HomeMy WebLinkAboutZBA-05/04/1978 APPEAL BOARD
MEMBERS
Robert W. GilUspie, Jr., Chairrna~
Robert Bergen
Charles Grigonis, dr.
Serse Doyen, ,Jr.
~ames Maimone
Southold Town Board of Appeals
-~OUTHOLD, L. I., N.Y. 119'71
Telephone
1802
MINUTES
Southold Town Board of Appeals
May 4, 1978
A regular meeting of the Southold Town Board of A~peals was held
at 7:30 P.M~ (E.S.T.), Thursday, May 4, 1978, at the Town Hall, Main
Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman;
Charles Grigonis, Jrt; Robert Bergen; James Maimone.
~icez
Or
Sect~
by':]
Gal2
~30 P;M. (E.S.T.) - upon application of Mr. and Mrs. David
~to, Oregon Road, Cutchogue, New York, (Anthony B. Tohill, Attorney),
varzance in accordance with the Zoning Ordinance, Article III,
100~31 and Bulk Schedule for permission to construct dwelling
~suffi~ient side yard setback. Location of property: Right-of-
~rth Side Oregon Road, cutchogue, New York, bounded on the north
Island Sound; east by Baxter; south by Krupski; west by
a~her.
was
requ
The original application for a side yard variance
[ly scheduled for April 13, 1978, at which time we were
the matter to the next hearing date due to develop-
occuring as of April 13, 1978, with respect to proposed
~ of {he subject property. Since then these developments con-
to be unsettled and we are therefore requested to withdraw the
~ a variance with the understanding that the withdrawal is
re]udice to submission of a later application for a variance.
h~ Anthony B. Tohill, Tooker, Esseks, Hefter, Cuddy and Tohitl.
motion of Mr. Gillispie, seconded by Mr. Maimone, it was
RESOLVED that the Mouthold Town Board of Appeals RESCIND the
action of %he Board on ~peal No. 2404, Mr. and MrS. David Ricereto,
w~thout prejudice to a new application at a later date.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
$OUTHOLD TOWN BOARD OF APPEALS
-2- May 4, 1978
7:40 P.M. (E.S.T.) Upon application of Henry Smith, Robinso~
Road, Peconic, New York, for a variance in accordance With the ZOning
Ordinance, Article III, Section 100~3t and Bulk and Parking Schedule
to subdivide an overly large parcel~ into two parcels. Location of
property: west side of Hobart Roadt Southold, New York, bounded on the
north by WhiteSide; east by Hobart Road; south by Rich; west by Town
Creek.
The Chairman opened the hearing by reading the application for a
variance, legal notice 'of hearing, affidavits attesting to its publi-
cation in the official newspapers, and disapproval from the Building
Inspector. The Chairman also read statement from the Town Clerk that
notification by certified mail had been made to:r Mr. John Whiteside;
Mr. Fred Rich. Fee paid $15~00.
THE CHAIRMAN: The size of this property is 69,000 square feet.
The survey oontained in the application indicates that the applicant
has a long triangular shaped piece of property. The 700 feet approxi-
mately on the waterfront, Town Creek, and 583 plus feet along Hobart
Road and adjoins property of Rich on the south side. The depth of the
property varies from 297 feet on the southerly end to approximately
14 feet at the northerly end. There is no suggestion in the application
as to howthe applicant would like to have this divided.
Is there anyone present who wishes to speak for this application?
HENRY SMITH: I do. Here are 3 copies of the survey.
THE CHAIRMAN: The applicant proposes two lots. Division would
provide for.100 feet on Hobart Road at the southerly end of the
property, widening out to 125 feet at the widest point before it
reaches Town Creek and approximately 175 feet on Town Creek. And the
approximate area of this lot would be 28,000 square feet, or roughly
3/4 of the present building requirements of 40,000 square feet. This
would leave the balance of the acreage for the other lot, and would
provide building setback line which would enable the applicant to build
a house. Is thate anyone else who wishes to speak for this application?
JOHN WHITESIDE: Mr. Chairman would you please repeat the division
of the lot?
THE CHAI .P~AN: It is a little hard to explain, maybe you would like
to look at this survey?
JOHN WHITESIDE: Is there a right-of-way involved in this?
HENRY EMITH: No.
SOUTHOLD TOWN BOARD OF APPEALS
May 4, 1978
THE CHAIRMAN: This is a pretty big house. You are going to need
12 feet here, 15 feet on thfs side. That makes 27. The present require-
ment is 35 feet. A minimum of 15 and 20 feet, and of course this is an
abbreviated lot.
HENRY SMITH: I was under the impression that it was 10 and 15.
~HE C ~HAIRMAN: The old Ordinance required that.
ROBERT BERGEN: This is pretty close.
THE CHAIRMAN: Mr. Bergen has brought up a good point, Maybe you
could take the 15 feet on this side and the 10 feet on the other side.
CHARLES GRIGONIS: He can't go down much further that way.
ROBERT BERGEN: That is the width, not the depth, Charlie.
HENRY SMITH: This dotted line is 75 foot setback line required
by the Department of Environmental Conservation. This is the 35 foot
required setback from Hobart Road.
THE CHAIRMAN: (To people looking at copy of survey in front row.)
I would say that the 75 foot line that you see on the blueprint was
created by the Department of Environmental Conservation, which inhibits
the use of the lot.
ROBERT BERGEN: Maybe you could move this back 5 feet to give you
more room in case you wanted to put a garage back there.
HENRY SMITH: This already includes a garage.
THE CHAIRMAN: They have a constantly decreasing trend the further
they go. Is somebody going to build here?
~HENRY SMITH: I just want to have this
THE CHAIRMAN: This adheres to the Department of Environmental
Control requirements and meets the minimum required at the time of the
last zoning requiredments of 25 feet. This is more than 25 feet for the
side yards, it is 27. What bothers the location of this house is the
75 fe~t ~equi~ement from the waterfront by the DEC. They are here to
q~estlon. They j~st issue edicts. The DEC has stated they do not want
a y building nearer t~an 75 feet to the w~ter, and with a triangular
shape~ ~0~i~o beg~n with, that certainly inhibits the location of the house.
Wha{~isl~he elevation on the 75 foot lot.
HENRY SMITH: I don't know really. But I would say it is approx-
imate ~t. It is a gentle slope of the land that starts starts at
8 bank and and goes to 14 by the road.
THE CHAIRMAN: I think th~s is just about as good as you can do it
~ith these restrictions. '
SOUTHOLD TOWN BOARD OF APPEALS
-4- May 4, 1978
It is a fact that most of the losts in the area are much less on the
sides.
MRS. HAROLD DOBLER: Mr. Gillispie, not across. Across there is
one acre zoning.
THE CHAIRMAN: The question as to what constitutes the neighbor-
hood has never adequately been adequately covered as far as we are con-
cerned. We go by what is across the street. What is in the same block.
We do not very far away from that because neighborhoods change rapidly.
Across the creek obviously things h~ve changed in the size of the home
plots. But that would not effect us here.
JEAN TIEDKE: How do you define adjoining property owners?
THE CHAIRMAN: Unfortunately, we do not try. The applicant is
responsible for notifying the adjoining owners.
MR. BERGEN: They get the names from the tax rolls. If you are
across the street, you are not adjoining. There is a highway in between.
WILLIAM SMITH: I have been working with Mr. Smith on this for
quite a while, and we have worked it out to what we thought was to the
interest of the community. We would have liked to have had the property
150 feet wide on the first lot, but the Enviromental Control and restric-
tions prevent us from doing that. It still doesn't violate the area lots
next door or across the road, and we hope you find it will be all right.
THE CHAIRMAN: Does anyone wish to speak against the application?
Do you people all understand it? The proposal is to divide a lot approxi-
mately 70,000 square feet into 2 lots in an area where many of the lots
are 100 feet by 150 feet or 15,000 square feet. This lot is approximately
four times their size.
MRS. DOBLER: It is a very unique parcel of land in that square
footage means absolutely nothing. In my opinion there is room for one
house there on the southerly end of the property which would be pleasant
and nice. the rest of the property ... Has any member of the Board been
down to see it?
CHAIRMAN: Ail of us.
MRS. DOBLER: Then you know how it slopes down. There is a 10 foot
high bank which makes things a little bit more complicated as far as
~uilding a house is concerned. I think there would be a sewage problem
in the creek. It is a very unique end of the Creek in that there are
a half dozen egrets nesting there now and swans. At low tide it virtually
becomes wetlands.
SOUTHOLD TOWN BOARD OF APPEALS
-5- May 4, 1978
To put 2 houses there would be very detrimental in my opinion to
the whole area. I think we have one acre zoning now, and it is a
very good thing for our Town. The so-called high water mark means
nothing when it is low tide. I feel very strongly that only one
house should be built on that land, and it should be the southerly
end.
THE CHAIRMAN: I think many pegple think the same way about many
parcels of land around here that they become attached to.
MRS. DOBLER: Our property was 3-1/2 acres, and we were very
rigidly bound to one acre zoning. We could have made 5 one-half acre
lots. Originally our property was divided and then when we got ready
to relocate ourselves and sell th~ two lots, we were asked to abide
by this and we were very happy to do this. To say that there is an
expansive waterfront is ridiculous. The northerly end of it is virtually
not waterfront. It is the dead end of the creek. I feel very strongly
that the one acre zoning should be enforced.
THE CHAIRMAN: Is there anyone else who wishes to speak against
this?
MR. BERGEN: Where is your property from this?
THE CHAIRMAN: Across the creek.
MRS. DOBLHR: We are directly across.
MR. WHITESIDE: I would just like to offer this comment. Mr.
Smith's application says that it would not change the character of
this district. Now the district is Town Creek. I heard your definition
of being across the road, however, the Town Creek is really an integrated
thing. I hoped Mr. Smith had a case here when I first heard about
this, but looking at the plans, I think it would be unfortunate to
put a house on one lot that would meet the requirements and the other
house lot would be considerably short.
THE CHAIRMAN: Actually the other lot will have 41,000 square feet.
MRS. DOBLER: But Mr. Gillispie, that's because it is going off
into this long little nothing. It,is not building square feet.
THE CHAIRMAN: Not all lots are similar in ci~a~racter which is one
of the desirable parts of the North Fork. It is my opinion that this
appliC~ation could be appealled successfully. It is part of our job
not to ~ge% the Town involved in lawsuits. I think that the applicant
has made an adequate case. I certainly agree with all you people whQ
are enviromentalists and would prefer to see it remain the way it iS.
I think the applicant has a fair case.
SHIRLEY BACHRACH: Does the Suffolk County Department of Enviro-
mental Control have any jurisdiction in this area?
SOUTHOLD TOWN BOARD OF APPEALS -6- May 4, 1978
THE CHAIRMAN: This is referzed to the County, and the usual
procedure in this type of situation is for the County to leave
decisions to the local determination. They also reinforce the
idea of 50 to 75 or 100 foot setback from the wetlands. Sometimes
they suggest a green belt of 50 feet where nothing is to be disturbed.
We do not have their recommendation here, but it will be on file in
Hauppauge.
JEAN TIEDKE: I am concerned with the possible location of
cesspools and wells.The first ~ot adjoins Fred Rich's property
on the southerly. The second lot would be all the rest of that
piece. The second lot would have to have the cesspools 100 feet
back from the high water mark.
THE CHAIRMAN: The cesspools should be 100 feet from Hhe well
point. I do not know what the Department of Health does about it.
JEAN TIEDKE: I believe the regulation is 100 feet back from
the high water mark.
THE CHAIRMAN: I do not think so. Go ahead Mr. Smith.
WILLIA/4 SMITH: There is town water there. You have street
mains there. The cesspools do have to be 100 fe~t back from the
h~gh water mark.
THE CHAIRMAN: The cesspools can be put there. That is one of
the reasons for dividing the lot this way.
MRS. TIEDKE: They also have to 100 feet away from the neighboring
cesspools, and Fred Rich's cesspool, and I have no idea where that is
located.
THE CHAIRMAN: We do not go into Health Department regulations here.
MRS. TIEDKE: How can you give a variance if you do not know
what the regulations are?
THE CHAIRMAN: Because they invariably tell us when we are doing
som~sthin~ wrong.
MRS.T1EDKE: Mr. Smith said that Fred Rich's property had been
divided. Do you know how long ago that was.
MR. CHAIRMAN: I vagely remember it. It was since we have had
zoning. Weccan't tell you exactly.
MRS. DOBLER: It really isn't divided. He hasn't sold any of it.
He still owns it all.
SDUT~OLD 'TOWN BOARD OF APPEALS _7_ May 4, 1978
THE CHAIRMAN: I do not know how big his lot is.
MRS. DOBLER: Ap~opgs your inquiry about the Enviromentalists.
When we were building our house, ~the State got into it. Originally
they said the house had to be built 100 feet back from the water.
Then they came down to 75 feet. Now I do not know what kind of set-
back this will give that second if they have to be 75 feet back from
the highw~water mark. How far back do you have to be from the road
from.
MR. BERGEN:
MRS. DOBLER:
build a house.
35 feet.
So that gives 110 feet.
What does that leave to
MR. CHAIRMAN:
MRS. TIEDKE:
MR. CHAIRMAN:
HENRY SMITH:
The remaining triangle shows on the blueprint.
The second house is not delineated on that print.
But that is the building area, is it not?
That is the building area.
MR. CHAIRMAN: There might be some relief Mrs. Dobler from the
setback as I understand Mr. Rich's house is closer to the road than
35 feet which would create a lessen.
MRS. TIEDKE: On the other hand, I do not think there are any
other houses that are set back less than 35 feet. Not since zoning
anyway.
MR. CHAIPdMAN:
MRS. TIEDKE:
THE CHAIRMAN:
MRS. TIEDKE:
acr~.
I think the house can be built within that triangle.
How do you define a buildable lot?
I do not mean by what you mean buildable.
A buildable lot is 40,000 square feet - a buildable
THE CHAIRMAN: Under the present zoning, yes. This is something
that is left over from before zoning.
MRS. TIEDKE: But something that is ten feet wide and 1,000 feet
lot is not a butldable lot.
THE CHAIRMAN: We had an application where the lot was 15 to 20
feet wide and 2~000 feet long, and it was a buildable lot. When they
got thru with the restrictions and reductions on the side yard require-
ments. The house could not have a bed put in it crosswise. Permission
was granted.
MRS, TIEDEE: I have to agree with Mrs. Dobler, this is a unique
parcel. It may prove difficult.
THE CHAIRMAN: It may prove difficult to sell, unless you already
have it sold',
.SdUT~QLD TOWN BOARD OF APPEALS -8- May. 4, 1978
MRS. TtEDKE: Is t~is in view of a prospective purchaser? Why are
you subdividing this property now?
HENRY SMITH: Because I want to build on part of .it. I want to
sp~it it now so I can sell it at a future date.
MRS. DOBLER; Do you own the property Mr. Smith, or are you
under contract.
HENRY SMITH: I am under contract.
JEAN TIEDKE: Depending upon whether or not you get permission
to b~ild two houses.
THE CHAIRMAN: Alot of property is bought this way, Obviously,
otherwise it would not sell.
Does anyone else wish to speak on this application?
MR. WHITESIDE: The outline of the house on the southern part
of the property showed sideyards which in themselves need a variance.
THE CHAIRMAN: They are a variance to the present side yard
requirements. But the side yard requirement that proceeded this ordin-
ance was 20 and 15, which applies to a 40,000 square foot lot. This
lot is under 40,000 square feet, and it is subject to a variance and
the ordinance permits side ye~-variances made by the Building Inspector.
Used to anyway. Some of these things do not apply. The total side
yard requirement of the 12,500 square foot plot is what the Town started
with.
MR. WHITESIDE: So that granting a variance on the side of the
property if they fall below the 40,000 foot current regulation, every-
thing changes.
THE CHAIRMAN: That's correct. The use of this property is clearly
legal. That is why there is a Board of Appeals.
MRS. TIEDKE: Would you clarify that further about the setback.
THE C~IRMAN: That is from the building line. That is from the
Creek.
MRS. TIEDKE: Is that from the high water mark?
THE CHAIRMAN: That is another matter all together.
HENRY SMITH: That is from the high water mark.
MRS. DOBLER: We have just been through it. and the 75 feet is from
the Bluff.
S~UT~OLD TOWN BOARD OF APPEALS -9- May 4, 1978
MRS. TIEDKE: Doesn't the Planning Board require 100 feet back
from the bluff.
THE CHAIRMAN: Sometimes. The County now requires 100 feet back
from the bluff.
MRS. DOBLER: I would just like to re±nterate that this lot is
suitable for one house. Not to destroy the wetlands, the surrounding
conditions, and the cesspools. The secend lot is just ridiculous.
MRS. TIEDKE: I do not understand what the hardship is in the
matter? Mr. Smith has optioned to buy this lot very recently, knowing
full well that it ls an odd piece of property.
THE CHAIRMAN: It is my understanding that he has agreed to buy it
if he can divide it. It is considerable hardship to have an excessive
piece of property in the Town of Southold due to taxes.
MRS. DOBLER: Someone owns it now and is paying taxes on it.
MR. BERGEN: The present owner is the one who rea,t~y~hlas the
hardship.
MRS. DOBLER: Mr. Smith has suffered no hardship because he does
not own it. He plans to capitalize on it, which is his privilege to do.
THE C~AIRMAN: I do not know of anyone who doesn't try to make
money out.of land. Is there anyone else?
After investigation and inspection, the Board finds that the
applicant requests approval to subdivide an excessively large parcel
of land into two parcels. The findings of the Board are that it is an
excessive hardship to have a parcel of land with this size and footage
anf frontage in the Town of Southold, and that this will not change
the character of the neighboring district.
The Board finds that the public convenience and.welfare and
justice will be served and the legally established or permitted use of
neighborkoo~ property.and adjoining use districts will not be permanently
or substantially injured and the spirit of the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESQLVED~that Henry Smith, Robinson Lane, Peconic, New York, be
west by Town CreeK.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis
Ma±mone.
TOWN BOARD OF APPEALS
-10- May 4, 1978
7:50 P.M. (E.S~T.) upon application of Harold and Virginia
Thomas, 91 Avenue C, Port Washington~ New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section 100-32
and Bulk Schedule to change a previously approved addition from
east to west end of.dwelling. Location of property~ north side of
Minnehaha Boulevard, Southold, New York, bounded on the north by Corey
Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert.
The Chairman opened the hearing by reading the application for a
variance, legal notice of hearing, affidavits attesting to its publi-
cation in the official newspapers, and disapproval from the Building
Inspector. The Chairman also read statement from the Town Clerk that
notification by certified mail had been made to: Joseph Bugdin and
Henry Haggerty. Fee paid $15.00.
THE CHAIRMAN: The applicants originally proposed to place the
addition oh the easterly end of their house and now wish to change it
to the westerly end. I guess it is the same addition.
Is there anyone present who wishes to speak for this application?
HAROLD THOMAS: I think the thing that brought this about was that
the first .appeal was made in kind of a hurried situation. It just seems
more logical at this point to do it this way. The dwelling sets crooked
on the lot. This would take advantage of that and the addition would
present itself better to the neighborhood on this side of the house. It
would look more cramped on the other side of the house. But as far as
our use is concerned, it is basically the same. However, it was changed
from the beginning in that we have put a small room to the rear of this.
We did not have this the first time. This was an afterthought.
THE CHAIRMAN: So it is a little large, than it was before? It
looks a little larger.
HAROLD T~OMAS: I think appearance wise, it will look less congested.
THE CHAIRMAN: Don't you have more room on the westerly side of
the house.
~AROLD TEOMAS: Yes there is on the front. Actually on the side ...
T~ C~IR~AN: The house is on anangle to the lot. It is an odd
shaped lot, 80 feet on the water, 88 feet on Minnehaha Boulevard, and it
is a trapezoid. There are alot of bad angles. It is on corner Of a
road where the road turns and there are bound to be lots like this.
THE CHAIRMAN: Does anyone else wish to speak for this application?
(There was-nc.response.)
Does anyone wish to speak against this application?
(There was no response)
$OUTHOLD TOWN BOARD OF APPEALS
May 4, 1R78
After inspection and investigation the Board finds that the
applicant requests permission to change a previously approved addition
from the east to the west end of dwelling, and that this will not
change the character of the neighboring district.
The Board finds that the public convenience and welfare and
justice will be served and the legally established or permitted use
of neighborhood property and adjoining use districts will not be
permanently or substantially injured and the spirit of the Ordinance
will be observed.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that Harold and Virginia Thomas, 91 Avenue C, Port
Washington, New York, be GRANTED permission to change a previously
approved addition from the east to the west end of the dwelling.
Location of property: north side of Minnehaha Boulevard, Southold,
New York, bounded on the north by Corey Creek; east by Bugdin; south
by Minnehaha~Boulevard; west by Haggert.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis,
Maimone.
81:00 P.M. (E.S.T.) upon application of James F. McFarland, 13
Mildred Co~r~, Floral Park, New York, for a variance in accordance
with the Z~ning Ordinance, Article III, Section 100-32 and Bulk
Schedule ~6 Place a storage shed in the front yard. Location~of
Property: L~ttle PeConic Bay ROad, Cutchogue, New York; Lot no. 237
on MaP A ~ "~asSau Point Properties."
va~
noti
Nancy
Red the hearing by reading the application for a
of hearing, affidavits attesting to its publi-
official newspapers, and disapproval from the Building
The Chairman also read statement from the Town Clerk that
certified mail had been made to: Ernest Midgett and
Fee paid $15.00.
The applicant is the owner of lot no. 17 on Little
Pe Nassau Point, and it is a irregularly shaped lot on
a d. The frontage on the road is 60 feet, the depth
one s apProximately, and there is approximately 10~O. feet
on the Cr ~. The applicant's house is more or less centrally located.
Like many people-who live on the water, the legal fro~nt yard is usually
considered their back yard.
THE CHAIRMAN: Is there anyone present who would like to speak for
this application?
$OUTHOLD TOWN BOARD OF APPEALS
May 4, 1978
WILLIAM F. MULLEN, JR: I live in Cutchogue, I represent Mr.
McFarland as a friend, and am interested in finding out what the
objections are here. Altering finding what the objections are,
perhaps taking care of them. We realize this structure is not the
most beautiful one in the world, due to the problem with the paint.
However, that would be alleviated as soon as this is straightened
OUt.
THE CHAIRMAN: Is there anyone else who wishes to speak for
this application?
(There was no respOnse)
THE CHAIRMAN: Is there anyone who wishes to speak against
this application?
FREDERICK J. BRUCE: I live on Nassau Point, I am representing
Mrs. Nancy Knapp, as a friend this eveninG. Mrs. Knapp has an ob-
jection to the tool shed as it is presently placed. She is well
aware of tha fact that the McFartand's do need some area for storage
and so forth, and feels that if the shed were moved back to an area
between t~he two houses, she would waive the rights of her deed which
requi~es a 20 foot leeway.between the placement of buildings. We
think this is a very easy thing to accomplish, and would probably
get arouRd the violation that exists today, and would maintain atgood
neighbor situation.
I think that is a very happy solu~tion. I think it
.is )n. This Board was also considerably startled to see
~ ~ding. I think the gentlem~n who has preceded you
it as less than attractive. It is bare steel and
~rly coated and painted originally. I can tell you
that )eel until you eliminate the paint on it now
th the right base. It has been the practice of the
permit outbuildings in the front yard area.
Pa live on the.water. One thing tke people for-
get a where all the houses face on the water that
their.p face on the water and their garage entrances face
on ~le who live across the street have to look an
re. yard. Where possible where an outbuilding can
be located far enough from the road or landscaped, we
have along with people, particularly in Nassau Point.
In lth~s ca agree with Mrs. Knapp's position that this
impairs property values. While the Board is not guided by deed restric-
tions, we Could not have a zoning ordinance if every part of it was
effecte~ by deed restrictions. We're appreciative of the fact that
Mrs. Knapp is willing to overlook her rights.
MRS. KNAPP: This building is right on my line. The house is
20 feet away, but the shed is right on the line.
SOUTHOLD TOWN BOARD OF APPEALS
May 4, 1978
THE CHAIRMAN: When we were there, we tried to find a possible
solution. Mr. Bruce's solution ov moving it back into the side yard
among the evergreen trees will help landscape it, and I think you
can get it in by the wood pile.
MR. MULLEN: How far back do you want the shed to
THE CHAIRMAN: Into the side yard. The side yard is determined
by the line right across the face of the building facing the road.
MR. MULLEN: Can it stay on the line, the way it is now?
THE CHAIRMAN: It should be at least 3 feet from the line.
MR. MULLEN: I want to find out how this should be done. But I
do want stated for the record that I am not saying that Mr. McFarland
will do this, fo~ he has the right to retain counsel and appeal this.
MR. MAIMONE: There are two big trees there and a large wood pile.
If you can get Mr. McFarland to push the shed back and put-it between
the treees, then Mrs. Knapp will be satisfied.
MRS. KNAPP: Then if they will paint it greeen.
MR. MULLEN: I believe that Mr. McFarland will agree.to this, but
you must understand I am not committing him to it.
THE CHAZRMAN: We understand that Mr. McFarland has a heart con-
dition, which is not a legal reason for hardship, but I think the
Board Would he justified to give him 90 days to move this building
into the side yard. Preferably he will do it much sooner. In the side
yard, it should be at least 3 feet from the property line~ I think you
will have to put it in farther than 3 feet to get it between those
evergreen tre~es.
THE CHAIRMAN: Is there anyone else who would like to speak in
connection with this application?
(There was no response)
After investigation and inspection, the Board finds that the
Applicant requests p~z/uission to place a storage shed in the front
yard, Little Peconic Bay Road, ~utchogue, and this will not change the
character of the neighboring district.
The Board finds that the public convenience and ~welfare and justice
will be served and the legally established or permitted use of the
neighborhood property and adjoining use districts will not be permanently
SOUTHOLD TOWN BOARD OF APPEALS
-14- May 4, 1978
or substantially injured and the spirit of the Ordinance will be
observed.
On motion of Mr. Gillisple, seconded by Mr. Maimone, it was
RESOLVED that ~ames F. McFarland, 13 'Mildred Court, Floral Park,
New York, be GRANTED permission to place a storage shed in the front
yard, Location of property, Little Peconic Bay Road, Cutchoque,
New York; Lot No. 237 on Map. A of the Nassau Point Properties."
upon the following conditions:
3.
line of the property.
VOTE of the Board:
Maimone.
The shed is moved within 90 days.
The shed is moved into the westerly side yard.
The shed is placed at least 3 feet from the westerly side
Ayes: Messrs. Gillispie, Bergen, Grigonis
8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A
Little Peconic Bay Road, Cutchogue, New York, for~a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-32 and Bulk
Schedule to place a shed in the front yard. Location of property:
Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of
lot NO. 235 on Map A of "Nassau Point Properties".
The Chairman opened the hearing by reading the application for a
variance, legal notice of hearing, affidavits attesting to its publi-
cation in the official newspapers, and disapproval from the Building
Inspector. The Chairman also read a statement from the Town Clerk
that notification by certified Mail had been made to: Mr. William
Holman and James F. McFarland. Fee paid $15~!00
TH~ ~IRMAN: This applicant adjoins the previous applicant to
the east,~and his house is set not parallel to any of the side yards
or front yard. The lot is trapezoidal shaped, and has slightly more
land t~an the other building lots as it has half of lot N0~ 235 as
umber by Nassau Point and all of No. 236. T~o-thirds of lot 235.
Indicate~ on th~ survey of Thomas E. and Virginia Uhl are proposed
sheds Which appear to be in the technical side yard.
THE CHAIRMAN: Is there anyone present who wishes to speak for
th~s appl~cat~on~
WILLIAM HOLM_AN: Yes, I am his neighbor to the east, and I have
no objection at all.
SOUTHOLD TOWN BOARD OF APPEALS
-15- May 4, 1978
THE CHAIRMAN: Are the applicants here?
MR. MIDGETTE: Yes, I am Mr. Midgette. This is so located that
so far as I can see if one is going to have a shed, the place to hide
them most effectively has been used. If not, and I have made an error,
I will be most happy to move them.
THE CHAIRMAN: Is there anyone else who wishes to speak for
this application?
WILLIAM F. MULLEN, ~R.,: I have been requested by Mr. McFarland
to state that he has no objection whatsoever to the petitioner's
application.
· HE CHAIRMAN: Thank you. It's nice to hear from both the neighbors.
Not -~3always that way. If neighbors would make deals with each other, it
would be an easy way to get around the zoning problems.
MR. MIDGETTE: I would like to add that the lot between me and
the neighbor. We split that when we found it was for sale.
MR. CHAIRMAN: Is there anyone else who would like to speak?
(There was no response).
THE CHAIRMAN: The Board tries to accomodate people with problems
with what to do with the lawn mowers and garden tools particularly
people who live on the water. I think the Board can go along with this
application and the reasoning of the applicant.
After inspection and investigation the Board finds that the
applicant requests permission to erect a shed in the front yard, and
that this will not change the character of the neighboring district.
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. Gllllspl' ~ 'e, seconded by Mr. Maimone, it was
RESOLVED that Ernst L. Mldgette, 84A Little Peconic Bay Road,
Cutchogue, New ~ork, be GRANTED permission to place a shed in the
front yard, LoCation of p~operty, Little Peconic Bay Road, Cutchogue,
New York;.~ Lot no. 236 and part of lot No. 235 -on Map A of the "Nassau
Point Properties.
SOUTHOLD TOWN BOARD~.OF APPEALS -16- May 4, 1978
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis,
Maimone.
8:25 P.M. (E.S.T) upon application of John P. and Linda F. Kowalski,
404 At~antic Avenue, Greenport, New York, for a Variance in accordance
with the Town Law, Section 280A for approval of access. Location of
property: Ri~ht-of-Way on the south side of Sound View Avenue, Southold,
New York, bounded on the north by Sound View Avenue; east by Vilar,
Jacobi, and Schur; south by Morris and Lombardi; and west by Town of
Southold and Jarosz.
The Chairman opened the hearing by reading the application for an
approval of access, legal notice of hearinq, affidavits attesting to
its publication in the official newspapers~ and disapproval from the
Building Inspector. The Chairman also read a statement from the Town
Clerk that notification by certified mail had been made to: Vilar,
Jacobi, Schur, Morris, Lombari, the Town of Southold and Jarosz.
THE CHAIRMAN: We were with Counsel this afternoon and looked up
one of these ~eferences which relates to the width of the access, 17
being adequate. This is wider than 17 feet, this is 50 feet and it
is paved. One ~of the things we were not able to solve was who owns
this access. It says private right-of-way in your application. Do
you know who own's it? The Town of Southold owns the 01d disposal
area off Sound View Avenue with a 50 foot road going into it. Mr.
Dean has fenced off the access that you are referring to just as it
reaches your lot.
MRS. LINDA KOWALSKI: Mr. Van Tuyl, the surveyor, he had on his
survey that the right-of-way was owned by Arthur Spurway. Fir. Stanke-
vich, who was my attorney, returned the file to me this afternoon so
I have not had enough t.±me to get another attorney. I do not know
how to proceed further.
THE CHAIRMAN: There are several things that seem a little out
of order o~ this application. One is are you dividing this lot. Are
your purchasing this ~ot?
MRS. KOWALSKI: No, we are only purchasing the northerly one-half.
THE CHAIRMAN: Oh, that is a subdivision of land, you see. To do
it properly, you must go to the Planning Board to get a subdivision.
MRS. KOWALSKI: That is in the contract, and it is the seller's
responsibility to get approval for the minor subdivision.
THE CHAIRMAN: Oh, he does not have approval. It is a minor
subdivision, is that correct?
SOUTHOLD TOWN BOARD OF APPEALS -17-
May 4, 1978
MRS. KOWALSKI: Well, as far as I know. Mr. Bruer is the
seller's attorney, and he said the Seller would take care of getting
the proper subdiv±sion for the property.
THE CHAIRMAN: Who is the seller?
MRS. KOWALSKI: Mrs. Joan Lombardi, she is now known as Mrs.
Joan Bayley. Her attorney is Rudolph Bruer.
THE CHAIRMAN: This is not now a minor subdivison, is that
correct? It would be improper for us to ..... I see nothing wrong
with the size of the lot. It is 1.1 acres. It looks~as though it
has beautiful access as long as you can get past Mr. Dean's fence.
MR. GRIGONIS: Maybe we can get Mr. Dean to move the fence back.
THE CHAIRMAN: We tried to find out at the Town Counsel's this
afternoon. Will you give the name of the man who owns the access
again.
MRS. KOWALSKI: Arthur Spurway. According to Mr. Van Tuyl's
records. I can check on it tomorrow.
THE CHAIRMAN: We are checking with the Town to see when they
bought this piece of property. If they bought the access to, I do
not know if they did. You also said somewhere here you have a deeded
right of access. Is that correct?
MRS. KOWALSKI: Yes, it is in the deed.
THE CHAIRMAN: We do not have the deed here, do we.
MRS. KOWALSKI: I have my folder in the Car.
THE C ~AIRMAN: I do not think that will help us. I am just trying
to get all the facts here. We will not be able to act on this tonight.
It would be impo~ssible for us carve a lot out of a larger lot or lots,
~i¢~hwould be the subject of a minor subdivison. It ~would be putting
the hors~ in front or back of the cart. We are the horse. The cart is
the Planning Board. It would be improper for us to decide, so I think
the. best thing for us to do now that we have found out who you think own
the right-of-way is to wait for the applicant to get a minor subdivision.
Do you think that is actually in process.
MRS. KOWALSKI: Well, it is the seller who is supposed to be
handling this. I do not know what the conversation was between Counsels.
They did not tell me a minor subdivison was required.
SOUTHOLD TOWN BOARD OF APPEALS
May 4, 1978
THE CHAIRMAN: We can't proceed until we get the minor sub-
division.
MR. BERGEN: If they are buying a lot and they are getting a
right-of-way, why do they have to apply to us?
THE CHAIRMAN: Well, this is a minor subdivision. The attorney
just drew these red lines in here~,' and estimated the acreage. Are
you in a hurry for this? How soon do you need it?
MRS. KOWALSKI:
THE CHAIRMAN: Getting a minor subdivison takes a little time.
I would think your next step would be to see the seller's attorney.
and explain the difficulty. It is not a question of the right-of-
way. They are requesting to divide a lot. If this were granted.
We would be dividing property which did not belong to you.
THE CHAIRMAN: We will postpone it indefinetly, until you can
get back.
MRS. KOWALSKI: okay.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, John P. and Linda F. Kowalski, Appeal No. 2408 be
postponed indefinetly until a minor subdivison is obtained.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis,
Maimone.
P.M. (E.S.T.) upon application of Albert 0rlowski, Main Road,
Cutc New York (Richard J. Cron, Attorney), in accordance with
0 d~nance, Art~cl~ III, Section 100-30 (A) (2) to base
hel ~n a portion of farmland during the farm ~Spraying season.
property: Sterling Lane, Cutchogue, New York, bounded
on tbs north by Bolenius; east by Bolenius and Imbriano; south by
Sterling Avenue; and west by Scott.
The Chairman opened the hearing by reading ~ion for
a ~ariance, legal notice of hearing, affidavits a~ its
publication .in the official newspapers, and disapproval from the
Building Inspector. The Chairman also read a statement from the
Town Clerk that notification by certified mail had been made to:
William ~Olenius, Anthony Imbriano, John G. Scott, III, William B.
Sterling.
SOUTHOLD TOWN BOARD OF APPEALS -19-
May 4, 1978
THE CHAIRMAN: The location of this application is approximately
half way between the North Road and the Main Road in a isolated area.
Is there anyone present who wishes to speak for this applicatio~?~
RICHARD J. CRON: Yes, I would like to submit before I say
anything to the Board a rough sketch of the area for which the pro-
posed use is intended. This may be of some assistance to the Board.
I think what we are dealing with here is somewhat of a novel applica-
tion. 1 seriously doubt if it has come formally before this Board
at any other time.
THE CHAIRMAN: Yes, last year they were given a violation, and
we extended a period for an additional 20 days, I think.
MR. CRON: There was never any formal application on this type
of a situation. This application is both important and necessary
not only ~o the applicant but to all users who farm land in the Town
of Southo!id. It's an application that is strictly in pursuit of the
agricultural interest of the Town of Southold, which I think is
clearly re!¢ognized, not only by this Board but by theTown Board and
Planning ~Oa~d. I think it is clear under the Southold Town Ordinance
particularly under Article III, Section 100-38 (A) (2) that the spraying
of fa~land throughi>the use of helicopters or other means is a permitted
use under ~hat section of the Ordinance, in an "A" Residential, Agri-
cultural d~istrict.
THE CHAIRMAN: As an accessory use.
~R. CRON: Yes. I think the spraying by hetic
helicopters is also a necessary and incidental
use as ~n .a~cess~ry. I would hope that the Board
the rea Set forth in the application and serio
It is not something that is !
~ on a very limited basis which ~
basing of
agree with
~. consider the
Sought on a per-
en~ail~its use
only d~ri~g agricultural season, which would 1 e beginning of
june ~unni~g to mid'September and possibly running mid-October,
but on a ~ery limited basis after tke mid-September usage. There are
some farmers after mid-September who would have the need for some
Cauliflower crop and things of that nature.
period from Mid-September to mid-October, it ~ould be very,
very limited. The periOd from June to mid-September a g~eater use
would take place because it entails the spraying of potatoes and so
forth.
THE CHAIRMAN: I think that this use is current all over the
United S~ates. It is not indigenous to this area. It is just that
we have not been able to solve the question of what constitutes an
Airport.
'S~U~HOLD TOWN BOARD OF APPEALS -20- May 4, 1978
I believe ~hat this application will solve the problem for the farmers
and for us. I think we can pass this application.
SHIRLEY BACHRACH~ I have a question. There are some organic
farmers in the area. Would there be some protection in case of undue
winds or other reasons they mlgh overshoot their targets.
THE CHAIRMAN: I think the only thing would be a civil suit. I
~as operating a sprayer one time, and--E k~led 2 rows of my neighbor's
beans, and he sent me a bill for them. They were llma beans. I paid
the bill.
MR. MAIMONE: You are the pilot aren't you ~addressing a man in
the audienc.e) If the winds are that strong that you will be infringing
on anybody etse's property, would you go up that day?
MR. SNYDER: My name is Arthur Snyder. I am president of Island
Helicopter Corporation. No, we do not spray under conditions like~
that. I have been spraying for 17 years and ha~e had no probi-sms
with organic farmers.
THE CHAIRM~N: I think the New York Transit Authority's definitiOn
of an Airport involves a place where an airplane lands regularly and
discharges cargo or passengers. Is this correct?
MR. CRON: That is correct. I would point out that under our
Ordinance ......
THE CHAIRMAN: You are not going to have any passengers, and you
a~e not gOin~ to have any cargo?
MR. SNYDER: There is no cargo, passengers, training or anything.
THE CHAIRMAN: There is going to be irruglar use. You will not
use it on a rainy day. Too much wind. Do you frequently furnish the
dust yourself? Or do you pick it up at the farm?
MR. SNYDER: We do n~t supply any chemicals. That is all supplied
by the customer. We just make the application.
THE CHAIRMAN: You are not going to be loading the helicopter with
dust when you leave Sterling Lane, are you?
MR. SNYDER: I would say 90 percenn of the time I leave there, it
will not b~ve material in it.
THE CHAIRMAN: What about the remaining 10 percent? Some left over?
MR. SNYDER: Just the local area there. In close proximity to that
particular site.
THE CHAIRMAN: So the point to this is ~ha~ this lot will be just
a housing point. The helicopter will just be staying overnight and for
the point of view of security. A helicopter is worth more than an old
Ford?
SOUTHOLD TOWN BOARD OF APPEALS
-21- May 4, 1978
MR. SNYDER~ It i~, ~hese ke~e are ~orth about' $75,000.00. we
are not .spraying wlth~any turbtn e~u±pment ~out .there.
THE CHAIRMAN:
side of the road.
a few years ago.
You would not particularly leave this along the
Due to the fact that ~e had a loader stolen here
MR. GRIGON1S: 1 think this is probably the best place in the
area for this.
THE CHAIRMAN: Are there any other questions concerning this
application?
(There was no response)
After investigation and inspection, the Board finds that the
applicant requests permission to base helicopters on a portion of farm-
land during the farm spraying season. This is a necessary adjunct to
agriculture and that the operation proposed does not constitute an
airport.
The Board finds that strict application of the ordinance would
produce practical difficulties.or unnecessary hardship; the hardship
created in unique and would not be shared by all properties alike in
the irmuediate 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 this Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED tha!t Albert Orlowski, Main Road, Cutchogue, New York
(Richard J. Cron, Attorney), be GRANTED permission bobase helicopter
on a portion of farmland during the farm spraying season. Location of
property: Sterling Lane, Cutchogue, New York, bounded on the north by
Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and
west by Scott, subject to the following conditions:
(1) The location chosen by the Applicant for use as a heliport
shall be used only for the purpose of agricultural purposes.
(2.) Shall not be used before May 15 or after October 30.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
Mr. Angelo Petrucci appeared informally before the Board relative
o hzs ~ummon~ from the Bu~ldlng Inspector regarding hi~ marina. The
Board Will write 'a l~tter znfor~ing Mr. Petrucci specifically what he
is legally able to do with this Marina.
SOUTHOLD TOWN BOARD OF APPEALS -22-
May 4, 1978
On the motion of Mr. Grigonis, seconded by Mr. Gillispie,
RESOLVED that the Southold Town Board of Appeals approve minutes
of April 13, 1978.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
On motion of Mr. Gilli~spie, seconded by Mr. Grigonis, it was
RESOLVED that the Southold Town Board of Appeals approve minutes
dated April 21, 1978.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis,
Maimone.
On motion of Mr. Maimone, seconded by Mr. Gillispie, there were
Eight (8) Sign Renewals were revi~ewed and approved as submitted.
RESOLVED that a special meeting of the Southold Town Board of
Appeals will be held at ll:00 A.M. (D.S.T.) Friday, May 12,1978, at
the Town Hall, Main Road, Southold, New York.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis
Maimone.
On the motion By Mr. Bergen, seconded by Mr. Maimone, it was
RESOLVED that the next meeting of the Southold Town Board of
Appeals will be held at 7:30 P.M. (D.S.T.~, Thursday, May 25, 1978,
at the Town Hall, Main Road, Southold, New York.
On motion of Mr. Gillispie, seconded by Mr. Bergen it was
RESOLVED that the Board of Appeals set 7:30 P.M. ~(D.S.T.),
Thursday, May 25, 1978, Town Hall, Main Road, SOuthotd, New York,
as time and pta~e for hearing upon application of Mr.' and Mrs. John
Zazecki, Sunset Way, Sou~hold, New York, for a variance in accordance
with the Zoning Ordinance Article III, Section 100-32 and Bulk
Schedule for permission to place shed in front yard. Location of
Property: Sunrise Way and Sunset Way, Southold, New York.
On motion of Mr. ~ergen, seconded by Mr. Grigonis, it was
RESOLVED that the Board of Appeals set 7:40 P.M. (D.S,T.),
Thursday, May 25, 1978, Town Hall, Main Road, Southold, New York~
as time and place for hearing upon application of Robert Kowalski
SOUTHOLD TOWN BOARD OF APPEALS -23-
May 4, 1978
Pine Neck Road, Southold, New York, for a variance in accordance
with the Zoning Ordinance Article liI, Section 31, for a road
frontage variance. Location of property: Pine Neck Road,
Southold, New York.
On motion by Mr. Grigonls, seconded by Mr. Maimone, it was
RESOLVED that the Board of Appeals set 7:50 P.M. (D.S.T.),
Thursday, May 25, 1978, Town Hall, Main Road, Southold, New York,
as time and place for hearing upon application of William C. Rose,
39565 Main Road, Orient, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-35(A) to
construct a 5 foot high fence. Location of property: Main Road
Orient, New York.
On motion by Mr. Maimone, seconded by Mr. Gillisple, it was
RESOLVED that the Board of Appeals set 8:05 P.M. ~D.S.T.)
Thursday, May 25, 1978, Town Hall, Main Road, Southold, New York,
as time and place for hearing upon application of San Diakos,
c/o Frederick J. Tedeschi, 403 Main Street, Greenport, New York,
for a variance to the Zoning Ordinance, Article III, Section 100-30
and Section 100-31 Bulk and Parking Schedule to divide property and
set off lot with insufficient width and area. Location~of property:
Stars Road, East Marion, New York.
On motion of Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Board of Appeals set 8~:.20 P.M. (D.S.T.),
Thursday, May 25, 1978, Town Hall, Main Road, Southold, New York,
as time and place for hearing upon application of Mr. Robert Heins,
c/o Frederick J. Tedeschi, 403 Main Street, Greenport, New York,
for a ~a~e~ce~d~o~oi~c~u%~e~with the Zoning Ordinance,
Article III, Section 100-30 (B) (1) to convert -8~i~in~ one family
two story frame house into a two (2) family dwelling. Location of
property: Kmapp Place, Greenport, New York.
The meeting was adjourned at 11:00 P.M. (E.S.T.).
APPROVED
Respectfully submitted
Secr;etary.