Loading...
HomeMy WebLinkAboutZBA-08/25/1977 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen ' Cherles Grigonis, Jr. Serge Doyen, .Jr. Fred F'lulse, Jr. Southold Town Board o£ Appeals -qOUTHOLD, L. I'., N.Y. 119'71 Telephone 765-2660 MINUTES ~Southold Town Board of Appeals August 25, 1977 A regular~meeting of the Southold Town Board of Appeals was held ak 7:30 P.M. (E.D.S.T.), Thursday, August 25, 1977, at the Town Hall, Main Road, Southold, New'York. Ther~ were present~ Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. PUBLIC HEARING: Appeal No. 2308 - 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of Helmut Hass, Middle Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the New York State Buildin~ Code and Housing Code for approval of building built in violation of the Building and Housing Codes. 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 ~y.V. Ruth Est.; south by Mill Creek. THE CHAIRMAn,: Appeal No. 2308,.Helmut Hass, was recessed until 7:30 tonight. We have a request from the attorney for Hass to recess this again until the next meeting of the Board which will be on September 15th. On motion ~y Mr. Gillispie, seconded by Mr. G~gonis, it was RESOLVED that the public hearing upon application of Helmu% Hass, Appeal No. 2308, be RECESSED to September 15, 1977, at 7:45 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, ~ergen, H~lse, ~rigonis. (After the hearing was closed, Irene Meissnest Miller asked if she could speak with regard to the Hass hearing as she will not ~-~'be a~le to at~end the September 15th meeting.) Hass is making that into a three-family house. upstairs. S~uthold Town Board of Appeals August 25, 1977 THE CHAIRMAN: Upstairs in the house? IRENE MILLER: Yes, and I'll tell you how because I've seen it, he showed it to me. In the room that faces the soun~, he's got everything there ... THE CHAIRMAN: ~he Sound or the Pond? IRENE MILLER: The Sound. He's got everything there so he just-can open up the floor and put a sink in, refrigerator, everything, so there's going to be three kitchens. I can swear to it. THE CHAIRMAN: You can swear to that? IRENE MILLER: I can swear to it because that's the truth. I don't think it should be allowed. THE CHAIRMAN: Are you getting this, Mary? SECRETARY: Yes. IRENE MILLER: I~cm~swear to that because I've seen it. THE CHAIRMAN: We knew of two kitchens, one kitchen unit in the garage, in what is supposed to be a garage. IRENE MILLER: No, it's a big room. THE CHAIRMAN: It has garage doors on it~and a kitchen in the far end of it. IRENE MILLER: In the front are garages, but in the back is a big room with a kitchen. Then he has a full apartment upstairs. You don't see that because everything is cowered. THE CHAIRMAN: No, you can't see anything when you go down there, the curtains are drawn and the blinds are Mulled, you can't see~inside the windows. IRENE MILLER: Upstairs, he told me and showed it to me, he's got everything there so when everything is over he want to put there another kitchen. Now I swear to that. THE CHAIRMAN: We believe you. Where is your house in relation to his house? IRENE MILLER: My property is right next to him. THE CHAIRMAN: North? IRENE MILLER: There's the water, there's the property, and there's his house. THE CHAIRMAN: You're west of him? Southold Town Board of Appeals August 25, 1977 IRENE MILLER: ROBERT BERGEN: IRENE MILLER: north I guess. THE CHAIRMAN: IRENE MILLER: ROBERT BERGEN: IRENE MILLER: THE CHAIRMAN: IRENE MILLER: THE CHAIRMAN: IRENE MILLER: I think west, yes~ You're across that little road? No, next to him, exactly next to him, that's You're north? I don't know what you would call that. North is toward the Sound. No, next to it. Is yours the one-family house? No, I have no house, only property. 0~, you have the vacant lot, I see. Yes. I went Go my lawyer in Bayside where I live and he said, "That brings your property down, a three-family ho.use." He wants to do that, he said so. ROBERT BERGEN: She's to the west of him. THE CHAIRMAN: YOU have the vacant lot to the west. IRENE MILLER: Yes. I live on the Sound, I have my home on the Sound and I really live in Bayside. THE CHAIRMAN: Do you know whether the house directly north is a two,family house? It has a garage. IRENE MILLER: His house that he built? THE CHAIRMAN: I think he built it, yes, and put a kitchen in the garage. IRENE MILLER: That house I can tell~ It has two garages; in the back of the garage is a chen and a shawer. Then there is a whole in the entrance to upstairs he put it so that he up into his apartment downstairs to get another apartment. He said "ttve got everything there, and I just have to put in a kitchen.~ That's what he wants to do later on. I swear to it because that's the honest truth and I say it again. THE CHAIRMAN: DO you have this lady's name? SECRETARY: Meissnest, right? Southold Town Board of Appeals -4- August 25, 1977 IRENE MILLER: Miller is my name now but my house still goes under Meisslnest. 'THE CHAIRMAN: And what's your address? IRENE MILLER: 184 on Soundview Avenue. SECRETARY: You also live in Bayside? IRENE MILLER: Yes, take my Bayside address because I never get mail here. 38-09 211 Street, Bayside. I don't know whether I'll be able to be here on the 15th or not. THE CHAIRMAN: We have the information, thank you very much. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated August 12, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated August 4, 1977. Vote of the Board: Ayes: ~ Messrs: Gillispie, Bergen, Hulse~ Grigonis. (Mr. Dominic Aurichio appeared regarding the Philip J. Ofrias, Jr., appeal which was scheduled for 8:45 P.M.) DOMINIC AURICHIO, ESQ.: Mr. Ofrias won't be able to make it tonight, he's in the hospital having his gall bladder removed. I'm appearing for Robert Lang, Jr. I Call from DiCk Cron advising me that he was advised by ' wife that he was in the hospital, that was the day before yesterday. THE CHAIRMAN: We have a letter from Cron. DOMINIC AURICHIO, ESQ.: Cron was~to be here tonight also. It appears that the application is for setting up a right-of-way so he can get to Great Island, he wants to build in there. Some time ago, we have the old maps, there was a right-of-way in deeds to 1905 but ... Southold Town Board of Appeals August 25, 1977 THE CHAIRMAN: Bob Tasker explained it to me this afternoon, it's a terrible mix-up. DOMINIC AURICHIO, ESQ.: It's not too much, I don't think there's too much of a mix-up there. I discussed this with Cron, he's for Wilsberg. THE CHAIRMAN; You'~e for Lang, Cron is for Wilsberg, and Ofrias is for Ofrias. Those are the total of the three. DOMINIC AURICHIO, ESQ.: That's all, there's no other ones that would have anything to do with this situation. We have the old maps of a right-of-way going all the way back to Polywoda and Lang, before them it was Gafga and back all the way to Terry and way back beyond that. THE CHAIRFLAN: I think what you're asking for is to postpone it, right? DQMINIC AURICHIO, ESQ.: Yes, you can't decide it because what he proposes zn his map is not acceptable. It doesn't conform with what had been established as a right-of-way years back. This is the~only one but over the years because of the farming, he's got Goldsmith's place, so they said, "All right, farm this way and we'll take?the shorter way so you don't disturb the farm but if you're going to develope then we'll get together and set it." The way he has it on the map now it's interfering with Wilsberg's map and it!s not along the right-of-way that has been known as the right-of-way of record on the surveys. THE CHAIRMAN: Let me ask you, have you driven down there lately? DOMINIC AURICHIO, ESQ.: Yes, I've been there. THE CHAIRMAN: The way we went down was kind of winding and the road is full of potholes and so forth. Is it your thinking that when you, between the three of you, decide on where the proper~acCess should be that Ofrias will improve the access on your property? DOMINIC AURICHIO, ESQ.: He'd have to do that. THE CHAIRFaAN: When you decide where it is. DOMINIC AURICHIO, ESQ.: In other words, when you take the Wilsberg map as it is now ~&id out, they have intentions, I hope, I believe rather, to file that'~officially. It would take the road coming in that Wilsberg has there, the onecloser to Lon~ Pond and then bends over. THE CHAIRMAN: I think all of that we can have when we hold the hearing, but you'd rather not have the hearing tonight? Southold Town Board of Appeals August 25, 1977 DOMINIC AURICHIO, ESQ.: He won't be here and it wouldn't be fair, on my part, to go ahead and start. THE CHAIRMAN: I don't see how we could act because I don't know any way to describe that right-of-way. DOMINIC AURICHIO, ESQ.: There's no way and we had in mind doing this. I've already sat down with Cron and discussed it with Ofrias and they were supposed to meet with me at my office this past Tuesday when I received the call that he was taken to the hospital. THE CHAIRMAN: When do you think you want to postpone it to? DOMINIC AURICHIO, ESQ.: I would say put if off until further application by Ofrias, we can't set any date. I would say recess it indefinitely without prejudice because we will be in with an acceptable plan. THE CHAIRMAN: We have to know what we're talking about. On motion~.:by Mr. Gillis~.i~i; Seconded by Mr Bergen, it was RESOLVED that the hearing upon application of Philip J. Ofrias, Jr., schedule for 8:45 P.M.~ be RECESSED indefinitely. It is impossible to describe the access without agreement'among the three parties involved. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARINS: Appeal No. 2322 - 7:50 P.M. (E.D.S.T.)~ Recessed hearing upon application of Virginia W. Suter, Beachwood Road, Cutchogue,~ N~W :Yo~k (Abigail Wickh~m, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-32 and Bulk Schedule for permission to construct accessory building with insu~flcient setback. Location of property: Beach- wood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood R~ad (Pvt. Rd.); west by Creek Road (Pvt. Rd.). THE CHAIRMAN: This was recessed until 7:40 tonight. We have a letter from Miss Wickham. "I have been unable to schedule an appointment with a field representative from the ~epartment of EnVironmental Conservation prior to the adjourned hearing date of August 25, 1977. I plan to meet with the representative next week~~ in order to designate the edge of the wetlands on the survey. Therefore, ~'woutd like to request a further adjournment of the hearing." Southold Town Board of Appeals -7~ August 25, 1977 That seems entirely reasonable, would you like that in three weeks or six weeks? ABIGAIL WICKHAM, ESQ.: I think I'd better leave it indefinite now, he plans to be out next week~ THE CHAIRMAN: The only thing, if it's indefinite we have to publish public notice of it, don't we? It has to be recessed to a certain time. ABIGAIL WICKHAM, ESQ.: Six weeks, then. If he does come out next week would it be in time to schedule it for the next meeting? THE CHAIRMAN: Schedule it for the next meeting and then postpone it again. You don't have to come in if you want to post- pone it again, just write Mary a letter. ROBERT SEH: If this thing is postponed until your next meeting which is a month from now .... THE CHAIRMAN: Three weeks, September 15th. ROBERT SEH: That's the period I'm going to be away. THE CHAIRMAN: As I remember, your objections were that this, the location of this garage 10' off the highway ... ROBERT SEH: I'm also ~bjecting to, I want to see in the law, t have a copy of the Tidal Wetlands Law~ I wa~ to see in there under land use where they can put up a garage on tidewater l~nd. They forbid me to put a bungalow up there and as long as I can't put anything up there, I can't see where anybody else can put up anything. ABIGAIL WICKHAM, ESQ.: Mr. Seh, we would have to obtain a permit from the D.E.C. ROBERT SEH: One other thing ... THE CHAIRMAN: Just one point there, I think there might be a difference between a residential use of the p~operty and an~' accessory use of the property. ROBERT SEH: A garage~can also have drainage and that's.what I'm more interested in, if there's water in that garage it requires drainage. Where's it going to drain to? THE CHAIRMAN: Whmre's the water going to come from, you mean rain water? ROBERT SEH: No, if they put water in the garage. ABIGAIL WICKHAM, ESQ.: No, there would be no water. Southold Tbwn Board of Appeals -8- August 25, 1977 ROBERT SEH: How do I know? What's to guarantee that? THE CHAIRMAN: If that's the case, if D.E.C. will not permit residential use of your property which adjoins this property as I understand it, if the Board granted permission to use the Suter property for a garage providing that D.E.C,-accedes to this request, then we would condition our granting of this request by eliminating all residential use, water, sewage, and so forth which are the principal objections in connection with'residential use. In other words, it would justSe storage for the cars. ROBERT SEH: Just storage for the cars? Could I put boat storage in there is I want to put a building up? THE CHAIRMAN: I would think so, why not? ROBERT SEH: I mean in a commercial sense. THE CHAIRMAN: No, not commercial. ROBERT SEE: But I could put up a building that would take six boats and if I wanted to put my six boats in there I could do it. THE CHAIRMAN: I should think you could put up accessory storage, you could make it any size you wanted to provided you stay ~ithin the setbacks. ROBERT SEH: Another thing that disturbed me about this deal, I asked for, on Grievance Day, for a lOwering of the taxes on this land because I couldn't use it and I was refused, which is nothing to do with you fellows, but when I walk in to the Board of Accessors with a wrlt%en law on the Tidewater books signed by Joyce Burland telling them that this property is the same as property that has an easement on.it, that I should have tax relief and they turn me down, there's something wrong with the Board. I can't see where one Board can accept one type of ruling and another Board, after you show them somethingt can'~accept it. It's a screwed-up ~own, I'll say that. THE CHAIRMAN:~ It's not just this town, ~here's a lot of other places that have the. same problem. · I' ' .ROBERT SEH. ve laved in this town for damn near 25 years and it~g~ts ~0~se every~day. THE CHAIRMAN: I'd agree with you as far as red tape and bureaucracy are concerned. Around here we dislike it as m~ch as you do. Your point th~ze about being unable to use your land and not being able to get a tax easement, it's none of Our business but it bothers me, I'll see if · can find out about it. ROBERT SEH: The reason is because I'm on the wrong side of the fence. Southold Town Board of Appeals ~9- August 25, 1977 THE CHAIRMAN: ROBERT SEH: Democrat. THE CHAIP~MAN: Democrats around. THE CHAIRMAN: What do you mean? ROBERT SEH: You know what I mean. THE CHAIRMAN: No, I don't. Politically? ROBERT SEH: Fox has no use for me, number one. I wouldn't know that unless you told me. I'll campaign against him any time, I'm a That's fine, that's great. There's a lot of ROBERT SEH: You can bet. There'll be more all the time. THE CHAIRMAN: I can't see that that would have anything to do with itt myself. I'm certainly going to see if I can find out. You couldLnot ~,et tax relief, is that correct? ROBERT SEH: Right. THE CHAIRMAN: What are the taxes on that little piece? ROBERT SEH: Just 64 bucks, but it's the principle. I've been paying this for 25 years. THE CHAIRMAN: What's the acreage? ROBERT SEH: The propert~ is 125' by 285'. 70% of it is dry land and the 30% in the back is marsh land. THE CHAIRMAN: And you can't use any of it except for an accessory structure, you don't even know if you can do that. ROBERT SEH: We don't even know that yet. There ought to be relief. THE CHAIRMAN: I agree. What good is it? Why don't you just let it go to the Town? ROBERT SEH: I wouldn't make this Town a present of anything. THE CHAIRMAN: Give it to Governor Carey then% ROBERT SEH: I wouldn't give it to the Governor either. Larkin told me they're buying farmlands out here and someday the State of New York, the Town, or the County i$ going to make restitution, to people that own wetlands. THE CHAIRMAN: Who's Larkin, D.E.C. man? Southold Town Board of Appeals ~10~ August 25, 1977 ROBERT SEE: He's the head of it, he's the conumissioner. He feels very strongly in that respect. You just can't take,the rights of land away from people and not compensat~ them. That's one of the things we fought the Revolution for. THE CHAIRMAN: I think before you get any money out of this Town you'd have to get it from our Town Board which is the governing authority, not Mr. Larkin. He's an appointed bureaucrat, isn't he, from Albany? ROBERT SEH: Just the same as you fellows are appointed, yes. THE CHAIRMAN: I think that any money that would be spent that way would either have to be mandated ... I can't see the Town buying wetlands that they can't use. ROBERT SEE: They're buying famm rights they can't use. THE CHAIRMAN: Not the Town. ROBERT SEH: The County. Anyway, I'd like to have this thing p~s~poned six weeks. THE CHAIRMAN: Is that all right with you, Miss Wickham? You're not sure you'll have your information anyway. ABIGAIL WICKHAM, E$~Q~:~ I'll go along with that. THE CHAIRMAN: OK, this will be at 7:30 on .... what's the date? SECRETARY: October 13th. ABIGAIL WICKH~M, ESQ.: Gentlemen, it did occur to me that in order to process this, before I go to D.E.C. I do have to get your approval so we know where to tell D.E2C. we're going to locate it. They are changing their regulations and they're making them more stringent, and it's important to us to file this with the D.E.C. as soon as possible. I would therefore like to say that I would prefer to have it ia three weeks. THE CHAIRMAN: I think that's a reasonable request. I think you've presented ~our point of view very Well. It seems to me that if D.E.C. established, if we act before D.E.C. establishes %he line, suppose they establish it where the garage is going to go. It's hard to tell, I've been down there and I think I see a division. ABIGAIL WICKHAM, ESQ.: Well, I think your.~idecision would be contingent upon getting a permit from D.E.C. anyway. I don't know how you gentlemen work it, THE CHAIRMAN: And also the County Planning Commission. I wou~d think that in that case, suppose we acted on it ~onight and requ~ired it to be back 50'' which is the current setback. Of course, $outhold Town Board of Appeals August 25, 1977 at the time zoning was passed it ~as 35' down there and I presume that's the figure we should use. If we acted on that tonight, subject to D.E.C. approval o~ disapproval, it might or might not be affected, see what I mean? If they establish a wetlands line which went through the garage, the proposed garage or structure, that would wipe it out. ABIGAIL WICKHAM, ESQ.: I talked informally with the wetlands people and they indicated that where the garage was proposed to be located looked OK. It depends now upon whether they apply the old regulations that we were discussing or the new regulations. If you put it back 35' I think there's no question that it would be in the wetlands. THE CHAIRMAN: 35' was partly as a result of this gentleman's objection to having it 10'. You still object? ROBERT SEH: Yes, I do. THE CHAIRFaAN: If you put up a structure there to house your boats, it doesn't matter to you whether it's 35' back or 50'. ROBERT SEH: This time it matters because I don't know what I'm allowed to do with this property yet either. Just by you setting an informal precedent here doesn't make it that when I apply that I'm going to come out smelling like a rose either. ABIGAIL WICKHAM, ESQ.: I'm not prepared tonight to .discuss what Mr. Seh can or cannot do with his property, I'd like t~ dis- cuss that with the biologist when he comes down. He indicated that they didn't think could put a house down, I'd like to go over that and if that's true I think that affects his objection~to our tentative setback.~ THE CHAIRMAN: Your informal discussion with the D.E.C. representative indicated that he didn't thi~k that ... ABIGAIL WICKHAM, ESQ.: This was the engineer, this was not the biologist. He indicated that if it were further back there would be a problem. THE CHAIRMAN: I still think this is a case we've got to decid~ where D.E~C. wants the line, I don't think it's up to us~ to decide. I think that it should be recessed for seven weeks, I don't know any other way to handle it. D~E.C. should get down there and tell you what you can use and what you can't. ABIGAIL WICKHAM, ESQ.: He plans to be down there next week. THE CHAIRMAN: You can let us know, or give us a map, preferably a map. ABIGAIL WICKHAM, ESQ.: He said he would stake it out right on the property where the line is for the wetlands. Southold Town Board of Appeals August 25, 1977 THE CHAIRMAN: I assume that all of that land would be, or am I incorrect, that your property cannot be used for residential and it might or might not be able to be used for residential on his property. ABIGAIL WICKHAM, ESQ.: I don'k know anything about his property at the moment because with the growth there it's hard to see where the wetlands is and I would have to ask the bioloqist. I'm quite sure we could not put a residence on our property, I~m sure we couldn't. THE CHAIRMAN: I still think we should recess it in view of the objection of your neighbor to having it 10' off the line, which might or might nob be acceptable to D.E.C. for an accessory structure. I still think we should recess it for seven weeks to give him a chance to appear and give us a chance to find out from D.E.C. what they want. O~'~motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED that the public hearing upon application of Virginia W. Suter, Appeal No. 2322, be RECESSED to October 13, 1977, at 7:30 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. (After the Suter hearing was closed, Ms. Wickham asked a question concerning the Long Island Vineyards, Inc., appeal.) ABIGAIL WICKEAM, ESQ.: We got the resolution in the mail and it stated that the sign, that the application was approved on the condition that the sign be 4' by 6', no larger, and not less than 5' from the property lines. I don't recall that being stated at the hearing on it. It wasn't. We've had very few directional been with us and I think what I said was sign regulations and that' op- a directional sign, 4' ', least 5' from a proparty line when it's in the publ Mary~ in the original action, quoted the Ordinance as i~ applies to business which was 6'6" by 12'6", a sign that size just for a directional sign, and I think without the 5' from the property line, I'm not sure. So we corrected the action to what you've got, no larger than 4' by 6' and 5' from the property line. That's partly in your own interest to be off the property line. ABIGAIL WICKHAM, ESQ.: The only problem it poses is that Mrs. Zuhoski~ on the other side of the easement, does not want the sign on her side and the Hargraves would like to accommodate that. Southold Town Board of Appeals August 25, 1977 On the Simchick side the road is quite close to the line, it's p~obably less than 5' and you might have trouble getting it in there without moving the road. T~E CHAIRMAN: You have a right-of-way there, right? ABIGAIL WICKHAM, ESQ: Right. The right-of-way is quite, I think it's 15' but it's on the, the road is on the wester~ side of the right~of~way. THE CHAIRMAN: That's a problem that we've had down through the years, farmers don't want to give you a square foot for a sign. You'll have to resolve it with your neighbors, that's all. It affects, you know, where they're spraying· and' so forth, it affects the boom. ~-BIGAIL WICKHAM, ESQ.: I'm not sure it would interfere with the~$imchicks operation. I discussed that with the Margraves quite carefully as to whether it would interfere. I think he plants potatoes there and he felt that it would certainly be out of the way. We could discuss it with Simchicks. THE CHAIRMAN: It should be 5' from the property line. PUBLIC HEARING: Appeal No. 2318 8:10 P.M. (E.D~S.T.) Recessed hearing upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Massachusetts, for a variance in accord- ance with the Zoning Ordinance, Article III, Section lQ0-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: E~st side DeeriPath, Mattituck, New York, ~ounded on the nort~-by Miller right-of- way; east by D. Trimmer; south by right-of-way, Dickerson and Beier; west by Deer Path (Pvt. Rd.) T~Ei CHAIRM~N: There was a question in connection with the g~r~ ~nd I think what we did was to offer to wni~e to B~ier, ~. Beiel which was done on August 15th that the premises of bors, s. We suggested that~they ~ion. It. was M~. ~Too~er's, who was representing Mrs. Di~ .ess, his 0pinion~that we should inClude that in not do. However, we got a letter from Jacob ~o summarize it, they aqreed to remove the garage from the D. premises, but not Without taking a crack at the Board "I do not intend this letter to be facetious, however it is a little difficult for my clients to understand why the Southold Town Board of Appeals would be interested in this Particular Problem when Mr. Olsen, representing Sirois appeared before the Zoning Board of Appeals on August 4, 1977, concerning other prop- erty. The variance with regard to the other property does not, in any way, affect the garage or the easement which was given by $outhold Town Board of Appeals -14- August 25, 1977 Arne and which Dickerson is, was and is fully aware of, and her attorneys." We knew that, bUt we were trying to do somebody a favor, so we got slapped around for it. Anyway, they're going to do it. After~in~estigation and inspection, the Board finds that the applicants request permission to set off lot with insufficient width and area, east side Deer Path, Mattituck, New York. The findings of the Board are that the Board as 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 ~reated as unaque and would not be shared by all properties alike in the immediate vicinity of this prgperty and an the same use district; and the variance will not ohange 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, Lee and Barbara Sirois, 3 Lee Lane, Wilbraham, Massachusetts be GRANTED permission to set off lot with in- sufficient width and area, east side Deer Path, Mattituck, New York, as applied for. Vote 68 the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. upon New ArC const~ of Appeal No. 2327 8:15 P.M. (E.D.S.T.) of Gil and Ann Amiaga, 52370 North Road, Southold, in accordance with the Zoning Ordinance, 100-30 and Bulk S~hedule for permission to with insufficient side-yard s~tback. Location south side CR27, Southold, New York, A. Amiaga; east by M. Mulvaney Est.; south by.MiIliCreek; west by J. Levin & others. The ,ened the hearing by reading .the application ce of hearing, ting to ~icial newspapers., no can%, from the Buildi~g'Inspector~ ,also read statement from the Town Clerk that notifiCation by certified mail had been made to: Mrs. and Mrs. John Amiaga; Mrs. Barbara Fay Johnston; Mr. Jack Levin. Fee paid - $15.00. THE CHAIPd~AN: This is a situation where the applicant has a narrow lot at the point in the lot where the house is located. The walkway, is on the westerly side of the building and quite close to the westerly side line, but well south, I guess it is, Southold Town Board of Appeals August 25, 1977 of the location of the adjoining house, is that correct? ANN AMIAGA: No, east. GIL AMIAGA: We're east of the adjoining property. THE CHAIRMAN: And west of the adjoining property, you've got to be both ways, east and west. GIL AMIAGA: Jack Levin is on the west. ANN AMIAGA: Where there is a house. GIL AMIAGA: Our house is on the east of that. That's where the walkway is provisioned. Can I look at the sketch? THE CHAIRMAN: The house with the deck on it is Levin's? ANN AMIAGA: No. (The Board and the Amiagas discussed the property.) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? That would be you people. Is there anything to be added to this application? It looks as though there's a natural drainage area just to the west where this will drip.. There is not a house south of you to the west? This says sand and gravel, test hold, topsoil ... GIL AMIAGA: Where's the test hold? THE CHAIRMAN: Right here where it says. GIL AMIAGA: That doesn't haue anything to d6 with th~s drawing. This is the site plan of the whole piece of property. Whoever drew this indicated this arrow as the drainage, that it goes down hill and would drain off the deck and go off there. ROBERT BERGEN: Th~.re!~~ a house down here, isn't there? There's a house here and one way down here. GIL AMIAGA: Yes, there is one there. That was built before the zoning regulations. THE CHAIRMAN: So you are well south of the house on the adjoining lot which was what I said in the first place. GIL AMIAGA: Yes. THE CHAIRMAN: This would have no influence on their property. Anyone else wish to speak? (There was no response.~ Southold Town Board of Appeals -16~ August 25, 1977 Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicants request permission to construct addition with insuffi- cient side-yard setback, right-of-way, south side CR27, Southold, New York. The findings of the Board are that this drainage pro- posal will follow the natural contour of the land, and there is no house immediately adjoining to the west. 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. Hulse, seconded by Mr. Bergen, it was RESOLVED, Gil and Ann Amiaga, 52370 Nortk Road, Southold, New York, be GRANTED permission to construct addition with in- sufficient side-yard setback, right-of-way, south side CR27, Southold, New York, as applied for, subject to the following condition: The addition shall be no closer than 3' to the side property line. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2326 8:20 P!.M. (E.D.S.T.) upon application of John ~Milusich, Jr., 645 Tuckers Lane, Southold, Nsw York for a variance in accordance with the Zoni ADticie III, Section 100-30 and Bulk Schedule for permission ~to divide p~operby with insufficient width and area. Location off,prop- erty: ~Uc~ers Lane and Glover Street, SoUthold, ~New York, bounded on. the north by Tuckers Lane; east by now or formerly OsbOrne (Ruebsaman); s~outh by now or formerly Dumovic & Herzich; west by Glover Street. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in bhe official newspapers, notice to the'appli- cant, and disapproval from the Building Inspector. T2ae Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Joseph Herzich; Mrs. Kate Dumovic; Mr. and Mrs. Richard Stauffer. Fee paid $15.00. Southold Town Board of ~'~s -17- August 25, 1977 THE CHAIRMAN: The applicant's house faces on ~uckers Lane and is on a lot totaling about 21,000 sq. ft., 140' by 150' in an area where ... the lot immediately to the east is 140' by 108'? The next lot to the east is 140' by 52' The nexu lot is 140' by 50', the next lot is 140' by 90'. In this same block are two to the rear of the applicant's lot are two lots of 75', three of 100', all approximately 140' to 156' in depth. Is there anyone present who wishes to speak for this application? JOHN MILUSICH, JR.: I think I said everything in the appli- cation there. THE CHAIRMAN: When was your house built? JOHN MILUSICH, JR.: This house was purchased, it was built in ... Joe, you were in back of us, when was the house built that we live in now, do you know what year that was built? In '63? JOSEPH HERZICH: Around that, what year I really don't know. JOHN MILUSICH, JR.: I believe it was in 1963 according to the records that we have. THE CHAIRMAN: I think these lots were set off at a time either before the Ordinance was passed, some of them, and some after, maybe~ because the minimum size of lots was 12,500 when the Ordinance was passed. These apparently were before zoning. FRED HULSE, JR.: 50' lots, had to be. CHARLES GRIGONIS, JR.: That was set up shortly after the war, I think. A lot of veterans came and were buying lots in there right after the war. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) After and inspection, the Board finds that the appllicant re( ~n to divide property With insufficient width and area, ~uckers Lane and Glover Street, Southold, New York. The findings of the Board are that the average lot in this area is about the size of the two lots proposed by Mr. Milusich. The applicant's house is located on the easterly half of what apparently was two or more lots originally. The Board finds that strict application of the O~dinance would produce practical difficulties or unnecessary hard~hip; the hardZhip created is unique and would not be shared~by all Southold Town Board of Appeals August 25, 1977 properties alike in the immediate vicinity of this property and mn the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, John Milusich, Jr., 645 Tuckers Lane, Southold, New York, be GRANTED permission to divide property with insufficient Width and area, Tuckers Lane and Glover Street, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, PUBLIC HEARING: Appeal No. 2323 - 8:35 P.M. (E.D.S.T.) upon application of James Genovese, 15 Cornwallis Road, Setauket, New York for a varianoe in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient front-yard setback. Location of property: North side Lake Drive off Kenny's Road, Southold, New York, bounded on the north, east and west by Dechiaro; south by La~e Drive. The Chairman opened the hearing by reading the application f0~ 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: Nicholas Dechiaro. Fee paid $15.00. THE CHAIRMAN: This is a situation where the applicant has an exist!ing deck in front of his house and would like to extend it approximately 20' toward his driveway which is at ground level of this one-story framed house. I guess the garage would be below ground level. The existing deck is somewhat closer to Lake Drive than is now permitted in the Ordinance, is that right? Is Mr. Genovese here? (There was no response.) HS says it's 35', the existing deck is 35' from Eake Drive and extending the deck would mean that the further end of it would be 28' from Lake iDrive because of the bend in Lake Drive which bends slightly to the north. The existing deck is 8' wide. It didn't look that wide when we were out th~re~ IS there anyone present who wishes to speak fbr this application? (There was no response.) Southold Town Board of Appeals August 25, 1977 Is there anyone present who wishes to speak against~this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct addition with insuffi- cient front-yard setback, north side Lake Drive off Kenny's Road, 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~y all properties alike in the immediate ~ic~inity 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. Gillisple, seconded by Mr. Bergen, it was RESOLVED, James Genovese, 15 Cornwallis Road, Setauket, New York, be GRANTED permission to construct addition with insuffi- cient front-yard setback, north side Lake Drive off Kenny's Road, Southold, New York, as applied for. Vote of the Board: Ayes: Grigonis. Messrs: Gillispie, Bergen, Hulse, Appeal No. 2324 - 8:40 P.M. (E.D.S.T.) of Mary W~-MacNish and Ruth Lessard, Westphalia Road, N~w York for a variance in accordance with the :e, Article III, Section 100-30 and Bulk Schedule for to divide property with insufficient width and area, .tion of p~operty: Westphalia Road, Mattituck, New York, bounded on the nortk by Mattituck Creek~ east by now or formerly Guiler; south by Westphalia Road; west by now or formerly F. Olms~ed. 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: Karl Guiler; Virginia Haas; Richard 01msted. Fee pa~d - $15.00. THE CHAIRMAN: The blueprin~ accompanying the survey amended March 3, 1977, amended by Van Tuyl, surveyed originally May 1, 1961 indicates that the applicant owns a more or less rectangular shaped Southold Town Board of Appeals August 25, 1977 piece Of property which is slightly narrower at Mattituck Creek than it is on Westphalia Road. The total area is considerably over the minimum requirements for division into three. It seems reasonable in e~ery respect. As I understand it, it has been to the Planning Board and it's OK with them. ABIGAIL WICKHAM, ESQ.: The Planning Board has not approved it, we're coming to you, they want us to get permission for the undersized lot before we got further on it. THE CHAIRMAN: So all we're acting on is Lots 1 and 2. ABIGAIL WICKHAM, ESQ.: Yes, and the right of access. THE CHAIRMAN: This is kind of a gray area in our Ordinance. What we're actually creating is three lots, but we're only acting on two lots. ROBERT BERGEN: We're only acting on the right-of-way. THE CHAIRMAN: Yes, but we're creating three lots. ROBERT BERGEN: The lots are already there, they're divided, aren~ they? ABIGAIL WICKHAM, ESQ.: No, the lots are not divided, this is a proposed minor subdivision. THE CHAIRMAN: See, the Planning Board refuses to approve anything under 40,000 sq. ft. So they sent it to us and that puts us in the position of acting on what we used to do anyway which was act on minor subdivisions, four or under. We had a lot of them over about a 10-year period, I guess. We're right back in the same boat as we were before. Is there anyone present who wishes to speak for this application? ABIGAIL WICKHAM, ESQ.: I'd like to speak for it on behalf of the applicants for the reasons stated in the application. I'd also like to add that the property to the northwest marked on the tax map as 4.1 acres has been divided into two parcels. The Olmsted piece. THE CHAIRMAN: That's been divided into two? ABIGAIL WICKHAM, ESQ.: Into three, I'm sorry. Guiler on the south has been dividedlinto two. THE CHAIRMAN: Anyone else wish to speak for this applicat~Qh? (There was no response.) Anyone wish to speak against this application? (There was no response.) Southold Town Board of Appeals August 25, 1977 After investigation and inspection, the Board finds that the applicants request permission to divide property with insufficient width and area and approval of access, Westphalia Road, Mattituck, New York. The findings of the Board are that the proposed division will not increase the legally permitted density. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and mn the same use district; and th~-~variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Mary W. ManNish and Ruth Lessard, Westphalia Road, Mattituck, New York, be GRANTED permission to divide property with insufficient width and area and approval of access, Westphalia Road, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Eleven (11) Sign Renewals were reviewed and approved as submitted. On motion by Mr. Hulse, seconded by Mr. Gillispie, it was RESOLVED that the next meeting of the Southold Town Board of Appeals be held at 7:30 P.M. (E.D.S.T.), Thursday, September 15, 197~7, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. On mo~io~ by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 11:0-0 A.M. (E.~D.S.T.) , Friday, September 2, 1977, at the Town Hall, Main Road, Southold, New York. Vo~e of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Southold Town Board of Appeals -22- August 25, 1977 The meeting was adjourned at 9:50 P.M. (E.D.S.T.~. Res~tf~ly s~mitted, M~y ~/ Dawson S~c~ary