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HomeMy WebLinkAboutZBA-12/22/1977Southold Town Boar of Appeals -c:IOUTHOLD, L. I., N.Y. 119'71 TELEPHONE 765-2660 APPEALS BOARD MEMBERS MINUTES ROBERT W. G ILLISPIE, JR., CHAIRMAN ROBERT BERGEN Southold Town Board of Appeals CHAR LES GR IGONIS, JR. SERGE DOYEN, JR. December 22, 1977 FRED HULSE, JR. A regular meeting of the Southold Town Board of Appeals was hel~ at 7:30 P.M. (E.S.T.), ThurSday, December 22, 19~7, at the ~Town Hall, Main Road, Southold, New York. Th-eKe were present: Messrs: Robert W. Gillispie, Jr., Ckairmam; Robert Bergen; Fred Hulse, Jr. (9:10 P.M.); Charles Grigonis~ Jr.; Serge Doyen, Jr. Also present: Watchman. Steve Katz, Long Island Traveler-Mattituck in B~oc~ New York. HEARING: Appeal No. 2364 - 7:35 P.M. (E.S.T.) ing upon application of Robert D. Gray C. Gray, Eishers Island, New York for a the Zoning Ordinance, Article III, C 2(a) for permission to elimi~ for in-ground swimming pool. Location of to Treasure Pond, Fishers Island, New York; Road, Fishers Island Estates, Fishers ts¸ The ;Chairman opened the hearing by reading the for ~al notice of hearing, affidavits at1 its the official newspapers, and di~ ctor. The Chairman also read st~ the that notification by certified mail to: ~i~obert Geniesse; Fishers Island Development Corp $:15.0.0. to made pa~d The application is a¢comp~ the applicant's property .4 acres adjoining Treasure Pond on Fishers Island being in EliZabeth Gray. It's noted here that this is map 8. Is ~here anyone present here who wishes to speak for this applicat~? MICH~2EL WEIR, ESQ.: Yes, sir. I am a member of the firm Of $~llivan and Cromwell, we are counsel to the anciIlar~ estate of Elizabeth Gray. Until three weeks ago, the Estate of Elizabeth Southold Town Board of Appeals -2- December 22, 1977 Gray was the owner of the property in question. We have brought this application basically on the grounds that the pool on the property is so secluded that neither aesthetically or as a matter of safety should it be required to have a 4' fence. My understanding, although I must confess I have never seen the property, is that there is a 3' fence there. I have seen pictures. THE CHAIRMAN: The fence that's there now, this one here that I'm looking at (in picture) shows a split rail fence which appears to go all the way around. MICHAEL WEIR, ESQ.: That is correct. I have with me Mr. Gordon Krusen who's very familiar with the property and who is presently residing there as caretaker and who can describe further exactly how secluded it is, how difficult it is to see from one-~place to another and the like. THE CHAIRMAN: Do you live on the premises? GORDON KRUSEN: Yes, in Treasure Pond House. THE CHAIRMAN: We have a couple of pictures here of the homse. One shows the pool, what we're talking about. GORDON KRUSEN: Yes. I have other pictures also but they the same t~ing, essentially. There are a reasons ~ so isolated and so difficult for any LI , at least the children be difference between a 3' fence . 4' fence. Fishers Island. Even when you have gone the 1,200' from the paved road down the unimproved lane onto TreasurePond Ests cannot See'~he pool from the driveWa~ unless there Were there you would not know it was a pool. Furthermore, there will soon be installed an electronic surveillance at the gate so that nobody can ~ome on without the bell ringing in my house or at the big house indicating that somebody has come on the Place. i,m there 24 hours a day, I have. an assistant who's going to be working there 40 hours a week, so the place will be pretty much under supervision at all times. THE CHAIRMAN: Is this fence that you're speaking of, does it fully surround the 9.4 acres or is it largely in the ~ront yard area? Southold Town Board of Appeals -3- December 22, 1977 GORDON KRUSEN: It runs from ... the house is on one side of the pool, as you can see, and the screening on that side consists of part fence and part boxwood. One of the problems would be that while we might install a 4' fence, we couldn't install a 4' box- wood. THE CHAIRMAN: Couldn't what, install a 4' boxwood? GORDON KRUSEN: Yes. As it stands now, part of the, there's about 30' of that perimeter by the house that is defended by a hedge and the boxwood, I mean the fence and the boxwood. Aesthet- ically, it would put the whole place out of scale to put a 4' fence and a 3' boxwood. THE CHAIRMAN: I have to agree with you as far as the aesthetics are concerned. I put a pool in in 1970 and I had- a fence partially around it, split rail, a stockade fence, and I planted a lot of shrubs on both sides of the fence so you don't have to look at the split rail fence, I mean the stockade fence. But it is a problem that we aren't able to surmount here as far as the aesthetics of it are concerned. The Ordinance requires fences on all pools and it's a safety measure, sort of like an exception on a speed limit in front of your house because there are no houses for two or three miles either way. We have lots of remotely lobated pools in the Town of Southold in addition to the ones on Fishers Island. I'm aware that these on Fishers Island have been there quite a long time, some of them. Is there any particular reason for these electronic surveillance? You are caretaker and you have an assistant? GORDON KRUSEN: Yes. I want to know when anyone, any vehicle or anybody comes on the place. It's a matter of good order. THE CHAIRMAN: Is there an unusual amount of art in the house or something like that? GORDON KRUSEN: No, it's simply that I want to,~as a matter of security, I'd like to know if somebody comes on the place. Not just because of security, as a matter of personal interest. I want to be there to meet whoever it is, at any time. THE CHAIRMAN: Of course, the only fatality we've had in connection with a pool in Southold occurred, not because of a f~nce or lack of a fence, but because a fellow jumped into a pool that wasn't quite filled and broke his neck. He jumPed feet first, mn¢identally. But the basic reasoning behind this fence require~ merit is safety, of course, children, dogs, animals. The fact that it's more or less remotely located doesn't enable us to relieve you of the responsibility of putting a fence around it. Now, the fence can ~e located close to the pool, a few feet away, whatever distance you want. In some cases, we have locations where the house acts as $outhold Town Board of Appeals -4- December 22, 1977 part of the fence. You could use the house on one boundary, run your fence from the house where the pool is fairly close to the house, it isn't very close on this side. Is there anyone else who would like to speak for this application? (There was no response.) I think that~I've probably presented as many objections to granting this variance as there are but we'd be glad to hear from anybody else. SERGE DOYEN, JR.: I concur with your reasoning. THE CHAIRMAN: It's basically a safety measure and you're at liberty to ... you understand the requirement is a 4' fence with the equivalent of 2" mesh. You can use a decorative mesh fence, vinal covered or a stockade type, but it has to be the equivalent of 2" mesh as far as anything going through it is concerned. Anyone else have any questions or want to say anything? '(There was no response.) kf~er investigation and inspection, the Board finds that the applicant requests permission to eliminate fenCing requirement for in-ground swimming pool, Private Road to Treasure Pond, Pishers Island, New York. The findings of the Board are that the Board is not able to vary the requirement for fencing pools regardless of the remoteness of the location or for aesthetic considerations. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardshiP; the hard~hip created is not unique and would be shared by all .~ properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Robert~?D. Gray, Ancillary Administrator, Estate .of Elizabeth C. Gray, iFishers Island, New Yor~, be DENIED permission to eliminate fencing requirement for in-qrcund swimming pool, Private Road to Treasure Pond, Fishers I~land, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -5- December 22, 1977 PUBLIC HEARING: Appeal No. 2377 - 7:50 P.M. (E.S.T.) upon application of Walter and Marilyn Gatz, Love Lane, Mattituck, New York for a variance in accordance with the Zoning O~dinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Love Lane, north side CR27, Mattituck, New York, bounded on the north by L. Hamilton; east by H. Swanson, M. Long, E. Csiesak; south by CR27; west by Love Lane. The Chairman opened the hearinq by reading the application for a variance, legal notice of hea~ing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mildred Long; Herbert E. Swanson; Mrs. Lloyd Hamilton. Fee paid $15.00. THE CHAIRMAN: The photostat of the County Tax Map indicates that this property is on CR27 at the intersection of the northerly d-ead end of Lo~e Lane. It appears to be roughly 168' in width.- Is there anyone present who wishes to speak for this application? WALTER GATZ: I think you have a map here. When we first got married and lived in this home, the property line came into the hedge~ This is Love Lane right here (on map). Originally, this was our property line but the sewer was over here, on his property. So he said that as long as we lived there, he wouldn't mind if he didn't move the line over to include that for us. Years after, we moved from here to Sound Avenue two miles away off of Aldrich Lane. At that time, we had rented the house. The agreement between my father-in-law and I was if it was ever sold it would be moved back to the original lins as it was and that's what we're trying to do. THE CHAIRMAN: Who owns the whole property now? WALTER GATZ: Marilyn and I own this property (on map) and my mother-ln-law o~n~s this. This piece on the corner belongs to Marilyn and me also. THE CHAIRMAN: You own both of these? WALTER GATZ: Yes. THE CHAIRMAN: And your house is where? WALTER GATZ: My house is here, way back. (The Board and Mr. Gatz discussed the property.) ROBERT BERGEN: They just want to change that line back there. Southold Town Board of Appeals -6- December 22, 1977 THE CHAIRMAN: JOg it to include the cesspools. WALTER GATZ: So the new owners will have the cesspool on their property so that, again, will not cause any problem for them or my mother-in-law. THE CHAIRMAN: WALTER GATZ: THE CHAIRMAN: Basically, you're altering a lot line. That's exactly what we'd like to do, yes. Anyone wish to speak against this application? (There was no response.~ After investigation and inspection, the Board finds that the applicants request permission to divide property with in- sufficient width and area, east side Love Lane, Mattituck, New York. The findings of the Board are that this merely alters ~he lot line to a small degree. The Board finds that strict application of the Ordinance Would produce practical difficulties or unnecessary hardship; the ~ha~d~hip created is unique and would no~ be shared by all ~roperties alike in the immediate vicinity of this property and zn the s~me use district; and the variance will not change the character of the neighborhood, and will observerthe spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Walter and Marilyn Gatz, Love Lane, Mattituck New York, be GRANTED permission to divide property with insufficient width and area, east side Love Lane, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, ~rigonis, Doyen. PUBLIC HEARING: Appeal NO. 2375 - 8:00 P.M. (E.S.T.) upon application of Eastern Long Island Kampgrounds, Inc,, 690 Queen Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C g(2~ for permission to erect off-premises directional sign. Location of property: south side CR27, east side Chapel Lane, ~reenport, New York, bounded on the north by CR27; east by A. Shames & ors and L. Delemidas; south by Village of Greenport; west by Chapel Lane. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read Southold Town Board of Appeals -7- DecenLber 22, 1977 statement from the Town Clerk that notification by certified mail had been made to: Village of Greenport; Eastern Suffolk Nursing Home. Fee paid - $15.00. THE CHAIRMAN: The sign will be 4' by 6' with the KOA symbol on it, Kampground 7/10 of a mile. Is there anyone who wishes to speak for this application? RICHARD WILTON; I think the application is pretty much self-explanatory except that I have a picture of the siqn here, it would be this one here ( on diagram) ~ith a caption ~n the bottom that reads "7/10 of a mile ahead. ROBERT BERGEN: Do you have one of those we can put in the file? RICHARD WILTON: You can have that one. THE CHAIRMAN: Rverend William Coleman, speaking for St. Peter's Lutheran Church, has written a letter giving permission to Mr. Wilton "to erect and maintain an off-premises sign on our property. The sign will be located at the intersection of County Road 27 and Chapel Lane. The sign shall be in accordance with town of Southold regulations." Those regulationsb~clude that~it shall be 30' back from the intersection of Chapel Lane and CR27 and no closer than 5' ~oc~n~ property line. I don't know exactly how you want to locate it but that gives ~ou a little latitude. RICHARD WILTON: The intention was to go more or less up County Road 27 so that the on-coming traffic would have a better view of the sign than the people coming up Chapel Lane. THE CHAIRMAN; Is there anyone present who wishes to speak ~9ainst this application? (There was no response.) ~f~ter investigation and inspection, the Board finds that the applicant requests permission to erect off-premises directional sign, south side CR27, Greenport, 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 neigkborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Gitlispie, it was Southold Town Board of Appeals -8- December 22, 1977 RESOLVED, Richard Wilton, Eastern Long Island Kampgrounds, Inc., 690 Queen Street, Greenport, New York, be GRANTED permission to erect off-premises directional sign, south side CR27, ~ast side Chapel Lane, Greenport, New York, as applied for, subject to the following condition: The sign shall be at leas~ 30' from the intersection of Chapel Lane and CR27. Vote of the Board: ALes: Messrs: Gillispie, Bergen, Grigonis, ~o~en, PUBLIC HEARING: Appeal No. 2389 - 8:05 P.M. (E.S.T.) upon application of John Malinowski, Second Street, New Suffolk, New York for a variance in accordance with the Zoninq Ordinance, Article Vt, Section 100-60, Article VII,.Section 100270, and Article VIII, Section 100-80 for permission to use existing business building for assembly of parts. Location of property: west Side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third Street. The Chairman opened the hearing by readinq the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the'~uilding Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Helen Aponik; Mr. and Mrs. R. Kneuer. Fee paid - $15.00. THE CHAIRMAN: In questioning Mr. Chris here informally, we learned that he's planning to assemble an oven for use in restaurants, airplanes, schools, caterers, and fast food applications. I think in some of the testimony he gave us, he indicated tha~ that one of tAese ovens will turn out 500 hamburgers in five minutes. The item has not been sold in volume at all, I think that we discovered that he has sold, actually sold about 15 of these, around the country. The proposal here is to use part of a shop, formerly of Malinowski or now of Malinowski, to display what he's going to put together. The parts of these high-temperature ovens, I guess they get up to eight or nine hundred degree~, all operated by electricity and they're not ultrasonic or microwave, it's purely heat. Correct me, Mr. Chris, if I'm saying any of this wrong. Is this correct so far? THEODORE CHRIS: Yes, that's correct. THE CHAIRMAN: Your purpose is to display these ovens a~d to use part of the warehouse or part of the store ~uitding,:whi~h incidentially consists of approximately 7,500 sq. ft., to assemble them. This will not be a noisy assembly, you are not going to use Southold Town Board of Appeals -9- December 22, 1977 presses, you might use some cutting tools, you might have to make some connections, electrical connections, and patented fasteners. There's an apartment upstairs which you propose to occupy. Mr. Chris also owns several other couporations which are in business at the other end of the Island. THEODORE CHRIS: None of those other co~porations, they will not be involved in the project coneerned. THE CHAIRMAN: Nothing of those other corporations. I didn't understand then the thing that you stated here. "We also have patents for various gadgets to be utilized in building and other related industries. That has nothing to do with this business? THEODORE CHRIS: No, I will explain that. It's the s~ame companies that they do my parts for the ovens. They do certain parts for this project also which consist~of patented items which are going to be supplied to warehouses, to builders and other industries which put hollow aluminum tubes together and they can build homes without having to use any nails or wood This is a future for everyone to use those gadgets. To pre~ent someone stealing the idea, let somebody else assemble it and they come to me and I just put them toqether, it's a matter of a couple of things, and they become a part. THE CHAIRMAN: That would be a revolutionary step, to assemble building without nails and hammers and so forth. THEODORE CHRIS: It is. I have demonstrated it to architects in N~w York and they approve it and this is a~wonderful thing which is taking place. THE CHAIRMAN: You don't know what part of the volume of your business will'be ... THEODORE'CHRIS: I don't want to put a projection on that, according to the demand for that once a thing is assembled and is in the market by various people which handle the selling of this, like hardware stores and other stuff, it would be a projected item that cannot be announ6ed. THE CHAIRMAN: And it is expected that you will hire five people. THEODORE CHRIS: No more than five people in the building, with a secretary and myself. THE CHAIRMAN: And whatever trucking is done from this operation will be in small vans. THEODORE CHRIS: We put it in our own vans and send it to the place where they have~to go after they're assembled. These ovens Southold Town Board~6f Appeals -10- December 22, 1977 will not be ass~eI~bled by the hundreds, they will be assembled maybe half a dozen at a time and delivered because as we get an order we fill it. THE CHAIRMAN: Would you expect this business to expand? THEODORE CHRIS: I expect it to expand which I'm looking forward to and I will eventually keep this place as a showroom and buy another piece of property and build a factory and I can make all the parts there. But not in that place. THE CHAIRMAN: I don't know whether everybody heard that, if it expands ... (The audience said they "can't hear anything.") THEODORE CHRIS: I can explain it to them if you'd like. THE CHAIRMAN: Sure, go ahead. THEODORE CHRIS: The purpose of using this building, we have several ovens. Many times have I developed a project like that and given it to people to manufacture and they stole my right~. So I de~ided to have various parts made by different ~anqfact~rers. They come to us~and we put the physical machin~ b6gether ~t© pre- went any stealing of any ideas and have it go dOwn ~tbe drain after all the years that I worked on this to bring i~ a~OUf. The purpose of this building as I originally said, there won'~ be ~ noise the~e, it would be a clean job, a lot of parts in a little packages to be assembled. The electri machine that we have takes no more than 25 hours to It's a clean job, it's like having a showroom to My o.ther project that I mentioned, gadgets, that' takin~ place and I already have a lot Of them are in gr~at demand by the building departments, by architects because of safety, we tried to eliminate all the work in the~building line, in the hOusing, that we can put a house together that?s very beautiful without having to womry about termites, painting and so forth. This is something wonderful and very sh0~t~y We~lt be able to ~how you some little miniature homes that everybody's going to appreciate. Therefore, it will be work for other People on the outside but not in the factory. We give them the parts and we have our companies that are going to deliver it to fill those kinds of materials, the parts are inserted and they develop the house. gest your products. THE CHAIRMAN: Are there any questions? J. C. CORNELL: I don't mean to be in any opposition to Chris but I'd like to ask a question. There'll be no trucking here and so forth and you said you'd have five employees and ship all over the country. Hopefully that will come to pass, that you will do a lot of business; however, suppose it doesn't come to pass Southold Town Board of Appeals -11- December 22, 1977 and you get this variance for whatever you want to do, can this be related to some other business if you go under, so to speak. THE CHAIRMAN: No. The difficulty I think Mr. Malinowski, whom we haven't heard from yet, would tell us that he's had con- siderable difficulty renting this place or finding any use for the building at all since he ceased running the grocery store there. Mr. Chris has come along with a view of buying the whole place, it already has parking facilities, it has 7,500 sq. ft., and in the Board's opinion, as we analyzed it, we talked it over with Mr. Chris a couple of times before this, there will be less dis~urbance to the neighborhood by Mr. Chris' operation than there was by Mr. Malinowski. There will be considerably less traffic, no noise because part of the building will be used for display of these ovens he expects to assemble on the premises. They're manufacturered elsewhere. What you're projecting is an increase in the business which we can easily take care of with conditions in the special exception or variance. J. C. CORNELL: If I can inject a comment here, Mr. Chairman. Just to reiterate, I'm not in opposition to Mr. Chris, but what I'm saying is there a precedent going to be set if this business should become defunct. What other business could go in there under this variance that you're about to grant? THE CHAIRMAN: It would be very difficult, you couldn't have a manufactur~ng~business. We're not changing the zone, we can't change the zone anyway. The Town Board would have to change the zone and it's highly unlikely that they would change it to Light Industrial. There is one portion of Mr. Chris' operation that falls in the Aight Industrial category and that's assembly of parts. That's why he needs the variance. For display or to run a retail store, he doesn't need to come to us. J. C. CORNELL: I understand that, I was just trying to find out if some other business could come in. THE CHAIRMAN: Not unless it were identical to this. The advantage, I think, of doing it this way is exactly what you're worried about. J. C. CORNELL: In other words, this is just a variance for his particular type of b~siness, no other business could go in there under those ... THE CHAIRMAN: No. Is Mr. Malinowski here? JOHN MALINOWSKI: Yes. THE CHAIRMAN: WoUld you tell us, Mr. Malinowski, about tryin~g to rent th£s place, have you had difficulty? Southold Town Board of Appeals -12- December 22, 5977 JOHN ~ALINOWSKI: I can't rent, I can't even insure the place because it's vacant. I can't spend money on the place like this, I have to do something with it. The insurance won't take it be- cause the place is empty. THE CHAIRMAN: Did everybody hear that? He can't insure it and he can't rent it. JOHN MALINOWSKI: I can't rent it and I can't insure it, and I can't leave the place like that. I take care of it now, yes. I don't think Mr. Chris would do any different than I'm doing to the place. THE CHAIRMAN: Mr. Chris is going to live in the apartment above the operation. JOHN MALINOWSKI: And I live next door, too. THE CHAIRMAN: Exactly what portion of this ... you own this property here about 204' on King Street? JOHN MALINOWSKI: Right. THE CHAIRMAN: And you'd sell him this half-acre from street to street. JOHN MALINOWSKI: Right. THE CHAIRMAN: Mr. Malinowski's house is directly adjoining this property; in fact, you have a common blacktop driveway into your garage with the store. He's an immediate neighbor. Are there any other questions? JOAN ROBBINS: I'm a neighbor4 I'm the owner of the property on the southwest corner of the entire block in question. I received no notice of any kind whatsoever. I learned about this meeting tonight accident&!l~ufrom another neighbor. So I do question that statement that the Town Clerk has notified all neighbors. THE CHAIRMAN: The ~equirement is to notify the adjoining property owners. You're across the street? JOAN ROBBINS: Mine adjoins Mr. Malinowski, perhaps not the store but his home property. THE CHAIRMAN: You're next to the home property which is not under discussion. Thau's the reason you didn't receive a n~tice. JOAN ROBBINS: Do I understand that there is to be no manufacturing at all? THE CHAIRMAN: No manufacturing, assembly. Southold. Town Board of Appeals -13- December 22, 1977 JOAN ROBBINS: Are we protected against some future ...? THE CHAI~{AN: Yes. This is the only way you can do it, by a variance, in my opinion. JOAN ROBBINS: There will be no interference with, for example, my well? THE CHAIRMAN: I don't think there's any particular water requirement with this operation other than less, probably, than the store. How many employees did you have in the store? JOHN MALINOWSKI: I had 25. THE CHAIRMAN: This plan is to employ five. I think that we will put a condition in it, if it's granted, that it cannot b.e over 10. That will give him a little flexibility, but if he ever goes into manufacturing, if it's very successful, he'll get an industrial site and build a plant and use this place for display purposes, which is what he just said here. Are there any other questions? (There was no response.) I might say also that Mr. Chris plans tO hire some local people and certainly we can use jobs here. Any other questions? Anyone wish to speak against this application? ANDREW GOODALE: I'm an attorney, I appear here for Val and Rite Noah who are property owners and have been notified and this constitutes my notice of appearance and also for the Noahs. The petitioner appeals from the Order of the Building Inspector denying the permit on the grounds enumerated by you, Mr. Chairman. There was, in an inspection of the files, no survey to indicate what the physical dimensions were. A letter of intent to purchase the property, which was signed by Mr. Chris and does not identify any corporate representational capacity responsibility. We have heard here that he is engaged in business elsewhere, he has other interests. The assembly of a new electrical produce, an oven, and demonstrate the produce, so ~1 we do have an assembly~ which as you mentioned requires that there be a variance. Ail we're.talking about in 1the variance is to enlarge the zoning which is from a light business, retail, to that of "C" which is the assembly under that particular aspect. THE CHAIRMAN: Light Industrial, it used to be "C" but is now Light Industrial. ANDREW GOODALE: Then we would also have to have an exception to the general business to provide for a cabinet shop in accordance with tha~ particular zoning requirement. All in all it appears that there will be some warehousing and that also will come under that Light Industrial. Mr. Chris has said that there will be five employees and no trucks, which is a situation which may or may not ' Southold Town Board of Appeals -14- December 22, 1977 remain constant. The points in opposition offered by my clients are that the variance reqHested would require downzoning in the Southold Town Zoning Ordinance under that "B", Light Business, to ~1 General Business. That would be special exception B-5, as I had mentioned, the operation of the cabinet shop. Inasmuch as the petitioner has indicated, or the party who has acquired an interest, that there will be fabrication that is presum%ed to be of steel, presumably stainless steel. It's inconceivable how you can have a stainless steel operation without having either cutters or some form of welding or staffing or something that would fabricate and put these various items together. In addition to that, the wholesale warehousing and storage, carried to its logical conclusion~ is going to mean that there will be trucks. The petitioner states that the hardship, which is a require- ment of the variance, resolves from an economic hardship in not being able to rent the building. I think as a matter of fact now there is a tenant in it and that my client reports that the up- stairs is rented. THE CHAIRMAN: That's correct. ANDREW GOODALE: In the event that there is a situation where this were to be explored in it's existing B-1 application, there are many viable alternatives that the petitioner,~in~the opinion of my client, has not explored, namely that it could be for a retail purpose, it could be for a pre-school nursery, it could be for a specialty shop, and possibly those would have some bearing on the consideration by this Board. It is further sub- mitted that the petitioner by his own, shall we say interests, in enlarging this store from time to ~±me since it was first used as a non-conforming use and then the zoning was applied, the B-i, that those enlargements have constituted a self-created hardship~ · HE CHAIP~A1N: I don"~quit~follow that. ANDREW GOODALE, ESQ.: We're saying that originally it was a small, single building. Prior to the zoning application. At that time, it was zoned as being a non-conforming use to a ... THE CHAIRMAN: There was no zoning before 1957. ANDREW GOODALE, ESQ.: But when it came in it was made a retail installation. THE CHAIRMAN: Business, "B". ANDREW GOODALE, ESQ.: The point of the self-created hardship is that by constantly enlarging that to a point now where it does constitute, shall ~e say, a special type purpose building that has been created for a particUlar ... and by removing the operation of the retail market to another location, the petitioner has, in effect, defeated his own purpose by so removing his operation. Southold Town Board of Appeals -15- December 22, 1977 it,s in the cor~munity's interest to preserve this location. John Malinowski has been a part of the community for many, many years. He served a very useful purpose. Inasmuch as there is only one other retail location in the whole town that is zoned for retail p~poses it's the contention of my clients at least that they should have that type of a retail outlet preserved in the area. THE CHAIRM_A_N: You mean in New Suffolk. ANDREW GOODALE, ESQ.: In the hamlet of New Suffolk. We have no other stores. JOHN MALINOWSKI: Then why don't you buy it. ANDREW GOODALE: If I were a merchant I would probably obtain that property. We're going on to the noise pollutant. JOHN MALINOWSKI: You don't know, you only think so. THE CHAIRMAN: Wait a minute, you'll get a chance to answer these, why don't you sit down and let Mr. Goodale finish. ANDREW GOODALE: John, I'm hired to represent a client. ~hat we're saying is that since noise is also a pollutant it's inconceivable how you can have any commercial impact of assembly, any metal fabrication, any shipping or boxing, anything that has to do with testing of ovens, without having some effect on the ~urrounding community. There are relatively narrow asphalt roads mn the coramunity subject to any unnecessary ware and tear is going.to require increased complaints, users, maintenance, costs. The particular thrust of my clients argument is that the granting of a variance to downzone use runs with the land and this I reiterate and reaffirm that once you have given a variance, re- gar~ of the conditions that are imposed upon it, the matter of ing becomes very, very difficult. In the event that this ease operations the variance which runs with the land would the assembly of some kind of an operation as long as it i~ the event that operations were permitted you would at least of cabinets, you would have some- thing that woUld be inconsistant and incompatible with the use of "A a my client. Now, in quoting a case, zoning Board of App may vary or m~dify the application of any regulation or pro~sion of a Town Zoning Ordinance only when there are practical difficulties or unnecessary hardship in the way of car~ing out the strict letter of the Ordinance. If the grant of a variance is destructive of the purposes to be achieved by the Ordinance, there is a clear invasion of the legislative process." This is the case of Hell vs. Galanno, 1975 case, it's recorded in 46 a, b 2nd at page 558. Further, it's submitted than the nature of the variance herein requested, if granted, W~ld result in a change in the Zoning Southold Town Board of Appeals -16 - December 22, 1977 map. This again is something that when you once have introduced some assembly of componenH parts, some fabrication of cabinets, in effecH you are downzOning and you are spot zonin§ as far as that is concerned. Any lessening of the values that are accruing to the adjoining property owners and my client has invested his life savings in this particular property that he has acquired, he intends to retire and stay here, he bought it on the presumption that he could rely on the fact that the fact that the existing uses would be maintained, namely retail. I think that this Board should consider this and we offer that as a situation where the repose of the community should have prime consideration because the objectives as stated in the zoning resolution are under Article ~, Hurposes, "provision of privacy for families"~aad under E, "maximum protection of residential areas." In the event that this Board feels that it cannot deny this application, then it is respectfully submitted that the matter be referred to the Town Board for a remapping of the area for a situation of spot zoning to consider whether or not it should be an industrial application. I thank you for your attention. THE CHAIRMAN: Anyone else wish to speak against this application? I'd be glad to hear from anybody who agrees with what has been said. THOMAS FLURRY: I agree with that. GIL CAPALDO: I a~ree. THE CHAIRMAN: Where are you both located in relation to this? GIL CAPALDO: New Suffolk. THE CHAIRF~AN: Anyone else? (Joan Robbins, Mr. Karg of 13 King Street, Carl and Laura Avant of 1st and King Street, Henry Raynor of Third Street, and Geraldine Grathwohl, President of the New Suffolk Civic Association, all gave their names as being opposed to the application.) JOHN CASE: I live right across the street on King and Fourth Street from what used to be a supermarket. At the time it was under operation with the air conditioners and his cooling system on the roof, I was in kind of a bad way at that time. I couldn't keep the windows open in the su~ertime, it kept me awake. The reason I'm going to go against it is ... THE CHAIRMAn: Just a minute, what kept you awake? JOHN CASE: The air conditioners on the roof. He'd run the freezers and air conditioners ... THE CHAIRMAN: On the grocery store? Southold ToWn Board of Appeals -17- December 22, 1977 JOHN CASE: I live right across north of the store. I'm in opposition, if they come in there and put in air conditioning again, so under those conditions I am against it. THE CHAI~3~N: And you, sir? JAMES MAIMONE: Jim Maimone, I live in New Suffolk, 60 Wicks Road. THE CHAIRMAN: Anyone else? JOSEPH NOLAN: Joseph Nolan, Orchard Street, New Suffolk. THE CHAIRMAN: Anyone else? (There was no response.) Mr. Malinowski, would you like to reply to any of these ...? JOHN MALINOWSKI: Nope, I'm not going to reply to any, there's one man I've got a reply for ... THE CHAIRMAN: Try to leave your personal feelings out of it. JOHN MALINOWSKI: No, he just said that I make the noise and he has no business property and he's doing business there and he's got the worst place in New Suffolk and they don't ob- ject to this, I don't understand it. THE CHAIRMAN: Well, I think maybe you'd better sit down then. JOHN MALINOWSKI: That's all I've got to say. I'll get rid of the place but they're going to be sorry because they're going to get worse thing than that. ANDREW GOODALE: John, we like you. JOHN MALINOWSKI: You don't like nobody, and you don't know what you're talking about anyway. And my neighbor too, I'm surprised at you. ANDREW GOODALE: There are other alternatives. JOHN MALINOWSKI: I'll find a way, I'll get rid of it. THE CHAIRMAN: Listen, we've got a public hearing going here, Mr. Malinowski. Mr. Chris, have you got anything that you'd like to say in response to some of these people's words? THEODORE CHRIS: I would like to give an answer to the gentleman over here about stainless steel and assemblF. Now, Southold Town Board of Appeals -18- December 22, 1977 I've been in this business for many years and I've worked myself since I was 12 years old. I've never found an opposition like this, what I found tonight. The reason I come down here, I want to help this community and I want to do something I like with my brains and my money, there's over a million and a half in this project, and I came to pitch people here and I came to create work. I can very well go and do the job like other people do it in other countries and the United States has been left open with no work and nothing but a lot of labor and dependent on help by other people because there's no work around. Now, I'm not annoyed about that, but the fact is when you mention stainless steel, all my parts, I mentioned earlier, were made by other manufacturers. They are delivered separately. The reason I don't want this to go out to one or two manufacturers because I lost two projects before and I fought for three years to get it back. This is the reason I want to go it like this, it won't be no assembly, it won't be no noise. When I mentioned woodwork and assembly of cabinets, my machines they require a certain thing they sit on there, I don't want to give them to somebody else to make, I make it right in the basement there. There is not going to be cabinet'making-becaUse there's no money in it. If I'm going to invent all these projects and all my time and make a living by cabinet making, gentlemen~.I don't want it. I can sell this idea and get three or four million dollars and retire elsewhere, but I feel a lot of disappointment that you p~ople are neglecting your country, which is the most beautiful country in the world, and everybody was working in foreign countries, they bring the projects to this country and sell it and they use American money. Wouldn't you like to see some projects take place and give your p~ople a living and teach a young man and get him off the street today? We have so many p-robtems, and this is my object and this is my aim to do for this Town. I don't want anything else because I've made enough money in my time and I made a good living and this is the way I look at it. I will not disturb my neighbors and I will not do any manu- facturing. Now, I'm not going to be stuck for this, I can buy another place and build my own building. But now the time con- sumed is important. I have a sister here who lives in Mattituck and I have a brother-in-law, I'm all alone by myself and the reason I moved down here I wanted to be close to them. There's allot of wonderful people here and I love this place and I feel I can help a great deal. THE CHAIRMAN: Thank you. I think one of the things tha~ Mr. Chris was tr~i.~ to explain was that he has had some of h~is' ~ve~ti~p£~r~i~'~ The purpose of assembling these things, he ~as them-m~actured by different manufacturors none 0f Who are aware of the finished product, I gues~, until later. Anyone else? ANDREW GOODALE, ESQ.: Just in rebuttal, Mr. Chairman, I may say that there is ample opportunity for the petitioner as a seller in the event that he draws a deed he can covenant that he will not Southold Tom Board of Appeals -19- December 22, 1977 permit any of the items that would bi~~ shall ~e say, objectionable to the neighbors to accrue and in the event that later on, if Mr. Chris is no longer around, the heighbors will have standing to enforce a covenant against the covenant that runs with the land and they can move in because one of the big things is that we find ~hat people come down before this Board, I know of specific cases, where they swear that they will not have any noise, they will not have any grinding, they will not have any of this or that, and I can tell you, Mr. Chairman, the noise that accrues under those situations which they promised they would not is absolutely deafening. So that is a solution whereby, let them covenant right up to their ears that they won't do this, that or the other thing and put it in the deed and then there will be an enforcement of the community of the surrounding interests that they can proceed against the existing occupant if and when he should sell the prop- erty. THE CHAIRMAN: How about the rest of the people who voted with Mr, Goodale? Do they want the Board to explore this possibility? In Other words, would any of you revise your opinion after what you'Ve heard? I'm going to suggest that the Board reserve decision unSil we've weighed all the facts presented here tonight and postpone the decision on this until the next meeting on January 12th on 7:30. ANDREW GOODALE: Would you give consideration, Mr. Chairman, to possibTy referring this to the Town Board and then we'll have an open preliminary hearing and have a legislative attempt at it. ROBERT BERGEN: If we give it to the Town Board, they~change zoning. We don't want to change the zone, we want to keep it the way it is. ANDREW GOODALE, ESQ.: ~t wouldn't get off the ground. THE CHAIRMAN: The only possibility of having this is through this Board, I'm sure. ANDREW GOODALE, ESQ.: Frankly, what we're saying is that we hope i% doesn't get off the ground, as far as my client is con- aerned. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERFE DECISION on Appeal No. 2380, John Matinowski, until January 12, 1978, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. South01d Town Board of Appeals -20- December 22, 1977 PUBLIC HEARING: Appeal No. 2379 ~ 8:45 P.M. (E.S.T.) upon application of Meyer Rosenberg, Indian Neck Lane, Peconic, New Y~rk for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling on lot with insufficient width. Location of property: south side Indian Neck Lane, Peconic, New York, bounded on the north by Indian Neck Lane; east by Rust~ Cohen; south by Peconic Bay; west by Seagyan Club, Inc. 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 disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Seagyan Club, Inc.; S. Cohen & wf.; Helen Rust. Fee paid $15. THE CHAIRMAN: Anyone wish to speak for this application? (There was no response.) Is Dr. Rosenberg here? MEYER ROSENBERG: Yes. THE CHAIRMAN: We have a photostat of the County tax map which indicates this property consists of 8.1 acres, the total property. Is that correct? MEYER ROSENBERG: Yes. THE CHAIRMAN: And your proposal, it appears on this map as though there were a property 100' by 499' that's already been set off. You want to look at this map? It's just not 6tear to~us. What's this piece here? MEYER ROSENBERG: That's Dr. Cohen. THE CHAIRMAN: I see. That was done a long time ago, right? MEYER ROSENBERG: Yes, a number of years ago. THE CHAIRMAN: And what you propose is to set off one and a half acres, approximately, on the shoreline back. The to~al depth of this property is about 1,400'. The only reason for this is you've having difficulty with the 150' width, this tends to be a long, narrow property. MEYER ROSENBERG: The existing house is right here. (on map) THE CHAIRMAN: And the existing house is too large, are you going to sell that house with the rest of the property? MEYER ROSENBERG: Yes. ~ Southold Town Board of Appeals -21- December 22, 1977 ROBERT BERGEN: Your property is 222' wide on the water now, and you want to keep 70' for the new house? MEYER ROSENBERG: I~think it will be 65', there's the old remains of a greenhouse which is curbed and that's a turning area to get into the garage. ROBERT BERGEN: You ought to keep it as wide as possible. THE CHAIRMAN: I think you could come right out to your blacktop driveway there, you could get another three or four feet. Is there another building on the property? MEYER ROSENBERG: There's a barn back here, an old barn back here and I bought the property up that way and went this way because I want to keep that barn. It has been suggested I do go, I didn't go quite up to the roadway that's existing there now but I think it's a good suggestion. ROBERT BERGEN: Well, you want to get over to your road so you'll have access. MEYER ROSENBERG: The road comes over like this so I would swing right in by the barn and then straight down. THE CHAIRMAN: Oh, your road would deviate from the present? MEYER ROSENBERG: Yes. Come off the one that exists and then in this way and right down. THE CHAIRMAN: So it will be a joint driveway from here on. You wouldn't mind bringing us a survey later of exactly what you want to do? Is there anyone else who wishes to speak for this application? (The audience indicated that they couldn't hear what was going on. The Chairman explained to them what had been said so far.½ Does that explain it? DAVID LUNDIN: I'm president of Seagyan Club. I understand, is this one piece of property right now? It's a family piece of property, am I correct? Your family lives in the large house? MEYER ROSENBERG: Yes. DAVID~LUNDIN: And what house do you live in now? When you go for, I think it's a one-family house .~.. What I'm trying to say is, we have no objection to the building of additional homes but we have objection to the fact that they're going to cut down on the size of the property. Is this is one piece of property, why cam't they expand the width a little and put their home in. Southold Town Board of Appeals -22- December 22, 1977 THE CHAIRMAN: Can you see this diagram here? DAVID LUNDIN: I would appreciate looking at it because I feel, myself., that ... THE CHAIRMAN: The present residence is here. The reason we have a Board of Appeals is because everything isn't laid out like a Kansas ptai~, 160 acre squares. This is obviously one place that wasn't laid out that Hay. These are long lots in here. (The Board and Mr. Lundin discussed the property.) DAVID LUNDIN: Then his means of ingress and egress is going to come through the Rain road there. THE CHAIRMAN: Yes. DAVID LUNDIN: ~hen why couldn't his house go back further and pick up the necessary depth without a variance? THE CHAIRMAN: The only reason he has to come in here, really, is because, it's in order to get waterfront. He can't get the 150' DAVID LUNDIN- What I'm trying to say is, this is all one piece of property~ one family. Right now they're going to break it up in two parcels. Why can't the parcel be big enough to take a house without going for a variance by moving the lot back further? ROBERT BERGEN: They'd still have to come for a variance because they can't get 150' on the road. DAVID LUNDIN: I realize that but still in all we could get a little more Width. Right now we're creating a problem. WhAt's to stop him from, the next time, coming back for another variance for the pieee behind it? THE CHAIRMAN: I think, Mr. Lundin, the reason is~fairiy simple in that you wouldn't create a long, narrow lot h~re off the water. Dr. Rosenberg is trying to, with his retirement home, trying to Obtain the benefits of the water. DAVID LUNDIN: I understand that, I know Mr. Rosenberg, I've seen him down at the beach many times. I'm still saying you're going to co~e very close to the line, you're going to create a ce~sspool problem, there's going to be cesspools put in, there's other problems to be looked at. THE CHAIRMAN- I don't think there'll be any cesspool problems, not with~8~J1 acres. He owns the whole thing now. Southold Town Board of Appeals -23- December 22, 1977 DAVID LUNDIN: I realize he owns the whole thing, he could make this a little wider here. MEYER ROSENBERG: It's going to be built behind where your clubhouse is. You know the remains of the greenhouse? It's going to be just about there, so we're setting it back. DAVID LUNDIN: I would like to see some kind of a sketch on this, at least what the buildings are going to look li~e, Where it's going to be situated, and have it delayed until we see soraething. When you gentlemen read something from a description, it's very difficult for the people out in the audience to k~ow what's happening. When they come in with a variance like this, there should be a plot plan, this is what we're going to do so I can come up and look at it. I'm in favor Of you using your property but I'm not in favor of a variance that ... M~YER ROSENBERG: There was a larger plan submitted. DAVID LUNDIN: I've never seen it, I didn't know it existed. MEYER ROSENBERG: There is a larger one among the papers I submitted. As I say, the house is going to be a one-family house with about 2,000 sq. ft. 'm~ximum. It's going to be behind the Seagyan Club, it's not going to be as close. It's going to be set back at least, I guess, about 150' back. DAVID LUNDZN: We're just as happy ~o have you as a neighbor as not, the only thing is we don't want to create a problem for ourselves or for you also. THE CHAIRMAN: I'm trying to find out what this dimension will be, I've got a computer here. 870' DAVID LUNDIN: You're looking beyond the property line in relation to the line, how close? 5', 6'? MEYER ROSENBERG: You know where the greenhouse begins? It's 15' from the line. THE CHAIRMAN: You would not be any closer than the present greenhouse. MEYER ROSENBERG: No. DAVID LUNDIN: Can you hear that, members'of Se~gySn? ~ Thsy wouldn't be any closer than the present greenhouse. THE CHAIRMAN: The lot here would be 870' long and about 7~' wide. Anyone else have any questions? Southold Town Board of Appeals -24- December 22, 1977 MARION REGENT: How far back from ... DAVID LUNDIN: Where the greenhouse is. MARION REGENT: Oh, where the fire wa~. THE CHAIRMAN: Any other questions? FREDERICK REGENT: Is there any possibility that he might want another variance later on towards Indian Neck Lane? THE CHAIRMAN: I think this is occasioned by the fact that the Reddin house, the original Reddin house, slate roof, brick construction, very substantial, was centrally located on the waterfront, on a 300' lot. Mrs. Reddin sold the easterly lot 100' at the north end by about 70' odd on the Bay and thereby compressed the remaining waterfront and left the large house quite ~ose to Dr. Cohen's property. I'm not sure when that was built. All Dr. Rosenberg proposes is to do approximately the same thing on the other side where the present greenhouse is located. FREDERICK REGENT: Are you going to have your own d~iveway directly back to Indian Neck? MEYER ROSENBERG: I'm utilizing the present one and at the s~ame place where Dr. Cohen's forks off toward his house, I would make it go in front of the barn that's there and then come right down to the property. FREDERICK REGENT: Back to my original question, is there a possibilit.y that you'll come in later on for another variance for a house back toward Indian Neck Lane. ~HE CHAIRMAN: I would think there'd be no hardship. The rest of the property is perfectly adaptable to subdivision development if %hat's the way it went. There's no reason why it couldn't go that way. The only thing is that in dividing the rest of the property you would have 150' dimensions perhaps on either side of the entrance diiveway. DAVID LUNDIN: Do you have any idea of the distance between the existing dwelling, the main house I~m Speakin~ ~°f now, and our line? THE CHAIRMAN: I would guess that it's about 100' D~ID LUNDIN: I would think it's probably more because they have si~a~ed in there several bath houses and steps leading up on a long'angle going up above, so I would guess it's probably over 100'. Southold Town Board of Appeals -25~ December 22, 1977 MEYER ROSENBERG: No, sir. I'm taking the property, the greenhouse has a curb ... DAVID LUNDIN: That's why I say, it would be a lot simpler for us to make a decision if you had a plot plan here. THE CHAIRMAN: It doesn't seem to be in the file. MEYER ROSENBERG: I did send a couple of photostatic copies showing more or less exactly where it was. (Fred Hulse, Jr. arrived at 9:10 P.M.) ~-DAV~D_~LUNDIN: I'd like to understand the problem. When I hear the gentleman reading something off a piece of paper, it doesn't mean a damn thing to me, he's talking about this line and that line. If we had something we can look at, we can determine ... THE CHAIRMAN: How much of a hurry are you in here, Dr. Rosenberg, a great rush? MEYER ROSENBERG: No. They've been lovely neighbors and I'd ... THE CHAIRMAN: He can bring us a plot plan and we can go into this at the next meeting. I'll tell you ~hat~-.~ you divide 60' in depth into an acre and a half of area, 60,000 sq. ft., you come out with a dimension of 870' DAVID LUNDIN: It depends on how the acre and a half is laid out. You can have 100' by 400' too. THE CHAIRMAN: Yes, but you can't here, not without interfering with the ... see, the garage on the original Reddin house faces west. MEYER ROSENBERG: That's another reason I can't, I still have to allow for the turning into that garage. THE CHAIRMAN: Incidentially, how do you get a car in those garage doors, they looked like they were only 5' wide? MEYER ROSENBERG: We never use it for the car. On mo~ion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RECESS the public hearing on Appeal No. 2379, Meyer Rosenb~rg, to January 12, 1978, at 7:40 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Gri~onis, Doyen. $outhold Town Board of Appeals -26- December 22, 1977 PUBLIC HEARING: Appeal No. 2374 - 9:05 P.M. (E.S.T.) upon application of Advent Lutheran Church, Legion Avenue, Ma~tituck, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 D 6(2) for permission to erect off-premises directional sign. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Long Island Railre~ad; east by M. Sidor and Legion Avenue; south by Main Road; west by Associated East Lending Corp.~ Factory Avenue. The Chairman opened the hearing by reading the application for a special exception~ legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Associated East Lending Corp.; Martin Sidor. Fee paid - $15.00. THE CHAIP~5~N: Is there anyone present who wishes to speak for this application? ~EV. SUMMERS: In light of the hour, I just want to say that our church ts a half a block off of the Main Road. We have secured permission from the cemetery on the corner that on their property we cQuld erect a sign stating that the church is there. It's not on the roadway's property, it's on the cemetery's. THE CHAIRMAN: The only problem we have is that that is an intersection and that hedge,~ incidentallyT~ should be cut down to 30", which is a requirement under the-Ordinance. The sign that you would locate there would have to be 20' back from the inter- section of the property lines on the cemetery property. Otherwise it would be a traffic hazard. It's already a dead corner because the road curves from the, coming from the east and a hedge blocks your view to the west when you come out onto Route 25 there. I don't know whether you noticed it or not. REV. SUMMERS: Yes, I'm quite aware of the bad corner. The cemetery is not connected with our Church, it's a private corporation, so they'll ha~e to prune it. And certainly 20' back from the intersection would be good because there's also a telephone pole and we would not want to locate the sign immediately behind the pole, that would block it. THE CHAIRMAN: As I read Stanley Parkin's letter here, he wants it to be located between the sidewalk and the privet hedge. REV. SUMMERS: There's quite a distance between the sidewalk and tke p~ivet hedge. He hasn't stipulated, and neither-have we, how far from Legion it is. THE CHAi~N: But we would have to stipulate that~ you see. REV. SUMF~RS: Just tell us and we'll do it. Southold Town Board of Appeals December 22, 1977 THE CHAIRM~N: At least 20' from Legion Avenue and from the property line intersections, the cemetery lines. The one that runs arou~d ~oute 25 and the one that come'S out on Legion Avenue. Cars park there. Also, I guess we'll have to write them a letter about trickling the hedge, it should be trimmed to 30" and that should help your sign, too. REV. SUMMERS: The sign would~be on the road side of the privet hedge. But it would help our members who are trying to make a turn out of that corner and trying to deal with the puddle that forms there and it's icy and all the cars that are parked at the Deli so we're locked in for visibility on all sides. THE CHAIRMAN: ~here would you like to put.the sign? REV. SUMMERS: Basically in front of the cemetery on the Main Road. We want visibility on the Main Road. THE CHAIRMAN: You want it on Route 25? REV. SUMMERS: On Route 25, not on Legion Avenue. THE CHAIRMAN: Can you get it back 5' from the property line there and 20' from the intersection? REV. SUMMERS: I don't know whether the privet hedge is the property line. I'm sure the privet hedge is quite a distance, I know it is, behind the sidewalk, there's a paved concrete sidewalk there. We're talking about the sign being back, it would certainly h~e to be on the road side of the privet hedge but I'm sure there's 15' or 20' in there between the sidewalk and the privet hedge. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) A~ter investigation and inspection, the Board finds that the applicant requests permission to erect off-premises directional sign, north side Main Road, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will be not permanently or substantially injured and the spirit of hte O~dinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Advent Lutheran Church, Legion Avenue, Mattituck, New York, be GRANTED permission to erect off-premises directional Southold Town Board of Appeals -28- December 22, 1977 sign, ~orth side Main Road, Mattituck, New York, as applied for, subject to the followin~ condition: The sign shall be located at least 5' from Route 25 and at least 20' from the intersection of Route 25 and Legion Avenue, being the northeast intersection. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2372 9:20 P.M. (E.S.T.) upon application of Joseph J. Frohnhoefer a/c Joseph A. Esquirol~ Jr., 1350 Lupron Point Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lupron Point Road, Mattituck, New York, bounded on the north by Right-of-way, M. Kelsey; east by B. Mason; south by Deep Hole Creek; west by B. Mason. The Chairman opened the hearin~ by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspaper, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mrs. Burden E. Mason; Mr. Mel Kelsey. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this~application? Is Mr. Esquirol here? (There was no response.) JAMES MITCHELL: I'm here in place of Joseph Frohnhoefer. THE CHAIRMAN: How close does he want to place this garage, do you know? JAMES MITCHELL: To what, the road? THE CHAIRMAN: Yes. JAMES MITCHELL: 15' from the road and the east boundary line, 5' from that. 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 accessory building in front yard area, Lupton Point Road, Mattituck, New York. The Southold Town Board of Appeals -29- December 22, 1977 findings of the Board are that the neighborhood has many residences which have the same problem. The Board finds that strict application of the Ordinance would produce practibal 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 d~strict; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Joseph A. Esquirol, Jr., 1350 Lupton Point Road, Mattituck, New York, be GRANTED permission to construct ~ccessory building in front yard area, Lupron Point Road, Mattituck, New York, as applied for, subject to the following condition: The building shall be located at least 15' from the front yard line and at least 5' from the side yard line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2371 - 9:25 P.M. (E.S.T.) upon application of JoAnn Talbot, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lot 12, Map of Nassau Point Properties, Cutchogue, New York. 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 disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Bernard Goeler; John H. Walters. Fee paid - $15.00. THE CHAIRMAN: This is a lot located in an area which has adjoining lots with similar difficulties. Is there anyone present who wishes to speak for this application? WILLIAM JACOBS: I'm the contractor for JoAnn Talbot. It's a similar situation where garages are in the front yard. It's well set back, approximately 150' to the garage from the road. Garages in the neighborhood are that way being waterfront property. THE CHAIRMAN: The full depth of the lot on one side is 385', the other side is 347' There's a note here, "probable garage 3' off northerly side." WILLIAM JACOBS: I had it staked out. Southold Town Board of Appeals -30- December 22, 1977 THE CHAIRMAN: You think 5~ would be better there or would that bother you? WILLIAM JACOBS: It would block the house too much. I'd rather be on 3' there if that's all right. THE CHAIRMAN: The lot is narrow. WILLIAM JACOBS: There's too much to take down and it would be blocking the house. 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 accessory building in front yard area, east side Nassau Point Read, Cutchogue, 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. Doyen, seconded by Mr. Hulse, it was RESOLVED~ JoAnn Talbot, Nassau Point Road., Cutchogue, New York, be GRANTED permission to construct accessory building in front yard area, Lot 12, Map of Nassau Point Properties, Cutchogue, New York, as applied for, subject to the following condition: The garage to be constructed shall be at least 3' from the northerly line and at least 100' from Nassau Point Road. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2370 - 9:30 P.M. (E.S.T.) upon application of Edward and Kathryn Robedee, i935 Pine Tree Road, Cutchogue, New~ York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Pine Tree Road, Cutchogue, Southold Town Board of Appeals -31- December 22, 1977 New York; Lot 2lA and part of lot 22, Map of Nassau Farms, Cutchogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in.~he official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by cer to: John LeViness; Allen T. Schwab. F THE CHAIRMAN: The blueprint which application is by Van Tuyl surveyed Mar is on Pine Tree Road and somewhere I ha is about 52,000 sq. ft., is that correc EDWARD ROBEDEE: No, that would be THE CHAIRMAN: No, the whole prope EDWARD ROBEDEE: It's 1.59 acres. THE CHAIRMAN: it was. tified mail had been made ~e paid - $15.00. was submitted with this ch 20, 1973. The property ye a note here that this t? 17,000 sq. ft. :ty. 69,260 sq. ft., that's larger than we thought EDWARD ROBEDEE: It's approximately an acre and a half, plus. An acre and a half would be 66, right? THE CHAIRMAN: Yes, it's approximately 69,000 sq. ft. The proposal here is to s~parate 17~000 sq- ft. on the southerly side of this property leaving approximately 52,000 sq. ft. The reason why, as we looked at it, aK we were to~d by the Building Inspector, that this is held to 17,000 sq. ft. is you're trying to stay away from the blacktoP driveway, is that correct? EDWARD RQBEDEE: Yes. There's on~ other reason, too, if I may explain it. The former owners spent an awful lot of money nShrubs and stuff around the driveway that we now have to take are Of. 'By cutting it off as we have. they will have the shrubs so we'll have the protection. THE you have An~ speak aga I don't think it makes any difference whether operty or a ~hird ~f it Or two thirds or wh~t. speak for th~s aPplication? Anyone wish to ~his application? (There was no response.) After investigation and inspection, the Board finds that the apPlicant~ requests permission to d%vide property with in- sufficient width and area, east side Pine Tree Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. Southold Town Board of Appeals -32 - December 22, 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 properties alike in the immediate vicinity of this property and in the s~me use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogue, New York, be GRANTED permission to divide property with insufficient width and area, east side Pine Tree Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2373 9:40 P.M. (E.S.T.) upon application of John Xikis, 32-55 Steinway Street, Astoria, New York for a special exception in accordance with~the Zoning Ordinance, Article VI, Section 100-60 B l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenport, New York, bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiola, and Papantoniou. The Chairman opened the hearing by reading the application for a Specia~:exCeption, legal notice of hearing~ affidavits attesting to ii~s publication in the official newspaper, and disapproval fr~om the Building ~nspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John Poliwoda; Lewis Hodor; Peter Papantoniou; A. Caiola; Joseph C. Cornetl. Fee paid - $15.00. THE CHAIRMAN: You put that legal description in there, shouldn't there be something else i~ the application describing what you want to do? RUDOLPH BRIER, ESQ.: I think it's pretty well stated in that, we want to make a motel and a restaursnt. The Ordinance, it's zoned for Light Business, the Ordinance provides that we can have a moteI with a special exception from thai ~oa~ of APpeals. We are asking for that special exception. I think the ... THE CHAIRMAN: Would this be a combination restaurant with the motel or would i~ be a separate restaurant and motel or some other configuration? Southold Town Board of Appeals -33- December 22, 1977 RUDOLPH BRUER, ESQ.: I figured as far as the configurations go, you really can't make any determination at this time until you go before the Planning Board because the Planning Board must give us site plan approval. We're going to be stuck with whatever they want us to do, probably. THE CHAIRMAN: I think the Planning Board is required to give site plan approval but there are certain requirements in the Ordi- nance that minimize the number ~of motel units that you can have, the parking requirements and so forth. RUDOLPH BRUER, ESQ.: I understand the Ordinance and I under- stand that there's a density requirement. One of the requirements, the property, as you can see, is 375' by 300' which gives it THE CHAIRMAN: 112,000 sq. ft. RUDOLPH BRUER, ESQ.: And 500, right. The density requirement says that there shall be per unit 6,000 sq. ft. for each unit where there is no public sewer or water. THE CHAIRMAN: That gives you 18.73 units. RUDOLPH BRUER, ESQ.: I had a question in my mind ... THE CHAIRFkAN: You have to deduct the space, you have to deduct from your division there, the 112,500 sq. ft., you have to deduct %he actual area occupied by the restaurant as well as the parking requirements of the restaurant. If you had 100 seats in the restaurant, you'd require 25 parking spaces. Each of th®se would require approximately 400 sq. ft. You would multiply 400 by 25, that would give you a deduction for your density~ additional deduction, of 10,000 sq. ft. That would take another unit off, you're down to around 15 units probably if you assume ... the restaurant might be how big, 2,500 sq. ft.? RUDOLPH BRUER, ESQ.: I really don't know. THE 'CHAIRMAN: I'm just trying to get a rough idea. It looks as t~ou~h you could have, if this Board grants this special exception, approximately 15 to 16 units, motel units, plus the restaurant, assuming the restaurant is a normal sized one, normal parking requirements. ~UDOLPH BRUER, ESQ.: It was my understanding that the restaurant would basically be servicing the motel. THE CHAIRMAN: You couldn't keep-out others, I don't believe. ROBERT BERGEN: You wouldn't refuse them, either. RUDOLPH BRUER, ESQ.: No, I mean that would be the purpose 0f it. Southold Town Board of Appeals -34- December 22, 1977 THE CHAIRMAN: There wouldn't be any distinction as far as Zoning is concerned. You have parking requirements for the restaurant. As we understand the application, you have a basic right to the restaurant but the special exception has to be granted by this Board. RUDOLPH BRUER, ESQ.: I understand that. THE CHAIPuVuAN: I'm just making sure everybody understands. When is this project, is this property purchased yet? RUDOLPH BRUER, ESQ.: Yes, in 1973. THE CHAIRMAN: Owned by Xikis since 19737 RUDOLPH BRUER, ESQ.: Yes. THE CHAIRMAN: The Zoning, the Business zoning refers to the full depth of this property, as I understand it. It's.not ~like some of the business zones around here which are~only' 200' in depth. Mr. Teeves owned it originally prior to z0nin[gland, made a very strenuous demonstration, I was on the Zoning CO~Unit~ee at the time in 1957, requesting a Business zone which we, at that time, thought was inappropriate and uncalled for and 'nst what we ... we considered it strip zoning which ruined ts of Long Island, as you know. However, Mr. Teeves put at strong argument that we, I guess we were rather naive,~we gave in and he got the Business zone. One reason Was that he~ had~a real estate office which was required to be located in the Business zone, so he wanted all of this property zoned Business~ ~so he felt that the Sound Shore Motel, he should have Whatever they had, down the street a ways. But across the street, the beach is zoned residential and does not tend itself to an accessory use to the motel. Does anyone else wish to speak for this application? RUDOLPH BRUER, ESQ.: I'd like to make a couple on it. I think the property lends itself~%o i~. up the stree~ there is the Sound Shore, a little ~e are two motels'. Ira's on the water, it's on ch, apparently, they plan to widen, possibly to a )ad. I will point out further that the avowed purpose of the Town'is to promote tourism and people to come and visit the area and enjoy the recreational facilities of it and I think this lends itself to that type of activity. I think'i~'s in the spirit of the so- called, I don't know whether we have a master plan, but the so-called purposes that the Planning Board kicks around. I think it's in a good spot for it. THE CHAIRMAN: One of the key elements of any master plan is to avoid strip zoning and I'm sure that the things that you mentioned would be included in any summary of our master plan. There is no summary of our master plan. Southold Town Board of Appeals -35- December 22, 1977 RUDOLPH BRUER, ESQ.: There are comments that have been passed around at ~arious meetings. THE CHAIRMAn,: It's the sum of all the thinking, of all the decisions and all the engineering surveys, Raymond and May and Malcolm Pirnie water surveys, it's the sum of all of those things is what might be called o~r "comprehensive plan." But you can't really put your finger on it, it's policy. New York doesn't have one at all, they've been trying to write one for forty'years. Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? ABRAHAM,NISSENFELD: I do. THE CHAIRMAN: How close are you located to this? ABRAHAM NISSENFELD: Across the street. I'm 6n the beach side of the street. There are a number of motels in the area and r~cently one motel was sold because business was poor. Other motels are having problems keeping open. In addition to this excess of'motels around there, only one motel reall~y is making money on this deal. In addition to all these motels, we have a problem in the area where people from Town Beach go wandering along the beach for about 2,000 feet and interfere~i~h the residents', use of their own beach. If a motel is placed in an area where you can't get access to the beach unless you go a considerable distance either way, the people that will live in the motel are bound to cross the property on the beach side and cause disturbances there. There are enough disturbances there now, we have to call the police many times because people get on the beach and they tell us that we can't chase them because they're below the high water mark, that's the typical excuse. What is to stop the motel people from coming across and qgtting on the beach and then you can't chase them off? They interfere with our~.operation, our use of our own beaches and the motel will definitely create more of this. If they had an access to the beach and they kept the people to their own area like they do further down the row, we couldn't possibly object to that. But this is absolutely going to create problems with the residents across the street. THE CHAIRMAN: Your objection is not to the motel or the restaurant, it's to the use of the beach that may occur by the residents of the motel. ABRAHAM NISSENFELD: But the motel is a source of that ~rouble. THE CHAIRMAN: In your view, and I would tend to agree with you, it would be extremely difficult to keep the people in the motel from crossing the road. $outhold Town Board of Appeals -36- December 22, 1977 ABRAHAM NISSENFELD: Especially when they're facing such a beautiful beach. THE CHAIRMAN: On a beautiful beach that is owned by the proprietor of the motel and, even though it's not zoned for public use of the occupants of the motel, it would be putting an impossible burden on the enforcement authorities. It's some- thing we could do but I agree with you, that it would not be effective. ABRAHAM NISSENFELD: There's another thing we have to keep in mind. The character of the area is so wonderful because it is kept to private residences. A real estate office has more or less been considered a desirable asset even in a private area, but then3-to change it to a motel which is definitely not desirable in a residential area of such high quality that it tends to take it all out of proportion. THE CHAIRMAN: In our original zoning out here, we only had three zones, "A" Agricultural-Residential was one zone; Business was another zone and a real estate office had to fall in the Business zone and practically everything else,-ex~ept industrial, there were a few industrial plants in the Town. Ours was really a very simplified zoning and none of us here understood it too well including the people in the Town, except if~theY'd come from someplace that did have Zoning, and part of our job was to sell Zoning to the Town at all. Undoubtedly there were mistakes made and, in my opinion, this was one of them. Anyor~a else wish to speak ~.. I mean the way this property was zoned was a mistake. Anyone else wish to speak? J. C. CORNELL: I am also one of the owners on the west side of the property in question. Mr. Bruer stated that in the Ordinance you can put a motel up under "B" Business. I am not aware of this. I believe that this comes under Multiple Dwelling. THE CHAIRMAN: It does now. J. C. CORNELL: I believe it comes under Multiple Dwelling so it does not, I don't even see why this is being brought up because it would have to be rezoned for Multiple Dwelling, which I'm sure nobody's going to pass now. THE CHAIRMAN: In the revised Ordinance, an applicant in the "B" zone was permitted to make an application for a motel or tourist home normally permitted in the "M" zone. So this had to be done by special exception, that's why he's here. J. C. CORNELL: Well, is there a special exception since the "M" zone or the Multiple Dwelling zone was adopted last year? THE CHAIRMAN: There is if we grant it here. You're permitted to ask for it, that's the point I'm making. The reason that was Southold Town Board of Appeals -37- December 22, 1977 put in there was, I think, that the Town fathers became aware that, with the abandonment of the shopping center on the other side of Mattituck, that there were efforts to convert that to dwellings, see, and so we put a change in our Ordinance which require~ that only can it become a dwelling by special exception or a variance by this Board. The same thing applied to motels. But at the time they made all these changes, they also picked up a lot of poor, what might be called poor business zones which occurred as a hangover from the original Ordinance, things which should hot,have been business but still are. Teeves is one of them which I personally think they should have picked up. J. C. CORNELL: Excuse me, why is this imposition pu~ upon the Building Department and you fellows here when even~tually it's going to go through the Department of Environmental Control which also has their impact ruling right now~ I'm certain they're going to go into this because even if the Building Department here was considering it, we still have to go through the Department of Environmental Control and Larkin and everybody else. THE CHAIRMAN: The DEC. Personally, this is just my opinion, I don'% think DEC would block a motel here. I think the County Planningi~Co~mission would be against it. I'm a member of the County Planning Commission, I know how they think. Tkis is strip development, it's multi-family use of a high-speed'road, it ~ endangers people crossing the road to the beach. We're also developing that same problem down at Jack Levin~s motel at Sound Shore. They have to create parking across the street, so we've got the same problem there. This would compound the problem on the road. We can't get the State to change the spe~d limit. J. C. CORNELL: In addition, we have the new development that's just starting there, Shore Crest, which is right adjacent to it. It's all improved roads and curbs and undergroUnd utilities and everything else already completed in there, right next to'it. I think that would be detrimental. So I'm in opposition to it and I'd like to go on record as such. T~C~AIRMAN: Anyone else? RUDOLPH BRUER, ESQ.: If I may make a comment with respect to Mr. Corne~l's remarks~ Assuming that the property was zoned 'Multiple, we would s~ill have to come before the Board for a special exception anyway. THE CHAIRMAN: It depends on which Multiple Zone. RUDOLPH BRUER, ESQ.: No, it doesn't. There's no absolute right to a motel unless he comes before the Board. T~E CHAIRMAN: We haven't had a motel for a long time. Southold Town Board of Appeals -38- December 22, 1977 RUDOLPH BRUER, ESQ.: The "B-l" also gives the right to come to this Board so you have it in those three zones, I don't know aboUt "C". THE CHAIRMAN: (referrin~%~'~the Ordinanc&) Multiple dwellings, hotels and motels are'Uses permitted by special ex- ception in the "M-l" General Multiple-Residence District. In the "M" Light Multiple-Residence District, "Multiple dwellings nou exceeding one hundred twenty-five ~12~5) feet in length designed for and occupied by nor more than four (4) families." That's really an apartment house use. DOMINIC AURICHIO, ESQ.: Dr. Caiola is in the development that Ru~h put through there, he built a home of considerable investment. THE CHAIRMAN: In what development is that? DOMINIC AURICHIO, ESQ.: The Ru~h development whs.re it says Dr. Caiola on the west. THE CHAIRMAN: That was a house built on speculation and he bought it, right? DOMINIC AURICHIO, ESQ.: Me bought the house from Cornell. But whether it was built for speculation or not is a side'question, the man went there to live in the development and he bought the house, he invested well into it. It was in a building development of homes and they were put up %o be resold. The point that I raise at this time is that when you have a statute or a law that says this, this, this, and this are subject to a special exception which must be evaluated by the BOard of Appeals. THE CHAIRMAN: There are about 18 different considerations. DOMINIC AURICHIO, ESQ.: It would be in my oplr UI~lO~k at it, that in order to reach a conclusion of gra~tin¢ special exception, the Board, in its learned manne .evalu- ate what is there existing, what is the nature entire thing, and what is the impact of this special exception in the midSt of what has started in the development and the nature in which it now exists. Therefore, if you take, on. the one hand, say y , we'll put that in," what happens to the people around it? They may now be placed ~n a position of nuisance that they did not envision. It now remains only for this Board to evaluate that, and that's the main factor in the evaluation, that you may be damaging others who are investing. THE CHAIRMAN: You might very well damage any future sales there. DOMINIC AURICHIO, ESQ.: Future sales also, here's a man who invested, put all of these utilities in and roads, he has sold some, and now abruptly it's over. Southold ToWn Board of Appeals -39- December 22, 1977 THE CHAIRMAN: t think that would be normal, to consider all those factors, and I'm glad you mentioned it. DOMINIC AURICHIO, ESQ.: You've got motels that are standing in the area, the Sound Shore Motel is a vast area. Mr. Levin, at that point, bought and acquired a hundred acres or more across the road. THE CHAIRMAN: He's on both sides of the road, that's correct. DOMINIC AURICHIO, ESQ.: And he's got it all the way down just short of Albertson Lane almost up to Chapel Lane and almost way back to the Main Road. It's created an atmosphere of real rural and real country life, but to put a thing like this, lets go back into New York City and put up a rooming house in the midst of these other houses. It's not conducive to what we're trying to create out here and I think it has more of a diminishing value effect than to up-grade the area. THE CHAIRMAN: Do you know what we're trying to create? Everybody says to leave it the way it is. DOMINIC AURICHIO, ESQ.: No, I don't mean that. That is not my intent in speaking. If you want to leave it the way it is then it's horrible, but I don't want to make it worse than it is. I want to have it get better, something that is environ- mentally so and is conducive to attracting people. You don't want to put something up that's mixed in the midst of things which tends to degrade the area. If you've got to go and do it, take it and develop~it and have a plan, something that will in- duce people to come ~here and not demolish the area and hurt people that are around there. You have people that are well invested along there on that waterfront also. THE CHAIRbLAN: Anyone else? Town resident, taxpayer~ and a ~o on record against this proposed re 1 not because I have my own axe to grind, nks of, but the area doesn't need the restaurant or the Tery motel that's there is empty except weekends. As far as the restaurant's concerned, there's 40 restaurants in the Town now. THE CHAIRMAN: Do you know the Chairman of thelZoning Board. in Southampton, he's a motel owner over there? He told me an odd thing, maybe you can confirm it. Out.in Montauk when there were one or two motels ~ut there, they starved. As soon as a few more were built, they all filled up. Can you explain that. JACK LEVIN: Not that one, no. Southold Town Board of Appeals -40- December 22, 1977 (Mr. Aurichio discussed the situation on Montauk, and the North Fork Motel.) THE CHAIRMAN: Anyone else? RUDOLPH BRUER, ESQ.: I would object to the term "rooming houses" there. Also, not to dwell on it, as you have indicated many times here tonight, the property has been zoned Business since we've had any zoning here, and anybody who has in~ested money and has looked, they could easily have found that they had a business use here. PartiCularly a few years ago, I could be wrong, but I don't think there was any requirement to come to the Board for any special exceptions regarding this type of use. We do have a business use, there is a right here to go ahead and have retail stores and other various uses of a business nature. It just seemed to us that with respect to this property, it does have the zoning with the special exception, that it would fit into the type of business tha~ this area is leaning to. THE CHAIRMAN: I see. Anyone else? JOHN CORNELL: I'm close to being the owner of a parcel of that piece of property right in Shore Crest Estates. THE CHAIRMAN: You own a piece of property in Shore Crest Estates, is that the subdivision to the west developed by the Ruches? JOHN CORNELL: Yes. Ail I'd like to say is that, being involved in Town politics a little bit, I understand that one of the biggest things the Town would like to do is keep the youth in the Town. I'm in the process of buying that piece of property, one piece of property over there for building a house. It's expensive enough for somebody my age Who just got married to own a piece of property, but I do feel that having a restaurant or a motel or whatever directly behind the piece of property that I want to buy is definitely a deterrent against my particular neighborhood that I want to live in. THE CHAIRMAN: Anyone else? Any other questions in connections with this? (There was no response.) THE CHAIRMAN: I'm going to suggest that the Board postpone decision on this so that the Board can evaluate everything that's been said here and study this proposition some more. motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERVE DECISION on Appeal No. 2373, John Xikis, to January 12, 1977, at 7:50 P.M. SoUthold Town Board of Appeals December 22, 1977 Vote of the Board: Ayes: Gillispie, Bergen, Hulse, Grigonis, Doyen. (Mr. Walter Sledjeski, owner of Porky's Restaurant, wanted to go on record as being opposed to the application. The Chairman also read the letters and telegrams from the following people who were opposed to the application: Genevieve V. Thompson; Madeline Klein; Evan W. McLave; Mrs. Thomas A. LitSch; Herbert J. Brown; David E. Driscoll; George and Ella Weidenmuller.) PUBLIC HEARING: Appeal No. 2378 - 10:20 P.M. (E.S.T.) upon application of George C. and Minnie Baker, 83 Fenway, Rockville Centre, New York 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 yards. Location of property: west side Sylvan Drive, East Marion, New YOrk; Lot 10A, Gardiners Bay Estates, Section II. 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 disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Keith Lyman; David Fisher; John Bros~h. Fee paid - $15.00. THE CHAIRMAN: This lot, as I understand it, is in single and separate ownership since before the Ordinance? GEORGE BAKER: Yes. THE C~AIRMAN: And by today's standards it's undersized, 40' by 100.', but it's a perfect example of a man being able to use his own property and certainly no one can deny it. The only thing we can d© is to require that you locate in accordance with the B~rd of Health recommendation here. GEORGE BAKER: I believe I filed that plot plan with the Board of Health's approval on it. T~E CHAI~: It's not ~lear, they want you to go further off th~ back line towards the front .-. GEORGE BAKER: Yes, I know that. T~E CHAIRMAN: And on the blueprint there's a 40' setback. That has to be reduced? GEORGE BAKER: From the back it has to be increased. $outhold Town Board of Appeals -42- Deceraber 22, 1977 THE CHAIRMAN: Increase in the back which would, if you're going to keep ~ the same size house, unless you're going to compress it~. GEORGE BAKER: No, we're going to move it out in front. THE CHAIRMAN: SO how much do you have to push it out in front under the 60'? The house next door is pretty close to the street so I think you can go as far as, I'd say you could go within 15'? GEORGE BAKER: I'd say further than that, 25' easily. THE CHAIRMAN: I guess that will satisfy the Board of Health but you're going to be in a jam if you have any, if you increase the family in any way, there's no way to go. SECRETARY: One of the neighbors called in, I wrote you a note there. He wanted to know about the drainage. THE CHAIRMAN: Does anyone else wish to speak for this application? (There was no response.) We have a note here, "Keith Lyman, 7 Orchard Lane, Nanuet, NY called with regard to the Baker hearing. He had planned to attend the meeting tonight but something came up and he isn't able to be here. Mr. Lyman owns the lot next to the Bakers, Lot llA." Is he south or north of you? GEORGE BAKER: North. THE CHAIRMAN: "He is concerned about the parking for the lo~ (he says t~e s~reet is too narr6w to pa~kiOn ~;'?! He~s right, it~'s only 20' wide., "... and wants to know if ~hey!lI have enough room'on~ their lotI) and he is also concerned 'ab6ut the drailnage'. Apparently, the Bakers' lot is flooded whenever it rains, and if they have! to fill 'in order to build the ho~se, Mr. Lyman is afraid the water will run onto his property." It's entirely normal in subdivisions ~to require drainage. I think a condition of granting this application should be that you contain the water runoff from your property on your own property. If you do any filling, make sure that the drainage remains on your property. YOu should put a dry wall or something in. G,E~RGE BAKER: Yes, and as for a garage I think we will design something that we can run under the house. It's on a hill. THE CHAIRMAN: So if you have a garage you'll put it in the cellar. % Southold Town Board of Appeals -43- December 22, 1977 GEORGE BAKER: It will be on ground level. I didn't go to an architect because I didn't know how much side yard I would get. THE CHAIRMAN: You're asking for 9' on each side and I think that's reasonable. GEORGE BAKER: I thought I was asking for 6' THE CHAIP/~AN: You're right, 6' I think that would be reasonable in this size lot. Any other questions? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct dwelling with insufficient side yards, west side Sylvan Drive, East Marion, 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. Bergen, seconded by Mr. Hulse, it was RESOLVED, George and Minnie Baker, 83 Fenway~ Rockville Centre, New York, be GRANTED permission to construct dwelling with insufficient aide yards, west side Sylvan Drive, East Marion, New York~ Lot 10A, Gardiners Bay Estates, subject to the following conditions: The applicant shall place his house no closer than 6' to either of the side lines and no closer than 25' from Sylvan Drive. All drainage from the property shall be contained on~ the property. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBL~C HEARING: Appeal No. 2316 - 10:30 P.M. (E.S.T.) upon application of Alexander and Ann Robinson, Jr., 25 Dairy Road, Greenwich, Connecticut c/o W. Gordon Ahman, Fishers Island, New York for a variance in accordance with the Zoning Southold Town Board of Appeals -44- December 22, 1977 Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, Fishers Island, New York, bounded on the north by H. Doroshevich, P. Peishoff, H. Parsons, and West Harbor; east by Sterling Street; south by R. Elwell; west by Montauk 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 disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Hannah Doroshevich; James A. Peis~off; Harris B. Parsons; Roberta C. Elwell. Fee paid - $15.00. THE CHAIRMAN: This is occasioned by an irregularly shaped parcel. SERGE DOYEN, JR.: It doesn't have the frontage, it has more than sufficient area. On this street it's insufficient and on this one it has insufficient frontage. THE CHAIRMAN: This property has 10 courses. The piece adjoining it has seven courses. Anyone wish to speak against this application? (There was no response.) After investigation and inspDction, the Board finds that the applicants request permission to divide property with insufficient width, Montauk Avenue, Fishers Island, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicants. The Board finds that strict ~pplication Of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would ~nO.t be shared by all properties alike in the immediate vicinity of this property and in the s~me 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. Doyen, seconded by Mr. Hulse, it was RESOLVED, Alexander and Ann Robinson, Jr., 25 Dairy Road, Greenwich, Connecticut, be GRANTED permission to divide property with insufficient width, Montauk Avenue, Fishers Island, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. ~°~-- So~thold Town Board of Appeals -45- December 22, 1977 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED.that the Southold Town Board of Appeals APPROVE minutes dated December 1, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion%~y Mr. Gillis~ie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals APPROVE minutes dated December 9, 1977 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Grigonis, seconded by Mr. Doyen, ~it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.S.T.) , Thursday, January 12, 1978, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Hulse, it was RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 11:00 A.M., December 30, 1977, at the Town Hall, Main Road, Southold, New Yor~. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Ten (10) Sign Renewals were reviewed and appr~ submitted. The me,ting was adjourned at 11:00 P.M. .~.~ectfull~.~x~submitted, ~a~E. Dawson Secretary oved ~0~ , ~