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HomeMy WebLinkAboutZBA-12/01/1977 APPEAL BOARD MEMBERS Ro~oert W. Gillispi¢, Jr., Chairrn~n Robert Bergen Charles Gri~onls, Jr. Serfl¢ Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, I. l., N.Y. 119"71 Telephone 765-£660 MINUTES Southold Town Board of Appeals Decembe~ 1, 1977 A regular meeting of the Southold Town Board of Appeals was ~eld at 7:30 p.M. (E.S.T.), Thursday, December 1, 1977, a% the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr.; Serge DOyen, Jr. Also present: Shirley Katz, Long Island Traveler-Mattituck Watchman. 7:30 P.M. - Recessed hearing upon application of Doris Helf, 1965 Bray Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30 and Bulk Schedule for permission to set off lot with insufficient width and area and construct dwelling; Location of property: East side Bray Avenue, Laurel, New York, bounded on the north by G. Tapfar; east by D. Harkoff; south by E. Klett; west by Bay ~venue. THE CHAIRMAN: This is a recessed hearing on ~oris Hell, Appeal No. 2338. We have a letter from the Town Clerk indicating that Supervisor Mart~cc~ia has been authorized, and i understand from Bob Tasker that the contracts were signed yesterday. WILLI~ CLARK, ESQ.: We are in con~rac~. I want to ask that yo~ the variance just on the small chance that this consumated, I have no reason to believe it won!t won't have to make another application. T~E CHAIRMAN: We're pretty close to the WILLIAM CLARK, ESQ.: We wouldn't be closed within the 60 days, it will be two or three weeks yet before we .have the title report and can close. After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffi- cient width and area and construct dwelling, east side Bray Southold To~n Board of Appeals -2- December 1, 1977 Avenue, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board findsS~/a&t 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 tbs immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was R~SOLVED, Doris Helf, 1965 Bray Avenue~ Mattituck, New York, be GRANTED permission to set off lot with insufficient width and area and construct dwelling, east side Bray Avenue, Mattituck, New York, subject to the following condition: This action of the Board is ineffective in the event that the Town of $outhold buys the property in question. It is the Board's understanding that a contract was signed on November 30, 1977, between the Town and Doris Hell to achieve purchase of the parcel referred to in this application. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 7:35 P.M. (E.S.T.) - Recessed hearing upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: right-of-way, east side Little Neck Road, Cutchogue, New York, bounded on the north by A. C. Mason and right-Of-way; east by Norwold Subdivision; south by Dunhuber; west by Dunhuber and Andruski. The ( opened the hearing by reading the application for legal notice of hea~ing, ~affid~wits attesting to its official newspaper, no{ice to the aPpii- cant, and disapproval from the Building Inspector. The Chairman also re~d 's~at~me~t from~the To~n Clerk that notification by certified mail had been made to: John Monsell; Helen Andruski; Paul Dunhuber. Fee paid - $15.00. THE CHAIRMAN: The applicants are the owners of 4.2 acres, approximately, on the easterly side of Little Neck Road. This 4.2 acres is reached by a 50' right-of-way which has been improved at least up to the point of where their residence is. Southold Town Board of Appeals December 1, 1977 The whole plot appears to have been surrounded with split,rail fence, Ks that correct? CHARLES TANGNEY: Yes. THE CHAIRMAN: Is there anyone who wishes to speak for this application? I think we understand it except we don't know what you're going to do with your present house, are you going to sell it? CHARLES TANGNEY: That's what we hope to do, we hope to sell that house. Unfortunately, in today's market, we can't sell it as a parcel. Also, we really don't want to m®ve, we don't want to get the kids out of school. We have that land and we'd like to build in the back. THE CHAIRMAN: In the southeast corner. CHARLES TANGNEY: Yes~ We can see the water there, and it's just a nicer spot. THE CHAIRMAN: What would you do with the remaining ~nd? CHARLES TANGNEY: We want to keep it the way it is. We had that intention when we moved there. But the taxes have gone from $800 to $2,200 in five years. THE CHAIRMAN: On the whole plot? CHARLES TANGNEY. Yes. If I continue that way it's going to be ... THE CHAIRMAN: It looks as though the plot that you're using where your present house is has a slight indentation. CHARLES TANGNEY: Yes, where Helen Andruski is. Her lot goes deeper than the Dunhuber property, 17' to 20'. THE CHAIRMAN: So that makes the lot on which your house presently is 170' at the northerly end and 187', approximately, on the southerly end. ~H~RLES TANGNEY: When I spoke to Mr. Terry, he said it had to he 40,000 sq. ft. and I think it comes out to whatever that computes to, a little more than that. ROBERT BERGEN: Where the house presently is. CHARLES TANGNEY: If this is allowed. There's about, not exactly, three acres left. THE CHAIRMAN: There's 4.2 acres alt0gether and you've got to take 40,000 sq. ft. out foz the presen~ house and you've got Southold Town Board of Appeals December !, 1977 to establish the boundaries, you'll have to get a survey~made I guess. Then you'll have to set off that lot. Are you going to build the house on the remaining three acres or do you want to set off 40,000 sq. ft. for your new house? CHARLES TANGNEY: I thought I had filled it out that way. We're looking to set off the existing house and permission to build on the remaining land. THE CHAIRMAN: Build on all the remaining land. CHARLES TANGNEY: As it stands right now, all the remaining land. ROBERT BERGEN: But you're going to build over in the southeast corner. CHARLES TANGNEY: Where we can see the water. ROBE~P~R~EN: Are you still going to maintain that horse? CHARLES TANGNEY: Believe it or not, we don't have a horse anymore, all we have is the fence. ROBERT BERGEN: If you did, you'd have to move that building where you kept the horse. CHARLES TANGNEY: We moved that horse at the time when we found out you had to be 50' off. Then my son grew out of the horse and no one else wanted him. THE CHAIRMAN: Mrs. Dunhuber was here at the last meeting and she was inquiring about how many domestic animals you have on the property, such as cattle, horses, goats. CHARLES TANGNEY: My wife raises dairy goats. THE CHAIRMAN: No horses? What about cattle? CHARLES TANGNEY: I have three calves, one belongs to a neighbor and two belong to me. THE CHAIRMAN: How many goats? CHA~EESTANGNEY: Six. THE CHAIRMAN: As far as I know, that is legal. It's pretty hard to come up with, in our Ordinance it's a residential a~d agricultural zone. CHARLES TANGNEY: Before I got the animals I spoke to Mr. Terry, this is going back a couple of years ago. The only Southold Town Board of Appeals December~l, 1977 thing I didn't have and didn't anticipate was that horse. Then someone complained about the horse so I came down and spoke to him again and he said, Betty Neville gave me a copy of it, he s&id large animals consisting of cow~ or horses, one per acre. That's what it works out to be, the calves will be in the freezer anyway. THE CHAIRMAN: You haven't applied for that anyway. It has nothing to do with it, we were just trying to develop the information. As we read the Ordinance this afternoon, you're permitted two horses if you have one acre. Beyond that ... ROBERT BERGEN: One horse for the first acre and a half-acre for each horse after that. THE CHAIpuva%N: To raise cattle and so forth you have to have 10 acres. FRED HULSE: For cattle, pigs, etc. THE CHAIRMAN: ~It's not very clear whether a calf is a domestic animal under our Ordinance the way the Ordinance is written. I think we'll ignore it. CHARLES TANGNEY: They'll be gone. THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against'~this application? (There was no response.) After investigation_ an~ inspection, the Board finds that the applicant requests ~p~O~at~6~taccess, rig~t-of-Way, east side Little ~eck Road, C~tchogu~, New York. T~e findings of the Board are that the Board is in agreement with the reasoning of the applicant. T~e Board finds that strict ~pplication of the Ordinance would produce practical difficUlties or Unnecessary har~shio; the hardShip icreated is unique and would not be shared! by altl properties alike in the immediate vicinity of this propertY and in the'same use district; and the variance will not chaD_ge the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Charles G. and Mary A. Tangney, 1695 Little Neck Ro~d, Cutchogue, New York, be GRA~TED approval of access, right- of way, east side Little Neck Road, Cutch0gue, New York, as applied for, subject to the following conditions: Southold Town Board of Appeals December 1, 1977 The applicants shall furnish the Board with a survey indicating that his p~esent residence has been set aside and distinguished from the total tract on a plot of at least 40,000 sq. ft. The right-of-way to the applicants' proposed resi- dence shall be improved to a width of at least 15' The topsoil shall be removed to a depth of 6" and replaced with bank run or the equivalent. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. (The Board and Mr. Tangney discussed the possibility of dividing the property into a minor subdivision, which Mr. Tangney indicated he was not interested in doing.) The Chairman asked if anyone in the audience was present for the Jernick Moving and Storage application. Thomas Jernick ~eplied that he was present and would be glad to answer a~y questions. The Chairman stated that he wanted to know what actions the Board had taken previously on this property. (The file from the April 6, 1972, Board meeting, at which time the Jernick appeal was heard, was locked in the basement storage room and therefore unattainable.) Mr. Jerniick stated that the previous applicatiOn had been to rebuild after the fire. T~O~3~S JERNICK: Actually what burned was no longer a bowling a!~ley, it was a storage warehouse. T~E CHAI~: In a "B" Business zone. Then they changed the it.had to be in Light Industrial. That made it it would still be in a "~,' zone. The Town t want to change~t to Light Indus~t~ial,i it's next to a school and 'so forth. The reason I'm asking yo~ all this, I think have to do is postpone the ~hearing Until the ne~ a~d renotice it. According to our Town Attorney, the l~gal notic~ should have included that this was an~expansion of a non-conforming building. I don t th~nk there s any question but that the Board would be happy to grant this, but items a technicality that we'll have to straighten out. Is this going to affect your plans? The next meeting will be December 22nd. THOMAS JERNICK: It's going to be costly because I'm renting eleven trailers right at the present time %hat we're storing furniture in, what we call "storage in transit." Weather con- ditions will probably delay the building about two months and ~t~s going to be a bit costly. I'll have to rent those eleven trailers for two extra months. $outhold Town Board of Appeals -7- December 1, 1977 THE CHAIRMAN: I'm trying to think if there's any way around it. See, the notice says, "permission to construct dd~o~w~lnsuff~clent front and side yard setbacks. Location of property~ east side Moores Lane, Greenport, New York." THOMAS JERNICK: It will still be on the existing slab that was there that burned. FRED HULSE: It seems to me, the way it's advertised it says, "addition." What's an addition, you've got a non-conforming use going and if you're going to add onto it, do you have to say, "non-conforming?" The whole thing is non-conforming. THE CHAIRM3~N: St refers to the proper sections of the Ordinance, 100-118 C, E and Bulk Schedule. ROBERT BERGEN: It just left out the word "non-conforming." THE CHAIRMAN: I think in view of these circumstances we should go ahead with this. We have another one first, but just have a seat. PUBLIC HEARING: Appeal Nc. 23'63 - 8:00 P.M. (E.S.T.) upon application of Robert Isles, 83 Old Post Road, East Setaukst~ mew York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to constr~ct accessory building in front.yard area. Location of property: Private Road, south side Bayview Road, Southold, New York, bounded on%the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindveit. The .Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its pub!i~ation in ~e official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from ~he TOwn~ci~rk that notification by certified maiI had been made to: Ra~mond Kirsch; H. Lindveit. Fee paid $15.00. THE CHAIRMAN: Is there anyone here who wishes to speak for this application? N©Pd~AN REILLY: I'm here for it. · EE CHAIRMAN: The cottage is located right on the water and the only place you can put an accessory building, really, is in the front yard based on the access. NORMAN REILLY: Each house alongside has gotten a variance to do the same thing. Southold Town Board of Appeals December 1, 1977 THE CHAIRMAN: Both the houses on either side of it have obtained a variance to do the same thing, put an accessory building in front yard area. ROBERT BERGEN: Are they going to take that tin one down? NORMAN REILLY: Yes, we're going to clean up the area, a few trees there will come down. 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, Private Road, south side Bayview Road, Southold, New York. The findings of the Board are that the applicant's rear yard is unusable as a location for an accessory structure. 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 O~dinance. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED, Robert Isles, 83 Old Post Road, Setmuket, New York, be GRANTED permission to construct accessory building i~ front yard area, Private Road, south side Bayview Road, Southold, .New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Appeal No. 2366 - 8:10 P.M. ~E.S.T.) of Thomas Jernick a/c Jernick Moving and Moores Lane, Greenport, New York {or a variance in · the Zoning Ordinance, Article VII, SectiOn 100-118 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. LocatiGn of property: east side Moores Lane, Greenport, New York, bounded on the north by the Village of Greenport; east by Greenport School District ~10; south by William Price and Albert Herzog; west by Moores Lane. Southold Town Board of Appeals December 1, 1977 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: Willia~ Price Insurance; Village of Greenport; Greenport School District ~10; Albert Herzog. Fee paid - $15.00. THE CHAIRMAN: The proposal here is to add a 48' section or sections, 48' in width, the length is about 160', 150', to ~onform with the previously constructed building, the corregated steel building. There will be a 5' side yard on the north side and somewhat more than that on the south side. It looks like you have about 30', 40' there where that roadway comes in with a concrete walkway. One end of the building will be within 47' of Moores Lane and the other end, the new addition, will be within 42' It appears from the sketch that you will be placing this building on the old concrete slab. THOMAS JERNICK: The entire building will be on the old slab. My plan was to leave a few feet in front of the slab as a walkway around the front. The steel comes in lengths of 32', 24', 36', and 48', and I needed 48'. The main reason for coming out to the front is, I'm going to move my entire operation to Greenport. At the present time, I have my office in Shelter Island and with the sizable operation that I have it's not feasible to operate with an office in Shelter Island and have the actual operation itself in Greenport. In the addi- tion I eventually, within the year possibly, will put an office and-establish my headquarters right in Greenport. It would be iD~ide that building and that's why I would like to have the a~ition out in front. I have plenty of room in the rear, buH ~f I go to the rear then I do not have room enough 'to man~eve~ trucks. I would have to move the trucking operation out t~h~ front, parking the trucks, and it would be much better for the neighbors and everyone else to have that type of operation in the ~ear. I certainly would like to start as soen as I can because du~ing the winter months we're a bit slow. At the present time, I've got seven people from Greenport that I have employed full time for the past few months. Now it's slowing down and will be slow for the next two or three months. If I can get the building up ~y, say, mi~-January we could start unloading ~d consHruc~ing insid~ the building. If I delay, it's gOing %o create a hardshi~ because it'll get into the Spring and we'll be busy with moving and we will not have the time. Also, during that period of time, possibly some of the people will be without work, so it will not only create a hardship on me, it will be a hardship on some of m~ employees. The setback on either side certainly is much closer so I'm only taking a few feet. The house on the corner is maybe only 20' and the power company is certainly closer than I am. THE CHAIRM3~N: Actually, the way the buildinq that you originally purchased, that h~ a ~setback that was adeqUate for Southold ~-own Board of Appeals -10- December 1, 1977 the Z. oning at that time. Then the Zoning was changed after the building was built, making it 50' for an industrial, light industrial use. I don't think that concerns us so much. I think one 0~ the reasons we didn't want to change it to Light Industrial, I'm trying to remember, was that if anything happened to your business that we wouldn't want a Light Industrial Zone so close to the school. Rather than have a Light Industrial Zone close to the school, we granted a variance to reconstruct in a Business Zone for this use. That's why I was trying to get hold of that file, find out exactly what we did in the other one. But I don't think that would influence the decision. I think it was noticed under the proper paragraphs in the Ordinance, so I think the only thing lacking there is the words, "expansion of a non-conforming use" which our counselor thinks should have been in there. I think it's debatable. Is there anyone who wishes to speak against this application? Any other questions of Mr. Jernick? (There was no response.) After investigation and inspection, the. Board finds that the applicant requests permission to construct addition With insufficient front and E:ide yard setback, east side Moores Lane, Greenport, New York. The findings of the Board are that the applicant had a conforming use which burned down and which was replaced by~.a conforming use which was changed to a non- conforming use when the Ordinance was rewritten in 1971. The Board is of the opinion that it is better to vary the Ordinance in this case than it is to change the zone to Light Industrial on property which is used for the storage of furni- ture, household goods, etc. The Board ~inds 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 inthhe same use district; and the variance will not change the character of the n~ighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was P~ESOLVED, Thomas Jernick, Jernick Moving and Storage, Moores Lane', Greenport, New York, be GRANTE~-:permissiOn'to construct addition with insufficient front and side yard setback, east side Moores Lane, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals December 1, 1977 PUBLIC HEARING: Appeal No. 2365 - 8:20 P.M. (E.S.T.) upon application of Dorothy J. Kopple, 19 Park Avenue, Manhasset, New York f~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: north side North Parish Drive, Southold, New York, bounded on the north by Peconic Bay; east by Viola Perrin; south by North ~arish Drive; west by Margaret A. Crosdale. 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: Ms. Margaret A. Crosdale. Fee paid - $15.00. THE CHAIRMAN: Why wouldn't there be two people notified? DAN SMITH: As I understood from Howard you only had to notify the one next to the vacant lot. (The Chairman and Mr. Smith discussed the map of the property.) In 1964 they bought their first lot, those lots were all laid out 100' and 300' or better from the road to the waterfront. They bought the one lot and we built them a house on it. In 1966 ~eY bought the next lot, temporarily as protection and also as an investment. He was talking of building maybe a little shed on the original property and Howard said, "Well, you might as well build on the other one, you can't sell it separately anyhow." I told him that and he got all exc~eddand said, "with property the price it is on Bay-front now I can't afford to keep that 100' just to look at." Ail the other lots all the way a~ng are 100'. THE CHAIRMAN: What was the name of the subdivision originally? DAN SMITH: It was never a subdivision, I don't think. THE CHAIRMAN: Who owned the property? DAN SMITH: Harold Sayre. THE CHAIRMAN: This lot being divided out now, the westerly lot, was purchased prior to the easterly lot. DAN SMITH: the house on it. 1966. No, the easterly lot was first, the one with That was in 1964 and the westerly lot was in THE CHAIRMAN: I was just wondering what it meanR ~ "The applicant prepurchased the property." $outhold Town Board of Appeals December 1, 1977 DAN SMITH: I don't know. He wrote that and he's a lawyer so ... THE CHAIRMAN: I don't know what that means, pre-purchased. There's a copy here of a letter that Dorothy Kopple wrote to Margaret Crosdale, the neighbor to the west. (The Chairman read the October 27, 1977, letter.) The lots in question are, one is 372' on the westerly line and 325' on the easterly line which indicates an average of probably about 35,000 sq. ft. on that lot. It look like, the way this map is drawn, it might be underwater, I don't know. It juts out from the shoreline there. DAN SMITH: I don't think it's underwater, I think it's fairly high there. THE CHAIRMAN: The center of the lot, though, looks a little ... DAN SMITH: The center might be.~ Out in the front I think when they dredged the channel coming into Goose Creek one time they built up along that front. THE CHAIRMAN: The remaining parcel on which the house is located is about 30,000 sq. ft. Either one of these lots will be as large as or larger than the lots~acresst~e street and on the same side of the street. It would be ehtirely in conformity with the area if this division is granted. Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the,applicant requests permission to divide property with insuf- f±cle/%~ width and area, north side North Parish Drive, Southold, 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 hardShi'p created is unique and would not be shared by .all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Bergen, it was Southold Town Board of Appeals -13- December~, 1977 RESOLVED, Dorothy J. Kopple, 19 Park Avenue, Manhasset, New York, b~ GRANTED permission to divide property with insufficient width and area, north side North Parish Drive~ Southold, New York as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2367 - 8:30 P.M. (E.S.T.) upon application of Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, 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. Location of property: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconic Bay; west by Helen Rust. 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: Sue K. O'Dell; Helen M. Rust. Fee paid - $15.00. THE CF~AIRMAN: There is a sketch indicating that the property owned by the applicants is approximately 1220' on the easterly border and 1270' on the westerly border and of uniform width, 180+ on Little Peconic Bay and 180+ on the road. The'proposa~ is to divide this lengthwise.-- At the present time there is a road Which appears to bisect the prop- erty down the middle in pretty good condition except that there's some trees that have fallen down on it. Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I represent two contract vendees, two prospective purchasers regarding this property. The property, as ~tates, is a little bit over five acres. It is and it is very pretty Bay frontage over there, one of' the st ones, I think, in the Town. It is of value to my clients if both of them can sit up there an look out on the water and have the advantages of the Bay which is the purpose of the application here because we would not be able to have two houses up there with each having 150' at the building line, which is What they want. Based upon the selling price of the property, which is what you would expect to have when you are paying the amount of money they are paying for the property. THE CHAIRMAN: Is there a house on the property now? RUDOLPH BRUER, ESQ.: There are a number of houses on it, there are at least ... Southold Town Board of Appeals December 1, 1977 THE CHAIRMAN: We could only get down about half-way. RUDOLPH BRUER, ESQ.: I have never personally been down there but it's ... ROBERT BERGEN: Not on this property there aren't houses. Maybe one old house. RUDOLPH BRUER, ESQ.: There are buildings on.the proper~y. I think ~here's an old house and there is a studio and I think there is another derelict building. THE CHAIRMAN: But one house, basically one house. RUDOLPH BRUER, ESQ.: I think if you go back in time there were two livable dwellings there, I've discussed this with Mr. Terry in the Building Department. He said he could possibly argue that the use of at least one of them has been abandoned enough to require a non-conforming use, the loss of any non- conforming use of two buildings on one lot. Granted, but you could argue the other way around, too. THE CHAIRMAN: Is it true that these people will want no further division of this property, that when they buy it they're going to keep these long lots just the way they are? RUDOLPH BRUER, ESQ.: I could.not promise that. THE CHAIRMAN: Because if they're not we'll have to bring the Planning Board into this. This would be a poor way to divide 1200' if you were going to have five houses, you've got enough room there for four or five houses. RUDOLPH BRUER, ESQ.: If they were to further divide it, we would have to come back to you at that time. THH CHAIRMAN: I think we would require here that, a covenant that you will not further divide it, either two owners. That's what our position would be. RUDOLPH BRUER, ESQ.: Couldn't you make it, not further divided without the permission of the Planning Board? TH~ CHAIRMAN: No, because I think the Planning Board should get in the act now. RUDOLPH BRUER, ESQ.: You see, the problem is, let me explain, then you can tell me if I'm wrong. As it is right now, they could legitimately go in there and pro~ably divide it in two. I've discussed this with Howard. You could probably go in there on the basis of 180' frontage on the Bay, give 25' on one side and have a residence back here and one up~here and then have it come the other way, 25' out on the other lot. It is possible to come before either one of the Boards ... $outhold Town Board of Appeals -15- December 1, 1977 ~HE CHAIRMAN: Y~u could undoubtedly get four lots out of it, maybe five. We figure there's 225,000 sq. ft. there, so there's about five and a half lots there. If we're going to divide it this way which, from the standpoint of the future, is a poor way to divide it, but if they're willing to not further divide it, OK. RUDOLPH BRUER, ESQ.: Can we have something subject to coming back to this Board and the Planning Board in the future if they were ever ... if you make me put a covenant on the land I'll have a problem with that, but if you make it so that, as far as the Building Inspector's concerned, that if anybody else came along and wanted to get a building permit for any other further division of this property tha~ we had to come before this Board, you have us there. It's difficult to put a covenant running with the land on it. I can say this, I've spoken to the people and they have no immediate intention of dividing it. THE CHAIRMAN: That's always true, but things change. RUDOLPH BRUER, ESQ.: That's right. They die, leave estates, everything else. THE CHAIRMAN: We have stren~Qus opposition here from one of the neighbors. I'll read the telegram, there are two of them, one is quite strenuous. Froehlich and Mahony say, "We w~ite on behalf of Helen M. Rust concerning the petition of Cecelia Ewald and Prances P. Kozlowsky. Mrs Rust is concerned that the fabrication may result in the division of the property in violation of the Town Zoning Ordinance and'may amounn to a change of zone rather than a variance. If this is the case, Mrs. Rust intends to pur- sue her legal remedies to their fullest extent to oppose any action on this property which may vary the use or violate the Zoning Ordinance of the Town of Southold." That objection is answered when you realize that this is not an illegal u~e of property, this is what the property is zoned for. There's no~ over-intensification of use or over- development. This is the telegram from Houston and I guess this is Howard Katzenburg's daughter. "In the ~ma~er of the division of the Jepson/~ites prop- erty between~my property on Indian Neck Lane and that of Helen Rust, I protest the division of that property into 90 foot wide strip. It would seriously devalue my property. Furthermore, I request that the hearing be delayed until my parents, Howard and Margaret Katzenburg, of Town Harbor Lane, Sonthold, return to Southold from their vacation in mid-December. I will appoint them to act in my behalf in this matter. Please note my new address is 5314 Mandell, Houston, Texas 77005. Thank you." $outhold Town Board of Appeals -16- December 1, 1977 THE CHAIRMAN: It seems to me O'Dell must have the old Katzenburg house, is that correct? RUDOLPH BRUER, ESQ.: I don't know. THE CHAIRMAN: And that this creation of two lots 90' wide directly to the west of them would be objectionable even though they're 1,200' from the road. RUDOLPH BRUER, ESQ.: It seems to me that if you had gotten down there"you would find that the structures that are there are probably a mess and are not creating value to anybody's property, much less the neighbors or this property. THE CHAIRMAN: The structure that's down there, I under- stand, has been vandalised, antiques and so forth .taken out of the house. ROBERT BERGEN: The road's blocked off right now by trees. THE CHAIRMAN: There's no way you can reach it by driuing. There's a pile of brush and then a little further on there's about a 12": tree that's fallen across the road. But the road appeared to be in good shape. I'm familiar with the area, I've been down ~here to Katzenburg's place. RUDOLPH B~UER, ESQ.: It seems to me the Board's only objection is further subdivision of it because it's not a proper development of the area. I can understand your concern. ROBERT BERGEN: It's not a proper division of the property. ~HEDC~.I~: It's not really the right way to divide it. What they're trying to do is maximize the waterfront and by doing that you're going to have to give up something else, I think. I would suggest that if you don't want to agree to a covenant or a restriction ... RUDOLPH BRUER, ESQ,: I would be willing to agree to some- thing but I dom't, I'm hesitant to a covenant with the land. THE CHAIRMAN: Because you've been asked to represent them for two 90' strips, right? How fast do they want to do this? RUDOLPH BRUER, ESQ.: Mrs. Jepson, they say, is very critical and might not be around very long. It was only with a great deal of reluctance was Mr. Renny Terry willing to even condition a contract to be subject to this hearing. THE CHAIRMAN: Does he represent Mrs. Jepson? Southold Town Board of Appeals -17- December 1, 1977 RUDOLPH BRUER, ESQ.: Yes. TF~E CHAIP~MAN: He isn't here, is he? RUDOLPH BRUER, ESQ.: No. This is the contract if the Board is interested. THE CHAIRMAN: I've got a copy of i% here. (The Chairman read parts of the contract.) The parcel in question is 5.3 acres. Adjoining it to the west is a parcel of 3.04 acres. Adjoining it to the east is a parcel of 4.3 acres. The next one to the east is 5.7, the next is 3.5, the next is 2.9. This parcel is among the largest of the long tracts extending from Indian Neck RQad to the Bay. RUDOLPH BRUER, ESQ.: I would say that my clients probably would not have any objections, but I haven't spoken to them about it, about this restriction. I would say they want the property enough that this is what they would do, but I don't have the authority. But if that's the only way you would grant it, I would say we'll take it subject to our right to withdraw. THE CHAIRMAN~ Well, I think that's the way it should be granted because the person who lives down here, O'Dell, brings up the obvious point, to put two new residences withih 180' of her is ... RUDOLP~ BRUER, ESQ.: Could I suggest a covenant that you suggested conditioned upon any further division subject to this BOard's approval? In other words, that would be on the land, binding, runming~ and you would need something from this Board to get it off. THE C~AIRMAN: You would have to anyway. These long lots are too narrow. RUDOLP~ BRUER, ESQ.: I would have to come back ~ anyway, whether i%'sl on a covenant or not. It j rs up the r~cord o~f the property. By law, I hays to there's no way around it. If you divide the property the way it is, there's no way that I could have another building on thsre without comin~ before this Board. Town law specifies that. THE CHAIRMAN: The only way you could have another building on there is to have at least 40,000 sq. ft. and it would be 90' by 460' or so, an odd shaped lot. RUDOLPH BRUER, ESQ.: We would have to come back here, no question. Southold Town Board of Appeals -18- December 1, 1977 THE CHAIRMAN: What does the Board want to do? I can see their problem. ROBERT BERGEN: I don't think that's the way to divide the property. CHARLES GRIGONIS; They're going to have to come back no matter how you grant it, if they want it further divided. THE CHAIRMAN: Yes, that's the point, now is the time to catch them. CHARLES GRIGONIS~ Maybe it would be better to let them have these two than to have four or five lots up there. THE CHAIRMAN: They want to set up permanently two 90' lots 1,200' long, 87-1/2' RUDOLPH BRUER, ESQ.: I was here two years ago on a similar one that wasn't even this wide. THE CHAIRMAN: You didn't divide it this way, though. RUDOLPH BRUER, ESQ.: No, it wa~ like 75' wide and we put a house behind it. We had to come back for a situation that you're anticipating in the future. THE CHAIRMAN: You see, this lot would develop beautifu~ly at 180'. You could put a road on one side, there's plenty of width and depth. Of course, not everybody's going to be on the water. But this way they're 1,200' long and only 180' wide ... R~DOLPH BRUER, ESQ.: But the nature of all those properties down there, they're all these long pieces with one house up there on the water. That's the way that whole area's developed. It was done years ago. THE CHAIRMAN: There's a further problem that you can't alleviate. For instance~ if one of these parties Wanted to ake another lot or two back toward the .road. If ~he property s now divided, it belongs to somebody else, the other person isn't going to join in and make a wider lot, see what I'm getting at? The time to do it is now or never. Otherwise we permanently create long, narrow lots there. I ~hink that we should require that a condition of granting this application is that the applicant will not violate the side yards in con- structing the new construction on the Bay. RUDOLPH BRUER, ESQ.: What would I need in that situation? THE CHAIRMAN: You've got 87', that's not enough for a ranch house. A ranch house might be 70' or 80' wide and if Southold Town Board of Appeals -19- December 1, 1977 it all faces on the Bay you haven't got any side yards. That's part of the problem. I think that would have to go on. That's exactly what the Katzenburgs, or O'Dell, is objecting to. RUDOLPH BRUER, ESQ.: I would assume that we would have to comply with the rest of the Ordinance. THE CHAIRMAN: You've got a total of 35' side yards, you couldn't go closer than 15' on one side and 20' on the other. 35' from 87' leaves 52' as the maximum width of the house. RUDOLPH BRUER, ESQ.: And that's not an acurate survey, it's plus or minus a few feet. THE CHAIRMAN: That's part of the consideration. I don't know any way to tie this up. I think it would be unfair if the Board put in a restrictive covenant with this amount of beautiful land there. But this is the wrong way to ... RUDOLPH BRUER, ESQ.: It's a matter of getting the maximum use out of waterfront property. THE CHAIRMAN: It's overemphasizing the value of the waterfront. RUDOLPH BRUER, ESQ.: That's what people are paying for. It's not as valuable unless you went into a subdivision. I mean is it that valuable in terms of developing things. FRED HULSE: That's another point, maybe if there's only five lots it might not be worthwhile going for a subdivision. RUDOLPH BRUER, ESQ.: It wouldn't be. THE CHAIRMAN: Divided this way, it leaves you with two lots on each side, maximum, two anita half. You don't quite have enough. In other words, you minimize the number of lots you could get out of it. You could only have two more, one on each side. On that basis, we would receive then about an acre and a half that won't be built on. Maybe on that basis we should go ahead with it. Anyone wish to speak against this application? DEL RACKETT: I'm here to represent Mrs. Rusk and give her information of this meeting tonight. THE CHAIRMAN: Mrs. Rusk sent us a telegram. DEL RACKETT: Monday when they called me she didn't say she was going to. THE CHAIRMAN: I don't know whether you were here when we read this telegram. Southold Town Board of Appeals -20~ December~-l, 1977 DEL RACKETT: I heard part of it. I guess they had reports on what was going to go up there that they, I guess, didn't like. THE CHAIRMAN: You can't control what someone else builds on their property. DEL'~P~ACKETT: They heard another trailer park or something like that. RUDOLPH BRUER, ESQ.: There's not going to be an~%~railer park. At that price you're not going to put a trailer on it. THE CHAIRMAN: What do you think? ROBERT BERGEN: I don't think we should divide it for 90' lots on the Bay. If they want to pay that price for the prop- erty they should have it within the Zoning. 100' is bad enough. THE CHAIRMAN: Certainly they shouldn't be able to do it without restricting the rest of it. There's no reason why two more people should be inflicted with that depth lot. What's your feeling Charlie? CHARLES GRIGONIS: I think, going on the assumption that there could never be more than four houses in there, that would cut down~ density that's possible to get in there if they divide it the other way. THE CHAIRMAN: Do you understand that, Mrs. Rackett? By dividing the~property this way, the maximum number of lots they could conceivably get out of it is four, but if it were divided another way they could get five. In other words, if you had a road, an entrance road going down one side of it and had five lOts coming off the entrance road, you could get five out of it, five full-sized lots. The way they propose to divide it into two 90' lots, approximately 90' lots, the lots would be 1,250' long and run all the way out to the road. I don't know, you're hear just to report to Mrs. Rusk? DEL RACKETT: Right. ~iR. ~E: I wonder if I might say something for this applicant? ~ i happen to know the Ewalds very wel~, I live down in Indian Neck myself. The Ewalds have been residents, they have a home down on Smith Road, a summer home,ffor forty years to my 'knowledge. They love the area and, believe m~, don't want to do anything to upset it. Their intention is to build those two houses and that's all, they want to split it right down the middle. They have no intention of ever building anything else on there. The other party also owns property on Robinson's Lane Southold Town Board of Appeals December 1, 1977 which is down off Indian Neck, they have a lot down there. The sole reason they're buying this is that they want the waterfront. Right now neither one of them have it. Ewalds are on Smith Road about half-way down and the other party's on Robinson Lane about half-way down. The reason they want to buy this property is because they both want waterfront and that's why they want to split it down the middle. I talked to them about it myself, I said, "Gee, I think that's kind of a stupid way to split that lot but you'll never be able to do anything else with it." But that's the way they want it. THE CHAIRMAN: Thank you. Anyone else wish to speak? (There was no response.) ROBERT BERGEN: Divide it with no more divisions. After investigation and inspection, the B~a~d finds that the applicants request permission to divide p~perty with in- sufficient width, south side Indian Neck Road, Peconic, New York. The findings of the Board are that the applicants' pro- posed division of the property is not conducive to the creation of additional lots which would be undersized on one dim~ension. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York, be GRANTED permission to divide property with insufficient width, south side Indian Neck Road, Peconic¥ New York, as applied for, subject to the following conditions: Th~r-e shall be no further division of either of the two lots created by this action. There shall be no diminution of the side yard~requirements on any structures that may be built on the lots created by this action. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. $outhold Town Board of Appeals -22- December 1, 1977 PUBLIC HEARING: Appeal No. 2368 - 9:05 P.M. (E.S.T.) upon application of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to construct addition with insufficient side-yard setback and o~f~street parking. Location of property: north side Main Ro~d, Mattit~ck, New York, bounde~ On the north by Mattituck P~rk District; east by William Wickham; south by Main Road; west by M. Kelsey Properties, 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 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: William Wickham, P.C.; Mattituck Park District; M. A. Kelsey Properties, Inc. THE CHAIRMAN: The application is accompanied by a sketch which indicates that the original addition has been modified, the original proposed addition has been modified. We have a letter from the secretary of the Planning Board: "The following action was taken by the Southold Town Planning Board at a regular meeting held November 21, 1977. RESOLVED to grant site plan approval for the property of Val Stype based on the revised sketch of the addition and super- imposing the walkway and incorporating it on one of the maps, all subject to the approval of the Board of Appeals for parking." /s/ Muriel Brush, Secretary ROBERT BERGEN: Have you got the new sketch? VAL STYPE, JR.: I have three copies of it here. TEE CHAIRMAN: The new sketch gives a 5' side yard on the easterly side toward Wickham and continues the other side yard on the westerly side. In both cases, the side yard was 6", I believe, originally, In the original Ordinance, no side yard was required in a Business zone. Is there anyone here who wishes to speak for this application? Do you have anything to add? VAL STYPE, JR.: I would just like to emphasize again the reason for the variance, that our current office space is not suitable for us. The conditions are cramped and tight, and to alleviate them we must add on. With respect to the application for a building permit, due to the modifications, on page 2 of the application with respect to cost, this will change, it will decrease. As to the dimensions of~the addition, it would be changed to 17-1/2' in lieu of the 22' Southold Town Board of Appeals -23- December i, 1977 THE CHAIRMAN: You'll have a side entrance facing east and a walkway, is that part of the plan? To the rear end of the lot so you can reach the Mattituck parking area, is that all part of the site plan~ I haven't got the site plan. Did the ~lanning Board cover that? VAL STYPE, JR.: Yes. On the copy of the plan which I just gave you, to the north here there wii~ be a break for access. What is there now is principally overgrown shrubs. THE CHAIRMAN: The property to the west is Kelsey Properties, Inc~ Is there any possibility of obtaining access over this access road so that you could utilize some of your own rear yard and furnish parking in the area? VAL STYPE, JR.: Yes, I 'spoke to an officer of Kelsey, Inc. on Tuesday of this~eek and he stated to me that he would give us a Gentleman's agreement, if necessary in writing, whereby we could use it as a right-of-way. ROBERT BERGEN: We just though it would be a good idea to use that~'~as a parking area. THE CHAIRMAN: To use whatever space is available in the area because the whole area is cramped for space, for parking. Without parking, you're out of business, gradually everybody goes out of business. It seems to me: that you should, I don't know how far back this addition goes, 34'? VAL STYPE, JR.: Yes. THE CHAIRMAN: You have 212' herS, that p~ts us back about less than half of it, I would think. You've got 100' left, with diagonal use of that it would seem to me that you could get four or five cars in there. It should be blacktopped, you should furnish four spaces blacktopped. Is there anyone else who wishes to speak for this application? (There was no response.) ABIGAIL WICKHAM, ESQ.: I'd just like to add in connection with the parking, there is quite a slope to the east. If there is blacktopping, there's going to be quite a bit of runoff unless there is a retaining wall or well or something put in there. THE CHAIRMAN: You'd rather not have it blacktopped? ABIGAIL WICKHAM, ESQ.: We have no objection to that as long as there's some provision that will prevent the' flow of water over onto our property. THE CHAIRMAN: It looks low there, they'd have to put in some kind of drainage. South~ld Town Board of Appeals December 1, 1977 ABIGAIL WICKHAM, ESQ.: They could put in drainage or a retaining wall. THE CHAIRMAN: But don't you think that would help the area, the additional parking? ABIGAIL WICKHAM, ESQ.: Oh, definitely. I just wanted to point out that slope. THE CHAIRMAN: I noticed it there. I don't know how yours is graded back there, is it to the east? ABIGAIL WICKHAM, ESQ.: There's a big well right in the middle of the parking lot so it's graded both east and west. THE CHAIRMAN: How many employees would ~ou~have in there, Mr. Stype? VAL STYPE, JR.: Eventually? THE CHAIRF~AN: No, now. VAL STYPE, JR.: Now we have seven. THE CHAIRMAN: Where do they park, in the Ma~tituck Parking District? VAL STYPH, JR.: Yes, most of us do. THE CHAIRMAN: How many cars can get in there? VAL STYPH, JR.: Over 75. THE CHAIRMAN: How many have you ever seen in there? VA~ STYPE, JR.: Less than half-full. THE CHAIRMAN: You've never seen it full. VAL STYPE, JR.: No, never. THE CHAIRMAN: How about you, Miss Wickham, have you seen that parking lot full back there? ABIGAIL WICKHAM, ESQ.: In the summer it's not full, you have spaces near the road that are empty. It does get crowded, but no, I've never seen it full. T~E CHAIRMAN: I think that~it'.s enc~u~bant on this Board to obtain all ~he parking that could possibly be obtained in the area because without it you're dead. If you~'ve got seven people Southold Town Board of Appeals -25- December 1, 1977 working there now there must be a lot of people coming in and out of the office, and you yourself are going to pay for this in people who say, "Why go to Stype, there's no place to park." I think that all the pa~king that could be obtained should be obtained. I'm not sure that the County Planning Commission will approve this because they're very emphatic~about parking. In other words, you're doing business on too small a piece ROBERT BERGEN: You've on a State highway, that's ~y it has to go to the County. THE CHAIRMAN: I think this Board should grant the It's the same theory that apparently was evolved in Gar many years ago where I guess a whole shopping area woul gone downhill or ceased to exist if they hadn't created in the back of the existing stores. Fortunately, Mattituck Park District had eno.ugh foresight to create some parking there but I think we still need all we can get because it's constantly growing. We had an application not too long ago from another store in the area that was enlarging. What was the name of that store? application. den City have larking ROBERT BERGEN: "By the Yard" next to the hardware store. THE CHAIRMAN: I think, unless somebody wants to speak in opposition to this, that with the revised plan and a walkway ... what do you think, diagonal parking there in the back? VAL STYPE, SR.: Yes, I think we need that. We could fit in six or seven, but we don't need that really. THE CHAIRMAN: Just as long as you had some, four maybe. VAL STYPE, SR.: We!re using the parking lot now and we're not using the back side at all. As far as what Miss Wickham or Mrs. Bressler said as far as drainage is conce~rned, that would be a problem. Maybe we won't blacktop, maybe we'll put stones in there so it could drain itself. We'll do whatever we think is proper and is agreeable to them so they will not get the water from o~r property onto theirs. When Ray Terry blacktopped to my left there, to the east, my cellar's full of water from that. To the west, I mean. THE CHAIRMAN: It looked like there was gravel there the other day. VAL STYPE, SR.: He has gravel but not where the roadway is. He has gravel in front of the parking area. ROBERT BERGEN: That place in there where Terry is always h~ld the water. Very poor drainage in there. Southold Town Board of Appeals -26- December 1, 1977 THE CHAIRMAN: It seems to me that the parking would work best diagonally, you could get in and out easily that way. ROBERT BERGEN: It doesn't necessarily have to be diagonal because you've got to turn around to go out anyway. THE CHAIRMAN: Either way, I guess. We can put in the application that you're going to furnish at least seven extra parking spaces because you're supposed to have one for each employee. VAL STYPE, SR.: It's almost as bad a situation as you've got in Cutchogue with your Justice Court. You're using myi~ parking lot there. THE CHAIRMAN: Government is the offender as much as anyone else. Does anyone have any questions about this or anything to say about it? Anyone against it? (There was no response.) After-investigation and inspection, the Board finds that the applicants request permission to construct addition with insufficient side-yard setback and off-street parking, 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 strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared~by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED,: Valentine W. and Sophie K. stype, Mattituck, New York, b~ GRANTED Permission to construct additi~on ~ilth insuffi- cient side-yard setback and off-street parking, north side Main Road, Mattituck, New York, based on the revised site plan approved by the Planning Board on November 21, 1977, subject' to the following condition: The applicants shall provide at least seven additional parking spaces on the northerly end of their property. The applicant will determine the type of surface based on the drainage problems in the area and will assure that the site will be self-contained as to drainage. No water from this site shall drain onto properties located either to the east or west of this property. $outhold Town Board of Appeals -27- December 1, 1977 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2369 - 9:20 P.M. (E.S.T.) upon application of Mr. and Mrs. John Polywoda, Bayview Road, Southold, New YOrk for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A, B for permission to construct addition on existing business building with apartment. Location of property: south side Main Road, Southold, New Y~rk, bounded on the north by Main Road; east by Hobart Road; south by Lehman & Warnaka; west by Warnaka & Ross. The Chairman opened the hearing 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: Emily Warnaka; John Ross; Irving Lehman. Fee p&id - $15.00. THE C~IAIRMAN: This building is at the corner of Hobart and Main Road, Route 25, the southwest corner of that inter- sec%ion. Is there anyone present who wishes to speak for this application? MRS. POLYWODA: The Planning Board did approve everything with your approval fOr the apartment. That's the reason I'm here. THE CHAIRMAN: "Mr. Lehman has no objections," who's Mr. Lehman? MRS. P©LYWODA: He is the neighbor right behind us. THE~CHAI~RMAN: How does the parking work out on the whole plot there,, how much parking have you ~ot, do you know? MRS. P©LYWi0DA: We don't park any, you know~ for the people who come in the store because everything is off-premises, they usually park in front or on the side. Sometimes they do come in ~he back. You can come in from Hobart Road and go out on the Main Road or you can go the other way. THE CHAIRMAN: It l~oked as though you're planning to rebuild that driveway to the south of the present building, right? MRS. ~OLYWODA: It will be done again. It was there but when they dug that hole ... THE CHAIRMAN: You had a snowfence or some kind of wind fence, a red fence. MRS. POLYWODA: That was just for the privacy of the neighbor ~e~ind us. Southold Town Board of Appeals -28- December 1, 1977 THE CHAIRMAN: Are you going to remove that and obtain more parking? MRS. POLYWODA: Yes. I think there's three or four feet on the other side of that fence, something like that. He thought he might put up another one for ~he privacy of the neighbors but smaller, lower. When we bought the business it was al~ woods behind us so when we opened it up to make a driveway to come around it opened it up for the lady back there. She was an old lady, so that's why we put it up. THE CHAIRMAN: Then there's a little jog in the southwest corner of the property, it looks like it's 27' wide approximately by 30' deep. MRS. POLYWODA: That will be for parking also. In fact, part of that, there'tl have to be a retaining wall because it doesn't look as big as it really is. TEE ~CHAIRMAN: I asked Howard how much parking there wasa- in there but he couldn't remember, he said the Parking was adequate. MRS. POLYWODA: There will be parking when you come up the driveway on the side, there's parking in that jog. Also when you come in off the Main Road there's parking alongside of the building, plus the fence, without taking the driveway out. THE CHAIRMAN: The type of business you have there now is Wkat? MRS. POLYWODA: Beverage store. TH$ CHAIRMAN: It's all take-out, right? People don't come in there are drink them there, they take them away. MRS. POLYWODA: Right. THE CHAIRMAN: At the rear of this new addition underneath the apartment you propose to have.a window which will be for self-service, fast foods? ~. ~LYWODA: Right, all off-premises, no on-premises, chairs of anything. They might want to sit while they wait, but no tables and Chairs or anything.. Also, in the building, a~d I think it was also stated nothing outside the building either. ROBERT BERGEN: Is that going to be a drive-in window? MRS. POLY~ODA: No, there will be a little entrance, a service area in the front. A walkway where you come in and there will be a counter, but that's as much as will be there. Southold Town Board of Appeals -29- December 1, 1977 THE CHAIRMAN: No place to sit down, no place to eat. MRS. POLYWODA: Unless there's a chair or so to sit down while you wait, but no tables to eat at. THE CHAIRMAN: So there are no tables in either part of the building. MRS. POLYWODA: No. THE CHAIRMAN: Customers don't enter the building on the south side, do they? Do they come in? MRS POLYWODA: Oh, yes. But there's no chairs, they don't sit down. THE CHAIRMAN: Does anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct addition on existing business building with apartment. The findings of t~e 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. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Mr. and Mrs. John Polywoda, Bayview Road, Southold, New Y~rk, be GRANTED permission to construct addition on e~is%ing business building with apartment, south side Main Road, Southotd, New York, as applied for, subject to the following condition: The applicant shall not serve food inside the building. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. $outhold Town Board of Appeals -30- December 1, 1977 PUBLIC HEARING: Appeal No. 2364 - 9:35 P.M. (E.S.T.) upon application of Robert D. Gray a/c Estate of Elizabeth C. Gray, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 and 100-30 C 2(a) for permission to eliminate fencing requirement for in-ground swimming pool. Location of property: Private Road to Treasure Pond, Fishers Island, New York; Lot 11, Block 20, Private Road, Fishers Island Estates, New York. THE CHAIRMAN: The last hearing ~scheduled for tonight is Robert D. Gray, Ancillary Administrator for the Estate of Elizabeth C. Gray, Fishers Island, New York, appealing on the basis that the existing fence completely surrounds the pool "but is not 4 Ft. high in some areas. The gates in the swimming pool are maintained but are not of the self locking type. This pool is located on private property at the end of a private drive in a private section of Fishers Island." They are going to send a lawyer and a caretaker here to object to our fencing requirement on the pool. They state in this letter: "We are representing the Estate of Elizabeth Gray in connection with an application for zoning variance to permit the elimination of the fencing requiremen~ for an in'ground swimming~ pool on property at Fishers Island. We have received notice that our application is on the calendar for hearing on December 1, 1977. Unfortunately, the caretaker who is most familiar with the property will not be available on December 1st. Accord- ingly, we request that the hearing in this matter be postponed until December 22, 1977." Very truly yours, /s/ Michael W. Weir On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the public hearing on Appeal No. 2364, Estate of Elizabeth C. Gray, be RECESSED to December 22, 1977, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals -31- December 1, 1977 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated November 18, 1977. Vo~e~of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated November 3, 1977. Vote of the Board: Ayes: Grigonis, Doyen. Messrs: Gillispie, Bergen, Hulse, Mr. Theodore Chris had an informal discussion with the Board regarding the former supermarket building belonging to John Malinowski in New Suffolk. Mr. Chris is interested in purchasing the building and using it for the assembly and sale of electric ovens, which he designs and builds. (The ovens are elec%ric, not microwave.) THE CHAIRMAN: Basically, your-business is the assembly of ovens, is that correct? MR. CHRIS: Yes, and demonstrating them. THE CHAIRMAN: The ovens that you're talking abQut are no larger than 5' by 22" by 18" The application of these ovens is for fast food preparation for schools, caterers, airplanes, and fast food chains. MR. CHRIS: Generally, yes. THE CHAIRMAN: And they're operated solely bF electricity? MR. CHRIS: By 208. THE CHAIRMAN: And the proposal here is to rent or buy? MR. CHRIS: The people come in, see the machines ... THE CHAIRMAN: No, rent or buy the property. MR. CHRIS: I want to buy the property providing it suits the zoning, I don't want to do anything illegal. If the building Southold Town Board of Appeals -32- December 1, 1977 is zoned "B-i" it would come under my category because if I have to make something to put the machine on there, I don't want to have another building to do it in, I want to do my assembly and also whatever else. THE CHAIRMAN: In other words, what he's saying here, Serge, is that he will assemble these ovens the parts of which are shipped in, made elsewhere. He will require not more than five people, I think he says. MR.~CHRIS: Eventually it will be more. I have a lot of requests in writing from various people like McDonalds, Kentucky Chicken, Arthur's Fish and Chips which I've made a31ot of pro~o- type machines for. I made some physical machines for them which I improved their products and they wanted me to have assembled so they begin a franchise in various parts of the country. So for us to do that, we have to have an assembly room and the reason I want that to be there is so all my parts, which are made in different parts of the country to my specifications are shipped to me, my specifications because many times I invent a lot of things and people, they're looking for ideas and will steal them and you have to go to court and sue and get patents ... THE CHAIRMAN: You have to go to court for what? MR. CHRIS: Some people, they steal ideas. By the time you find you're right, it could take two or ~hree years and every- thing else. I didn't want that to happen again because I in- vested a lot of time in this and I think it would be very prosperous for the vicinity around Mere ... THE CHAIRMAN: How many of these have you made? MR. CHRIS: I've made 68 different models. THE CHAIRMAN: 68, one of each? MR. CHRIS: One of each, that's right. THE CHAIRMMN: You've never been in production? MR. CHRIS: Ail my production lines have different manu- facturers making individual parts. I don't give one manufactursr two parts or three parts. Each goes to a different place. When they come to me, I assemble them into a unit. I have patents for each individual part and I have a patent for the unit itself. SERGE DOYEN: You have them made in different places to preclude somebody infringing on your patent. MR. CHRIS: Yes, because a lot of people, they come in, they want to buy your brain and they offer you all kinds of money Southold Town Board of Appeals December~l, 1977 and I'm a.little tired of it, I just want to have something that I can help the people, not just myself but also the community I'm in. THE CHAIRMAN: I believe you said that these ovens, I think you made the statement that the largest oven you make can turn out 500 hamburgers in 10 minutes? MR. CHRIS: In five minutes. I made and designed it for the supersonic aircraft and it is also good for caterers. This particular machine, it cost me a lot of money and a lot of time, but I succeeded with the help of a lot of people working in restaurants all their lives, for me to go down and listen to those people because they have the experience and I designed around to what I thought could help the trade and also meet the Health Department. I have demonstrated my machines to the Health Department, the Fire Department, the Underwriters, and I have signatures by the thousands asking when as I going to be in the market. THE CHAIRF~: How many of these have you manufactured? MR. CHRIS: I did a lot for individual people. THE CHAIRMAN: How many are working now and where are they? MR. CHRIS: I have a warehouse in Gtenview and in Hicksville where I live I have a big place I can use for a workshop or storage. Any time I want to demonstrate them, which is regularly, as soon as we get here within a month we have a big demonstration and invite everybody there to see what it consists of. SERGE DOYEN: You didn't answer the Chairman's question. MR. CHRIS: I've sold t0 individuals only the machines that they've paid royalties to. THE CHAIRMAN: You sold the machine, the right to build the machine? MR. CHRIS: No, the machines comes from me, I sold it to the people by the year and they pay royalties on it. THE CHAIRMAN-: Oh, you lease these ovens, that's what you've done so far. MR. CHRIS: So far, yes. Not all of them, only one kind. I lease the pie machine which makes pies. This machine is a circular machine that consists of 30" high and has 15 trays in it, all automated. When you put something in it, it begins to turn around and cooks top and bottom and if the girl is dressed up well ... South~ld Town Board of Appeals -34- December 1, 1977 THE CHAIRMAN: A girl did you say? MR. CHRIS: A girl can operate the machine, it doesn't need experienced men because the machine does all that for you. People in Colorado which I give those ovens to, they dress up in the straw hat and the white suit. Last year, it was in the consumer paper, they made $135 million-dollar , business. SERGE DOYEN: You still didn't answer the question the Chairman asked you, how many of these things are in operation? Are there 10 around the country? MR. CHRIS: I have a place in Colorado, I have a place on Route 6 and Route 32 that I sold them a machine, one of a kind that they needed, some people might need two machines for their particular operation, another caterer might need 20~ SERGE DOYEN: Yes, but over the country, do you have 10 or 1007 MR. CHRIS: I only have 15 machines working in the country right now. I could have a lot more. THE CHAIRMAN: So that we get some sense of what we're talking about, what's your highest priced machine? MR. CHRIS: The highest priced machine that we build costs $5,500. This is commercial. We have machines for the home that go for $300 to $700, but they do everything. They invest in a machine tha~ they can cook anything they want. SERGE DOYEN: You said you had 68 different models. Sounds like you've been putting in more time designing than selling. (Mr. Chris discussed his background in engineering, the different companies he owns, and his inventions.) THE CHAIRMAN: One of the reasons we're asking yon these questions, Mr. Chris, is to determine how much this business might grow and What restrictions should be put on it. What ~ou're talking about here if you're making a consumer produc~ is .sOmething that is not really adaptable to manufacturer in a non-conforming use of a grocery store. MR. CHRIS: Eventually this will be a great manufacturing~- thing but we're going to begin walking before we run. THE CHAIRMAN: I think you should understand that if this is granted, it will have to be firmly restricted as to the number of employees. Southold Town Board of Appeals -35- December 1, 1977 MR.~CHRIS: Definitely. Everything will be local people, I won't bring people in from other neighborhoods. I can teach them whatever they don't know, I'll willing to do it, I've done it before. THE CHAIRMAN: If you have to build a factory there's probably plenty of industrial property around here. MR. CHRIS: We could put up a complete, instead of sending the parts to be made out there we could have peeple locally do that. But right now ... THE CHAIRMAN: If I understood you correctly, you s&id you own four other corporations. MR. CHRIS: I own six corporations and every one of them is free and clear because I put all my money into these experiments ... THE CHAIRMAN: And these relate to the building business, architectural iron and stainless steel. MR. CHRIS: Stainless steel, exterior aluminum, interior aluminum, architectural wood. THE CHAIRMAN: The proposed use of this grocery store would be, there's approximately 5,000 sq. ft. there, is that correct? About 1/3 of that would be used for display purposes? MR. CHRIS: The entire front would be used for display purposes. THE CHAIRMAN: And the other 2/3 will be used to assemble panels, electrical connections that make ovens. And no product that you're going to ship out of there is larger than 5' by 22" a~d these would go to schools and caterers and perhaps airplanes. You would not employ over five people? MR. CHRIS: Not in this building. I don't want to put too many people there, more people will be used for outside2 Assume that people come to me, especially in the restaurant business a lot of people come to me and they give me a location to build a place for them. So they come in there and they choose what line they want and then they get the property, they put in the foundation, and I take over. In the field I will employ more people but not in the place itself. THE CHAIRMAN: You will not be putting any machinery of your own in there. I'm talking about capital equipment. MR. CHRIS: I have light machinery that I use like drilling machines and I have small welding machines. Also we have small saws like if you had to cut to make a cabinet or something, things like that. Southold Town Board Of Appeals -36- December 1, 1977 THE CHAIRMAN: There will be no riveting? MR. CHRIS: No. THE CHAIRMAN: The noise would be minimized? MR. CHRIS: Yes, that I will guarantee. THE CHAIRMAN: Probably there will be fewer employees there than if the grocery were running wide open and definitely less traffic. You'd have how many shipments a day, do you suppose? MR. CHRIS: It won't be daily, maybe once a week. I have a van and one of my men has a van and we ship directly in them. We like to take care of our products. THE CHAIRMAN: In assembling~.~, these panels, will they be bolted together? MR. CHRIS: No. The electrical panel, it comes like a sandwich, already assembled, no loose wires. The entire machine is stainless steel and it's all gear work, like a clock. It's a'matter of putting the parts together. (Mr. Chris explained how the machines are assembled.) THE CHAIRMAN: What will you need in the way of trucks there? MR. CHRIS: In the way of trucks, all we need is the vans, we don't have to have any long things because ... THE CHAIRMAN: You ship by local trucking? MR. CHRIS: The manufacturer delivers~the parts in cartons ... THE CHAIRMAN: No, I mean when you sell one, to Hartford let's say. MR. CHRIS: I would put it in my own van and deliver it. .SERGE DOYEN: How big are these units? MR. CHRIS: The biggest unit is 5'1" by 18" to 20" high, that's the largest. The average machine is 36", 18" by 15" (Mr. Chris explained what that machine can do.) I had it demonstrated in Brasby's Restaurant, I. had about 50 people. ROBERT BERGEN: YO~ said the other day that when you get a job out of town somewhere, the stuff is manufactured and sent right there and assembled there, you don't bring it out here to assemble. Southold Town Board of Appeals December 1, 1977 MR. CHRIS: I didn't mean the machine. If I have to put up a building for someone, all my extrusion compaz%ies like Corneer, Rempeo, and Alumini are given my specifications and they send the units pre-cut already to the job site and I have my angular lock unit that goes into the particular tubes and then we put up the building on the spot. THE CHAIRMAN: That's another business. You're going to assemble the ovens right here and then you'll take it to wher- ever you're going. MR. CHRIS: Correct. THE CHAIRMAN: You said something about installing crews. MR. CHRIS: When I sell the ovens to people, they come in to me no only for the oven, they come in for the building, I build buildings also. I've been a G.C. and I've been doing a lot of school work and suOh for years, I've been in this country for 30 years. This particular job, instead of having other people share the responsibility and then everybody blame each other, I like to share the responsibility only myself so I can promise a person that by a certain day their job will be delivered on bonded completion with a penalty on payments and therefore if I don't finish it in time it's X amount of dollars a day. We make sure that nobody is to blame but ourselves. One business with good work creates more business and that's what I want. THE CHAIRMAN: I presume that you know that this is zoned "B-i" Business, and this type of assembly is ~ot p~rmitted in the Business district. We had one here tonigkt where the fellow Stored furniture which is required to be done 'in a Light Industrial area. But in that particular location near a school, if it's done by a variance, you can put restrictions on it rather than changing the zone. But I think that if you were to go in this building that we'd prefer that you go in under a variance where we can restrict you rather than cha~ge the zone, there's no chance of changing the zone there, I'm pretty sure. So that tf you went in t~e~e you would probably cause less disturbance than a big grocery s~ore and less traffic. I think that the Board would entertain an application of you wanted to make it. MR. CHRIS: I don't want to break any laws or anything, that's why I'm coming to you gentlemen to make sure that it's all right. THE CHAIRMAN: Who's the real estate agent? JOAN YETTER: I'm representing Val Stype Agency. We were advised to come to the~Town Board to see if it was all right. Southold Town Board of Appeals -38- December 1, 1977 THE CHAIRMAN: No, you don't have to go to the Town Board, you can go to the Building Inspector and he'll tell you what you have to do to mak~ the application. You haven't made a formal application to see this Board yet. JOAN YETTER: I don't know how it evolved but ... THE CHAIRMAN: He came to see us. JOAN YETTER: Mr. Terry advised him to come to this meeting here tonight. THE CHAIRMAN: Yes, we happened to be there and he talked to us the other day. This is additional information that he's giving us here tonight. There's a couple of other things I'd like to ask you about the property. How much property is there? JOHN MALINOWSKI: 100' by 200'. The building is bigger than you said, it's about 7-1/2 thousand sq. ft. ROBERT BERGEN: We were just guessing. THE CHAIRMAN: How much parking is there? JOAN YETTER: 20 spaces, at least. THE CHAIRMAN: There's a fence over there that looked like a dog fence, a 4' fence. Is that your property? JOHN MALINOWSKI: Yes. THE CHAIRMAN: In other words, you own the whole block~ JOHN MALINOWSKI: I own from street to street, from Second to Third and I also live right next to it. THE CHAIRMAN: The way that it's fenced ir'looks like there were two separate lots there on the northwest corner. JOHN MALINOWSKI: On Third Street? No, that's the same property. I just put the fence because I had parking for the help in the back and I didn't want them to go all the way in. THE CHAIRMAN: I'd say go ahead and make an application then. Eight (8) Sign Renewals were rev&~wed and approved as submitted. Southpld ToWn Board of Appeals December 1, 1977 On motion by Mr. Doyen, seconded by Mr. Grigonis, 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, December 22, 1977, 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 Board of Appeals be held at 11:00 A.M., Friday, December 9, 1977, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. The meeting was adjourned at 10:20 P.M. (E.S.T.). Resp~/~ctfui?ly submitted, M dr y/~. Dawson Sec~ry