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HomeMy WebLinkAboutZBA-11/30/1978 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPIE, JR., CHAIRMAI~ CHARLES GRIGONIS. JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS Southold Town Board of Appeals SOUTHOLD, L. !., N.Y. 11971 TELEPHONE (516) 765-1809 MINUTES Southold Town Board of Appeals November 30, 1978 A regular meeting of the Southold Town Board of Appeals~was held at 7:30 P.M. (D.S.T.) Thursday, November 30, 1978, a% the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr.,~Cb~ir- man; Serge J. Doyen, Jr.~ Terry Tuthill and Robert J. DoUglas~i' AlSo present were: Dick Curtis, Suffolk Weekly Times~and Shirley B~chrach, League of Womens Voters. RESERVED DECISION: Appeal No. 2489. Application of! E~elyn C~ Otsen, Main Road, Laurel, New York for permission to constru~ an additio~o the existing building. THE CHAIRMAN: Is Mrs. Olsen here. .~J~SE~H C~ CORNELL: We are here to represent her We have been over this with minds, and this is defini~ ant. Legally, we cannot ~ objection to it, bu:t could eventually be would be if the Town sin~e an ~e originally in a ~st some guidelines of the effect~s ions and we would b~ slating Board in B industrial Zohes. ~ one of the ~s was mo~e and m( ~0i'ng ~nto :s zones and industrial zones. So they.changed'the laW. This Board cannot legally grant a variance for a residence Ln a business area~ If Mrs. Olsen would like to withdraw the application without prejudice to a future application if the Town does eventually change th~ Ordinance, %' · S~UTHOLD TOWN BOARD OF APPEALS -2- November 30, 1978 it might be better to do it that way. Or we can just deny it and give the reasons. Here are some of the reasons from the State guide: In any effective zoning program the municipality closely monitors non-conforming uses designed to encourage the phasing out of these uses. Certain ~ realities temper such desires especially when the community is faced with an existing non-conforming use which seeks a variance to rehabili- tate or rebuild its premises. A non-conforming use must not only prove that without a variance it is incapable of yielding a reasonable return~ You cannot say that since that land is zoned business it cannot yield a reasonable return, which is one of the things you must prove to get a change of this character. That's out. It is alreading operating as a business. "It must also negate the possibility of a fair yield from all permitted uses as well. Since these non-conforming uses are of~n~a~ on-going business or existing structures with inhabitants, munici- palities are often reluctant to construct proposed expansion or to frustrate ambition. Under pressure, Zoning Boards of Appeal have often construed the showing of a rational business or personal need to alter, remodel or repair existing facilities as paramount to demonstrate the unnecessary hardship. Although frequently used to justify cases for granting use variances as opposed to an area variance. Use variances are far more serious in zoning parlance. Although frequently used as justification for grnting use variances, items such as those listed be- low ars significantly insufficient to satisfy the rigid court require- ments for determining unnecessary hardship; Efficient operation of the business, that is not legally a reason. That is one of Mrs. Olsen's reasons. Increased income cannot be used. Modernization of the facilities cannot be used. Need for retirement income cannot be used. Increase in family size or desire to build additions cannot be used. All these things are not permitted as reasons to grant a variance of this type. I do not know if you can explain it to Mrs. Olsen or not. JOSEPH C. CORNELL: Are these things recommended facts here? THE CHAIRMAN: These are guidelines from the State of New York. MR. CORNELL: Guidelines, but they are not ..... THE CHAIRMAN: We interpret them as applying here. MR. COP~ELL: It is interpretted by this particular Board. THE CF~IP~LAN: And by Town Counsel. MR. CORNELL: ~nd by Town Counsel. Fine, now~ I go along with this. However, you have a te~rifi~ hardship case here~ I t~ink You ~ho~id base i~ o~ ~a~ th~ f~cts a~e behind it. Because i~ you 6~a~ do this w~th Mother/DaUghter homes when they say they~are going to'haVe a ha'rdMhip if the~ ca~'~ have it expecially when it is against the Town ordinances and building ~ode and what have you and they a~e permitted to put in a Mother/D~ghter home due to hardship, I don't see ~hy this' cantt be done. You are not setting a precedent in this particular case. I think if you are going to use guidelines it can be a partiCular case as you have done with the Mother/DaUghter homes-. I do not think ~his should be singled out because you are interpreting this.~You said these ~ ~ ' S~UTHOLD TOWN BOARD OF APPEALS -3- November 30, 1978 were guidelines. They are not legal reasons. Your Town Attorney says it probably would not be legal. If it wasn't going to be legal, he would say it was not straight out. THE CHAIRMAN: They are not legal here. We have never granted a mother/daughter home. MR. CORNELL: We just had about eight of them in Mattituck go through here. THE CHAIRMAN: What do you mean "gone through"? Do you mean they have been built? MR. CORNELL: They have been built and brought to court, and the matters thrown out. The people are living in them. THE CHAIRMAN: Is that so. I am not familiar with them. I would like to have a list of them. Could you give me a list? MR. CORNELL: Ail you have to do is ask Mr. Rich, and he will tell you. He is the one who threw them out of court. THE CHAIRMAN: These were double occupancy on single residences? MR. CORNELL: Mother/daughter operations from what I understand. THE CHAIRMAN: Two different cooking facilities? MR. CORNELL: Mr. Hindermann is the one who served them with the violations. THE CHAIRMAN: Just because Mr. Rich throws a case out of court it is not sufficien~ reason for us to grant a variance. MR. CORNELL: I aqree ~it~ you. I am not trying to put anyone on the pan here. I~.~am~g~-~6ss~y ~t is UP to you gentlemen to de- termine if this will set a precedent or not. THE CHAIRM~N: When we first started with zoning there were many old houses that could have been converted to two f~mily dwellings. MR. CORNELL: I still a~ree w~ith that. variances in the belief that we were helpin~the Town. We did 4 Or 5 of them. Some right here in Southold. we f~nalIy had one in O~i~nt. A big house on quite a small lot and a~ of the people on the street who had ren~ed rooms Or whowere living i~' part of a ho~se and' usih~bhe other part as a business, as in one case, came in and objected t° us granting this ~ariance. One brother was to live upstairs, and the other brother downstairs. It was appealed to the Supreme Court and the Supreme Court upheld us. The Appellate Division upheld up. When it got to Albany, they ·. ~ S~UTHOLD TOWN BOARD OF APPEALS -~- November 30, 1978 did not uphold us. The Court of Appeals in Albany, which is the highest Court in the State of New York, said we were attempting to write legis- lation, and that was not our function. If the Town Board had wanted two family houses, they would have said so. Since that time the Town did change things and said that if you have twice the square footage you could have a two family house. I think you have a have a point myself. It seems to me that there are quite a few business that can be better run if the person owning the business lived on the premises. I believe that if you present this to the Town Board, you might be able to convince them that the Board of Appeals could do this by Special Exception to the Zoning Ordinance. Right now we cannot do it. The case I just told you about is the only case we ever lost. so I remember it. We were acting in the wrong capacity. MR. CORNELL: However, you are empowered to grant certain dis- pensations on some of these applications such as restaurants next to a residential area or lets say a motel. You are empowered to do this. THE CHAIRMAN: At times, Somehow, some place a Board has to take the responsibility for using its judgment. A Planning Board can draw guide- lines and say what you can do here, there and elsewhere. Some place all that information meshes and that is here. If you want a garage next to a church or a school next to a liquor store, t~ings like that enter into our jurisdiction here. FiR. CORNELL: Isn't that applicable though to most things that come here before the Board? Aren't you still empowered to grant this without going through litigation? THE CHAIRMAN: You can make a wrong decision. THE CHAIRMAN: Now you have answered my question. You do non want to make a wrong decision. You are relying on your attorney to advise you. THE CHAIRMAN: Another reason we do not want to m~ake a wrong decision is because sooner or later someone takes us to court, and I do not know if you have paid any legal bills lately, but they are not fun. There are no fun for the tax payers in the Town of Southold either, which is another reason for us trying to make the right decision. Do you understand? MR. CORNELL: Yes, I do. THE CHAIkW~N: I have seen lawyers charge us quite substantially for things ~hat are already in the files. MR. CORNELL: However, as I said before, would you be creating a precedent because you ruled on this particular application? THE CHAIRMAN: To some extent, we are. We do not like to do things one time. MRS. JOSEPH CORNELL: If I recall correctly when Mrs. Olsen SOUTHOLD TOWN BOARD OF APPEALS -5- November 30, 1978 presented her case she did say that she and she alone would be the only one who would use this as long as she lives. Afterwards, it would revert back to the business zone. THE CHAIRMAN: We could impose that condition, if we were permitted to d0 this in the first place. I do not think this would be a good thing for the Town to have a dwelling unit there indefinitely. It would have to expire. MR. CORNELL: She is 69 years old now. THE CHAIRMAN: I know. But the next man who buys this property is going to be able to prove he cannot use it as it is intended unless he has this residence. MR. CORNELL: Then what do you suggest for Mrs. Olsen now? THE CHAIRMAN: I suggest you ~xptain the problem to the Town Board, and see if you can get a change of zone for her property. We are going to have a meeting of all the Boards of the Town in the next couple of weeks, and I will bring it up. That does not mean you should relax. You should still go and see the Town Board and see what they can do. We can assume then that Mrs. Olsen will withdraw her applica- tion. That wo~d be better than having it denied. On motion by Mr. Gillispie, Seconded by Mr. Douglass, it was RESOLVED that Evelyn C. Olsen, Appeal No. 2489 be withdrawn without prejudice. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that the Southold Town Board of Appeals approve minutes for the November 9, 1978, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. Mr. Andr'ew Wallin was scheduled to have an informal discussion with the Board relative to a home occupation business. Due to the amount of applications on the agenda, Mr. Wallin said he would wait to have his discussion after the regular hearings were held. PUBLIC ~EARING: Appeal Noo 2496 - Upon application of Scott Ben Corp., Main Road, Southold, New York, for a variance in accordance ~ ' SOUTHOLD TOWI~ BOARD OF APPEALS -6- November 30, 1978 with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for permission to construct a front portico on an existing building with insufficient front yard setback and a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112D for permission to have an access with insufficient width. Location of property: Main Road, Southold, New York, bounded on the north by Colonial Uillage; east by Ryan; south by Main Road; west by Boyd. The Chairman opened the hearing by reading the application for a variance to the zoning ordinance, legal notice of hearing, affidavits attesting to its publication in the official n~wspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had be~n made to: Edward Boyd, Colonial Village and Ronald Ryan. Fee paid $15.00 THE CHAIRMAN: The application calls for ~ddi~ion~to~ic~ 2~ be attached to what was formerly Dr~ Rose's office: on the Main Road in Southold which is somewhat larger than the original office. The application is also for a double drivewa~ 19 feet in width on the easterly side of the building. A portico will be built across the face of the building on the north side of the Main Road. In the building will be a restaurant, kitchen, storage, office, sales area, and a dentist's office. Is there anyone present who wishes to speak for this application? WILLIAM B. SMITH: I represent Mr. John D'Albertis and Mr. Wally Coutts. I believe tkat we have met all of the requirements for parking and so forth. THE CHAIRMAN: What did they finally come up with for your parking? MR. SMITH: I believe it was 20 cars. THE CHAIRMAN: Can you get that in the rear there? The original plan which we discussed would have had the driveway in the middle of the building. The only reason for that was to prevent adjoining curb cuts, wasn't it? Or was it some other reason? Do you remember? MR. SMITH: Originally that was proposed that way to save the eno~m~%ree in the driveway. With the 20 feet for the driveway, we will have to take the tree down anyway. THE CHA!.~R~ N: You will have to remove the trees then. After lookin~ at the~r~es~there did not seem to be any way to avoid them. MR. SMITH: The way it is now the big tree stands just about in the middle of the driveway. THE CHAIRMAN: You could not work around the one closer the road, could you? MR. SMITH: We have spoken to the owners of the property next door, the Ryans. They were somewhat agreeable to a few feet being sold, 'SO~THOLD TOWN BOARD OF APPEALS -7- November 30, 1978 hut that will not solve the problem. It has to be a lot more than a few feet. THE C~AIRMAN: The way the trees are located, you could not get two, 10 foot lanes more or less parallel, could you? I have seen driveways where there is a tree in the middle. MR. SMITH: I think they would be two, 8 foot lanes. THE CHAIRMAN: There ms no way you could save the trees. It just would not work out. JOHN DeALBERTIS: Unless at that particular point it could be a one way driveway. Then there is a possibility that the tree can be saved. THE CHAt~A~[: I don't kn'®wmthat even 'if you were able to buy the extra land and it looks like you would need 15 feet, this would still not be solved. ~RC~A~ERTt$: NAt this point I would do almost anything to save the trees. That is a beautiful tree. THE CHAIRMAN: We do not have many left like that one. It adds much to Southo!d. Well, I suggest that any way you can save the t~ees, you do ~.t. I do not think it should be/~ondition of this action, bu~ you can try. How many seats will be in the restaurant? ~A~TERLCO~TTS: No more than 66 seats. THE CHAIRMAN: The other uses will be a professional office in the present dentist office and this part marked sales area is for the liquor store. Is that right? MR. DeALBERTIS: Yes. THE CHAIRMAN: There will be no display on the front portico, will there? MR. DeALBERTIS: No, that is against the law. THE CHAIRMAN: Is there anyone else who has any questions? (there was no reponse). Does anyone wish to speak against this application? ~RS. SHIRLEY BAC~CH~ I would like to speak in favor of the trees. I think so~e conditi°n S~n~be put in the decisiOn about those trees. THE CHAIRMAN: I agree with savmng the trees. I don't think the Board can, though'~-under our Ordinance condition the action of the Board. MR. SMITH: If it would not hold up the project because they would like to get going, Mr. DeAlbertis is willing to get Mr. V~n Tuyl up and survey the building area ~nd the trees and get back to you about : SOOTHOLD TOWN BOARD OF APPEALS -8- November 30, 1978 how many feet between the building and the tree and so forth. THE CHAIRMAN: With a view to saving the trees, even to save one of them would help Southold, I think. Do you know how old they?are? MR. SMITH: That big maple tree is about 115 years old. THE CHAIRMAN: Does anyone else have any questions or objections? (there was no response). After investigation and inspection the Board finds that the applicant wishes to construct a portico across the face of a building to be renovated b~-adding a liquor store and restaurant. The driveway will be located to the east of the building, but will be only 19 feet wide. The colonnade on the front of the building will greatly improve the appearance of the building and add to the character of the Village of Southold. The 6 foot addition of the Colonade reduces the front yard setback by 3 feet, and will have no significant effect on the area. The Board finds that the strict application of the Ordinance would p~O~uce practical difficulties or unnecessary hardship; the hardship ~'~ed ls unique and would not be shared by all properties alike in the i~ediate vicinity of the 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. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Scott Ben Corp~ai~n~Road, Southold, New York, be GRANTED permission to construct a.front portico on an existing building with insufficient front yard setback and GRANTED permission to have an access with insufficient width. Location of property: Main Road, Southold, New York, bounded on the north by Colonial Village; east by'Ry'~;_, south by Main Road; west by Boyd, subject to the following conditions: (1) Site Plan Approval of the Planning Board. (2) Suffolk County Planning Commission Approval. (3) Applicant will explore all possibilities tb ~kD°~t an~ 'ar~an~g~me~% ~h the Ryans and the Board of Appeals with ~ vleW:to saving ~he two maple trees on the easterly side of the Applicant's property. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass~ PUBLIC HEARING: Appeal No. 2490 - Upon application of G~abie- Scudder Appliances, Inc., Main Road (S. R. 25), Mattituck, New York, for a special exception to the Zoning Ordinance, Article VI, Section 100-60 C 2 for permission for a seco~d wall sign. Location of p~operty: SOUTHOLD TOWN BOARD OF APPEALS -9- November 30, 1.978 Main Road (S. R. 25), Mattituck, New York, bounded on the north by Main Road (S. R. 25); 9~st b~ DeMaula; south by Moore; west by Main Road (S. R. 25). -- ~-_~ ~. c' The Chairman opened the hearing by reading the application for a special exception to the zoning ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a state- ment from the Town Clerk that notification by certified mail had been made to: Roy Reeve; Anthony DeMaula; R. C. Kopf; and J. Moore. Fee paid $15.00 THE CHAIRMAN: The application is accompanied by a survey of Young and Young dated July 31, 1978, showing the preferred location for the sl~n and indicating some of the curve on Main Road at the point in the center of Mattituck. The Grabie-Scudder business is located on that curve. Is there anyone present who wishes to speak for this application? LAWRENCE SCUDDER: I am the President of Grabie-Scudder appliances. The sign which I wish to construct will not only, I hope~ identify the building as people come around the corner, but also will be in keeping with the current design of the building. The building has been completely redecorated on the outside. They will be in keeping with the building and will not be ostentatious. I hope to make that whole corner of Silk- work and my building blend together. I feel that the signs on that one side will help give me an identity as far as people recogni~ng the place as they come around that corner. THE CHAIRMAN: Several things occurred to us while we were out looking at the business. In the past where a business building faces on two streets,/g~nted permission for two wall signs, one on each side of the building. I think the Board is favorably inclined toward this sign. We wen~ back and viewed the sign from the right lane of Route 25, and it appears you can seethe present signs. MR. SCUDDER: Do you mean the lighted sign on the pole? That is not the sign for which I am applying for permission. THE CHAIRMAN: But that is your sign, right? It appears to us that it will block part of the location you have chosen for this second wall sign, I do not know if you have thought of that or not. MR. SCUDRER: The way I worked this was I went out and stoOd in the center of the roa~ as far down as I could from'Silkworth and still see the building, i~hink it will still effectively do what I propose. It will also make that side of the building blend in to the color scheme of the entire building. I think it will all fit together. THE~.~HAIRMAN: One thing we thought you might do is to take down the standin~ ~ign~ and save it. Why do you need two signs on that Side? MR. SCUDDER: The only purpose of the standing sig~ is that it is lighted. SOUTHOLD TOWN BOARD OF APPEALS -10- November 30, 1978 THE CHAIRMAN: I know that sign blocks ~h~ parking, but you have an investment in it. This second wall sign you are requesting, will it be lighted? MR. SCUDDER: No. THE CHAIRMAN: You know you are permitted 2 feet for each foot of space. How big will your sign be? MR. SCUDDER: It will not exceed that in any sense of the word. THE CHAIRMAN: What will the length of the sign be? MR. SCUDDER: It will extend on either side of the air-condi- tioner which is over the door now. It has leaded glass window there which will be covered. It is 24 inches high and will cover all those windows. It will also allow me to take some of the clutter out of the window below that. It will look a little better. THE CHAIRMAN: Are you still going to have that MAYTAG sign there. MR. SCUDDER: That will come out. THE CHAIRMAN: That detracts from your entire operation. MR. SCUDDER: No doubt about it. THE CHAIRMAN: Any sign we can talk~U out of we.'~.~l. There are an awful lot of signs up there in the windows. MR. SCUDDER: I plan on taking as many of them out as I can. The only ones I cannot .take out are on the other side of the building in that alcove. The paper is hung on the inside and there is nothing on the inside until I can get enough money to brick that straight across and bring the window out. I would like to do that as soon as I get the money~ THE CHAIRMAN: Generally speaking you are not in favor of those interior signs are you? MR. SCUDDER: Not at all.. I want to get as much clutter out of there as I possibly can. I think it is to my advantage to make it clean and neat. THE CHAIRMAN: It is true that the building has been depreciated by the clutter of window signs.over which we have no control. MR. SCUDRER: I think one of the reasons for the window signs in the past was that the owner did not take the time or effort to try and get the problem solved in the right way. That is what I am trying to do now. If ~ can get the second wall sign, all the window signs will be removed $6UTHOLD TOWN BOARD OF APPEALS -11- November 30, 1978 THE CHAIRMAN: I am glad you are taking an aesthetic interest because that is one of the first buildings seen when a person enters the Town of Southold. MR. SCUDDER: Very true, and it can be a tremendous asset to the town. That is what I would like it to be. If all things come to pass, I would prefer to have the parking behind the building, and alleviate that traffic hazard all together. THE CHAIRMAN: Does anyone else have any questions? (there was no response). Is the~e anyone who wi~hes to speak against this application? (there ~a~S~n~.~sponse). MR. TUTHILL: By granting this request it appears to me that overalll we will get significant improvement rather than any deter- ioration of the premises. As a Mattituck resident I am very interested in what looks good and what doesn't look good. I am glad those signs are coming out. After investigation and inspection the Board finds that the applicant wishes to have permission for a second wall sign on his b~ilding. The findings ~of_.the board are that the applicant's property is located on a bend on Route 25 an Mattituck and really requires more than one wall sign for proper identification. In discussing this with the applicant we find he is agreeable to removing m~ny of the window signs which we hope will be accomplished. 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 the 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. Tuthill, seconded by Mr. Gillispie, it was RESOLVED that Grabie-Scudder Appliances, Inc., Main ~Road (S. R. 25), Mattituck, New York, be~N~permission to erect a second wall sign on his building. Location of property: Main Road (S. R. 25), Mattituck, New York, bounded on the north by Main Road (S. R. 25); east by De~aula; south by Moore; west by Main Road (S. R. 25), subject to the following condition: (1) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2495 - Upon application of James E. Gibbons, Lighthouse Lane, Southo~ld, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking SchedUle SOUTHOLD TOWN BOARD OF APPEALS -12- Novermber 30, 1978 and a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Lighthouse Lane, Southold, New York, bounded on the north by Jockey Creek; east by Hamilton; south by P~ilert; west by Karlin. The Chairman opened the hearing by reading the application for a variance to the zoning ordinance and recognition of access, legal notice of hearing, 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: Betty Karlin, and Elizabeth G. Hamilton. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a survey which our figures indicate~theproperty to be divided is well in excess of 80,000 square feet. In fact one parcel will have 53,000 square feet and the newly created parcel will contain 40,000 square feet. The County Tax Map indicates 2.2 acres. The access is black topped and beautifully maintained. Is there anyone present who wishes to speak for this application? MR. WILLIAM POLLERT~ What you read is exactly the case. The properties around there will not be interferred with, and any improve- ment of that property could only be an asset to the community. THE CHAIRMAN: It is a beautiful location. I think the only reason for this hearing is that this is not on a public road. It is a private road, and requires approval of access by this board:. Also because the present Zoning Ordinance of the Town of Southold requires 150 feet of width, which neither of these lots will have. However, it is water front property of Jockey Creek and beautifully located. Is there anyone who wishes to speak against this application? ~there was no response). After investigation and inspection the Board finds that the applicant who owns 2.2 acres of property wishes to divide, it into two parcels. The house lot will contain 53,000 square feet and th~ newly created parcel will contain 40,000 square feet. The access to the property i~ black topped and beautifully maintained. The Board-a~r.~es with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the ~ardship created i~ 'Uniq~ and would not be shared by all proPerties?alike in the immediate ~icinity of the property and in the sa~e 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. Gillispie, seconded by Mr. Douglass, it was RESOLVED that James E. Gibbons, Lighthouse Lane, Southold, New York, be GRANTED permission to divide property with insufficient ~idth and GRANTED recognition of access. Location of proPerty: Lighthouse ~ SOUTHOLD TOWN BOARD OF APPEALS -13- November 30, 1978 Lane, Southold, New York, bounded on the north by Jockey Creek; east by Hamilton; south by P6ilert; west by Karlin, subject to the following conditions: (1) There be no further subdivision of either of the lots created. (2) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 24:91 - Upon application of George L. Penny, IV, Soundview Avenue, Southold, New York, f~r a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area and for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to have a stable less than 40 feet from any property line. Location of property: Soundview Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue;~ west by Charnews. The Chairman opened the hearing, by reading the application for a variance to the zoning ordinance, legal notice of hearing, 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: John Charnews and John Schriefer. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a survey of Van Tuyl dated February 14, 1972. The stable is dr'a~n in with pencil. There Ks another building in the front yard area that has not been pencilled in. When we were out there, we were u~able to determine exactly where the line is because Mrs. Penny told us you had exchanged property with a neighbor or you had acquired some additional property to the west. GEaRGE L. PENNY, IV: That property is included in the survey. THE CHAIRMAN: We weren,t able to establish the line when we were out there looking at it. MR. PENNY: The line runs through that swamp. The property line actually starts in the swamp and runs up to the road. THE CHAIRMAN: We are talking about the distance from the side- line~ MR.~'PENNY: There is more than enough room. You cannot pinpoint the property line because you have to walk into the water to find it. THE CHAIRMAN: It looks as though 40 feet took you down into that ~ ' S~UTHOLD TOWN BOARD OF APPEALS -14- November 30, 1978 debris that you shoved down in the MR. PENNY: The Property line is past that,. THE CHAIP3IAN: Did you have any problems with DEC on that. MR. PENNY: No, that is fresh water. THE CHAIRMAN: Why would you go ahead and build this without a building permit? MR. PENNY: My wife went to the Building Inspec~or,-H~.~e asked him what was required and at the time we went into this project, we were unaware of the back yard, front yard situation. We were told we had ample room and it would be okay to have 2 horses there. We failed to go into/~ depth, ~hat's when we found out what we considered our backyard was actually our front yard. We have an awful lot of front yard accordi~g~o zoning. THE CHAIRMAN: There are some instances where that could be considered a self-imposed hardship. You did not have to put the house on the bluff. That%s your choice. I put mine on the bluff. As a result I have no back yard either. You are in the building business aren,t you? Shouldn't you know something about permits and something about the zoning ordinance? I mean more than the ordinary citizen. MR. PENNY: I am in the building supply business, not in the building business. I do not get involved in the actual building. THE CHAIRMAN: There is also another building on the property that has no permit. What kind of a building is that? MR. PENNY: That is a play house, and there is no foundation or slab under it. THE CHAIRMAN: Everybody else in town gets a building permit for s~mething like that. MR. PENNY: I well intend to. I just have not done it yet. TI{E C}tAI~/~AN: The Board is not normally very judgmental about this type ~f thing, but it does seem, to ~mS anyway that to whom much one who Works for a lumber company and'his name is Penny. MR. PENNY: Well, I'm sorry I don't keep up on all that. THE CHAIRMAN: Not that we care. You belittle yourself, not us. MR. TUTHtLL: You do know George that you do get a building permit before you build something? S6UTHOLD TOWN BOARD OF APPEALS -15- November 30, 1~78 MR. PENNY: And a variance. THE CHAIRMAN: Is there anyone else who has anything to say about this application? MR. LYTLE: May I ask the square footage of Mr. Penny's lot. THE CHAIRMAN: The survey says 1.78 acres. Two horses are permitted on 40,000 square feet. He cannot stable them closer than 40 feet to a lot line. Off-hand it appears to us that this is at least 40 feet from any lot line. Any other questions? ~t~r investigation and inspection the Board finds that the applicant wishes to construct a stable in the front yard area which is 40 feet from any lot line. The findings of the Board are that the applicant has ignored the Zoning Ordinance with regard to obtaining a timely building permit. However, the Board's procedure is not to inflict penalties for this type of violation since many people are excusably u~aware of all of the rules and regulations3~and red tape that exist in today's living. ~ ' ~ ~_~' ~ 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 the 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 of Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that George~L'. Penny, IV, Soundview Avenue, Southold, New York, be GRANTED permission to construct a stable in the front yard area closer than 40 feet to any lot line. Location of property: Sound- view Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by Charnews, subject to the following condition: (1) The applicant shall obtain a building permit for the stable and will also get a variance for the other accessory building presently in the front yard area (play house). This approval shall not become final until that matter is resolved. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2492 - Upon application of Everett and Alice Swenson, 230 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10~0~-32 for permission to consEruct a carport in the frOnt yard area with ~ reduced front yard setback. Location ~f property: Wesland Road; east by BerSe and Phillips; south by Chestnut Road; west by Dickinson and Eisele. SOUTHOLD TOWN BOARD OF APPEALS -16- November 30, 1978 The Chairman opened the hearing by reading the application for a variance to the zoning ordinance, legal notice of hearing, 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 had been made by certified mail to: Jan N. Berse; Wesley R. Dickinson; Francis X. Eisele; James Phillips. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated January 21, 1977, indicating the situation that applies to the applicant who has a one story, frame house on Wesland Road, and whose property runs through to Chestnut Road with 20Q feet of road frontage on Chestnut Road. Is there anyone present who wishes to spea~for this application? EVERETT SWENSON: I would like to speak for my application. I think everything that I have said is the truth. I need this shelter for my vehicles especially in the winter time. The Board can ree~ll the day they visited my property, that it is not very easy to back down my drive- way. THE CHAIRMAN: Toughest one I ever hit. MR. SWENSON: In the winter time with snow and ice ...... · HE C~AIRMAN: The next time I come, I will ask your permission to come in. MR. SWENSON: I would appreciate that. With regard to my surrounding neighbors, I have a neighbor across the way who has a truck and a car and those two vehicles are facing the road and my front yard on Chestnut Road. Those vehicles are within a few feet of the road. I think a carport would be certainly more in keeping with the decent appearance of the property. THE CHAIRMAN: When you bought this property, there were three lots involved in the sale. Did you just recently purchase this property? MR. SWENSON: I have only owned this property for 2 years. I bought it exactly the way you see it. THE CHAIRMAN: I just wondered what the reason was for buying the three lots in that area. MR. SWENSQN: Mr. Tuthill should know, he sold me the property. He could explain how the land came split like that. There Wer~ 2 deeds. One for three lots and~another deed for the fourth lot. Third lot, not fourth. The small section behind the Eisele property was the last par- cel that was purchased. That is on a separate deed. I think that is 50 x 113. That was purchased by the former owner. THE CHAIRMAN: I thought maybe the purpose was to sell off~.'~a lot. Alot of people have done that. Buy two lots and sell the other. MR. SWENSON: I have already been told that would be impossible. SOUTHOLD TOWN BOARD OF APPEALS -17- November 30, 1978 I ~could not se~l any part of that land. I would construct the carport in good taste and in a neat manner for the rest of the neighborhood. THE CHAIRMAN: I think you are familar with our suggestion to avoid putting this in the front on Chestnut Street which was to place your garage at the end of your present parking area. It may be turned into a garage later. MR. SWENSON: I have investigated that possibility. I found out that the cost of this plan would be prohibitive. I Would still have to contend with a very bad driveway in the wintertime. THE CHAIRMAN: You mean the one we came up. MR. SWENSON: It would still be my only access. THE CHAIRMAN: You do not think that~would be improved by widening %hat driveway? MRS. SWENSON: No, we have that drop of land there. MR. SWENSON: Not without a3lot 'of hardship~ THE CHAIRMAN: It looks to me as though you are going to run into alot of hardship if this were granted to you in this location. You would have to go through what appears to be 6 or 8 feet of ridge before you get to ~hestnut Road. MR. SWENSON: It is almost a straight line, as far as the terrain is concerned. Cutting through from Chestnut Road involves a very small incline. THE CHAIRMAN: It doesn't take much to fill your garage with water. I think you will have to have retaining walls on both sides of this driveway. MR. SWENSON: I plan on having those. THE CHAIRMAN: It looked to us that you would have to drop down about 6 feet if you were going to keep it the level of the old garage. That is quite a construction project, with those big trees to take out. MR. SWENSON: I realize that. I would rather risk that then get involved in'~oing back into that hill and having that terrible drive- way to contend~w~th. THE CHAIPdVa~N: You realize our position here is that the house nearest to you on Chestnut Road on the south Side Of the road is about 35 feet from the road. What you propose to do is 21~I~%feet from the road. Yet you have a lot that is 234 feet deep and you have 200 feet of have a~lot of room on that property. ~ ' S6UTHOLD TOWN BOARD OF APPEALS -18- November 30, 1978 MR. SWENSON: I would still like to have the carport in the location that I showed you. THE CHAIRMAN: The property on either side of you is undeveloped? MR. SWENSON: Yes. THE CHAIRMAN: When the people who own this property come along and want to build a house they will have to have a 35 foot set back. There will be your garage only 21-1/2 ~eet from the road. This is why we have front yard set backs. The setback has been established on Chestnut Road by the house that is already there. We stopped to measure it, and it is 35 feet from the road. My opinion is that you should locate this somewhere else on the property. It should be at least 35 feet from Wesland Road and from Chestnut Road. Then it should be at least 10 feet from any side yard line. MR. SWENSON: If my neighbors adjacent to me who might build homes in the future are concerned about the location of the carport, why aren't they here to speak themselves. Why are you speaking for them? Why would I go to the expense of notifying these people so I can stand here and be heard? I could have just as well never notified them. THE CHAIRMAN: Because that is our job. Their job is not to enforce the ordinance. MR. SWENSON: If they are not here to complain about the loca- tion of the carport, then it is not objectionable to them, is it? THE CHAIRMAN: Many people take the view that the many boards of the Town should operate in conformance with the rules and regulations of the ordinances. It is not necessary for the pnblic to be in constant attendance at the meetings to make sure this is accomplished. That is elementary. MR. SWENSON: Why are we required to notify them? THE CHAI~i~AN: It is a legal requirement of our Ordinance. We personally objected to it strenuously beCause your neighbor might be in Florida or Europe. You notify them out of courtesy. !%~~-~ ?~ M~. SWENSON: The party on one side of m~%~uope~ty I understand has a var~i'ance ~6~construct a home on a piece of ~r0pertY iess ~han what is required. That variance was given to this party about 10 years ago.~~ I only pu~cha~s~d this-home two years ago. I have nothing to say about him b~iidi~q his home On that p~ece of property out of t~e norm~i set back and distance from~my house. When I was sold this home, the seller never gave me this information and told me about the variance. He never even told me I did not have a back yard. THE CHAIRMAN: Why should they? MR. SWENSON: Why shouldn't they? ~ S~UTHOLD TOWN BOARD OF APPEALS -19- November 30, 1978 M~. TUTHILL: Could you not solve your problem there by putting the carport on the side instaad of on the back of the garage. Couldn't that carport go on the east side of the existing garage. That would then give you a straight driveway out to Chestnut Road. MR. SWENSON: I have a staircase on that side of the garage. It would mean I would have a staircase between two walls. It would not be very practical. MR. TUTHILL: A carport to me has 3 walls. Is tha~ what you have in mind? MR. SWENSON: Yes, but one of those walls would be adjacent to that staircase. MR. TUTHILL: I would hot be as big a deal to change the stair- case as it would to bulldoze out the ridge. It would seem to me that it might be a solution for you and would provide the proper set back. THE CHAIRMAN: That would give you 37-1/2 feet according to the makks on the survey. I think that would be violated by going parallel to the ~a9~%~ Is that what you are talking about, Terry? MR. TUTHILL: Yes, either side, but on the east side is where I was talking about. THE CHAIRMAN: Yes, that is a suggestion that would be suitable. MR. TUTHILL: That would be on the west side of the garage. MR. SWENSON: I have a hollow there. The land dips there, and I would have to fill it in. THE CHAIRMAN: The corner of the present nearest the street, if you eliminate the shed and the stairs is 37-1/2 feet. You can't really go over to the southeast side of the building. That would mess up the upstairs. You would have to go on the other side anyway. MA. TUTHILL: On the other side would certainly give you the distance from the set back and would also solve your driveway problem. The only differenc~ is that if you built the way you applied for, you are going to have to dig. If you put it on this side, you are going to have to fill. MR. SWENSON: I would still use Chestnut Road as my a~icess no matter where I put it. I will just be pushing the dirt around. I want a short access with a limited amount of slope so I won't have to kill myself getting in and out of the driveway. THE CHAIRMAN: We have often had requests for garages close to the road based on the hardship of removing snow. While we can sympathize with this, it is a universal hardship, an~ if that was used as a b~sis, fo~ S6UTHOLD TOWN BOARD OF APPEALS -20- November 30, 1978 granting variances, we would be moving all the garages to 10 feet or whatever. The most serious objection to this is what happens to the people across the street? Now people who have waterfront property, and this happens frequently, you have houses on the water side and garages on the road. MR. SWENSON: What is the difference in my garage facing the street or someone else's cars and trucks facing the street? · HE CHAIRMAN: We do not have control over vehicles. That job belongs to New York State. We have a little control over parking areas. MR. SWENSON: I propose to make a decent looking structure to shelter these two vehicles. THE CHAIRMAN: That is fine, but it is too close to the road. We can control the erection of structures, not the location of cars. You could park your car over here every night. I do not know if you have thought about it or not, but you have a couple of beautiful vehicles, this would be wide open to vandalism up there. It will be above you,200 or 300 feet from your residence, and it would seem to me that you would want things a little closer if I was going to invest what th±s will cost. MR. SWENSON: I would like that too. TH~ CHAIRMAN: I think it would be more convenient for you if you widened that driveway a little bit. I don't know who determined the width of that driveway, but they obviously economized quite a bit. Was that there originally. MR. SWENSON: Yes. MRS. SWENSON: Mr. Metzendorf fell down in the gully and was pulled out by a tow truck. MR. TUTHILL: He also put sealer on it by hand at the age of 75. THE CHAIRMAN: Someone also put a bunch of rocks at the bottom of it so you are guaranteed to have an accident. MR. ~WENSON: I think they were put there by THE CHAIRMAN: Does anyone else wish to speak on this applica- tion? (there was no response). Does anyone wish to-speak against this application? After investigation and inspection th~ Board 'finds that the applicant wishes to construct a carport in !.~ f~ont yard area of his property on Chestnut Road, Southold, New York. The findings of the Board are that the applicant's property is 234 feet in ~i~h with 150 feet of depth over most of the length of the property and~'200 feet of depth over~m~r~A~h~n half of the property and there is adequate space on the remainder of the property to accommodate a carport or garage to 'SOOTHOLD TOWN BOARD OF APPEALS -21- November 30, 1978 house the applicant's vehicles. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by a~l?lLproperties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Everett Swenson, 230 Wesland Road, Southold, New York, be DENIED permission to construct a carport in the front yard area with a reduced front yard setback. Location of the property: Wesland Road, Southold, New York, bounded on the~east by Berse and Phillips south by Chestnut Road; west by Dickinson and Eisele. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. HOWEVER On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Everett Swenson, 230 Wesland Road, Southold, New York, be GRANTE~ permission to construct a carport that is at least 35 feet from any street line and at least 10 feet from any side yard line. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2493 - Upon .application of John and Patricia Koehier, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with Town Law, Section 280A for approval of access. Loca- tion of proper%y: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by Willow Terrace Farms; south by Thompsen; west by Reichel and Gazarian. The reoogn: its Clerk Thompsen; ~ication had been made by certified mail to: Mogens Lize Gazarian and Walter E. Reichel. Fee paid $15,00. THE CHAIRMAN: The sketch accompanying the application shows Majors Pond Road and the property of John a~d '~a~ricia KoehleT o~ t~e Corner of Rowe Drive and Majors Pond Road. Firs~ I should s~te one of the members of the Board is the owner of the Subdivision which this piece of property is a part of. Robert J. Douglass is not participating in this hearing. The access is as good as we have e~er encountered. Ito ~ SOUTHOLD TOWN BOARD OF APPEALS -22- November 30, 1978 is 37-1/2 feet wide and is basically constructed of sand and gravel and oyster shells. We drove over it after light rain, and found it very good. Is there anyone present who would like to speak for this appli- cation? JAMES R. DOUGLASS: I am a~en~ for James and Patricia Koehler and we will probably be doing the construction of the house. The access is not only 37-1/2 feet wide, the overall access on both Rowe~Drive and on Majors Pond Drive is 50 feet and now supercedes the Town requirements for the base. We have gone through that road when the frost came out in the spring when you couldn, t drive on Town roads, and we have never sunk in with a truck. THE CHAIRMAN: Actually, it is an unusually good road. What is the reason for having it 50 feet. Will this eventually be turned over to the Town? MR. DOUGLASS: The way the subdivision on the other section is set up, Willow Terrace which owns all the property in the development and also the park area at the end of original development has controlling interest of the development until the property has been entirely sold. At that p0~nt if the new owners want to keep the roads under their own care, they can or the roads already meet the Town specifications so they could be turned over to the Town at that point. At this point we do all our own work which includes the oiling, snow plowing and everything else. THE CHAIRMAN: That gives the future residents an election to maintain it themselves or dedicate the roads to the Town. Do you know if there is any particular tax advantage for the residents to keep the ro~ds private? MR. DOUGLASS: It is not a~qUestion~ofepaying the road tax, it is the control of who drives on the road ~nd who doesn't. They have their own private beach at the end of the development. THE CHAIRMAN: There you have an advantage. When you give the roads to the Town on the water front do you have to give them 100 feet somewhere? Even though the Town has accumulated so many 100 foot beaches, they do not know what to do with them. Is there anyone else Who wishes to speak for or against this application? (there was no response) Upon investigation and inspection the Board finds that the applicant requests recognition of access on Majors Pond Road, Orient, New York. ~he access meets the presen~ Town requirements for roads and is constructed of gravel and sand. The Board agrees 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 the 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. Gillisp~e, seconded by Mr. Doyen, it was SOUTHOLD TOWN BOARD OF APPEALS -23- November 30, 1978 RESOLVED that John and Patricia Koehler, 23 Ess~ex Road, Essex Fells, New Jersey, be GRANTED recognition of access as requested. Location of property: King Street on Majors Pond Road, Orient, New York, ~ounded on the north by Willow Terrace Farms east by Willow Terrace Farms; south by ~hompsen; west by Reichel and Gazarian. Ayes: Vote of the Board:/ Messrs: Gillispie, Doyen, and Tuthill. PUBLIC HEARING: Appeal No. 2494 - Upon application of Jim Molloy, 26 Treemont Street, Garden City, New York, (Mattituck House MQvers, as Agent), for a variance in accordance with the Zoning Ordin- ance, Article III, SectionfI~00~33 and Bulk Parking Schedule for per- mission to move a building with insufficient front yard area. Location 6f property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. The Chairman opened the hearing by re~ding the application for a variance to the zoning ordinance,~ legal notice of hearing, 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 had been made by certified mail to: Robert Berge and Alex Orr. Fee paid $15.00. THE CHAIRF~N: The application is accompanied by a sketch stating Long Island Sound is to the north; Leeton Drive is to the south; and that the new location is necessary because Long, Island Sound is undermining the dwelling which is on piles on the northerly side. The proposal is to move it to the new loc~on approx~ately with the same side yard~e~Da-cks. The building will be 40 feet from Leet~n Drive and the Zoning Ordinance requires a~50 foot setback. This is a lot that was created long before the present zoning requirements for sizes of lots. Is there anyone present who wishes to speak for this application? FRANK ZALESKI: Several years ago I moved the house back to the east of this one. THE~CHAIRMAN: At that,'time did you have to come here to get a variance? MR. ~ALESKI:, No. T~ ~C~AI~RMAN: Maybe you~had enough front yard at that time. It has n&~i~disap~eared. MR. ZALESKI: Mr. Terry said at that time it was alright to do what we had to do. THE CHAIRMAN: One thing that looked good down there was those new aluminum groins. How long have they been there? · SOUTHOLD TO~ BOARD OF APPEALS -24- November 30~ t978 MR. ZALESKI: They were just finished last month. THE CHAIRMAN: Ail those up and down the beach? So you don't know any history on them? MR. ZALESKI: No. THE CHAIRMAN: They looked like they were doing a good job. But they were on the wrong side for this house. If you put one in closer to the west side of the house, would that help? MR. ZALESKI: I had nothing to do with those. THE CHAIRMAN: I mean if you put a groin 100 feet west of the one near the house. MR. ZALESKI: I think they should be a little bit higher. I didn't install them, so I will stay out of it. THE CHAIRMAN: The nearest one to Chis house on the west side is 400 or 500 feet. Ha~e the people to the east of the Molloy house been helped by the groin? MR. ZALESKI: I don't know, they we~elJust finished. THE CHAIRMAN: When we were there, it looked as though they had already started to build up already, MR. ZALESKI: The last time I was there was when I went to get the information for the permit. THE CHAIRMAN: The lateral drift is from west to east.-~t the reverse on the south side. MR. TUTHILL: Are they going to bulkhead that in the front? They are going to leave it the way it is? Won't you have a same problem in a few years? MR. ZALESKI: I don't know what the man has in mind. He is not going to bulkhead this. He just wants to move the house back from the water and save it. M~R, TUTHILL: That I can understand because it is just hanging there. BUt eventually, it seems to me that he is going to have the same thing happen again. MR. ZALESKI: Then the whole beach will be gone too. MR. TUTHILL: Could be. MR. Z~LESKI: I built some groins at Kenny's Beach with rocks. The rocks were so high you could not see over. them. When I went back three months later, you could just walk over them. ' SSUTHOLD TOWN BOARD OF APPEALS -25- November 30, 1.978 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response). Upon investigation and inspection the Board finds that the applicant wishes to move his existing house back 15 feet from Long Island Sound due to water erosion which necessitates a reduced front yard area. The findings of the Board are they are in sympathy with 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 Dihared~-by ai!'~r~rties alike in the immediate vicinity of the 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. Tuthill, it was RESOLVED, that Jim Mollgy, 26 Treemont Street, Garden City, New York, be GRANTED permission to move a building with insufficient front yard area. Location of property: L'eeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. An informal discussion was held with Mr. Ande~s~W~llin, 196 Gull Pond Lane, Greenport, New York, relative to a gun smith dealer business at his home. The Chairman reviewed the file and read all the pertinsnt correspondence and a copy of the East Hampton code on home occupations. Mr. Wallin advised the Board as follows: (1) This will be a "hobby? and Mr. Wallin will not be dependent upon this for income. (2) There will be no outside display of merchandise or any advertising. (3) Any bluing of guns will be done by a company in New Jersey and not done on the premises. (4) Mr. Wallin will be dealing in mostly shot guns and rifles. (51 There will no stoarge of explosives or ammunition on the premises for resale purposes. (6) There will no test firing on the premises. ~71?~h~'wil%'b~ ~es~_%h~guns- '~on~th~p~em~s_a~o~me.'~ ........ Mr. Wallin owns 6 pistols himself which he has permits for~ S~UTHOLD TOWN BOARD OF APPEALS -26- November 30, 1978 It was the opinion of the Board that Mr. Wallin does not need a variance from the Board 6f Appeals for this home occupation business. A letter will be written at the December 21, 1978, meeting on behalf of Mr. Wallin, and a copy of the letter will be sent to Mr. Sawicki, of the Southold Town Police Department On motion by Mr. Tuthill, seconded by Mr. Doyen, it was RESOLVED that there were twelve (12) Sign Renewals reviewed and approved as submitted. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLUED, that the next meeting of the Southold Town Board of Appeals will be held at 7:30 P.M. (E.S.T.) Thursday, December 21, 1978, and set the following times on that date as bime and place of hearing upon the following applications: 7:30 P.M. - Andrew Wallin 7:40 P.M. (E.S.T.) Upon application of Dolores G. Avella, 536 8th Street, Palisades Park, New Jersey (Charles DeVoe, as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a house with a reduced fro~t yard setback. Location of property: Lot no. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York. 7:50 P.M. (E.S.T.) Upon application of Anthony Sponza, Ryder Farm Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a garage with insufficient front yard set- back. Location. of property: Lot No. 54, Map No. 3444, Orient-By-The- Sea, Section Two, Orient, New York. 8:00 P.M. (E.S.T.) Upon application of ~ichard and Donnalee R~lyeal, Drive, Laurel, New York, for a variance in accordance with ~ , Article III, Section 100-32 and Bulk Parking n to construct an accessory building in the fro~ and a variance in accordance with Section 280A of th~ Town Law for recognition of access.- Location of property: Foxhollow ROad and Deer Path Road, Mattituck, New York, bounded on the north by Beier; east by Beier; South by Mattituck Creek; west by Private Road. 8:10 P.M. (E.S.T.) UPon application of Suzanne Clark, 47 Barrow Street, New York, New York, for a variance to the Zoning Ordinance, Article III~ Section 100-31 and Bulk Parking Schedule f6r permission to d~~p~e~ith insufficient width and for a variance to the Zoning · SbUTHOLD TOWN BOARD OF APPEALS -27- November 30, 1978 Ordinance, Article IV, Section 100-41 and Bulk Parking Schedule for permission to have one, two-family house and two, one-family houses on parcels with insufficient area. Location of property: New Suffolk Lane and New Suffolk Avenue, New Suffolk, New York, bounded on the north by Syms; east by New Suffolk Lane; south by New Suffolk Avenue; west by Hartung and Demartini. 8:25 P.M. (E.S.T.) Upon application of Suzanne Clark, 47 Barrow Street, New York, New York, for a special exception to the Zoning Ordin- ance, Article IV, Section 100-40 B for permission to use an existing rooming house as a two-family dwelling. Location of property: New Suffolk Lane and New Suffolk Avenue, New Suffolk, New York, bounded on the north by Syms; east by New Suffolk Lane; south by New Suffolk Avenue; west by Hartung and Demartini. 8:40 P.M. (E.S.T.) Upon application of Apostolos Skaperdas, 310 Merrick Avenue, Merrick, New York, for a variance to the Zoning Ordin- ance, Article XIII, Section 136 and Bulk Parking Schedule for permission to construct a house with reduced side yard setback. Location of pro- perty: Lot No. 130, Map No. 6266, Map of PebBle Beach Farms, East MariQn, New York. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. The meeting was adjourned at 11:00 P.M. Respectfully submitted, /' · BABETTE C. CONROY ~ Secretary