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HomeMy WebLinkAboutZBA-09/15/1977 APPEAL BOARD MEMBERS Robert W. Gilllspie, Jr., Chairman Robert Ber!~en Charles C~riflonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Boa:rd o£ Appeals BOUTHOLD, L. !., N.Y. 119"71 Telephone 765-2660 MINUTES Southold Town Board of Appeals September 15, A regular.meeting of the Southold :T~wn Board of Appeals was h~id at 7:30 P.M. (E.D.S.T.), Thursday, September 15, 1977, at the Town Hall, Main Road, Southold, New York. Tke~e were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert ~r~en; Charles Grigonis, Jr.; Serge Doyen, Jr. ~UBLIC HEARING: ~:.~ peal No. 2312 7:30 P.M. (E.D.S.T.) )lication of Gustav Bartra, 227 Break- New York for a variance in accordance with Zoning ~Ordinance, Article III, Section 100-30 C and 10 A for Permission to construct radio and T.V. towers ex- ce Lecation of property: Right-of-way, akwater Road, Mattituck, New York, bounded on the nOrth~i'by Stupiello and Malone; east by Donald Cooper; south by right-of-way, D.~ Cooper; west by Cannone. Mat~: that from CHAIRMAN: The a~enda tenight i~ncludes, as for a Involved in this hearing was tions of Mr. Bartra were interfering Since that hea~ing, which we recesSe~ te 'con- Road, aeeks I've got here. "I do most certainly object to the erection of an illegal T.V. tower on the property of Gustav Bartra. But how is it possible for him to have 2 already d towers if they are illegal. Who permitted th ,en?" Southold Town Board of Appeals -2- September 15, 1977 I can't identify the signature. I'm not sure what it is. Is the gentleman who wrote this here? (There was no response.) It begins with a "Whlem", Wilhelm or something like that. MRS BULLARD: The name could be Martens, Wilhelm Martens. THE CHAIRMAN: I don't think it casts a lot of light on the problem we have. The next letter is dated September 12. (The Chairman read the letter from Gustav Bartra, the letter that was circulated in Mattituck regarding h~is application, and a newspaper clipping regarding the effect of sunspots on television reception.~ The next letters to be read were from Katherin~ & Edward Siebert, ~ames E. Callahan, and Mr. & Mrs. Louis Darin, all in opposition to the application. The Chairman also read the August 22, 1977, letter from Mr. Bartra which con- tained a newspaper clipping from Suffolk Life concerning sunspots.) That about summarizes the letters that were received on this subject since we recessed the hearing. One of the reasons for recessing the hearing was to write to the FCC to get their opinion as to the height, whether the height of a ham radio station trans- mitting would have any effect one way or the other on local television reception. We don't know whether it would or not, we're not experts on it. There has been no communication from the FCC. At this time, I~ll be glad to hear from anybody that want~ to talk either for this or against it, whenever we have a crowd most people are against it, so anybody who wishes to speak for this, I'd like to hear from them. FRANK HUSAK: In reference to these so-called sunspots, Wouldn't that ~affect the TV at all times regardless, why is it that only at certain times when this particular ham radio is in operation that it affects the TV, other times we get perfect re- ception. This is Channel 3 that is mostly affected and at times on Channel 8 which is our strongest. Any time that Mr. Bartra iS broadcasting or whatever, this is when we get all this inter- ference, the circles and everything. I imagine that if it was due to the sunspots, there would be n~ variation. THE CHAIRMAN: It would be an unusual coincidence, wouldn't it. How do you know when he's broadcasting? FRANK HUSAK: You can hear him speak in his language to whomever ... THE CHAIRMAN: You recognize his voice? FRANK HUSAK: Just as if he was in the room with you. Southold Town Board of Appeals -3- September 15, 1977 THE CHAIRMAN: Comes right over Channel 3 or 8? FRANK HUSAK: Definitely, Channel 3 mostly. He's also claimed that he can bring in any channel that's in the air at the time, he can overpower anything including cablevision. If we had cablevision down there, which we don't have, we'd be out of luck also. THE CHAIRMAN: Is there anyone else who wishes to add anything to what ... MRS BULLOCK: I live on Naugles Drive. I'm going to tell you of an incident why I'm against this. I have a son who's up in Yorktown Heights and he had the same problem. I couldn't call him on the phone when the man was broadcasting, I would hear the con- versation. When they put on their hi-fi, you'd hear him on the hi-fi. You put on the television, you'd hear him on the television. He was a ham operator like Mr. Bartra. They had to take him to court, and that was what he'd put up, a higher antenna. He had to take the antennas down. Finally the man moved because everybody in the area couldn't operate their televisions. I'm only talking from what happened, I was actually there and seen it. That's why I'm against it, I don't want it here, that I have to put up with the same thing. THE CHAIRMAN: Did the court stop him from, order him not to ... MRS. BULLOCK: No, they told him to take down the big antenna ha~d put up, and finally the man moved out. But he had to take the antenna that he'd put up down. Before he'd interfered with every- thing, hi-fi, telephone, and television. ROBERT BERGEN: After he moved you had no troUble? MRS. BULLOCK: No problem, nothing whatsoever. MR. BULLOCK: Before he put up those high towers we had no trouble with television or anything else before that. MRS. BULLOCK: Now we're getting all this interference. MR. BULLOCK: We had television before that and had no problem. I~a~ge~my~erial around, inStead of toward the city to th~ West, I put it-tO Connecticut over to 3~and 8 and I don't g~t that clashing of the stmtion. You get the voice of one and the picture of the other. PETER MAIONE: I have some more signatures here for you. (Mr. Maione submitted petitions against the application from five people.) THE CHAIRMAN: Anyone else wish to speak against this application? Southold Town Board of Appeals -4- September 15, 1977 PETER MAIONE: I'd like to talk about the height of the tower. As I said at the last meeting, the height of the tower will just make them go out further. He'll be knocking out Connecticut, he'll be knocking out Montauk Point, he'll be knocking out everybody. THE CHAIRMAN: Anyone else? HERBERT DRAPE: That tower up there is about 60' high and he also has a round radar screen up there, for what reason I don't know. THE CHAIRMAN: Radar screen? HERBERT DRAPE: It's a round screen lust like Grumman has, I work for Grumman. THE CHAIRMAN: It's not used for broadcasting, is it? HERBERT DRAPE: I don't know what it's used for or why he has it on there in the first place. I get all sorts of interference. GENEVIEVE ROBINSON: I have interference on my TV on Channel 3. JOHN MATHER: I get it on 3 too, on Naugles Drive, Rose Lane. THE CHAIRMAN: You only get it when he's broadcasting? JOHN MATHER: That's right. THE CHAIRMAN: Ail you people are within a few hundred yards? PETER MAIONE: I live right next door to him. I was at the last Board meeting and the sunspots went away. My daughter was watching TV all night, it was beautiful. THE CHAIRMAN~ When you were here. PETER MAIONE: Mr. Bartra was here too. MR. PSICHOGIOS: I live next to Mr. Drape. Up to today, I didn't know what was wrong with my TV. I used to take Channel 3 100% like Channel 8. Lately, sometimes I don't get nothing, blind, and sometimes, probably when he's talking, I have no reception at ail. In the morning, 10:30 in the morning I can't get anything. After an hour, Channel 3 is perfect. Up to today, I didn't know what was wrong, I went running to call out the antenna man to put some kind of different antenna, so maybe that's what it is, I'm not sure. GEORGE STIFTER: A couple of months ago, I had some interference on my TV set. I use a service department in Middle Island. It costs me $25 every time they come out to look at my set. They finally told me that there must be some interference from the Long Island Lighting Company, the transformer may be out of whack. I got in touch with Southold Town Board of Appeals -5- September 15, 1977 Long Island Lighting and told them about the transformer in our area, that it must be out of whack because we're getting a lot of interference on our television. So they said, "We'll look into it, take somebody down there and let them look at it." The~ they advised me there's nothing wrong with the transformer. In the meantime, my television set is down in Richards for two weeks. They looked over the set entirely, it cost me $85 for having them look at that. They came back and said, "There's nothing wrong with your set, there must be some interference in your neighborhood." We didn't know anything about this tower this man has here. THE CHAIRMAN: How far away are you? GEORGE STIFTER: I'm about maybe a quarter of a mile. We have a booster on our TV set, we have a directional finder so we can go all over, I get every station, even Channel 9 I get, and last night and the night before I was looking at the Yankees and damn it if this thing didn't come in and kill out just at the right time when the guy was hitting a single and the Yankees scored a run. THE CHAIRMAN: Channel 11. GEORGE STIFFER: Channel 11, that's right. I also get it on Channel 10. Last night was the same thing, but fortunately I saw the end of the game. But during the interim, there was a lot of this stuff (indicating with his hand) going all over the screen. There's nothing in our area, there's nobody with any electric ap- pliances that are interferinH with my television set. Never did before, but now I'm getting ~hem, so this must be something wrong w~th this guy and his antenna and his tower-. It looks like he has a radar screen on it now, I don't know what that's for. I have no idea What the whole thinH is for anyway, only to make life miserable for the people paying their taxes in our area. That's all I have to say. THE CHAIRMAN: Anyone else? Mr. Bartra, is there anything you'd like to say? ~USTAV BARTRA: Yes, sir. I'm glad that they are all here, that will give me an opportunity to talk to you and I'm almost sure I~m qoing to prove to you that I'm a decent citizen. The least that I want to do is to do anything that will harm you. Several of these entlem~n are claiming that I was operating my radios during the last ew daYs and I was knocking Gut a few stations, unfortunately} they are basing all their assumptions that I'm creating the interference going by a letter that was sent a couple of weeks back claiming that I was doing this. I would like to take the opportunity to prove conclusively that ~'m not creating TV interference. In the first place, I would like to ask a few persons present in the audience when was the last time you had interference. As I heard here~ you had it only yesterday. I think you will all agree that is happens sporadically during the day and at night. Sometimes it get much worse. I have some newspaper articles that were published last Southold Town Board of Appeals -6- September 15, 1977 month explaining the cause of this interference. I can give a copy to each of you. Further, I can prove that I have sold my radios four months ago and the gentleman who bought my radios is present in the audience. THE CHAI~V~N: Excuse me just a moment. You sold your radios, what does that mean. You mean the ham radios? GUSTAV BARTRA: I have no ham radio equipment in my house at this moment. THE CHAIRS~N; And you haven't used it for four months? GUSTAV BARTRA: Since a year ago, I've been planning on purchasing better equipment and I had the opportunity of getting rid of my sets four months ago. THE CHAIrmAN: How many sets did you have, more than one? GUSTAV BARTRA: A ham radio system is comprised of a trans- mitter, a receiver, and an amplifier. I sold the receiver and the amplifier, no, the transmitter. THE CHAIRM~N: You have no transmitter in your house or on your property, is that correct? GUSTAV BARTRA: That's correct. Furthermore, the senior citizens here should know that I'm the only linkage they have with the outside world in case we are striken by a natural disaster. I have a generator, I can communicate any of them with their relatives any~nere in the country. THE CHAI~L~N: How can you do it without a set? GUSTAV BARTRA: I sold my radios, your honor. THE CHAi~4AN: Just Chairman. GUSTAV BARTRA: I was considering selling my sets a year ago and buying something better~ more sophisticated, We are limited in power by the FCC. The person who bought my sets is here. If we were to lose telephone and power communications, I would be the only one in the area to be able to communicate with your loved ones any- where in the country, like I have done before during earthquakes in the affected areas of Peru and ~uatemala, even though I hope it never happens. MRS. BULLOCK: Who cares? I was born here, i don't want nothing over there. GUSTAV BARTRA: I'm an American citizen too~ lady. Southo!d Town Board of Appeals -7- September 15, 1977 THE CP~AIRF~N: Hold it down. GUSTAV BARTRA: Even though I hope it never happens, with winters as severe as the last one we had, we stand a good chance of someday I'm be able to help some of them and I'll be very glad to help you regardless of what you think of me now. THE CHAIRMAN: Thank you. Could I hear from the gentleman to whom you sold the equipment. PHILIP ANDREWS: I'm also an amateur radio operator, too. I can give you the label~ the seriel number, brand and so forth. THE CHAIrmAN: Where do you live? PHILIP ANDREWS: Cutchogue. THE CEAI~AN: Are you using this equipment'that he sold you? PHILIP ANDREWS: Yes~ I do. THE CHAIR~;~N: Then maybe you're the source of the ... PHILIP ANDPJE~WS: Impossible, totally impossible JO~N M2~THER: It's only five miles away~ you can go to Europe with it. PETER~MAIONE: First he's going to Guatemala with it~ now five miles away it's impossible. PHILIP ANDREWS: The only thinq I can say to the people here now is that it's going to be with t~e FCC and the person involved. in other words, the FCC will then come up and make a check on it to find out what his problem is, whether he is interfering, which he hasn't been interfering in the past. One thing that they're losing persPective on is CB. Much as I hate to say it, your citizens band radfos are all over and they are the big cause of it, they're a tremendous cause of it. THE CHAIRM~N: You think this could be a local CB station? PHILIP ~NDREWS: I'll bet you, I don't know for sure, but I assure you that there must be at least 30 in that area, or more. They're on constantly. I think that there is one gentleman here who said it happened at 10:30 yesterday or this morning at 9:30, I think. Mr. Bartra does have a business and i'm sure he doesn't sit at the thing all day. THE CHAI~4AN: What is the apparatus he has that looks like a radar screen/on his tower? Southold Town Board of Appeals -8- September 15, 1977 GUSTAV BARTRA: That is what we would call a UHF antenna. It picks up channels 13 to 84 from New York City. It's just a receiving antenna for television° THE CHAIRMAN: It's your opinion then, Mr. Andrews, that this interference they've been getting lately in the last few days, this gentleman was watching the Yankees the other night and lost recep- tion, that coutd come from ~a CB set? PHILIP ANDREWS: It could have. It could come from any numerous sources. THE CF_AI~4AN: Or from your set, were you using your set the other night? How do you explain the fact that these people blank out every so often? PHILIP ANDREWS: With TV, what you have is, there's two or three stations will try to come in and they'll overlap each other. Then if there is direct TVI interference, it will black the whole TV set out, put lines across it, or whatever. THE CHAI~4AN: The only experience we've had with the FCC is in connection with a fellow who wanted to establish an FM station here in Southold. It was going to be placed in a resi- dential area. The Building Inspector scared him away, i guess, and told him that we didn't want an FM station in a residential area° The concern of the FCC seemed to be a series of inter- cepting circles, in other words, if you take the FM stations in ... they apparently try not to ha~e any overlap. P~ILIP ANDREWS: That's right, it's the coverage they go on. THE CHAIRF~N: Would you have the same problem with ham radio stations? PHILIP ANDREWS: No, because, indirectly, with a ham ~adio you're workin~ with the short wave and you're not patterned. As a matter of fact, on some of the frequencies that Gus operates on, you won't even hear him because he would skip the overlay. THE CHAIRMAN: Anyone else wish to sayanything? What I propose to do is to find out what the Board's ..o HERBERT DRAPE: What's this gentleman's name who got up to speak? THE CHAI~iAN: Philip Andrews. HERBERT DRAPE: That's from Cutchogue, right? PHILIP ANDREWS: Yes. THE CHAI~WiAN: What I think the Board should do is determine just what our powers are in this r~gard and come back to you, hopefully at the next meeting, with an answer which is within our Southold To~n Board of Appeals -9- September 15, 1977 powers. I don't thihk~that we can prohibit him from having a ham radio station, this Board can't. The only thing we can do is hold down his aeriel height and we were trying to establish whether the height made a lot of difference in your local difficulties. I think that probably you'll have to go to court if he's doing some- thing that can be established as causing interference, you'll probably have to go to court like this lady said happened in York- town Heights. It's probably beyond our powers. GRACE STIFTER: If he did give the date that he sold his entire equipment, I missed it. What was it? THE CHAI~4AN: Four months ago, he said. FRANK HUSAK: I'll challenge that. THE CHAIR~N: This is the wrong forum. FRANK HUSAK: I've had interference. THE CHAIRMAN: You've had interfersnce continuously? FRANK HUSAK: Right along. In fact, I called the gentleman to the effect because these so-called CB~s don't talki~in a foreign language. I called him because we've had that trouble before and I asked him personally was he broadcasting and he said, "Why, who is this calling?" I told him who was calling and he said ~'Just a'moment, I'll call you back later." I was watching the Grand Prix in France, I was watching the race, it was on a Sunday after- noon. The thing was ready to jump out of the door, that's how much interference there was. You could hear him just like he was in the room. When I called him I asked if he was broadcasting and he said, "Who's this calling?" Never mind who's calting~ I said~ "~re you broadcasting? This is Frank Husak." He said, "Yeah, just a moment, you got trouble?" He called me about 15 minutes later and said he was over-polarized or something to that effect. THE CHAIRMAN: The Grand P~ix was within the last month or two~ wasn't i~? How do you explain that, Mr. Bartra, were you broadcasting at that time? GUST~V BARTRA: That happened around four months ago, didn't it Mr. Husak? FRANK HUSAK: The French Grand Prix, I~ll say a couple of months ago. It's not four months ago. THE CHAIR~4AN: I remember watching it myself. GUSTAV BARTRA: I'm ready to present the check with the date that I got from Mr. Andrews. THE CHAIR~N: I don't think that'll help us any. The check doesn't mean anything. Southold Town Board of Appeals -10- September 15, 1977 FRANK HUSAK: In the meantime, shouldn't those towers be taken down to the requirement of 18' regardless of how the FCC rules? The To~ ordinance only allows 18' THE CHAIP~4AN: That's right, but all over Town we have permitted in certain sections where people indicated they had difficulty in getting televisionsr~ception, we have permitted higher towers. FRANK HUSAK: I just have mine off the chimney and until this thing come along I could never complain about my reception. THE CPLAI~V~AN: I think that probably if Mr. Bartra had come to us originally we would have permitted a high antenna but generally in the rear or side yard rather than the front yard. CHARLES GRIGONIS, JR.: Yes, but we've been permitting receiving ant~nas not transmitting antennas. THE CHAIrmAN: That's true. That's why we're trying to get some information from the FCC about the height of the transmitting tower. We've got a lot more to do tonight and I'm quite sure that I can't solve it and the rest of the Board can't solve it tonight so we're going to recess this. There's no way we can make him take down his antenna and I don't think the antenna, the receiving antenna, is what's causing your trouble. I think that when we try to solve this we should try to do it properly and in fairness to Mr. Bartra as well as the rest of you rather than just order him to take the towers down. I think we will, finally, have to ask him to put the towers in the rear yard, whatever height they are. FRANK HUSAK: The proof is in the pudding. None of us people had any problems prior to the time that these towers were erected. If this thing should drag out for the next year or two or who knows ho~ long we have to put up with this. THE CHAI~4AN: I promise you we'll have a decision next time. Mr. Bergen has an interesting suggestion here that we might learn something from. Go ahead. ROBERT BERGEN: I suggest that he doesn't use his broadcasting radio from now until the next hearing. SERGE DOYEN, JR.: He hasn't got one, how can he use it? THE CHAIRM, AN: Mr. Andrews is the one you'd have to ask. ROBERT BERGEN: And find out what the results are then. if he doesn't have one, it shouldn't interfere with these people. GUSTAV BARTRA: I can even promise not to use it for a full year if that's what will make them happy. THE CHAIRMAN: But you don't have one, you don't have to promise anything. Unless you've been kidding us. $outhold Town Board of Appeals -11- September 15, 1977 GUSTAV BARTRA: According to the newspaper~ believe me, you are going to have this problem for at least a year or two. Sun- spots show up every ~11 years. MR. BULLOCK: How come we had this before we had the sunspots? THE CHAIRM~uN: Do sunspots affect Cable? GUSTAV BARTRA: Yes, it's affecting Cablevision. THE CHAIRMAN: I haven't had any difficulties. ROBERT BERGEN: Speaking of sunspots, does that bother it at night as well as day? GUSTAV BARTRA: Yes. There is a phenomenon called Aurora Borealis which appears only at night and is due to sunspots. The earth is surrounded by an electromagnetic field which is subjected to sunspots. MR. BULLOCK: Does that make your voice go over to someplace else? GUSTAV BARTRA: I'm not denying that a radio station or a CB station will never interfere, it could interfere if you do something wrong. But if you are decent enoughcand responsible, you should do what I did with my neighbors° I went around and I told them, "I'm a ham radio amateur. If you ever hear me or you are definitely sure that I'm interfering, please call me." MRS BULLOCK: Ail right, Mr. Bartra, what will you do? GUSTAV BARTRA: Stop transmitting completely or stop it and find out the problem. THE CHAIRMAN: Ail right, you say stop transmitting, but you haven~ got a set. GUSTAV BARTRA: I told you, I sold my sets. THE CHAIrmAN: What do you mean when you say "stop transmitting entirely?" GUSTAV BARTRA: If I had all of these complaints, if I had the radio, I would stop transmitting completely. THE CHAI~N: When was the last time you transmitted anything on a ham radio out of your house? GUSTAV BARTRA: Just before I sold Mr. Andrews the radio. THE CHAIRMAN: Which was what date? Southold Town Board of Appeals -12- September 15, 1977 GUSTAV BARTRA: I don~t remember exactly the date. I would have to take a look at the check. It was probably anywhere from three to four months ago. PHILIP ANDREWS: A good three months ago. MRS. BULLQCK: And you haven't talked to your mother since then? THE CHAIRMAN:- GUSTAV BARTRA: THE CHAIRI~AN: GUSTAV BARTRA: You haven'St talked to anybody since then? No, sir. 'On shortwave or ham radio or CB? No. THE CHAIRMAN: What have you got in your house, just television? GUSTAV BARTRA: Right now I've got the television receiving antennas, and the two ham radio antennas which are doing nothing. THE 'CHAIR~N: You swear that is the truth? GUSTAV BARTRA: That's the truth, sir. CHARLES GRIGONIS, JR.: I know you can get interference from CB's. The place I work at, we get an FM radio station, there's speakers all over the building. Certain CB's, when they come within 200' of that building, they cut the FM right out and the voice comes in just as clear as mire is right here. They don't all do it, it's certain ones. Mike Jacobi has one and any time he's coming down that road, we know he's coming. GRACE STIFTER: If Mr. Bartra no longer has any of these things that we feel had caused the disturbance, then he is vindicated. Now, is there any way that you can ever find out in the immediate future, Mr. Andrews now has his thing going, are the people in Cutchogue going to be harassed? PHILIP ANDREWS: I'd like to make the s~gestion that notification of the FCC be made in this in reference to radiation interference and have them go ahead and inspect his premises. It's a known fact that five miles away is not affected, the~ im- mediate area of 100', 200' or a quarter of a mile, I would say yes. I would suggest that if they have a legitimate complaint that they correspond with the FCC in reference to such and have everything checked out. PETER MAIONE: How far do you transmit? PHILIP ANDREWS: I can transmit around the world. PETER MAIONE: I close my case. $outhold Town Board of Appeals -13- September 15, 1977 PHILIP ANDREWS: It's impossible for me to explain to you that when you talk about radiation interference ... MR. BULLOCK: When you hear my voice ... my son took a tape recorder and took it to court and showed that it came through the hi-fi and the television, telephone. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the public hearing upon application of Gus%ay Bartra, Appeal No. 2312, be RECESSED to October 13, 1977, at 8:00 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2308 - 8:15 P.M. (E.D.S.T.) Recessed hearing upon application of Helmut Hass, Middle Road, Peconic, New York for a variance in aecordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the New York State Building Code and Housing Code for approval of building built in violation of the Building and Housing Codes. Location of property: East side Beveraly Road (Pvt. Rd.), Southold, New York, bounded on the north and west by now or formerly I. Meissnest; east by V. Ruch East.; south by Mill Creek. THE CHAIrmAN: This was recessed until 7:40, I'm sorry we're so late. I think we indicated to you (Stanley Corwin) what our decision would be on 92308 and I believe that you then asked us to recess the hearing until tonight. The new application would be heard with this one. I don't think our decision is going to be any different. I'll read the new application. Appeal No. 2333 - 8:17 P.M. (E.D.S~T.) - upon application of Helmut Hass, Middle Road, Peconic, New York for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to connect accessory building to main structure causing insufficient side yard setback. Location of property: East side Beverly Road (Pvt. Rd.), Southold, New York, bounded on the north and west by now or formerly I. Meissnest; east by V. Ruch Est.; south by Mill Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its P~bt~cation in the official newspapers, notice to the appli- cant, and disapproval from the Building InspectOr. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Valentine Ruch Est.; Mr. and Mrs. George Santis; trenen Meissnest. Fee paid $15.00. THE CHAIRMAN: The application for a building permit has a note on the back of it, "See attached survey.~ The survey shows a one and one-half story framed house and garage which are connected. Southold Town Board of Appeals -14- September 15, 1977 That survey presently reflects the current structure. However, the Building Inspector has declined to award a Certificate of Occupancy. The application now presented is to Construct a breezeway between the garage and the dwelling which will consist of the existing roof over the existing breezeway and be constructed by the elimination by removal of the existing side walls and re-enforcing the beams to carry the roof from the garage structure to the dwelling structure. The present roof consists of rafters between the two structures with 2 x 8s, sixteen inches apart on center, covered with 1/2 inch ~heathing, 30# felt and 50~ felt, a built-up roof with a 3-inch pitch from side to side. The purpose of the roof is to provide s~ome shelter between the dwelling and the garage and to carry the electrical service from the garage where the in-service is located to the dwelling. The dwelling is heated by electrical current. Reference is respectfully made to the previous applications for the construction of structures on the premises. *There may be disagreement about the effect of the proposed con- struction on the zoning law. It is the applicant's belief that in the opinion of the Building Inspector the construction does violate the zoning law." This application is to be taken in conjunction with the application which was originally heard about two meetings ago where the applicant was denied a Certificate of Occupancy because he failed to follow the original building pgrmit application. I think that along with this application we read a supplementary statement which was designed to alleviate defence. Is there anyone present who wishes to speak for the application concerning the breezeway? STANLEY CORWIN, ESQ.: I'm the legal representative of the applicant. I should like to address Dayself preliminarily to the original application. I appreciate that the Board adjourned that on a couple of occasions. One of the reasons that we had for that was to afford ourselves an opportunity to try to buy some adjoining property which would have enabled us to avoid this. While our neighbors said, "we don't have any objection to the closeness of the thing, if you want to buy our property it's for sale for X number of dollars," and the price was a little rediculously high, so %~e didn't pursue it. I'm not going to withdraw that application because I wiSh ... THE CHAIrmAN: Which one? STANLEY CORWIN, ESQ.: The first one, although you've indicated to me what your decision is with respect to it, I~just wa~nt to preserve my client's legal rights, and now I'd like to ad~ress mySelf to the second one. Preliminarily, I'm a little bit aPPalled to hear the Chairman suggest to me that the determination is going to be the same before we've conducted the hearing. Tha~ seems a little bit like a prejudgment. ROBERT BERGEN: That is on the first hearing. Southold Town Board of Appeals -15- September 15, 1977 STANLEY CORWIN, ESQ.: Oh, I thought he was referring to the second one. THE CHAI~kAN: No. I think that it's been indicated to you our position as far as the adjourned hearing. I think as a result of the indication of our position, you made the second application. STANLEY CORWIN, ESQ.: Let me suggest that what we're really doing here is asking the Board to grant the kind of a variance that is quite different from the first one, aside from the method which we would arrive at the final result. Ordinarily, when you come in and you ask to put a breezeway between a couple of houses, you're going to construct something and in this case we're going to de- struct something, but the end result is going to be the same. THE C~LAI~V~N: You're going to destruct something that you were not given permission to construct. STANLEY CORWIN, ESQ.: I could spend a lot of money and tear the whole thing down and then come in here and make an application, and if you granted it, then I'd feel like a damn fool for not trying it this way. THE CHAIR~DAN: Agreed. STANLEY COR~IN, ESQ.: We're talking about the Zoning Ordinance and we're talking about the police power and the health, safety, and welfare'of the psople, as you can see from the demonstration we had here earlier this evening, that when their welfare is bothered ~they're here to holler about it. There's nobody here now in connection with this application and nobody's really going to be adversely affected so far as heal.th, safety, and welfare is concerned. THE CHAiRM3~N: I think the Ruches have appeared twice. STANLEY CORWIN, ESQ.: They didn't indicate any serious adversary position with respect to What Hass has gOt, SS applying think he could do or whether he leaves the roo~ that's there now to give him a little shelter to carry his electrical conduit from there, it's pretty much the same thing. I think this is really a situation where this Board should exercise it,s discretion and grant this variance. I don't think I can add anything to that, you're probably more familiar with it by now than I am. I'm heue to answer some questions if I can. THE CHAI~iAN: We had some testimony volunteered at the last meeting, I don't know whether you heard it or not, did you~hear it? STANLEY CORWIN, ESQ.: No, I wasn't here~ Southold Town Board of Appeals -16- September 15, 1977 THE CHAIRMAN: On my motion, the hearing was recessed until tonight. "After the hearing was closed, Irene Meissnest Miller asked if she could speak with regard to the Hass hearing as she will not be able to attend the September 15th meeting." (The Chairman read the conversation between the Board and Mrs. Miller from the minutes of August 25, 1977.) STANLEY CORWIN, ESQ.: Can I make some observations with respect to Mrs. Meissnest's testimony, it sounds like testimony but I can assure you it's not, it's not sworn to. I know Irene, she's got something for Dutch pretty much the way that Buttons has. THE CHAIP~LAN.~ What was that? STANLEY CORWIN, ESQ.: She's got something going for Dutch t~e sane way that Buttons has, and I think you understand my language. That's perfectly all right for her to come here and say that. If she wants to make that kind of a statement before the Board and if you want to believe it, that's your prerogative. But there isn't a word of truth. You are welcome, you fix the time, you told me once before you had difficulty seeing in or getting in, you're welcome to come and look the place over from top to bottom. With respect~to the kitchen facilities in the back of the garage, there's a little sink-stove combination there and there's a toilet. THE C~LAIR~N: This is the garage that's attached presently, part of the house. STANLEY CORWIN, ESQ.: That's right. There's a.shower in there, people can come in from bathing without getting a Lot of wet stuff all over the house upstairs which is carpeted throUGhout. They can come in there and have a drink and make something on-the st~ve and have a good time. Now, when somebody objects to that, they're objecting to somebody's life sty!~, but that does not make it a two-family house. I don't think it's anybody's business what somebody's life style is. There are not three sto~es in that house and there never were. When Irene says it, I tell you and I'm representing this to you as an officer of the court, there's not a word of truth in it and you're welcome to come there any time, you p~ck the t~me, we'll be there to let you in. THE CHAIRMAN: I think what she said was that he has 9penings in the floor upstairs in the main part of the house so that a third kitchen could be added. STANLEY CORWIN, ESQ.: That's not so. Come on in and take a look at it. THE CHAIRMAN: Well, you've responded to that part of it. Is there anything else that you'd tike to add. Southold Town Board of Appeals -17- September 15, 1977 STANLEY CORWIN, ESQ.: I don't think there's anything other than that tO which I can make a response. We're not asking for a three-family house and if there's three families in there and she doesn"t like it, she should be the first one to go to the Building Inspector to not let them live there. We're not trying to do something behind somebody's back. THE CHAI~4A/~: Can you tell me why he didn't follow what he was permitted to do, the building application. STANLEY CORWIN, ESQ.: Dutch is an extemporaneous artist when it comes to putting buildings together. He didn't make the application, his son-in-law did. It was a lack of communication between them and Dutch thought he had a permit to put it up there. THE CHAIRMAN: He is also quite obstinate at times. STANLEY CORWIN, ESQ.: I agree. THE CHAI~;~N: Anything else? Any questions of Mr. Corwin? (There was no response.) STA~NLEY CORWIN, ESQ.: We're really talking about the merits of a variance which is nothing more than putting a breezeway, a small one ... THE CHAIRMAN: On the merits, it apparently makes a big difference to the zoning procedure whether a garage is attached or not attached. It has the effect, if it's attached, of lengthening the original house and this is a very small lot, I've forgotten what it was, about 9,000 sq. ft., it's pre-existing the Zoning Ordinance, very small. That tends to cut off the amenity of open space if you connect it with a solid breezeway. Those, i think, are the considerations that the Board would be concerned with. STA~LEY CORWIN, ESQ.: That's the way it should be, but I find it hard to believe that this kind of thing is something that shouldn't be granted. THE CHAIrmAN: It's a small lot, I think it would make quite a2~lOt of difference if the lot were normal size. In'fact, the procedure frequently is to attach the garage to the house. STANLEY CORWIN, ESQ.: You have a judgmental decision to make and I certainly urge you to make the one that would grant the application. THE CHAI~%LAN: I will offer a resolution denying application number, this application from Helmut Hass for a Appeal No. 2333 where the applicant has asked for permission for a breezeway connection. The effect of permitting this breezeway connection is Southold Town Board of Appeals -18- September 15, 1977 to place the applicant's house within 3', 3.7' at its closest corner on the northeast corner of the lot and creates a solid structure from that point to what appears to be a distance of-15' or 20' from ordinary high water mark on the south on Arshamomaque Pond°thereby connecting the two structures. The effect of this is to diminish the movement of air from the prevailing southwesterly direction to the adjoining properties to the north and east. One northerly property is already developed. It also is particularly objectionable because the pre-existing, non-conforming lot is unusually small con- sisting of approximately 130' plus or minus by a width of 74.5' at the high water mark and approximately the same distance or less on the northerly boundary. The lot adjoins a vacant lot presently to the west over which it has a right-of-way of 20' and would further compound the difficulties o~ obtaining or securing What little open space is left for a proper residence on the adjoining lot as well as affecting the breeze and general outlook of the lot to the east, which is presently also undeveloped in.~the Valehtlne Ruch Estate. STANLEY CORWIN, ESQ.: Mr. Chairman, i rehlize that you're making a motion and giving the reasons for it, but I wonder if before the Board votes on it, i could have an opportunity to make an observation~on your observation. You talk about the size of the lot and I want you to remember that whole area in there was developed a iongc~ime ago when that kind of lot was a common thing. I don't know whether this Board had a crack at it at any point, I think maybe they did. THE CHAIRMAN: No. STANLEY CORWIN, ESQ.: The fact of the matter is that we're dealing here with a bunch of buildings that are used only for the summer, this isn't some all-year-round thing. THE CHAI~: I think that the adjoining property to the northwest, th~/guy's going to live there the year round. There's quite a few~of them that are being occupied the year round. isn,t going to have any effect on the flow of the air in ~hat area. I hope that the rest of the Board isn't going to be persuaded by your observation and argument that that's the case because it really isn't. I should hope that the Board would not buy that, I just don't think it's a valid argument. I wish that you, Mr. Chairman, would reconsider it yourself. I think that we're going off in the wrong direction here, there have been much more serious situations where variances have been granted. OK, thank you very much. Southold Town Board of Appeals -19- September 15, 1977 THE CHAIRMAN: It seems to me to round up this situation, we have to act on the other one too, don't we? STANLEY CORWIN, ESQ.: I thought you were talking about the first one when you made your motion. THE CHAIRMAN: I was talking about the application for a breezeway when I made the motion. This other one involved kitchens and so forth. STANLEY CORWIN, ESQ.: I hope we're talking about the same thing but I seem to have some doubt. THE CHAIRMAN: We're talking about the breezeway. That's the one we just talked about, right? The second application. STANLEY CORWIN, ESQ.: Right. THE CHAIRMAN: The first application was to leave the whole thing the way it is, right? "Attached garage, kitchen unit, attached to main house without approval, main house attached to garage without approval, second floor added without approvalt does not meet housing code o5 building code, violation of the Zoning Ordinance, Chapter 100-30 and Bulk Schedule, violation of New York State Building Code, violation of Southold Town Housing Code." STANLEY CORWIN, ESQ.: Mr. Chairman, you indicated to me that those factors were not the concern of this Board. I agree that that is the case. THE CHAIRMAN: Some of them are. When he makes a notice of disapproval, he doesn't list just the things ~that we're concerned with, I just read everything that was on the page. What we are concerned with is the garage attached to the main house, the alleged kitchen unit in the garage, and the construction of a second floor without approval. STANLEY CORWIN, ESQ.: I said to Mr. Terry, in just so many words, if we tear down the structure between the garage and the house, will you give me a permit for a one-family d~e~ting without me doing anything else, and he said, "Of course, yes I will. You don't have to take out the unit in the back of the g.arage. You can have running water and cook a hamburger without g6.i~g ~the main part of the house." THE CHAIRMAN: He said that? STANLEY CORWIN, ESQ.: Yes, he said that, he knows that it's not a dwelling unit. THE CHAIRMAN: That's not the way we define it here. We had the same thing go to the Appellate Division, a judge disputed it. He had improved a garage and put beds in it and one of these kitchen units, and couldn't understand why we considered it a two-family Southold Town Board of Appeals -20~ September 15, 1977 residence. This was taken up to the Appellate Division and, as I understand it, they confirmed us all the way. It seems to me that this is not qui~e the same thing because this is attached to the house, that other one was a separate garage. ROBERT BERGEN: That's right, but we considered it two residences on one parcel. STANLEY CORWIN, ESQ.: I~m not interested in going to the Appellate Division on this thing. But what I'm saying is you're talking about somebody's life style just like you were when they wouldn't let the fellow bring his airplane into Peconic. I said to you that if some fellow was able to fly a plane so that he could comply with all the FCC regulations there isn't any reason in the world why he shouldn't be permitted to come in out of the sky and land there. Everybody said, "Well, there's an Ordinance." I think that kind of Ordinance is pure stupidity, I didn't have any vote about making it, but that's what I think and I'm per- fectly willing to stand up and be counted and be heard to say that. THE CHAIRMAN: This is also, as I understand it, my recol- lection of the definition that the State had is anyplace that is regularly used by an aircraft landing and taking off is an air- port. STANLEY CORWIN, ESQ.: If that was a definition, that's a lot of semantic nonsense. THE CHAIRMAN: Well, who can define an airport, can you? Because the subject's coming up again. STANLEY CORWIN, ESQ.: Well, whether somebody wants to put a carpet on the 'second floor, that seems to offend the Building Inspector. THE CHAIRMAN: It's far more than the carpet, it had to do with the structure of the knee walls and so forth. STANLEY CORWIN, ESQ.: If he's telling you the same thing that he's telling me, he said to me, "I'll give you a permit for a one family house." THE CHAIRMAN: After you take out the second floor partitions. STANLEY CORWIN, ESQ.: No, he didn't say that. After I take down the structure between the garage and the dwelling. THE CHAIRMAN: That would completely remove the breezeway, and remove the kitchen assembly in the garage. STANLEY CORWIN, ESQ.: No, he didn't say that. That's a separate subject. $outhold Town Board of Appeals -21- September 15, 1977 After investigation and inspection, the Board finds that the applicant requests ~pproval of building built in violation of the Building a~d Housing Codes, east side Beverly Road (Pvt. Rd.), Southold, New York. The findings of the Board are that the appli- cant has a self-imposed hardship. Mr. Hass failed to adhere to the building permit application in the following respects: Garage unit attached to main house without approval; second floor added to main house without approval; illegal kitchen unit was placed in garage. (Appeal No. 2308) 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, Helmut Hess, Middle Road, Pe~Onic, New York, be DENIED approval of building built in violation of the Zoning, Building, and Housing Codes, east side Beverly Road (Pgt. Rd.), Southold, New York, as applied for. The second floor partitions must be taken out of the main part of this structure leaving only enoug~s~pport for the ridge. The balance of the house must meet Building and Housing Code requirements including the doors and windows. The breezeway, including the roof, must be completely removed, and the kitchen unit in the garage must be removed. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, ~rigonis, Doyen. Board 2333 inves~ the York. breezeway at itsi clo~sest poin~ a of or 20' ance to the south. The effect of this is air from the prevailing southwesterly dire olning properties to the north and east which wouf the difficulties of obtaining or securing what .e open space is left for a proper residence on the adjoining lot as well as af- fecting the breeze and general outlook of the 10t to the east. Also, the subject premises is a pre-existing, non-conforming lot which is unusually small, approximately 130''+ by 74.5' Town Board of Appeals -22- September 15, 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- ac~er of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Helmut Hass, Middle Road, Peconic, New York, be DENIED permission to connect accessory building to main~structure causing insufficient side yard setback, east side Beverly Road, Southold, New York. Vote 6~ the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. P~BLIC HEARING: Appeal No. 2329 - 8:50 P.M. (E.D.S.T.) upon ~plication of James G. Nekerman, New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A and Bulk Schedule for per~iDsion to use for dwelling purposes a building with less than minimu~ floor area. Location of?property: west side New Suffolk Road, New Suffolk, New York, bounded on the north by Turcic; east by New Suffolk Road; south by S. White; west by K. Wag~enhoffer. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication ink,he official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Anthony Turcic; Sam White; Katy Waggenhoffer. Fee paid - $15.00. THE CHAI~: The building, according to ~he got here, the main building on this lot is on New and iS occupied by a prope~isr works. It's a one-st building. In '~ what is designated h~re as a garage, AUgust 21, 19 rvey by Van Tuyl. ~his is in a "B-l" z0ne~ Is there anyone present who wishes to speak for this application? JAMES G. NEKERMAN: This building was there and it was falling apart when I bought this place. I rebuilt the whote darn thing planning on making a place for my mother, whO's 85 years old. You know, you can't throw two women in one house. I figured it's only a quarter of a mile from where I live an~ then I have my business in front, and I f~gured I could s~op by and take a look in on her each day. I didn't realize I was doing anything wrong. Southold Town Board of Appeals -23- September 15, 1977 THE CHAIRMAN: I'm not really sure that you have. There's always something new in this business. I've discussed this with the Town Attorney, I explained the circumstances to him, and one of the things that I wasn't able to explain was exactly when you'd bought it. I told him about four years ago, is that correct? JAMES NEKERMAN: I bought it in October, 1973. THE CHAIRMAN: As I understand it, the original purpose of this structure on the southwest corner of your lot which, incidentally, the lot is 101' on the street by 148' deep. The original structure of the garage was, you thought, used for a school bUs? JAMES NEKERMAN: From what I understand, I don't really know, but from what I understand it was for the Presbyterian Church school buses, a big long garage. THE CHAIRMAN: The dimension of the building was 11-1/2 ... JAMES NEKERMAN: I think it's 11-1/2' by 31' sure, it's there on the survey, I think. I'm really not THE CHAIRMAN: And after this use discontinued for the bus, the previous owner of the garage business, were you able to find out whom he housed out there? JAMES NEKERMAN: I don't really know. he had a man live there for a few years. or early '50's. From what I understand, This was in the 1940's THE CHAIRMAN: So that when this, when he improved that enough so the man could live in it, he was, in effect, this is the point that counsel made, he was in effect upgrading the business use on the proper~y by creating a residential use on that portion of the prop- erty. When zoning came into effect, you had a non-conforming use established prior to zoning on a business property. I think that if it's agreeable with you and if there's nobody who wishes to object to this, does anybody wish to object to this~use of the property? Mr. Nekerman's mother, now in Florida~ JAMES NEKERMAN: Yes. THE CHAIRMAN: You hope to have her up here through the winter? JAMES NEKERMAN: I hope to get her up any time now. THE CHAIRMAN: Perhaps this Board should, this is just a suggestion, permit this use to continue, this non-conforming use, for one individual and require that any time more than one person occupies the building that it Will have to conform to the m~nimum floor area presently in the Ordinance, which is 850 sq. ft. I don't know wh~t the rest of the Board feels. Southotd Town Board of Appeals -24- September 15, 1977 CHARLES GRIGONIS, JR.: I feel it should Bob, it's pre-existed for a long time. It's not changing the character of the area, in fact, it's improving the appearance of the building. ROBERT BERGEN: It's not in a residential area either, it's in a business zone. THE CHAIRMAN: It's business zoned, although I think you have residences all around you, right? Is there anyone who would object to that sort of a solution to this? (There was no response.) I think that a condition should be that this be limited to one person because if you had two people in an 850 sq. ft. house, this is approximately what each person would have. If you,at some time in the future, want to enlarge it to 850 sq. ft., that would be something you'd have to come in on and could do. You would then be making a~non-conforming use conforming. You'd have to get a building permit. After investigation and inspection, the Board finds that the applicant requests permission to use for dwelling ~urposes a building with less than minimum floor area, west side iNew Suffolk Road, Mew Suffolk, New York. The findings of the BOard are that this residential unit was in existence prior to the passage of the Zoning Ordinance and became a non-conforming use on a bDsiness zoned piece of property at the time the Ordinance came into existence. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared ~by all properties alike in the immediate vicinity of this property and an the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVE~, James G. Nekerman, New Suffolk Road, New Suffolk, New Y~k, be GPJ~TED permission to use for dwelling purposes a building with less than minimum floor area, west side New Suffolk Road, New Suff~Ik~ New York, as applied for, subject to the fol- lowinq condition: The use of this residential unit shall be confined to no more than one person. If at any time more than one person occupies the building, it will have to conform to the minimum floor area in the Ordinance. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -25- September 15, 1977 PUBLIC HEARING: Appeal No. 2330 - 9:05 P.M. (E.D.S.T.) upon application of Alice Donenfeld, Main Road, Orient, New York for a variance in accordance with the Zoning O~dinanco, 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: North side Main Road, Orient, Now York, bounded, on the north by Lot 14, Lands End Realty Subdivision; east by Lots 14 and 15, Lands End Realty Subdivision; south by Main Road; west by Woodhollow Properties, Inc. The Chairman opened the hearing by reading the application fo~ a variance, legal notice of hearing, affidavits attesting to its~publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also road statement from~the Town Clerk that notification by certified mail had been made to: George Paro; Mathies Blair; Land's End Realty; Woodhollow Properties, Inc. Fee paid $15.00. THE CHAIRMAN: The property consists, according to the County tax map, of approximately 1-1/2 acres with 180' on Route 25 and a depth, at the westerly line, of 429', on the easterly line, 400' Is there anyone present who wishes to speak for th~s application? ALICE DONENFELD: This is the survey and it's marked what the change would be. It's a flag lot. (Mrs. Donenfeld gave the Board a copy of the survey.) I would like to show you gentlemen_this tax map. I got tired of drawing rod lines. This is my property here, this is the Orient- by-the-Sea subdivision. Most of these lots are substantially under even what I'm talking about on the flag lot. THE CHAIRMAN: There are three size lots in the subdivision. ALICE DONENFELD: Right. These are the little ones, I believe they're 100' by 140' THE CHAIRMAN: That was the original minimum lot requirement. Then it became half-acre and then an acre. ALICE DONENFELD: This is the barn which is the main building on that back lot. (Mrs. Donenfeld showed the Board pictures of the barn and the main house.) What I propose to do is convert the barn into a residonce. There is water on the property, on this section here (on maP), there are five or six ~ell points. TheSe points were used to irrigate'~the field. THE CHAIRMAN: I know there's plenty of water there. Southold Town Board of Appeals -26- September 15, 1977 ALICE DONENFELD: So that is not a problem for this particular area. Did you get the letter from Joe Gazza? I have a copy of it if you need it. THE CHAIRMAN: I don'.t know whether it adds anything or not, but I'll read it. (The Chairman read the September 14, 1977, letter from Joseph Gazza stating he had no objection to the application.) ALICE DONENFELD: I don't feel that there will be any change in the character of the area. I plan to retain the main barn, there are other outbuildings that are wrecks that probably will come down. I'm talking about what's in the photograph, that central main structure. It's reputed to be one of the oldest in Suffolk County. The S~ffolk County Historical Department sent someone over and they looke~ at the way the pegs were put in and the way it was handcut, the beams and so on. They think it was built somewhere around the Beginning of the 1700's. THE CHAIRMAN: You're going to make it into a house? ALICE DONENFELD: That's what I would like to do. I would like, frankly ... THE CHAIRMAN: And then sell it or move into it? ALICE DONENFELD: beautiful water view. the Bay, and Plum Gut. I'd rather move into it. It has a The upstairs has a view of the Sound, THE CHA~RM_AN: For the time being, you don't have a sale for it. ALICE DONE~FELD: No, I'm here first. I believe in first things first~ ~here would be no damage to the p safety and welfare~ ~ a of fact, I think it would probably be an a~ 'e. Coming off the ferry, the. first thing you see is Inn, which is a disaster. You see my house, which I!Ve put quite a bit of time and effort into , next to me iS another wreck. My house and' property on that block ~f the Main Roa~ th~t~s in ~ )e. marina is well maintained so but eise ... The · lem is, the tax burden iS' high and g~ing up every I fix the house. What I would like to do is divide tha~ l~t so there would be two residences s~aring the-tax burden on it. Also, I believe that when I bought it, ik Wasn't one acre zoning. I think at the time I purchased that, there was the possibility of having that split off'without an appeal. I have had no opposition, as a matter of fact, contrary to that, I've had the Gazza letter, which seems to be in favor of it. I have had all my other, one other neighbor c~lled me and I believe that was Mathies Blair, I believe he's the one who called. He asked me what we planned Sou%hold Town Board~'6f Appeala Sept'enuber 15, 1277 on doing and when I explained it to him, he said that he had no objection. I think that's about it. THE CHAIRMAN: Sounds like a good project and I hope you have enough money, it costs a lot to restore an old barn. Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insufficient area and approval of access, north side Main Road, Orient, New York. The findings of the Board are'.bhat the Board is in agree- ment 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 tSis 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, Alice Donenfeld, Main Road, Orient, New York, be GRANTED permissionato set off lot with insufficient area and approval of access, north side Main Road, Orient, New York, as applied for. Vote of the Board: Ayes: Doyen. Messrs: Gillispie, Bergen, Grigonis, PUBLIC Appeal No. 2328 9:120 UP' 0f James McCarthy d/b/a Aut~ Road, New York for a variance in a, ~Article III, Section 100~5 for on to construct addition with in Location of property: south side New York, bounded on the north by Main Road; Bank; south and west by Wilsberg, Mattituck plumbinc ~ng. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits a~es~inig to its publication in the official newspapers, notice to the appli- cant, and disapproval from%~the Building Inspector. The Chairman also read statement from the Town Clerk that notifiCation by certified mail had been made to: Mattituck Plumbing & Heating; Walt Whitman Bank. Fee paid - $15.00. THE CHAIRMAN: This is a proposal to add, I think, 5'. Southold Town Board of Appeals -28- September 15, 1977 ROBERT BERGEN: 5' wide and the length of the building. THE CHAIRMAN: The length of the building on the easterly side of the 'building. ROBERT BERGEN: See Charlie, what he's doing is they have a small garage there in the back. They're going to move that away so they can drive out back and store stuff instead of it being on the highway. They've got to do away with that building in order to get back there, but then he has no place to store his paints and so forth so h~ wants to put a lean-to, more or less, onto the building. THE CHAIRMAN; He said he was going to store most of the paint there. Highly volatile. He's also going to clear up his driveway on the west side of the building and eliminate that building in the rear, a small outbuilding in the rear so that he can use his back yard more readily. Is there anyone present who wishes to speak for this application? (There was no response.) Anyone present wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct addition with insuffi- cient side-yard setback, south 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. Bergen, seconded by Mr. Doyen, it was RESOLVED, James McCarthy d/b/a Auto Paint Shop, MainRoad, MattitUck, ~ewYork~ be GRANTED permission to construct addition with i~snfficient side-yard setback, south side Main Road, Matti- tuck, NeW York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -29- September 15, 1977 PUBLIC HEARING: Appeal No. 2332 - 9:25 P.M. (E.D~S.T.) upon application of Philip and Lottie Barth, 725 Terry Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: South side Terry Lane, Southold, New York, bounded on the north by Terry Lane; east by now or formerly H. Tauben; south by Peconic Bay; west by Southold Park District. 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, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Harold & Sara Tauben; Southold Park District. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application which concerns a small, 10' by 12' I think it was, building which is to be placed in the northeast corner of the applicant's lot. It will be well screened by a very high hedge, the hedge must be 15' high. Is there anyone present who wishes to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) What do they mean when they say there's dwellings on the beach out there, do you know, Charlie? CHAR~ES GRIGONIS, JR.: There's a little space, maybe 3' or 4', then you run into sand, the beach is right there. ROBERT BERGEN: There's a very short distance between the ... it's corrosion, it's cut it down. You walk out of the honse and within 10' you're on the beach. Aft~ tion and inspection, the Board finds that th. permission to construct accessory~building in ~ south side Terry Lane, South01d~ Ne~ ¥0rk. The s of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the would produce practical difficulties or unnecessary the.hardship created is unique and would not be sh~red by a properties alike in the imm~diate vicinity of~his 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. Southold. Town Board of Appeals -30- September 15, 1977 On motion by Mr. Grigonis, seconded ~by Mr. Bergen, it was RESOLVED, ~hilip and Lottie Barth, 725 Terry Lane, SouthOld, New York, be GRANTED permission to construct accessory building in front yard area, south side Terry Lane, Southold, New York, as applied for, subject to the following condition: The accessory building shallbbe no closer than 15' to any property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 233I - 9:30 P.M. (E.D.S.T.) upon application of Edmond Curcuru, 4 Woodhill Road, Weston, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in side and front yard area. Location of property: Basin Road, Southold, New York; Lot 17, Map of Paradise Point. The Chairman opened the hearing by readinq the application for a variance, legal notice of hearing, affidavits attesting tc its publication in the official newspapers, notice to the appli~ cant, and disapproval from the Building Inspector. The H-hairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. William Davis and Mr. Gilman Hallenbeck. Fee paid - $15.00. THE CHAIRMAN: It's obvious that he has a hardship. The garage will be mainly in the side yards. Is there anyone present who wishes to speak for this application? (There was no response.) Anyone present who wishes to speak against this application? (There was no response.) ation and inspection, the Board that the to construct in Basin Road, Southold, New Y The findings that the Board is in agreement with the rea.sonmng 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 o~ this prope'rty and in the same use district; and the variance will not change the $outhold Town Board of Appeals -31- September 15, 1977 character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. ~illispie, seconded by Mr. Bergen, it was RESOLVED, Edmond Curcuru, 4 Woodhill Road, Weston, Connecti- cut, be GRANTED permission to construct accessory building in side and front yard area, Basin Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated August 25, 1977. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Doyen. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated September 2, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Three (3) Sign Renewals were reviewed and approved as submitted. on motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals grant permission to the Mattituck Gun Club, Inc., to'h~ld their annual "Turkey Shoot" on Sunday, September 18, 1977, subject to the condition that the posters can b~ erected no sooner than bwo weeks prior to the event and must be removed within the week following the event. Vote of the Board: Ayes.: - Messrs: Gillispie, Bergen, Grigonis, Doyen. Southold Town Board of Appeals -32- September 15, 1977 ~~~ ~R~' ctf lly bmitted, M~ry/~. Dawson S~c~ary