Loading...
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.