O GELBWAKS: Yes. I think it was a garage originally. It was added on to. THE CHAIRMAN: Of course, the only way to protect yourself from people developing adjoining properties is to buy it. MARION GELBWAKS: If we had known about it, we would have, believe me. I can~understand a house being built, but it seems rather unfair to have it being built right on top of us when it seems to be diminishing our property so, and of course, the aesthetics a~e important. THE CHAIRMAN: You have your view blocked from this house in this direction at present, right? MARION GELBWAKS: No, there is a house, but there's some shrubs here and you still have the view straight out. This lot was empty before. THE CHAIRMAN: If there were shrubs, you couldn't have seen out there anyway, could you? Southold Town Board of Appeals -35- January 27, 1977 ~ARION G~LBWAKS: I don't. It took us 25 years to get this house and that seems like a rather large variance to grant. I '~ould understand a house being built, it just seems that it's diminishing our property so. To build a 60' house on a 75' piece of property, that's squeezing it a little. I mean, there are all sorts of houses on Fisherman's Beach, not just salt boxes. THE CHAIRMAN: The houses grow larger but the lots don't, particularly in situations like this. MARION GELBWAKS: Well, when you're working with an architect, I thought perhaps they could move the garage back and then they would have plenty of side-yard area. After all, the house isn't built yet and plans can be changed. I'm s~ck with this. All~I have, as I said, is the beauty of the place~'and the fact that I was under the impression that they were keeping everything just as is. But working with an architect~s plan that can be altered, it seem logical that ... I looked at your little sketch and per- haps the garage could be moved closer to the road, and then the house would have plenty of room and everyone would be happy. THE CHAIRMAN: This is going to be a garage? GEORGE AHLERS: Part of it is. THE CHAIRMAN: In a situation like this where the side-yards are '~o abbreviated, it may be that you should attach the garage ... lengthen the house. GEORGE AHEERS: Of course, part of the aesthetic value of the house is the way the garage is attached to it. I can't possibly say for my client. The blueprints are already drawn and everything, we're talking a couple of hundred dollars now to change it. MARION GELBWAKS: We're talking a good deal of money if I want to sell my property, though, more than a couple of hundred dollars. Your plans can be altered where my plans ~ertainly can't be. GEORGE ~HLERS: This is certainly not going to cut your view off because you have those pine tkees there. THE~ CHAIRMAN: Well, I think the Board's position in this has to merely ~ to suggest to Mr Ahlers that he might try to persuade his ciient to relocate t~e garage in order to provide more adequate side yards. Some garages are down on the street here. See if you can do that. GEORGE AHLERS: Of course, as I said, I can only suggest. Southold Town Board of Appeals January 27, 1977 THE CHAIRMAN: Is this a year-round house? GEORGE AHLERS: Yes. I believe Mr. and Mrs. Gold paid $40,000 for this lot, it's a bit much money, and they want to put the house up that they would like to have. GERARD GELBWAKS: We did it too. MARION GELBWAKS: We wanted the beauty of the place, it's untouched and unspoiled and it has an open feeling. THE CHAIRMAN: Well, George, you're not going to build any- thing for three weeks anyway. Would you, in the interest of being a good neighbor, see if you can persuade them to increase the side yards. If you cannot, we would, based on precedent here, have to grant the reduced side yards. But you might suggest it, they might like it better, and put it to them as diplomatically as possible. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon Joseph Gold application, Appeal No. 2239, until February 17, 1977, at 7:45 P.M. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2242 - 10:25 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Ave- nue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. 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 hee~_made to: Vina Baker & Ano. Fee paid $15.00. THE CHAIRMAN: The County tax map indicates that the marina is located on approximately ninea~acres, a peninsula off of Wickham Avenue. IS there anyone present who wishes to speak for this application? Are you Frank Nowak? Is there anything you want to add to the application? FRANK NOWAK: No, I think it's pretty self-explanatory. Southold Town Board~.~of Appeals -37- January 27, 1977 THE CHAIRMAN: Did you used to store boats here? FRANK NOWAK: No, we never went into that. Originally, the zoning for the marina was such thHt we could store boats and when they changed it the last time, apparently it was changed so that we couldn't. THE CHAIRMAN: Storage and repair of boats which had been an accessory use in a marina would be in a marina district where you would have a marina, the district you have. It was modified to, I think it was meant to cover large buildings and so forth which was probably initiated as a result of the Strong Marina, the people wanted to build a big building down there. In other words, it's a grey area in there as to what constitutes an ac- cessory use, when the accessory use becomes the main use, when · s a marina not a marina. I don't think anybody could really de- fine a marina. I was in court in Riverhead once with the man who said he initiated the word "marina", a New Yorker. He was unclear about it because the concept of a marina is changing. But, a repair shipyard has to be in the light industrial area, but I think what you propose here is non-commercial. FRANK NOWAK: It's strictly private. THE CHAIRMAN: You need the fees for storage and also as a convenience for the owners, and you make some repairs. FRED HULSE, JR.: How large a boat ~ould YOu_ store? FRANK NOWAK: It's a big area. FRED HULSE, JR.: I know there's a lot of room there, but how big a boat do you take in? THE CHAIRMAN: What's the longest boat you store now? I mean dock. FRANK NOWAK: We dock boats up to 60'. FRED HULSE, JR.: Could you handle storing a boat that size? FRANK NOWAK: No, that's too big. The average boat is around 30' or 40' FRED HULSE, JR.: Do you have a travel lift or anything? FRANK NOWAK: No, not at the present time. FRED ~LSE, JR.: You'd have to get one then. THE CHAIRMAN: You could put it over here on this side, on the north side. Southold Town Board of Appeals January 27, 1977 FRANK NOWAK: On the south side. That would be the more logical side. THE CHAIRMAn: This is all wooded area here and back here, your whole lot is wooded. FRANK NOWAK: Well, it's sparsely wooded, very light. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) THE CHAIRMAN: If not, I'll offer a resolution granting this apPlication as applied for and agreeing with the reasoning of the applicant. Permission is granted to store boats. You plan to store boats that dock in your marina, right? FRANK NOWAK: That's correct. THE CHAIRMAN: Not in excess of the number of boats that dock in the marina. You have, what, 70 slips? FRANK NOWAK: I have requests for boats from various places, people that would live in different places that would like to store on the island. Of course, this would add to our employment. THE CHAIRMAN: How many boats do you think you can counu on, would you want. FRANK NOWAK: That's a very difficult question. THE CHAIRMAN: It looks to me like you have plenty of room there-. FRANK NOWAK: I have to put that to some use, it's sitting idle. THE CHAIRMAN: You have a pool there. FRANK NOWAK: That's for the boaters and we use that strictly for the boaters. FRED HULSE, JR.: What did you say, you have 70 slips now? FRANK NOWAK: No, about 80 slips. THE CHAIRMAN: And you haven't built up the whole area yet, I think you have permission to go all the way around. FRANK NOWAK: I have a permit from the Town of Southold to go all the way around. I'd have to get the Army Corps of Southold Town Board of Appeals -39- January 27, 1977 Engineers' permit and the New York State Environmental permit. THE CHAIRMAN: Well, let's put a limit of 100 boats on it. If you need more than that, you can come back to us. We'll see how it goes, we can review it after a couple of years. FRANK NOWAK: It's such a large piece to put a limit on, it would be kind of a hardship if we got into the business. To limit it, once you set it up as a business, would not be an ideal situation, if you go out, purchase a travel lift and put it in. ' THE CHAIRMAN: It's hard to put restrictions on something like this. FRED HULSE, JR.: Maybe we should set it back so many feet from the road, so we can avoid a situation ~ike the one down here with the boats right out on the road. FRANK NOWAK: There's a breaker zone of woods in front 0f it. THE CHAIRMAN: 100' off Wickham Avenue wouldn't bother you at all, would it? FRANK NOWAK: No, not at all. It's a large enough piece. THE CHAIRMAN: If you were driving along here, I don't think you'd be able to see boats stored over here. MRS. NOWAK: We wouldn't want to put them out on the road there, there are houses across the street. We live across the street. FRANK NOWAK: There's a buffer zone of woods right across there. It's bulkheaded from this corner (on map) right around to about here. THE CHAIRMAN: It's got about 87 slips around to here, right? It looks like you ~ould put in another 40 or 50. F.RANKNOWAK: I get a lot of people asking for storage. This is why we originally did it. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone against? (There was no response.) Southold Town Board of Appeals -40- January 27, 1977 After investigation and inspection the Board finds that the applicant requests permission to store boats on the premises, west side Wickham Avenue, ~attituck, 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 be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York be GRANTED permission to store boats on the premises, west side Wickham Avenue, Mattituck, New York, as applied for, subject to the following condition: There shall be no storage or marina uses within 100' of Wickham Avenue to the east. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. upon ap for a III, lot witk CR27, ] Cornell of appli=ant. HEARING: Appeal No. 2244 10:40 P.M. (E.S.T.) Helmut Hass, North Road; Peconic, New York in accordance with the Zoning Ordinance, Article 0-30 and Bulk Schedule for permission to Set off ~t area. Location of property: south side New York, bounded on the north by CR27; east by Dn; south by Suffolk County; west by other land for to applicant. the hearing by readin¢ application al notice of hearing, attesting in the official newspapers, and notice tO the also read statement from the Town clerk ified mail had been made to: Joseph C. ~orp.; Suffolk County; Richard Foster and Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey indicating that there is a one-story, framed shop on this parcel which the applicant proposes to sell. Itts a long parcel, 501' on the west and 100' on CR27 on which there's a one-story shop, ~one-story, framed house and a two-story framed, house. The Southold Town Board of Appeals -41- January 27, 1977 property of Helmut HaSSo Is there anyone present who wishes to speak for this application? RICHARD CRON: This is an application that was brought by Samuel Glickman for the applicant, his office dropped the file off to me today and asked if I'd come down on it, so I would like to speak in his behalf on the application. I would point out to the Board that hhe property in question is a residential zoned parcel of land. It's being used in a non-conforming basis in that there is a business on the premises. The land itself, in terms of residential use, falls about 632' sq. ft., I believe, short of having 40,000 sq. ft. in terms of a residential zone parcel. I would point out that if this property were, in fact, business zoned, either in a "B" or a "B-i", the maximum area use is 30,000 sq. ft. with respect to a "B-i" area. That's basically what the property is being used for. THE CHAIRMAN: Does anybody live in the house? RICHARD CRON: I don't know. The documents that were sub- mitted to me don't indicate whether it's occupied or not. I would assume it's just being used for business purposes. THE CHAIRMAN: I don't think it matters, I was just wondering. RICHARD C~ON: I would point out that, as you can see, the land t? the.south is owned by the County of Suffolk. Had they left hi~ a :l~t%l~ bit more ~nd, he would have` had his 40,0~00 sq. ft. to begin With.. While the survey itself doesn't Show the drive- way on the ipremises immediately to the west, I as,sume it 'exists because it says it does, and to get 40,000 sq ft. or the addi- tional square footage for the parcel in quest yoU'd have to not only take away the driveway that exists to the west, you'd m~ke a ra~her irregular piece out of that Portion o~land, which doesn't seem to make a great deal of sense. Certainly I don't th~nk that a variance or a shortage of 632' woutd be in violation with the spirit of the law and probably would be such that this Board is constituted to grant a variance in terms of this type of situation. Finally, I would point out that What we're dealing with is, I'm sure this Board is familiar with it, is an area variance rather than a use variance. Nothing is going to change as a result of this because the area is i~sufficien% to meet the residential requirements, not withstanding the fact that the property is really being used for business purposes. THE CHAIRMAN: A use variance is much more critical. RICHARD CRON: Actually, I think the practical difficulties of the situation speaks for itself. You're talking about a shortage of 632~S~. ft. You're talking about prohibiting a sale of the parcel if you can't give it, and in this case, while we don't have to establish undue hardship, the practical difficulty of this $outhold Town Board of Appeals -42- January 27, 1977 situation would, in fact, establish financial hardship. THE CHAIRMAN: There's further reasoning in that this is, I think, zoned "B-l", this strip here. RICHARD CRON, ESQ.: The adjoining piece? I don't know. I noted while I was waiting that the lands to the east are presently subject to an application for a zone change. THE CHAIRMAN: We had that at the County and it was denied with the suggestion that the Board of Appeals handle it. RICHARD CRON, ESQ.: I don't see how you could. It's an "A" residential area there now. THE CHAIRMAN: You'd have to handle it under a use variance application. I don't know what they want to put in there. Which lot do you refer to? RICHARD CRON, ESQ.: I don't know, somebody had told me 100' on the road, the one that'S immediatel~-~t~%he ~astT~here, that only has a little over 20,000 sq. ft. I don't know h°w~ they're going to get a "B-i" out of it, I could see getting a "B" possibly. They don't meet the area requirements under the Bulk Schedule. THE CHAIRMAN: The County condemned that, I don't remember the Sequence of events. (The Board and Mr. Cron discussed the property.) Is there anyone present who wishes to speak against~th.is application? (There was~no response. ) After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient area, south side CR27, Peconic, 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 Wo~ld produce pzactical difficulties or unnecessary hardship; the bi%rdship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in %he same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was Southold Town Board of Appeals -43- January 27, 1977 RESOLVED, Helmut Hass, North Road, Peconic, New York, be GRANTED permission to set off lot with insufficient area, south side CR27, Peconic, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Thirteen (13) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the SoUthold Town Board of Appeals approve minutes dated December 22, 1976. vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. On motion by Mr. Grigonis, seconded by Mr.~. Hulse, it was RESOLVED that the next meeting of the.Southold Town Board of Appeal be held at 7:30 P.M. (E.S.T.), Thursday, February 17, 1977, at the Town Office, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillis~ie~_Hulse, Grigonis. On motion by ~ir. Hulse, seconded by Mr. Gillispie, it was REiSOLVED that the Southold Town BQard of ~ppeals se~ 8:00 P.M. (E.S.T), Thursday, February 17, 1977, at the Town office, Main Ro~ad, Southold, New Yo~k as the time .ring of Charles ~Tramantano, 18 en Ayenue, New York for a special exception in acC0rdance with ~the Zoning Ordinance, Article UII, Section 100~70 B (3) for permission to operate a used car sales lot. Location of property: south side Main Roadt east of Skunk Lane, Cutchogue, New York, bounded on the north by Main Road (Route 25); east by Horton; south by Horton; west by Schaumann. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Southold Town Board of Appeals -44- January 27, 1977 The meeting was adjourned at 11:20 P.M. (E.S.T.) ~,ctfully submitted, M~ry~. Dawson Secretary ~ ,// Robert W. Gil'l'is'pie, Jr., Chairman