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HomeMy WebLinkAboutZBA-04/21/1978 APPEAL BOARD MEMBERS Robert W. GiUJspJe, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serse Doyen, Jr. ~~X James Maimone Southold Town Board o£Appeals SOUTHOLD, L. !., N. Y. 11~1 Telephone 1802 MINUTES Southold Town Board of Appeals April 21, 1978 A special meeting of the Southold Town Board of Appeals was held at 11:00 A.M. (E.S.T.), Friday, April 21, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; James Maimone. The meeting was called by the Chairman for the purpose of reviewing applications and approving them for hearing on May' 4, 1978. On motionby Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals set the following times on Thursday, May 4, 1978, at the Town Hall, Main Road, Southold, New York as the time and place of hearing on the following applications: 7:30 P.M. ~F~MD.Sa~d Mrs. David Ricereto; Appeal No. 2404. 7:40 P.M. - Henry P. Smith; Appeal No. 2412. 7:50 P.M. - Harold and Virginia Thomas; Appeal No. 2411. 8:0.0 P.M. - James F. McFarland; Appeal No. 2409. 8:15 P.M. - Ernst L. Midgette; Appeal No. 2410. 8:25 P.M. - John and Linda Kowalski; Appeal No. 2408. 8:45 P.M. - Albert Orlowski; Appeal No. 2413. Vote of the Board: Ayes: ~ Messrs: Gillispie, Grigonis, Maimone. The meeting was adjourned at~ 11~20 Ai'M~~ D . Re~.e'ctf?~iy ]1submitted, ~,~a.~an B~of Ap~ APPEAL BOARD MEMBERS Robert W. Gillispie, .Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, .Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 1802 MINUTES Southold Town Board of Appeals April 13, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, April 13, 1978, at the- Town gall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge Doyen, Jr.; James Maimone. ~:30 P.M. (E.S.T.) - upon application of John Malinowski, Second Street, New Suffolk, New York, to rescind variance granted on January 12, 1978, giving permission to use existing business building for assembly of parts. Location of property: west side SeCond Street, south side King Street~ bounded on the north by King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third Street. THE CHAIRMAN: They have asked that we rescind this action beca~s~-'of the cost of carrying the application to the higher courts:.both on the part of the Town and on the part of the appli- cant, ts there anybody that wishes to say anything about this application? (There was no response.) The legal expense of contesting an application that is specif- ically tailored to an individual operation doesn't seem worthwhile either to the applicant or ~he Town. On motion by Mr. Gillispie, seconded by Mr. Maimone, it was RESOLVE~ that the-Southold Town Board of Appeals RESCIND the action of the Board on Appeal No. 2380, John Malinowski. Vote of the Board: Ayes: - Messrs: Gilli:Spie, Grigo~s~ Doyen, Maimone. Southold Town Board of Appeals -2- April 13, 1978 7:35 P.M. (E.S.T.) - Appeal No. 2396 - Postponed decision upon application of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 D for permission to reinstate non-conforming, two-family use. Location of property: North side Main Road, Orient, New York, bounded on the north by D%~ Rose; east by Finkle; south by Main Road; west by D. Moore. THE CHAIRMAN: On March 23rd, the Board reserved decision on Patrick and Linda'Lyons. The attorney for the applicants has since submitted an additional brief at the request of the Board and it's my opinion that the Board should find the following which I'll read. After investigation and inspection, the Board finds that the applicants r~quest permission to reinstate non-conforming, two-family use, north side Main Road, Orient, New York. The findings of the Board are that the applicants recently became the owners of a ~1,928 sq. ft. lot on the north side of the Main Road, OriOn%, New York, on which are located 2 two-story severely deteriorated fra~ed buildings, vacant and alleged to be abandoned for 17 years, joined'by a dilapidated porch, set on unmortared field stone, pres!ently a nuisance to neighbors.an~~ore as well as being dangerous to children. Bo~h hou~~ed'%h~ mini- mum 850 sq. ft. requirement of the present Zoning Ordinance· Adjoining the Property to the west is a two-family use while across the street.there exists a house in which rooms are rented. Also, on the south side of the street within 150' of this property is a multiple dwelling for the aged. The applicants' property is further enc~%m~e~e~ by a right-of-way on the easterly Side of the lot which provides access for half a dozen lots of two acres or better and five smaller lots of approximately one-third acre north of the ap- plicants' land ex~ending to Lon~ Island Sound. The evidence indicates that the two houses were used as residences by related members of the same family, including two cesspools and some evidence of two kitchens. ~ state, hardship of the applicant is bank reluctance to ~ substantial funds required to rehabilitate the two'structures· the assistance of rental income, a fact wh~ ~ ev~n~ and is further implemented by computations pro¥~ applicant. SimPly stated, it would ~e~a severe eco- app with the problems of restoration having restored a Brooklyn brownstone, their present residence, and expe~' to do much of the work themselves. The fact that the prouerty was virtually abandoned indicates the severity of the situation. In the absence of any Town policy with respect to condemnation of derelict properties, it would'appear that the present applicants will provide a feasible soluti~'~ It might be further pointed out that the pro- posed solution w~'il ~atisfy all of the criteria required for special exception uses except lot size, which has been increased from 25,000 Southold Town Board of Appeals -3- April 13, 1978 sq. ft. to 40,000 sq. ft. to 80,000 sq. ft. at present, a density figure derived from water s~udies.of the past. It should be noted that the location is in the deepest aquifer area of Orient, approx~ mately three-fifths of a mile from salt water. The unique aspects of this application include two separate ancient buildings linked by a porch and two separate cesspool systems, in an area where similar multi-family uses exist nearby. One other unusual and unfavorable characteristic of the site is the existence of the weli-travelled right-of-way on the property to the rear lots. These unusual circumstances preclude the pos- sibility that the relief asked for would set a precedent for the conversion of large houses into two-family units. The Board views this action as the only practical solut~0h~vailable. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted 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 by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York, be GRANTED permission to reinstate non-conforming tWo-family use, north side Main Road, Orient, New York, as applied for, subject to the following conditions: There shall be no expansion of the size of the existing buildings. 2. There shall be one well source for water. 3. Automobile parking shall be off the travelled right-of-way, preferably in the rear yard area. 4. The Board shall review this appeal within five years. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Maimone. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the public hearing on Appeal No. 2404, Mr. and Mrs. David Ricereto, be postponed until May 4, 1978, at 7:30 P.M. (E.D.S.T.) at the request of Tooker, Tooker and Esseks. Vote of the Board: Ayes: Maimone. Messrs: Gillispie, Grigonis, Doyen, $outhold Town Board of Appeals -4- April 13, 1978 On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated March 23, 1978. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. PUBLIC HEARING: Appeal No. 2402 - 7:50 P.M. (E.S.T.) upon application of Mark S. Sharman, 355 West Lane, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on undersized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York, bounded on the north by Private Road; east by Burnham; south by Old Main Road; west by Lomas. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clsrk that notification by certified mail had been made to: Mr. Fred Sharman; Mrs. G. K. Lomas; Mrs. F. W. Burnham c/o Charles W. Thompson. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey indicating the two lots that have been referred to, one in the name of Henry Sharman and the other in the name of Mark Sharman. The property is in an area where there are a number of non-conforming lots Within a few hundred feet of this lot. I am a relative of the applicant and I will have to excuse myself from any further partici- pation. I did learn that Mr. Lomas, who borders this property on two sides, does not object to this application. I'll leave the room and turn this over to Charlie Grigonls. CHARLES GRIGONIS: Is there anyone here who would like to add anything to this? Mr~ S~arman, do you have anything? MARK SHARMAN: The only thing~I'd like to say is that there's a discrepancy in the description, from the description in our application of the south border to the description in the legal no~ice. The south.border is bordered by my brother, Henry, and the legal notice says it's by Old Main Road, which is not true. CHARLES GRIGONIS: That correction will be made. Anyone else? MARK SHAP/~kAN: Essentially, I just wanted to say that the property was left to me in a will dated October 24, 1971, which p~e-existed the one-acre zoning. When it was left to me it was one-acre zoning and that's why I'm applying for this variance. Southold Town Board of Appeals -5- April 13, 1978 CHARLES GRIGONIS: Do any members on the Board have any questions? Is there anyone here who wishes to speak against it? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct dwelling on undersized lot, Stephenson Lane, Orient, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique~and would not be Shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Maimone, it was RESOLVED, Mark S. ~harman, 355 West Lane, East Marion, New York, be GRANTED permission to construct dwelling on undersized lot, Stephenson Lane (Private Road), Orient, New York, as applied for. Vote of the Board: Ayes: Maimone. Messrs: RUBLIC HEARING: Appeal No. 2403 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to e~ect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Meglio. ~he Building Inspector. The Chairman also read statement that noti- fication by certified mail had bleen made to: Mary Pylko; Joseph Megii~. Fee paid L $15.00. THE CHAIRMAN: We have a letter here from Gabe Kousouros dated March 15th. "I have given my consent to the Anchor Inn to place on mT property a direction sign to their place of business." Is there anyone who wishes to speak for this application? Southold Town Board of Appeals April 13, 1978 HOWARD KOLBENHEYER: We feel that we do need a directional sign to show everybody where we are located. Every other restaurant in this area has signs all over the place and we feel we'd like to have ~ust one for directional purposes. THE CHAIRMAn,: How many have you got now? HOWARD KOLBENHEYER: None. THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) It's been the policy of this Board to grant directional signs in the interest of the travelling public to restauranns, a place to eat and a place to sleep, and I think this is no exception. After investigation and inspection, the Board finds that the applicant requests permission to erect off-premises directional sign, south side Sound Avenue, Mattituck, New York. The findings of the Board are that ~?~has been the policy of the Board to grant directional signs to restaurants, motels, etc. in the interest of the travelling public. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not ben, permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Mattituck Anchor Inn Corp., Box 18, Mattituck, New York, be GRANTED permission to erect off-premises directional sign, Sound Avenue, Mattituck, New York, as applied for, subject to the following conditions: The sign shall be located no closer than 5' to any property line. 2. The sig/l shall be no larger than 3' by 2' Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. PUBLIC HEARING: Appeal No. 2405 8:10 P.M. (E.S.T.) upon applioatioh of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, E~t Marion, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with insufficient Southold Town Board of Appeals -7- April 13, 1978 front yard setback. Location of rproperty: Bayview Drive, East Marion, New York, bounded on the north by Stiege~ east by Bayview Drive; south by Bayview Drive; west by Cordes. The Chairman opened the hearing by reading the application for a variance, legal nOtice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Rev. and Mrs. Martin Stiege; Estate of Elsie Cordes; Vincent Cayne. F~e paid - $15.00. THE CHAIRMAN: The file contains a letter from Irving L. Price, Jr. on behalf of the Estate of Elsie M. Cordes. "I am in receipt of Notice of Application for variance by Mr. and Mrs. Charles Westenberg. I see no objection to their application. Please make this letter part of your record." Is there anyone present who wishes to speak for this application? I might explain that the area of the lot is extremely irregular, it would he hard to describe, and it appears to have two front yards among other hardships. Bayview Drive runs around it. It's in an area of similarly irregularly shaped lots except that this is more irregular than most of the others. Is there anyone present who wishes to speak for this application? WARREN SAMBACH: I'm the engineer for Mr. and Mrs. Charles Westenberg. I don't know if you ... THE CHAIRMAN: We have some pictures here that show the proposed addition, the.extension of the roofline, which would not interrupt the present lines of the house. As I understand it, you don't want to set it back. The proposed addition is drawn in red pencil extending the roof line the same manner that it is now. WARREN SAMBACH: of the house flush. living room. That's right. We'd like to keep the front That part of the house would be the new THE CHAIRMAN: And this particular location of the addition will save the big trees. WARREN S~BACH: We're going to have to take down one big tree in the back. THE CHAIRMAN: Because the addition goes around the back? WARREN SAMBACH: Yes, it extends back. Southold Town Board of Appeals -8- April 13, 1978 THE CHAIRMAN: Any other questions? WARREN SAMBACH: I have a survey of the area in reference to other residences on those parcels with a list of the lot numbers and the setbacks. Would you want this? THE CHAIRMAN: We'd be glad to have it in the record. WARREN SAMBACH: I have three copies here. The outline in red is the property in question and up in the left-hand corner, Lots 91, 1187 73, 75, 77, those are the present setbacks of the houses along Parson's Boulevard and Bayview Drive. THE CHAIRM3~: The range is from 22' to 35' proposed new setback on this addition? What's the WARREN SAMBACH: The corner of that house will be 28'. THE CHAIRMAN: So that it falls in the median range, average. Are there any other questions? Anyone wish to speak against this application? (There was no response,) After investigation and inspection, the Board finds that the applicants request permission to construct addition with in- sufficient front yard setback, Bayvie~ Drive, East Marion, New York. The findings.of the Board are that the Board is in agree- ment with the reasoning of the applicant. The Board finds that strict application of the Ordinance ~ould produce practial 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 districts; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Mr. and Mrs. Charles Westenberg, 795 Bayview Drive, East ~arion, New York, be GRANTED permission to construct addition with insufficient ~t yard Setback, Bayview Drive, East Marion, New York, , subject to the following condition: The applicant shall not reduce the front yard setback to a figure less than 27' Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Southold Town Board of Appeals -9- April 13, 1978 PUBLIC HEARING: Appeal No. 2406 - 8:4D P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southold, New York for a variance in accordance with the Zoninq Ordinance, Article XI, Section 100-112 H for permission to construct acces- sory off-premises parking Sot in excess of 200~Afrom main premises. Location of property: East side Railroad Avenue (Youngs Avenue}, $outhold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west hy Railroad Avenue. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Frederick p. Rich; Carl F. Eiseman; P.B.M. Associates, Inc.~ Fee paid - $15.00. THE CHAIRMAN: I think the application is largely self- explanatory. Anyone present who wishes to speak for this application? RICHARD LARK, ESQ.: As the Chaiiunan stated, the application pretty much does speak for itself. We hashed it out in depth at the previous meeting. The Board di~ grant a variance to s~lit the lot f~r the purpose of creating off+street parking premises for the bank. I think it's important to keep in mi~d tha{ this is an accessory use. I've discussed this application at length ~ith the TOwn Attorney as well as with the Building Inspector and it ~s an accessory use. All the conditions, as required in 110-112 of the Zoning Ordinance for this particular parcel of land can be complied with with the exception of the 200' requirement for all parking. spaces and it's for that reason that we are requesting a variance. I think the smrvey that Van Tuyl prepared to accompany the map does show it, that the property is within 80' of the bank's premises but, because of the shape of that lot, walking distance, as the application, could be as much as 570', the furthe'st to it. But again, we would not be inconven±enci~g, the publ~ because this is supposedly going to be used solely for bank employees only and durin~ the Period of construction, as I outlined to the Board at the l~s~meeting, it would be used for contractor's cars. The public, who utilizes the bank's facilities for deposits, thihgs like that, would be on-premises right at the bank's ~ lot~ The only inconvenience, and I take it that's the m~in the 200' requirement, would be to the bank's own employees and it is an acces- sory use. Curiously enough, this doesn't happen to me very often, Mr. Rose received a letter from the neighboring property owner, Mr. Rich, who owns on virtually two sides of the bank's property there. I will read it and have it put into the record. It's a letter dated April 12th to Mr. Rose. "t write in reference to the Bank's petition for a $oning variance to utilize the premises adjacent to Colonial Village for an employees' off-street parking lot, to tell you that Mr. Rich is in favor of the granting of the variance. Southold Town Board of Appeals -10- April 13, 1978 As a contiguous property owner most immediately aff6cted, Mr. Rich has author±zed me to say that this letter may be sub- mitted, if you wish, in support of your application." Sincerely yours, /s/ Anne C. Trautman I ask that this be entered, it's a rare occasion where I get something where an adjacent property owner concurs with the appli- cation, it's usually the other way. I don't want to belabor the point because we did spend quite a big of time on it at the last meeting. The other thing I wan~ to draw the Board's attention to, after I did go over it with the Town Attorney and the Building Inspector, site~plan approval does not have to be obtained because it is an accessory use, no buildings are being erected. Virtually two sides of the property are already fenced and it would just be a fence up the middle. The parking spaces would have to conform as to the ~reas, ingresses and egresses, to the section 119-112 and they will. THE CHAIRMAN: So it's just a matter between you and the Building Inspector, no site plan. RICHARD LARK, ESQ.: Right, because it's an accessory use. THE CHAIRMAN: You are going to provide drainage and ... RICHARD LARK, ESQ.: Yes, all on-premises drainage. That is called for in the Code itself. THE CHAIRMAN: I think that basically that provision about 200' really rgI'~es more to the public than it does to the bank's employees. RICHARD LARK, ESQ.: I looked at.other ~rdinances that have similar restrictions and that's the reason they're put in there. THE CHAIRMAN: Well, there will be close facilities. RICHARD LARK, ESQ.: There would be ample parking in that case. There will not be if we end up with contractors' cars, employees' cars and everything else. THE CHAIRMAN: How long is it going to take? RICHARD LAR~, ESQ.: Two years. THE CHAIRMAN: Anyone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) Southold Town Board of Appeals -11- April 13, 1978 After investigation and inspection, the BQard findsthat the applicant requests permission to construct accessory off-premises parking lot in excess of 200' from main premises, east side Rail- road Avenue, Southold, New York. The 'findings or'the B~ard are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is uniqu~ and would not be shared by all ~rope~ties 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. Doyen, seconded by Mr. Grigonis, it was RESOLVED, Southold Savings Bank, Main Road, Southold, New York, be GRANTED permission to construct accessory off-premises parking lot in excess of 200, from main premises, east side Railroad Avenue (Youngs Avenue), Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. PUBLIC HEARING: Appeal No. 2407 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Purcellville, Virginia for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area~ Location of prop- eruy: Horton Lane, Southold, New York, bounded on the north by Conway;~east by Horton Lane; south by Grattan; west by Greenfield Acres Subdivision. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: ConWay Brothers; Mr. and Mrs. Daniel Charnews; Robert W. Gillispie, III; Daniel R. Grattan. F~e paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this appllcatlon. GARY 0LSEN, ESQ.: The parcel in question is located on the westerly side of Horton's Lane and has frontage on Horton's Lane of approximately 138' with an average depth running westerly of a out 429 . It contains approxmmately an acre and a half, about 59,008 sq. ft. What we propose to do is divide the property as shown on the sketch which was made part of the application. The Southold Town Board of Appeals ~12- April 13, 1978 main parcel, which is already developed with a two~storH framed house and a barn and a number of accessory buildings, will have approximately 37,000 sq.~ft. The other parcel to be created, known as Parcel 2 on the sketch, would have access off of Sunny- side Road, which is a Town maintained road, and that would have approximately 21,4120 sq. ft.~; more or less. The other parcels in the neighborhood are approximately the same, there's some one-acre parcels. Also there are a number of smaller parcels on Sunnyside, I see that on the tax map there are two with frontage on Sunnyside of approximately, this would be south of the proposed parcel, of 110' by 90' which would be considerably smaller, and two other parcels somewhere in the neighborhood of 60' by 85'. The parcel in question, which is proposed to be divided, is an oversized parcel compared to the others in the neighborhood. ~he density would only be increased by one piece. We have a proposed buyer for Parcel 2, which is a vacant parcel, and it would be a practical hardship to the applicant if the variance was not granted. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? Anyone present wish to speak against this application? (There was no response.) ~i~er investigation and inspection, the Board finds that the applicant requests permission to set' off lot with insuffi- cient width and area, Horton Lane, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. Most of the nearby lots are undersized by present standards. 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 ail properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Gillispie, it was RESOLVED, Cynthia Mahnken, Box 117, Purceltville, Virginia, be GRANTED permission to set off lot with insufficient w±~d.th and area, Horton Lane, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Southold Town Board of Appeals ~13- April 13, 1978 PUBLIC HEARING: Appeal NO. 2325 ~ 9:15 P.M. (E.S.T.) Recessed hearing upon application of Philip J. Ofrias, Jr., Bayview Road, $outhold, New York for a variance in accordance with the Town Law, Section 280A~for approval of access. Loca- tion of property: Right-of-way, east side Laurel Avenue, Southold, New York,.hounded on the north by M±ll Creek; east and south by R. Lang, Jr.; west by Mill Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read the April 4, 1977, minutes of the Planning Board regarding this application. PHILIP OFRIAS: Those minutes you have there from the Planning Board on April 4th, I think that probably involves Wilsberg's appli- cation, hot Ofrias'. This application first came on, I would say, probably the first week in September, 1977. I was in the hospital at %hat time so it was opened and adjourned. THE CHAIRMAN: It seems to be in this record here. RICHARD CRON, ESQ.: Wilsberg has no application pending, it has to pertain to this particular application. CHAIRMAN: We're just trying to clarify what this means. PHILIP OFRIAS: Do you have the map, the survey of the right- of-way before you? THE CHAIRMAN: Yes. PHILIP OFRIAS: Where the right~of-way comes off of Laurel Avenue on the left side of the map there and comes up across that proposed subdivision, that is Witsberg's land. This right-of-way there, Long Creek Drive, labeled Long Creek Drive on the survey, is what will be dedicated to the Town as a Town road for Wilsberg subdivision. The minutes you were just referring to 6f April, 1977, sounds as though it has'to do with Wilsberg application at that time, would that be right, Mr. Cron? RICHARD CRON, ESQ.: I don't think we have an application pending. PHILIP OFRIAS~ No, I'm saying at that time, April 1977. THE CHAIRMAN: In other words, it's irrevelant to this application except that it shows ... PHILIP OFRIAS: I think the way it got involvedis because this right-of-way we now propose to relocate this right-of-way over what will be the bed of that Town road in the subdivision. Southold Town Board of Appeals -14- April 13, 1978 THE CHAIRMAN: In the new subdivision. PHILIP OFRIAS: Let me clarify it a little further here. This is the map of, this is our property. This is Wilsberg's land where it comes in from .Laurel Avenue. (Mr. Ofrias and the Board discussed the map of the property, the location of the present right-of-way, and the proposed Town road.) ~will relocate the physical right~of-way here to the bed of. wha%~WiI1 be thisroad. We will relocate it now, eventually when the road is dedicated the right-of-way will merge into the public road. THE CHAIRMAN: This proposedLong Drive, as it's called, actually intersects with the old right-of-way? PHILIP 0FRIAS: That's right. RICHARD CRON, ESQ.: At the point of entry into the Lang land. PHILIP OFRIAS: It crosses from Lang to Wilsberg, the crossing point is the same as it presently exists todaY. DOMINIC AURICHIO~ ESQ.: Then it continues over the land of Lang over tO Ofrias and it has to be in conformity with all of the regulations and requirements of the Town. RICHARD CRON, ESQ.: I would think that the ~pp!ication pending ought to be mute at this time, not mute but academic. If we're going to, as we expect to, execute an agreement of right-of-way between all-of the parties, the application that's before this Board deals with a right-of-way over an area that is other than that that you have on that map. PHILIP OFRIAS: The application before the Board right now is not for the right-of-way as it presently exists. RICHARD. CRON, ESQ.: It's for recognition of access over some other area. PHILIP OFRIAS: Right, as shown on this December, 1977, survey. DOMINIC AURICHIO, ESQ.: Since that application was made, the parties ... THE CHAIRMAN: This one here? D0~INIC AURICHIO: The application you're referring to, not that which is before you at this moment. Since that application Southold Town Board of Appeals -15- April 13, 1978 had been filed, Mr. Ofrias was in the hospital, we had to adjourn. The parties got together and they've come to an agreement that ... THE CHAIRMAN: Who are you representing? DOMINIC AURICHIO, ESQ.: Bo~ Lang. This is what the parties have agreed to, this survey. Anything prior to it, any other existing right-of-ways, there was one-~xisting since 1908 which is not the one that runs along ... THE CHAIRMAN: Mr. Cron, is that right with you, is this what you've agreed to? RICHARD CRON, ESQ.: This is what is to be agreed to in terms of an agreement that's to lay out a right-of-way in the bed of that road and extinquish any other right-of-ways that may previously have existed. THE CHAIRMAN: Extinquish any other. I don't think that's our job here. RICHARD CRON, ESQ.: I would point out, I think the application you have before you is a unique application in terms of this Board. It's unique in the sense that most recognition of access applications would deal with the applicant's land rather tha~Jthe land of somebody else, you're dealing with land of two o~h~-~P~rties here. THE CHAIRMAN: We have once or twice gotten in a situation where ... RICHARD CRON, ESQ.: I don't think you can make that determination. THE CHAIRMAN: We Cannot make a determination of right-of-way over somebody else's l~nd. I think that you p~ople have to present us with a fait~accompli. PHILIP OFRIAS: Basically, what web,ave, this survey which we have here of December 16, 1977, that is the result of our negotiations and walking out in the field, whatever, that's what we've agreed upon. That's what is before you as it shows on this survey here. RICHARD CRON, ESQ.: What I say to you, Mr. Ofrias, I don't see how you can pursue your application at this time when it differs from what we're going to agree to. PHILIP OFRIAS: The location in the application is not defined yet. We could just say that this is it, not what it has been in the past. We're all here so we can do it. THE CHAIRMAN: I think the only people who understand this thoroughly are you three. Southold Town Board of Appeals -16- April 13, 1978 RICHARD CRON, ESQ.: I would like to suggest, I think the agreement has to be executed by aL1 parties~and become a fact~. Then if you wish to pursue a recognition of access situation, then of course you're free to do so. In other think this Board can act without a definitive az way which they have to grant recognition of acc~ there's a degree of controvery as to where the iS. JAMES MAIMONE: What has taken so long bet~ what!~s taken so long to come to some agreement we ~ht, let's go before the Board, and everybod PHILIP OFRIAS: It's my understanding that this is what we've agreed on. RICHARD CRON, ESQ.: Yes, it is. THE CHAIRMAN: I think that we can approve to you people providing us with an agreed upon s rights of Lang and Wilsberg. PHILIP OFRIAS: I think that's a good propo does not require that we then come back again. ords, I don't ea of right-of- ss. I think ight-of-way ~en three people, hat this is what y agrees. this is it and this access subject urvey covering the ~al because that DOMINIC AURICHIO: There is an agreement al is a survey to which the agreement, the survey i There are two other parties that have to be to t are the mortgagees so that we'll have no clout. here are in conformity. We have to follow those steps and then, and it also has to, for your approval, meet the Town requirements and all of those things are provided for. - THE CHAIRMAN: The only thing that we will ~pecify is that this road be improved to a distance of 15' and that the topsoil be removed to a depth of at least 6" and bank run placed and s~arified into where you removed the topsoil, and that this be done more or less in the center of the proposed 50' road. In order to assure that emergency vehicles can reach the property if you have a fire or emergency. This is not easy and it's going to be expensive. drawn up, there a part of it. e agreement, those The three parties RICHARD CRON, ESQ.: Wilsberg is going to undertake, as a part of the subdivision development, to put in a Town road pursuant to Town specifications. Up until the point~'~they do that, Wilsberg is not going to lay out a 15' road in there for access. We're going to put in a Town road, we're not going to the double expense of putting in a 15' right-of-way in the bed of that road. THE CHAIRMAN: How do you plan to get around that problem then, Mr. 0frias? PHILIP 0FRIAS: Timewise, I will be following them, I'm sure. Southeld Town Board of Appeals April 13, 1978 RICHARD CRON, ESQ.: He won't have to do anything if he doesn't immediately seek hfs recogni~ion of access, if we had to time with which to put in the Town-specified road there's no problem. He'll have a road which meets recognition of access in all respects. THE CHAIRMAN: I'm just suggesting what our minimum is, absolute minimum is based on our experience. RICHARD CRON, ESQ.: Mr. Ofrias wants the absolute minimum, if he goes before we get started he will have to do that himself. DOMINIC AURICHIO: As the situation stands now, Mr. Gillispie, M~Ofrias has access of necessity over a path that takes him to Great Island. It's not the one that had been designated in the original survey of 1908. He will still continue to use that until he gets to his point and then he follows from that point on. Any- thing he does after, if he wants to do anything further, he has to comform with whatever your requirements are. THE CHAIRMAN: I don't think that concerns us except that the Building Inspector can't issue a building permit until you ... DOMINIC AURICHIO: That's not my pro~i~ence. CHARLES GRIGONIS, JR: Actually, once Wilsberg puts their road in all he'll need access for is from the beginning of Lang land. THE CHAIRMAN: You're in no rush to get started anyway, is that correct, Mr. Of~ia~? PHILIP OFRIAS: Not unless I sell my house tomorrow. THE CHAIRMAN: You're in the flood plain, aren't you? PHILIP OFRIAS: The flood plain they're talking about, the highest point we have there is 9.8' and they're talking about a 10' elevation. THE CHAI~WLAN.: 8' was suggested by the government. DOMINIC AURICHI0, ESQ.: You're appealing that, aren't you? THE CHAIRMAI1: Wickham is making an effort in that direction but I don't think there's much chance. They just don't hear you. PHILIP OFRIAS: That's right, if they put. it at 8' all of Greenport goes with~ it. We would not be building above 8', part of the house would be, but the problem there would be, I think, with financing of mortgage money. Southold Town Board of Appeals ~18~ April 13, 1978 RICHARD CRON, ESQ.: You fa±se your elevation to meet the flood plain level, that's all. You wouldn't have that much to raise anyway. THE CHAIRMAN: What do you want us to approve here, Mr. Ofrias? PHILIP OFRIAS: I would like the approval as shown on the map of December 16, 1977. DOMINIC AURICHI'O, ESQ.: There's been no denial on that, anything that is here'is new, this is a first instance, so if it's within your jurisdiction ... PHILIP OFRIAS: It saves us from coming back again. RICHARD CRON, ESQ.: It's subject to execution of the agree- ment by all parties. THE CHAIRMAN: How do we define the right-of-way that we're talking about from the end of this map to the point where ... or does this reach your land? PHILIP OFRIAS: It reaches the land. THE CHAIRMAN: So this takes you to your own acreage. PHILIP OFRIAS: This takes us to our property line. I would like to come back again possibly as to the 15' and what you want done with it, bankrun, depending upon what I'm doing at the time. DOMINIC AURICHIO, ESQ.: At the time,.y~s, you can come back then. RICHARD CRON, ESQ.: I think you'll have to see the Building Inspector. JAMES MAIMONE: Can you find that 18 acres? We couldn't, we were riding on this Tuesday, that's rough. THE CHAIRMAN: We shall refer approval of these to the Building Inspector. We used to always refer the app~ova~ of these to the Building Inspector but I learned from Town Counsel yesterday that's inc0rr~ct, t~e Board of Appeals has to approve them. So we' more interest in it because I thought it was really a ma~ ~he Building Inspector. That's why I mentioned that number. DOMINIC AURICHI0, ESQ.: What's happening here is simply that we're changing the location of the right-of-way. Dick's clients have a map all prepared and they haven't filed it yet and theni?~it"s going to continue over an established road on that map and continue over the land of Lang to the land of Ofrias. That will be in place instead of any other previously existing rlght~of-ways over each parcel of land to the land~.6f Ofrias. Southold Town Board of Appeals -19- April 13, 1978 RICHARD CRON, ESQ.: That's it in a nutshell. THE CHAIRMAN: Does anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests approval of access, east side Laurel Avenue, Southold, New York. The findings of the Board are that the proposed right-of-way has been agreed to by all parties concerned. 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. ©n motion by Mr. Gitlispie, seconded by Mr. Grigonis, it was RESOLVED, Philip J. Ofrias, Jr., Bayvmew Road, Southold, New York, be GP~NTE~ approval of access over a right,of-way extending from Laurel Avenue to the land of Ofrias, the right-of-way to be contained in the bed of ~he proposed "Long Creek Drive" as shown on the survey of December 16, 1977, by Van Tuyl, subject to the following conditions: The right-of-way shall be inspected by the Board of Appeals. Town Counsel will review all documents to make a determination of legality. This action is subject to the execution of suitable legal documents signed by all parties concerned. Vote of the Board: Ayes: - Eessrs: Gillispie, Grigonis, Doyen, Maimone. On the mo%ion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated March 31, 1978. Vote of the Board: Ayes: - Messrs: Gillespie, Grigonis, Doyen, and Maimone. On motion by Mr. Maimone, seconded by Mr. Gillispie, it was Southold Town Board of Appeals -20- April 13, 1978 Eight (8) Sign Renewals were reviewed and approved as submitted. On the motion by Mr. Doyen, seconded by Mr. Maimone, it was RESOLVED that the next meeting of the Southold Town Board of~Appeals be held at 7:30 P.M. (E.S.T.), Thursday, May 4, 1978 at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. On motion by Mr. Gillespie, seconded by Mr. Grigonis, it was RESOLVED that a special meeting of the Southold Town Board of Appeals be held at 10:30 A.M. (E.S.T.) , Friday, April 21, 1978, at the Town Hall, Main Road, Southold, New York. Vote of the Board: Ayes: Maimone. Messrs: Gillispie, Grigonis, Doyen, The meeting was adjourned at 9:40 P.M. (E.S.T.) tfully submitted, M~ry~. Dawson Secretary