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HomeMy WebLinkAboutZBA-11/03/1977 APPEAL BOARD MEMBERS Robert W. GilUspie, Jr., Chairman Robert Bersen Charles Griflonis, Jr. Serfle Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 ~ Telephone 765-2660 MINUTES Southold TOwn Board of Appeals November 3, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, November 3, 1977, at 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: Steve Katz, Long Island Traveler-Mattituck Watchman. 7:30 P.M. (E.S.T.), Appeal No. 2322 - Recessed hearing upon application of Virginia W. Suter, Beachwood Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, ArticLe III, Section 100-30, 100-32 and Bulk Schedule for per- mission to construct.accessory building with insufficient setback. Location of property: Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood Road (~vt. Rd.); west by Creek Road (Pvt. Rd.). THE CHAIRMAN: We have a letter from Ms. Wickham, who is ~epresenting the applicant. -. (The Chairman read the October 28, 19'77, letter from Wickham, Esq., requesting that the hearing b~ 'post- some actio~ is taken by the~DEC. The ( the October 29, 1977, letter from Mr. Rob~r- that the hearing be postPoned until next May at which time he will return from Florida.) On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the public hearing upon application of Virginia W. Suter, Appeal No. 2322, be RECESSED indefinitely. Vote of the Board: AYeS~ Messr~: Gillispie, Bergen, Hulse, Grigonis, Doyen. ~ Southold Town Board of Appeals November 3, 1977 The secretary was instructed to write to Mr. Seh advising him that the hearing is postponed until the Board receives notification of an action by the DEC. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated October 13, 1977. Vote 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 October 21, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 7:45 P.M. (E.S.T.), Appeal No. 2348 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 Bray Avenue. THE CHAIRMAN: This was recessed at the recommendation of the Superintendent of Highways. "I recommend that a variance be denied for a building lot on Bray Avenue in order that this property may be used for a town drainage area. It is imperative that the Town acquire this piece of property because of the tremendous water problem. I am making a recommendation to the Southold Town Board that this property be acquired for the drainage purpose.? That letter was dated October 13th. At our request today, we got another letter from him, dated November 2, 1977, from Raymond Dean, Superin~enden~ of Highways. "On OctOber 25, 1977, the Town Board authorized Super- intendent Raymond C. Dean to contact the owners for the purpose of purchasing the property for drainage." $outhold Town Board of Appeals November 3, 1977 Have you been approached about this? WILLIAM CLARK, ESQ.: Yes, I've had contact with Mr. Dean, I've advised him that we are in a position to negH~iate with him. THE CHAIRMAN: Well, then I suggest that we just postpone this again. WILLIAM CLARK, ESQ.: Is the only reason you would not grant this variance is because the Town is interested in it? THE CHAIRMAN: If the Town wants to acquire it for drainage, we wouldn't want to do anything to interfere with it. WILLIAM CLARK, ESQ.: Couldn't you give a provisional, grant the variance and hold it in abeyance until such time as the Town decides they do not want it and it would become effective? We going to be, more or less, out on a limb if the Town doesn't want it and we'll have to come back for the variance imposing a hardship on the applicant and additional expense. If you could grant it with the stipulation that it would not become effective untilLsuch time as the Town feels that they do not want to pur- chase the property. THE CHAIRMAN: I think that the Town should act in this ~ase. What was ~he variance requested, you were going to sell that lot? WILLIAM CLARK, ESQ.: Sell it, and the purpose was to build a house on it. We lost that contract. THE CHAIRMAN: That contract's been cancelled? WILLIAM CLARK, ESQ!.: Yes, because the builder had a time limit to get a bui&ding permit. THE CHAIRMAN: So you do not have a buyer now? WILLIAM CLARK, ESQi.: Not at the present time, we're going to put the house back on the market. THE CHAIRMAN: Rather than go into a conditional ~ariance like that, what I think' the Board should do is to act on this, we're required to act on this within 60 days, and if the Town hasn't done anything byl the next meeting wh:i~h will be inSide the 60~-day limit, we'lll act on it, positively. The next meeting is on December 1st. That'll put it within the 60-day limit as far as we're concerned. If they still want to postpone it, they'll have to make some kind of an arrangement with you because we have to act on it. Rather than go through a conditional type action, if that's satisfactory with you, we'll leave it that way. WILLIAM CLARK, ESQ.: I think that would be satisfactory. Southold Town Board of Appeals November 3, 1977 THE CHAIRMAN: Does everybody understand that? The property owner should not be hung up on promises, and this Board has to act within 60 days from the first hearing which was October 13th. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the public hearing upon application of Doris Helf, Appeal No. 2348, be RECESSED to December 1, 1977, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. (The secretary was instructed to write to Supervisor Marto~chia informing him that the Board must take some action on this appeal at the December 1st meeting.) PUBLIC HEARING: Appeal No. 2358 - 7:55 P.M. (E.S.T.) upon application of James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for p~rmission to construct dwelling with in- sufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound; east by R. Tasker; south by CR27; west by County Wide Management. Mr. Robert W. Gillispie, Jr., Chairman, excused himself from this hearing. Mr. Fred Hulse, Jr., served as Acting Chairman. The Acting Chairman opened the hearing by reading the applica~ion.for ~.variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the applicant, and disapproval from the Building Inspector. The Acting Chairman also read statement from~he Town Clerk that notification by certified mail had been made to: Ruth W. Tasker; County Wide Management Assoc., Inc. Fee paid - $15.00. ACTING CHAIRMAN: Is there anybody present in reference to this appli~ati0n that would like to speak in favor? ROBERT W. GILLISPIE, III: The application mentions the Health Department application which has been approved as of today. I think that the lot has been held in single and separate ownership if not prior to the beginning of the dina~ce, almost all the way back to the beginning of the Or- dinance. I think a denial would render the lot practically unbuildable. Southold Town Board of Appeals November 3, 1977 ACTING CHAIRMAN: Is there anybody else who would like to speak in connection with this application? Any opposed? (There was no response.) After investigation~and inspection, the Board finds that the applicant requests permission to construct dwelling with insufficient setbacks, north side CR27, Greenport, New York. The findings of the Board are that the Board is in a~reement with khe reasoning of the applicant. Due to the close proximity to Long Island Sound, it is necessary to locate the dwelling closer to the road, as most all other dwellings in this area are located. 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. Doyen, it was RESOLVED, James W. Dawson, 9 Stone Ledge Road, Upper Saddle River, New Jersey be GRANTED permission to construct dwelling with insufficient setbacks, horth side CR27, Green- port, New York, as applied for. Vote of the Board: Ayes: - Messrs: Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2353 - 8:05 P.M. (E.S.T.) upon application of Joseph A. Shipu!e, 4910 North Bayview Road, $outhold, New York for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 100:-30 mnd Bulk Schedule for permisSion to set off lot with in'sufficient width. Location of pzoper~y: west side North Road to Bayview, Southold, New York, bounded on the north by Epp; weist by North Road to Bayview; south by E. Gagen & ors.; west by Dougherty & ors. The Chairman opened the hearing by re~ding.the application for a variance, legal notice of hearing,~fidaVit~s attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that n~tification by certified mail had been made to: T. P. Dougherty & ors.; Hilton L. Epp. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present here to speak for this application? $outhold Town Board of Appeals November 3, 1977 (There was no response.) This lot is on North Bayview Road in an area where many of the lots are half-acre or under. The proposal here is to set off a~lot which is nat~ally divided from the owner's residence by a blacktop driveway referred to in the application. The applicant's lot has 54,000, approximately, square feet in it. The lot being~set off is 23,000 sq. ft. and cannot be enlarged. The lots across the street are 177' by 120', approximately half- acre, 160' by 130' 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 ~equests permission to set off lot with insuffi- c±ent width. Location of property: west side North Road to Bayview, 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 hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this proper~y 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, Joseph A. Shipule, 4~10 North Bayview Road, $outhold, New York, be GRANTED permission to set off lot with insufficient width, west side North Road to Bayview, Southold, New York, as applied for. Vote of the Board: Ayes: Grigonis, Doyen. Messrs: ~illispie, Bergen, Hulse, PUBLIC HEARING: Appeal No. 2359 - 8:15 P.M. (E.S.T.) upon application of Helen R. Schaefer, 3950 Old North Road, S~uth~i~, 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 area. Location of property: Right-of-way, south side Old North Road, Southold, New York, bounded on the north by John Schaefer; east by right- of-way; south by A. Grigonis; west by now or formerly Wm. A. Coleman & wf. Mr. Robert W. Gillispie, Jr., Chairman, excused himself from this hearing. Mr. Fred Hulse, Jr., served as Acting Chairman. Southold Town Board of Appeals November 3, 1977 The Acting 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 Acting Chairman also read statement from the Town Clerk that notification by certified mail had been made to : Vito Amari; Antone Grigonis; Rev. Wm. A. Coleman. Fee paid - $15.00. ACTING CHAIRMAN: Is there anyone present who would like to speak in favor of this application? HESEN SCHAEFER: I would appreciate proper consideration given to all the statements made therein which would make it feasible to keep the property as it is and, if necessary, to split it at some time. ACTING CHAIRMAN: Anybody else wish to be heard in favor? Anybody opposed? Any member of the Board have any questions? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffi- cient a~ea~ right-of-way, south side Old North Road, Southold, New Yo~rk. 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 h~rdship; the hard~h~.~created is unique and would not be~share~by all properti~s'alike in the immediate vicinity of this property and in the same use distrlict; 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 RESQL~ED, Helen R. Schaefer, 3950 Old North Road, Southold, New York, be GRANTED permission to set off lot with insufficient area, rigkt-of-Way, south side Old North Road, Southold, New York, as applied for. Vote of the Board: Ayes: u Messrs: ~B~gen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2357 - 8:25 P.M. (E.S.T.) upon application of George ~ 19 Zemek Street, V~lley Stream, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk S~hedule for permission to change lot lines. Location of ~uoperty: north side Front Street, Southold Town Board of Appeals November 3, 1977 Greenport, New York, bounded on the north by School District #10; east by now or formerly Peterson; south by Front Street (Route 25); west by W. Price. THE CHAIRMAN: This property adjoins the high school in Greenport. There appears to be a slight swing on the County tax map indicating the lihe the~'re trying to straighten out. The total amount of land that will be transferred from one lot to the other is 15' at one end and 0' on the other end with a length of, I guess, 195.72' both on the east boundary and the west boundary. This apparently will make a rectangle out of the Peterson property. Is there anyone present who wishes to speak for this application? WILLIAM PRICE, JR., ESQ.: I don~%t have anything in particular to say but I'd be glad to answer any questions. THE CHAIRMAN: This is just a friendly straightening of lot lines between two neighbors, huh? WILLIAM PRICE,~JR., ESQ.: Yes. THE CHAIRMAN: The total amount of land is about 1,400 sq. ft. Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to change lot lines, north side Front Street, 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 Ordi~a~ee 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 · n the same use district; and the variance will not change the character of the nSighborhood, and will observe the~spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, George Mahr, 19 Zemek Street, Valley Stream, New York, be GRANTED permission to change lot lines, north side Front Street, Greenport, New York, as applied for. Vote of the~Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals November 3, 1977 PUBLIC HEARING: Appeal No. 2351 - 8:40 P.M. (E.S.T.) upon application of Charles G. and Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York for a variance in ~ ~r 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-6f-way; east by Norwold SubdiviSion; south by D~nhuber; west by Dunhuber & Andruski. THE CHAIRMAN: There's a letter in the file here to the secretary dated October 24, 1977. "Thank you for your help when I called to postpone my Board of Appeals hearing. I would like to have it post- poned to the next meeting instead of the Nov. 3, 1977, one.~ /s/ Mary and Charles Tangney They're asking that this hearing be postponed until December 1st. We have one at 7:30, Helf, I guess this could be at 7:40. CHARLES GRIGONIS, JR.: There's a lady down here who has a couple of questions about this. MRS. DUNHUBER: If Mr. Tangney built on this property would he still be allowed to have farm animals? THE CHAIR/~AN: That I don't know. There's a limit in the Ordinance as to how many horses you can have. How much acreage does he have? MRS. DUNHUBER: Four something. THE CHAIRMAN: You're concerned with limits as to the number of domestic animals, is that correct? When we have the hearing we'll go into that at length. I saw, some when we were down there, I think we saw goats. It's a little difficult to understand from the map exactly what he's trying to do. There's a right-of-way off of Little Neck Road, a proposed 50' right-of-way. He proposes to run. it down here. (on map) MRS. DUNHUBER: Where's he putting the house, east or south of the present house? ROBERT BERGEN: To the east, I would think. THE CHAIRMAN: They want to set off a new lot in the southeast corner. MRS. DUNHUBER: Another thing I meant to ask about is where you can put a fence, he has a split rail fence there now. Southold Town Board of Appeals -10- November 3, 1977 THE CHAIRMAN: He can put it on the line, if that's what you mean~ MRS. DUNHUBER: Directly on the property line? ROBERT BERGEN: It should be on his side. MRS. DUNHUBER: Why must I have his fence on my property? ROBERT BERGEN: You shouldn't. CHARLES GRIGONIS, JR.: He can be right against the line but not over it. MRS. DUNHUBER: Well, you say he can put it on the line ... ROBERT BERGEN: Up to but not on. THE CHAIRMAN: When we were originally considering these fences, we suggested a six-inch setback from the neighbor, but if you do. that lawyers tell us you have a theory of adverse possession which means that you could claim that six or twelve inches, whatever. So when somebody puts up a fence they can put it up to the line. You think his fence is over the line? MRS. DUNHUBER: When he put it up, my grandson came running in and said, "Grandpa, Mr. Tangney's got his fence a couple of feet over on your property." THE CHAIRMAN: OK, I'll mark down here that you were in asking about the number of domestic animals. MRS. DUNHUBER: Farm animals, not dogs and cats. THE CHAIRMAN: Like what? MRS. DUNHUBER: Like cattle, goats, horses. He did have horses, he had a regular racetrack in there. He's selling them now. On motion by Mr. Giilispie, seconded by Mr. Hulse, it was RESOLVED that the pub!ich.heaii~g upon application of Charles and Mary Tangney, Appeal No. 2351, be RECESSED until December 1, 1977, at 7:40 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals -11- November 3, 1977 PUBLIC HEARING: Appeal No. 2355 - 8:50 P.M. (E.S.T.) upon application of Robert Sorenson c/o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10D-32 for permission to construct accessory building in front yard area. Location of property: east side EqUestrian Avenue, Fishers Island, New York, bounded on the north by Braun; east bY Hay Harbor; south by T. Pyle & wf.; west by Equestrian Avenue. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesHing 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: Thomas O. Pyle; Andrew Brown. Fee paid - $15.00. ROBERT BERGEN: How far back from the road is this? SERGE DOYEN, JR.: There's a plot plan there~ 20' or 30'. ROBERT BERGEN: And how far is the dwelling? THE CHAIRMAN: The dwelling is back about 200', 175' SERGE DOYEN, JR.: The land here immediately along here drops right off into a gully about 10' deep.. THE CHAIRMAN: There's considerable acreage in the plot, it's 288' on one dimension. The County tax map indicates there's 292' on the southeast dimension, 50' on the northeast dimension, 258' on the northerly dimension with a 25' at the northeast corner, another-dimension of 126'. I guess it's something over an acre. SERGE DOYEN, JR.: It's got to be all of an acre. THE CHAIRMAN: Anyone wish to speak against this application? Any questions? (There was no response.~ After'investigation and inspection, the Board finds that the in New York. The findings of the Board are that the applicant's rear yard is 'unsuitable for building purposes due to topographical ~on~%~°ns. The main house is set greatly in exce~s of present zoning requirements. The Board finds that strict~application of the Ordinance would produce practical difficulties or unnecessary hardship; Southold Town Board of Appeals November 3, 1977 the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by. Mr. Hulse, seconded by Mr. Bergen, it was RESOLVED, Robert Sorenson, Equestrian Avenue, Fishers Island, New York, be GRANTED permission to construct accessory building in front yard area, east side Equestrian Avenue, Fishers Island, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, ~oyen. PUBLIC HEARING: Appeal No. 2360 - 9:00 P.M. (E.S.T.) upon application of the Estate of Walter Washburn, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the Town Law, Section 280A for permission to set off lot with insufficient area and approval of access. Location of property: Right-of-way, west side Bay Avenue, East Marion, New York, bounded on the north by right-of-way, Radford; east by Traffica, Schmidt, Dahncke & ors.; south by other land of applicant; west by right-of-way and Radford. The Chairman opened the hearing by reading the application for a variance, legaln~tice 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: A. Traffica; Rita Schmidt; H. Dahncke; Linwood Rackett; A. W. Mytes; Ernest G. Radford; Victor Novak; Stuart Anderson. Fee paid - $15.00. THE CHAIRMAN: What do you mean by the "remainder of the road?" WILLIAM SCHRIEVER: The road was originally set up when Mr. Radford, who's sitting there,~ built a subdivision here some time ago in the late 60!s. Washburn had owned half of the road and originally supplied the property. When the deal was set up for subdivision, this is the approved subdivision map. THE CHAIRMAN: For a minor subdivision. Who approved it? WILLIAM SCHRIEVER: The Planning Board, last JulY. This doesn't happen to have their stamp on it but it's the same map that does. This part of the road is actually owned by Mr. $outhold Town Board of Appeals -13- November 3, 1977 Radford. In other words, he owns the fee of this section. THE CHAIRMAN: Both sides of the line, right? WILLIAM SCHRIEVER: It's hard to see, but the dotted line (on map) is the actUal bounds of the road. It's a 50' road. It dead ends here, and this is a dead end. THE CHAIRMAN: There's a house over here. WILLIAM SCHRIEVER: Right. That's the Smiths. The Smiths are sitting right over there behind Mr. Radford. When we filed this subdivision, at the public hearing ... THE CHAIRMAN: Those houses have been there a long time, you mean this section, right? WILLIAM SCHRIEVER: Right. When we filed this subdivision, there were people who came to the public hearing who owned the properties here, the Andersons, Smiths, and KoChes~ who bought property in the Radford subdivision, and they said, "There is no agreement to maintain this road." Half of it is owned by Radford and half by the Estate. They asked to have some kind of a set-up to provide in the future for ther~aintenance of the road, an association. THE CHAIRMAN: "They" are . . . WILLIAM SCHRIEVER: The people, the neighbors that came to the public hearing ... THE CHAIRMAN: From the Radford section. WILLIAM SCHRIEVER: Right. The Planning Board took the position that it would be very desirable if we did such a thing so that the road would have a home, somebody that would look artier it, it wouldn't be just an orphan. We proceeded,~ith of the Planning Board, to set up'the paper to form a road association with eiqht members. The members would be all of the people who gain access~o Bay Avenue by means of this road. I've got another map here that shows all those eight N.~%his is the road association the way it's proposed to be set up. This is the Smith property, this is the Koch property, this is the Anderson property~ this is a Iot which Mr. Radford still owns, it has not beenss6~d. Then there are three lots in the subdivision that we just received approval for. There are a total of eight lots that ~ain access to Bay Avenue by means of this road. THE CHAIRMAN: And these may be further subdivided or not? WILLIAM SCHRIEVER: Well, this lot here, it seems reasonable to assume ... it's two acres, it's seems reasonable that he could Southold Town Board of Appeals November 3, 1977 cut this lot in half and sell the back as a lot and keep the front. THE CHAIRMAN: OK, I'll go on reading the rest of the application. "Also the Road Association clearly would not have the same control over this portion of the road as over the remainder and these two property owners would be assuming an element of liability resulting from the ownership and use of the road not shared by the six remaining members of the Road Association." Could you explain that? WILLIAM SCHRIEVER: Mr. Radford retained the fee of the road w-hen he sold these lots. He did not distribute ~he road to the adjoining lots, he kept it, the idea being it would be easier to dedicate to the Town. The Planning Board likes the idea because they like the possibility of the Town being able to get the road if the need were ever to arise. Unde~ the rules of the subdivision and so forth, when we filed the sub- division we retained the road in the lots. This is 47,08.8 sq. ft, we made it big because we knew a lot of it was being chewed up by the road frontage. This lot is just an even 40,000, it'll have a little chunk come out of it. These lots, if he deeds his fee to the road to this association and we deed this piece to an association, then the association would then own the entire fee of the road down to this point right here. THE CHAIRMAN: How does this guy get in? (on map) WILLIAM SC~RIEVER: On that one you gain access from the ot~er way. The whole purpose of this variance is to be able to convey the fee of this half of the road to the a~socia~ion and still use these lots. In other words, if I don't convey it, if I set 'up an association and the association doesn't own the fee of the road ... ROBERT BERGEN: They're all a little bit under 40,000 sq. ft. WILLIAM SCHRIEVER: This one is 47,Q00, this is 40,000. These were acceptable lots under the subdivision ruleS. The map was approved and everything was settled. Then we proceeded to set this up, we wanted to dedicate this property to the association so as to make it all one piece in case sometime it might want to be dedicated to the Town. (There was discussion as to the location of the right-of-way.) $outhold Town Board of Appeals -15- Noveraber 3, 1977 · HE CHAIRMAN: "These two property owners would be assuming an element of liability resulting from the ownership and use of the road not shared by the six remaining members of the Road Association." Now, which two property o~ners? WILLIAM SCHRIEVER: The people that are buying this lot and this lot.(on map) THE CHAIRMAN: You're questioning the fact that there would be unequal liability? I don't see that. WILLIAM SCHRIEVER: I'm trying to create a hardship~ THE CHAIRMAN: These people would be using it more than anybody else. WILLIAM SCHRIEVER: The point that I'm making is that the road association will own this part of the road but it will not own this part. These people will own it. THE CHAIRMAN: You mean, so that when the Town comes along ... WILLIAM SCHRIEVER: Even before the Town comes along, let's suppose you had an accident here and break your leg and you start suing everybody around. You'd be suing the association for one half of the road and this property owner for the other half because he would be the fee owner. My a~gument there, which I don't think is the only argument, but the argument I was making was that this fellow here that owns this lot is assuming, in a sense, a liability for this road which no other property owners are assuming because they're not going to be owning the road and therefore they don't have that liability except through the association whereas this guy would actually own the fee. THE CHAIRMAN: It's true, not many people ~ould have thought of it, I guess. WILLI~ SCHRIEVER: The real reason for doing ~his is to Be able to have the association own the entire'fee of the road ha% ~ s maintaining, that is the purpose. We.re not changing anything, there's not a line that moves anywhere. Everything is 40,00~ sq. ft. and all that. All we want to do is give the title to this right-of-way which is a common right-of-way and of absolutely no use to this landowner, to give that title over to the association. The road will be exactly where it was, the house will be exactly where it was, the driveway here will be the same, nothing moves except on the piece of paper, the fee to this changes, that's all. THE CHAIRMAN: You would be changing two lot lines, you would be diminishing two lots. WILLIAM SCHRIEVER: Right. $outhold Town Board of Appeals -16- November 3, 1977 THE CHAIRMAN: And that's what you mean by it would be unfair if this were denied? WILLIAM SCHRIEVER: Yes, I don't know whether it would be unfair, I mean I don't own the lot so ... (The Chairman finished reading the application.) THE CHAIRMAN: We also have a letter from the Planning Board addressed to the Board of Appeals. (The Chairman read the November 2, 1977, letter from the Planning Board stating that they are in favor of the requested variance.) Is there anyone else who wishes to speak for this application? ERNEST RADFORD: I'm the adjoining owner and I also participate, to an extent, in the proposition and I'm in favor of it. THE CHAIRMAN: As I see it ... can you tell me why these lines weren't changed, it looks like it all would have come out to 40,000 sq. ft., wouldn't it, when you originally~set it up with that 50' in there. WIIi~JIAM SCHRIEVER: You're talking about this subdivision here? I don't know whether I could have, it wouldn't have made a very good layout if I had done it that way. THE CHAIRMAN: This has created this problem that we're in here tonight about, if this had been 50' and these lots had been normal. WILLIAM SCHRIEVER: You've got other constraints besides area. This is 46,000 but it's 150' wida. The reason it's 46 is because you've got to have 150~. You can't cut this lot at all, there's no way you can cut it. T~LE CHAIRMAN: Under the Planning Board rules and regulations. WILLIAM SCHRIEVER: Right. You have other constraints besides area. I tried to make this lot as big as I could. THE CHAIRMAN: Well this is the first one we've had like this. You see, they can't make any variances, the Planning Board can't vary anything. WILLIAM SCHRIEVER: We went to the Planning Board in Auqust and we showed th~m what it was that we anticipated this probiem, this was a month after the thing was approved. We said, "Can we $outhold Town Board of Appeals -17- November 3,~1977 do this, is there any point in setting up this thing because it's going to cut the lot sizes?" They said, "That's a good idea" so we did it. We didn't finish it but we went to all the work, drew the maps, took care of the papers and everything. Just as we were to close on the sale of these two lots, one of the purchasers went into Mr. Terry who said, presented a map. These are the maps of the properties as we, this is the Polig lot which is this lot h~re and this is the Long lot which is this one here.7-~e'resr~ady to close on these. When the maps were presented, the areas were not 40,000 sq. ft. and Mr. Terry felt that they would not qualify without a variance so that's what triggered this thing. If we'd known we'd needed a variance, we w~uld have come in earlier. THE CHAIRMAN: Has anything been<~done about the road specs in here? WILLIAM SCHRIEVER: The road is approved. THE CHAIRMAN: By whom? WILLIAM SCHRIEVER: By the Planning Board. THE CHAIRMAN: No, I mean the condition of the road. It looks very good, I'm not questioning that. ERNEST RADFORD: The original road was dug out to a depth of two feet and backfilled with sand and gravel. Mr. Terry looked at it at the ~ime, that was several years ago, and he says that the road is in condition so that with just a coat of oil it could be turned over to the Town. THE CHAIRMAN: That covers our concern then, it looked very good when we were there. We don~t~require Town specs. Of course, if you go to turn this over to the Town that's some- thing else again. Maybe it's good and maybe it isn't, maybe you'll have to do something more to it. WILLIAM SCHRIEVER: I don't know whether it will ever be turned over to the Town but ... THE CHAIRMAN: Well, I guess we understand it now. Is there anyone else who would like to speak for this application? WILLIAM SCHRIEVER: I have a copy of the proposed agreement for the road. I don't know whether you want this or not, if you do you can have it. THE CHAIRMAN: I think that what this Board should do, rather than get into an 8-page legal document which we're not equipped to evaluate anyway, is to accept this subject to the approval of the Town Attorney. If there's anything wrong with it, let him tell us. Southold Town Board of Appeals -18- November 3, 1977 WILLI2~4 SCHRIEVER: As I say, the thing is not signed yet, it's proposed. THE CHAIRMAN: Is there anyone who wishes to speak against this application? Mr. and Mrs. Smith, are you in favor of this? MR. SMITH: I think so. Everything I've heard up to now seems reasonable. I think it's in the interest of ~he road association to acquire the entire 50' width. THE CHAI~J~N: Yes, the Town will require that much anyway. MR. SMITH: We're not thinking about the Town yet. Our own feelings are that we'd rather keep it a private road. If thetTown determines to take it, that,s something we can't do anything about. THE CHAIRMAN: You'd rather keep it a private road? MR. SMITH: Yes. THE CHAIRMAN: I think they'll resist the urge to take ±t .then, I don't~ink they'd ever take it without it being requested. I don't see anything wrong with it. It seems to me a confusion of errors that this problem ever arose in this situation. After investigation and inspection, the Board finds that %he applicant requests permission to set off lot with insuffi- cient area and approval of access, right-of-way, west side Bay Avenue, East Marion, New York. The findings of the Board are that the Board is in agreement with the reasoning of the appli- cant as expressed in the application, and also with the Chairman of the Planning Board and his letter of November 2, 1977. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship c~eated is unique and would n©t by shared by all properities alike in the immediate vicinity of this property and in ~he same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by M~. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Estate of Walter Washburn, Bay Avenue, East Marion, New York, be GRANTED permission to set off lot with insufficient area and approval of access, right-of-way, west side Bay Avenue, East Marion, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals -19- November 3, 1977 PUBLIC HEARING: Appeal NO. 2352 - 9:25 P.M. (E.S.T.) upon application of Marion M. Roussin c/o Mr. and Mrs. James Hoolahan, Narth Parish Drive, Southold, 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: north side Sound View Avenue, Southold, New York, bounded on the north by Halbauer; east by Hyatt Road (Pvt. Rd.); south by Sound View Avenue; west by B. Young. 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: Barbara Young; Mae Halbauer. Fee paid - $15.00. THE CHAIRMAN: This property consists of approximately 1-1/2 acres on Soundview Avenue, accordinq to the County tax map, and 390' in depth on the westerly dimension. It's some- what longer on the easterly dimension. Across the street is a lot, or adjoining is a lot 218' by 150', one 121' by 152', another 169' by 216'. Generally speaking, the lots are half- acre or less, approximately half-acre, immediately surrQunding except for the one to the north which is 103' by 230' and 86' on the other dimension, little less than half-acre. Is there anyone present who wishes to speak for this application? JAMES HOOLAHAN: she's in Florida now. papers and all that. We're here to speak for Mrs. Roussin, I assume she's filed all the necessary THE CHAIRMAN: I believe there's a right-of-way on the sasterly side of this property, right? JAMES HOOLAHAN: There is a right-of-way, correct. THE CHAIRMAN: We were up there back in the woods?and on proposed Parcel A is a small cottage, is that correct? JAMES HOOLAHAN: On the easterly side of that right-of-way there's a cottage. THE CHAIRMAN: On the westerly side on the property that we're talking about. JAMES HOQLAHAN: The house that Mrs. Roussin owns is on the easterly side of that right-of-way, Hyatt Road. THE CHAIPd~2q: Maybe you can explain to us then which property she wants to divide. JAMES HOOLAHAN: She's on the easterly side of that Hyatt Road. Southold Town Board of Appeals November 3, 1977 THE CHAIRMAN: I think I misunderstood the application. This is Parcel A and Parcel B, but this is an old survey that doesn't relate to today's application, I guess. Is this correct, does she own an acre and a half? JAMES HOOLAHAN: She told us, I thought it was more than an acre and a half. Is this the right-of-way here? (Mr. Hoolahan and the Board discussed the map of the property.) She's on the westerly side of the right-of-way. If that's the corner property, that's her property then. THE CHAIRMAN: Where does she live, in that little bungalow? JAMES HOOLAHAN: Yes. THE CHAIRMAN: And she wants to cut off a piece on the road? JAMES HOOLAHAN: That's right, that's exactly what she wants to do. She's had some maps made up, I've seen them, she had them over to the house one time. THE CHAIRMAN: Is there anybody 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 in- sufficient width and area,, north side Soundview Avenue, Southold, New York. The findings of the Board are that the lots to be created will be as large as many of the other lots in the immedi- ate vicinity. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would notbe 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 neighboChood and will observe the spirit of the Ordinance. On motion by Mr. Hulse, seconded by Mr. Doyen, it was RESOLVED, Marion M. Roussin, 160 Cypress Club Drive, Apartment 630, Pompano Beach. Florida, be GRANTED permission to divide property with insufficient width and area, north side Soundview Avenue, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Southold Town Board of Appeals -21- November 3, 1977 PUBLIC HEARING: Appeal No. 2361 - 9:35 P.M. (E.S.T.) upon application of Dorothy Yoerges a/c By The Yard, Love Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear yard area. Location of property: east side Love Lane, Mattituck, New York, bounded on %he north by Raynor-Suter; east and south by Lois Barker; west by Love Lane. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in.the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk thaf notification by certified mail had been made to: The Love Lane Shop; Raynor-Suter Hardware. Fee paid $i5~OO. THE CHAIRMAN: Is thsre anyone present who wishes to speak for this application? FRED YOERGES: I'm here for it. THE CHAIRMAN: On this survey, you propose to extend the building 23' by 20' FRED YOERGES: It's only going to go back 22' because we have a cesspool back there so it's only going to be 22' ROBERT BERGEN: The application said 20' back and 23' wide. FRED YOERGES: It's 23.8' wide now and we wanu to go as far back as we could. When we uncovered where the pool was we figured we could go back 22'. THE CHAIRMAN: You'll be going into the back yard area the same way that Raynor-Suter did. FRED ~OERGES: Not quite as far, he's all the way back to ~here. This (on map) is the end of the property, Hank Drum's property, we don't own t~ lot. Then the Lot is divided between Raynor-Suter and Lois Barker, a fence runs right down the middle of~it. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? Anyone wish to speak against the application? (There was no response.~ After investigation and inspection, the Board finds that the applicant requests permission to construct addition with insufficient rear yard area, east side Love Lane, Ma~tituck, New York. The findings of the Board are that the Board is in agree- ment with the reasoning of the applicant. Southold Town Board of Appeals -22- November 3, 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 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, Dorothy Yoerges, By The Yard, Love Lane, Mattituck, New York, be GRANTED permission to construct addition with in- sufficient rear yard area, east side Love Lane, Mattituck, New York, as applied for, subject to the following condition: The addition shall be no larger than 23'6" in width, the same as the width of the present building, and no greater in depth than 22' Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2356 - 9:40 P.M. (E.S.T.) up'on application of James H. Ackerman, Mountain Lake, Lake Wales, Florida for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north by E/W Road; east by M. Wray; south by M. Reid; west by Private Road; Block 8, Lot 12, Fishers Island Estates. 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, ~nd disapproval from the Building Inspector. The Chairman a~so read statement from the Town Clerk that notification by certified mail had been made to: M.D.S. Wray; Mary D.S. Reid (now Wray). Fee paid $15.00. (The Chairman read the letters from Mrs 0.~Harry'.Gruner, III and Mary D. Wray who own Property next t~ the ~ck~rmans and who are both in favor of the application.) THE CHAIRMAN: Which golf course is this near, the small one? SERGE DOYEN, JR.: No, the 18-holer. This is the other end of the Island, almost to the end on the other end. It's a very short distance, only about half a miletto the end of the Island~opposite the airport. What an argument, doesn't it Southold Town Board of Appeals -23- November 3, 1977 say in the application that there are no children in the area? (Both the letter from Mrs. Grumer and the one from Mrs. Wray commented on the fact that their children learned to swim in the pool.) FRED HULSE, JR.: I've got to admit he's got a point there, you don't fence in the Sound. THE CHAIRMAN: You don"t fence in the house either. After investigation and inspection, the Board finds that the applicant requests permission to eliminate swimming pool fence, Private Road, Fishers Island, New York. The findings of the Board are that the applicant is the owner of an acre of land in the southeast portion of the Island. The pool is located in the side yard area of the lot approximately 75' from the house. Three sides of the pool are heavily shrubbed. However, the Ordinance was written to protect the health, ~afety, and welfare of all the residents of the Town, and it is the obligation of the Board to require all reasonable safety precautions. The Ordinance was designed to protect residents and domestic animals from "attractive nuisances" and t'he fencing requirement for pools has never been varied. The Board feels that aesthetic considerations are outweighed by the safety factor involved. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared~by ali 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. Gillisp~e, seconded by Mr. Grigonis, it was RESOLVED, James H. Ackerman, Mountain Lake, Lake Wales, Florida, be DENIED rel~ief~f~omt~he_Ced~equirements relative to fencing in-ground swimminq pools, Block 8, Lot 12, Fishers Island Estates, Fishers Island, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2354 - 9:55 P.M. (E~S.T.) upon application of Rowland A. Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 C 2 A and 100-35 to obtain Southold Town Board of Appeals November 3, 1977 relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island, New York, bounded on the north by Block Island Sound; east by O. Anderson; south by Private Road; west by H. Williamson & wf.; Block 25, Lot 8, Fishers Island Estates. The Chairman opened the hearing by~re~ding 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: Henry W. Bagley; O. J. Anderson. Fee paid - $15.00. (The Board discussed the pictures of the property taken by Mr. Doyen.) SERGE DOYEN, JR.: It does fall off here. Whoever drew this sketch didn't kn~w that the house actually runs over this way, it doesn't even remotely look like that. It's stretched out much further over here. So actually, the pool is more than half surrounded by house and wall and fence so to speak. This b~ick wall carries around here, so actually all they'd need, the brick wall is on this side and that carries almost up to here (on map) so they'd actually only need a fence around over to here on this side of the house. ROBERT BERGEN: You've got to have a different fence than that railing there. SERGE DOYEN, JR.: The railing is already on top of another wall. There's a wall underneath that, that's on top of a wall. It doesn't show, the sun was shining in such a way that's the only picture I could take. Not only that, there's no place I could stand, it falls off to the beach. THE CHAI.RFIAN: Are there any other questions? (There was no response.) gation and inspection, the Board finds that the permission to eliminate swimming p~01 fenco, Fishers Island, New York. The findings of that the applicant is the owner of a parcel of land approximately two acres in area. The swimming pool in question is located between the applicant's house and Fishers ISland Sound to the north. The pool is partially surrounded by the house and a brick wall, and it is up to the Building Inspector to dotormino whether these presently existing structures can be included as part of the fencing requirement. The Board has never varied the fencing requirement for swimming pools as it is our belief that aesthetic considerations are outweighed by the safety factor involved. The Ordinance was written to protect all resi- dents of the Town from "attractive nuisances." Southold Town Board of Appeals November 3, 1977 The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship 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, Rowland Robbins, Fishers Island, New York, be DENIED permission to eliminate swimming pool fence, Private Road, Block 25, Lot 8, Fishers Island Estates, Fishers Island, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2362 - 10:05 P.M. (E.S.T.) upon application of Robert Adipietro, Peconic Lane, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change lot lines and convert existing building to dwelling. Location of property: south side Leslie Road, Peconic, New York, bounded on the north and west by Leslie's Road; south by Pontino; east bY Indian Neck Lane. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in ~e official newspapers, and d~sapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: John Pontino; Mary Ann Thilberg~ Pee paid - $15.00. THE CHAIRMAN: What's requested here? ROBERT ADIPIETRO: To change the property line to set off the barn on the building lot that is presently along side it. THE CHAIRMAN: That should be on the application. How many lots are there out there, three? ROBERT ADIPIETRO: Two in question. THE CHAIP~iAN: That little triangular lot on the corner was sold o~f? ROBERT ADIPIETRO: Right, by myself. THE CHAIRMAN: And you'~e got two lots left or you want to make two of the remainder. Southold Town Board of Appeals -26- November 3, 1977 ROBERT ADIPIETRO: Those are still two lots. There's a house on this one, and this one is a vacant lot and the old barn sits right on the property line. What I wanted to do was relocate the property line, take that triangular piece of land and include it on the lot that the barn would be on and take it away from the lot that the old house is on now. THE CHAIRMAN: What do these lots total? One of them is 34,000 sq. ft. and the other is 45,000, so you're talking about a total of about 80,000 right there. You want to swing a line in order to accommodate this old barn. Are you going to modernize the barn? ROBERT ADIPIETRO: Right. THE CHAIRMAN: And leave it where it is? ROBERT ADIPIETRO: Right where it is. THE CHAIRMAN: Would it be troublesome to move it? There's no cellar under it, is there? ROBERT ADIPIETRO: No, there's no cellar. ROBERT BERGEN: I should think you'd put a foundation up and move it onto the foundation. Otherwise, as it is, the biggest part of your lotJs~g6~g to be on one side of the building. ROBERT ADIPIETRO: That much I'll agree with, the only problem arises is that it costs about $5,000 in order to do that. I got estimates and it's close to $5,000, so financi&lly it's a little bit of a problem. As it stands now, it could very easily be renovated but when you start getting into a foundation with a possible basement ... FRED HULSE, JR.: Aren't you going to put a foundation there anyway? ROBERT ADIPIETRO: Yes. THE CHAIRMAN: When you put all the entrances, put no doors on the sidle toward the road and no garages or anything like that on that side. It's too close to the road. Put everything you can around the other side. ROBERT ADIPIETRO: That would be the practical way of doing it anyway. THE CHAIRMAN: We wouldn't want you to put a garage there that would back out onto Leslie's Road. You should back out on your own property. I'll read the rest of this. Southold Town Board of Appeals -27- November 3, 1977 (The Chairman finished reading the application and filled in some sections that were left blank. Mr. Adipietro initialled the additions.) THE CHAIRMAN: Is theme anyone present who wishes to speak against this application? (There was no response.) The applicant would be enlarging one lot and diminishing another. The two lots woUld still add up to approximately 80,000 sq. ft. The only thing I'm confus~d-~about in this application, did you buy the three lots originally? ROBERT ADIPIETRO: Yes. THE CHAIRMAN: And then you applied for a variance to sell off that triangular one, right? ROBERT ADIPIETRO: That was never a lot, no I'm sorry, I bought two lots, with two dwellings on one and the second ~acant. ROBERT BERGEN: If.we put this through on the lot where the barn is, that should never be able to be divided again. It looks like there's enough land out there to build a house on b~t tha~'sDall the property that goes with the barn. THE CHAIRMAN: Ail the barn property is over to the west. After investigation and inspection, the Board finds that the applicant ~equests permission to change lot lines and con- vert existing building to dwelling, south side Leslie Road, Peconic, New York. The findings of the Board are that the applicant dDes have a considerable hardship in the difficulty of. moving an old barn from its present location. Accordingly, the Board agrees, with the applicant's request. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship c~eated is Unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by-Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Robert Adipietro, Peconic Lane, Peconic, New York, be GRANTED permission to change lot lines and convert existing building to dwelling, south side Leslie Road, Peconic, New York, as applied for, subject to the following condition: $outhold Town Board of Appeals -28- November 3, 1977 There shall be no doors on the northerly side of the house facing Leslie Road. Any garages that may be built shall not face toward Leslie Road and shall be so constructed so that cars will not back out onto Leslie Road. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Four (4) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Gillispie, 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.'), December 1, 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. Grigonis, 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., Friday, November 18, 1977, at2~the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - ~essrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. The meeting was adjourned at 10:20 P.M. (E.S.T.). -~~i~~Re ect lly bmitted, _A~Q ~ ~0V~D F~ar~/E ~ Dawson ~ ~.~/~ ~e ck~et ary