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HomeMy WebLinkAboutZBA-11/09/1978Southold Town Board of Appeals SOUTHOLD, L. !., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPI E, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEIX, JR. TERRY TUTHILL ROBERT J. DOUGLASS MINUTES Southold Town Board of Appeals November 9, 1978 A .regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (D.S.T.) Thursday, November 9, 1978, at the Town Hall~, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Serge J. Doyen, Jr.; Terry Tuthill and Robert J. Douglass. An informal discussion was held with Mr. William smirk, representing Scott Ben COrp. relative to their proposed application to be presented for the No~ember 30, 1978, meeting. Mr. Smith wanted to verify that the proposed plan met with the approval of the Board so the final maps could be drawn for the November 30, 1978, meeting. B~nk ance missii prope~ Road Deborah the hearing by reading fOr a Ordinance, legal notice ~s ~publication in the official newspapers, isapproval )ector. The Chairman also read a statement from the ~otification by certified mail had been made to: Mrs. son, Lewis L. and Deborah D. Edson, Rudolph H. Bruer. Fee paid $15~00. T~TE ( : A Van Tuyl survey of the applicant's property is Is there anyone present who would like to speak on behalf of the application? HO~THOLD TOWN BOARD OF APPEALS -2- November 9, 1978 ABIGAIL A. WICKHAM: For the bank. We would like to support the application for the reasons stated in it. This is merely to help facilitate a traffic problem and increase service to the bank customers. We do not think it will have any negative visual effect on the adjoining property owners. I think I submitted the plans showing the side view, and it will be in character with the present bank design and architecture. THE CHAIRMAN: How many drive-in windows does the Bank have now? ALBERT FICKEISSEN: We have eleven locations. Then we have 3 locations that have the double drive-in facilities. THE CHAIRMAN: The only reason I ask is that in 1952 I sent Henry Fleet, who was '~hen Chairman of the Bank, a post card from Florida showing the first drive-in bank I had ever seen. When I came home, I told him he would have to have many of these, and he said it would never happen here. Is there anyone else who would like to speak for this application? (there was no response.) Is there anyone who wishes to speak against this application? (there was no response.) After investigation and inspection the Board finds that the applicant wishes to add an additional drive-up window to its Southold Branch. The Board agrees with the reasoning of the applicant that this very slight reduction in the side yard area will have a minimal affect on the character of the neighborhood. 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 ob- serve the spirit of the Ordinance. On motion by Mr. Gillisple, seconded by Mr. Douglass, it was RESOLVED that the North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, be GRANTED permission to construct an addition on the Southold Office with insufficient side yard setback. Location of the property: Main Road, Southold, New York, bounded on the north by Main Road; east by Rudolph H. Bruer; south by Grace R~ Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edson. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, TuthiI1 and Douglass. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that the Southold Town Board'of Appeals approve minutes for the October 19, 1978, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. HO~THOLD TOWN BOARD OF APPEALS -3- Noven%ber 9, 1978 PUBLIC HEARING: Appeal No. 2488 - Upon application of Joseph Kubacki, Nokomis Road, Southold, New York, (Abigail~A. Wickham, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Nokomis Road, Southold, New York, bounded on the north by Nokomis Road; east by Stanley and Joyce Garren; south by Russell Freund; west by Antoine H. Van den Heuvel. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of h~aring, 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: Stanley and Joyce Garren, Mr. Russell Freund, and Antoine H. Van den Heuvel. Fee paid: $15.00. THE CHAIRMAN: There is a survey enclosed with the application which shows the irregular shape of the lot. It doesn't give the actual area of the lot~ but I think it is over an acre. ABt.GAIL A. WICKHAM: 34,820 square feet. THE CHAIRMAN: But it is a lot in single and separate ownership? MS. WICKHAM: Yes. THE CHAIRMAN: Is there anyone presen~ who wishes to speak for this application? MS. WICKHAM: For the applicant. Since the application, we have also been able to determine that the lots across the street have a 35 foot setback. Also on the boundary line on Nokomis Road, there is actually 10 more feet available there. So d~iving down the street it would look like the house is set back farther than 35 feet. THE~CEAIRMAN: Yea, it is on the outside of the curve instead of on the inside. Y~u ~do have DEC approval? MS. ~ICKH~AM: We had gotten the approval for Mrs. Zeneski under the moratorium. I~ ~alled DEC and asked if that waS still valid, and they sa~d yes. So I kave written~for a formal confirmation. Then they decided to take another 10ok at it. We have to show them %h~ the other houses ~n t~e cr~e~ what their proximity is to the wetlands, we were down there today, and they are all the same distance that this~house will be. S© I hope this will be okay. THE CHAIRMAN: Do you need any other approvals from anyone else? MS. WICKHAM: We have already gotten the Board of Health Approval on this. THE CHAIRMAN: The reason for this application ~s that you have to reducs the 50'setback that we require when zoning went to 40,000 square SOOTHOLD TOWN BOARD OF APPEALS -4- Noven%ber 9, 1978 foot zoning. Obviously there are many cases where 35 feet works, and this is one of them. MS. WICKHAM: This whole neighborhood has this. THE CHAIR~4AN: Is there anyone present who wishes to speak against this application? (there was no response.) MR. TUTHILL: Did this lot originally belong to Garren; ~he people on the east? Then did they sell to Zeneski? MS. WICKHAM: Yes, and I think at that time, they got a variance. THE CHAIRMAN: I do not remember why. MR. TUTHILL: I seem to remember that Garren used to own this lot. MS. WICKHAM: Zeneski bought it in 1976. THE CHAI~4AN: I think a variance was granted on the lot to the east, but I do not remember what it was for. Was this after the Town went to 40,000 square feet or before that? MS. WICKHAM: It was after. THEiCHAI~: It is an unwieldy parcel~with a~t~0f~ rOadf~%~ge in an area Where the lots are generally smaller. MS~ ~ICKH~M: ~ere it is. Garren got a variance in November of 1973 to dial!de PrOPerty with less than the required area. A~r in~S!tigation and inspection, the Board finds that the applicant wish~ itc Cgi~truct a house with a reduced frOnt yard setback. M~st of the ~ ~i~ fhis area have reduced front yard setback. The Board agrees wit'h~i~re~oning~of the applicant who has already received DEC and Board ~oifi~e~i~h a~proval. The Board ifinds that strict application of the Ordinance would produc~e Practlical difficulties or unnecessary hardship; ~he hardship created ~S ~nique and would not3~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 ~y Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED ~at Joseph Kubacki, Nokomis Road, Southold, New York, be GRANTED permission to construct a house with insufficient front yard setback as requested. Location of property: Nokomis Road, Southold, New~ Yo~k, bounded on the north bY Nokomis Road; east by Stanley.and Joyce Garren; south by Russell Freund~ west by Antoine H. Van den Heuvel. Vot. e of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. SOUTHOLD TOWN BOARD OF APPEALS -5- November 9, 1978 PUBLIC HEARING: Appeal No. 2485 - Upon application of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permissiQn to construct an addition to an existing building. Location of property: Main Road, Laurel, New York, bounded on the north by Main Road (State Road 25); east by Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. 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: Sophie Kander, Frank Ritzer and Katherine B. Tuthill. Fee paid $15.00 THE CHAIRMAN: The applicant has a one story frame office building on the south si~e of Route 25, west of Mattituck. The lot size is 104 by 178 feet or approximately 17,000 square feet. Located on the easterly side in the front of this lot is the one story frame office building. The proposal is to add a 28 by 24 dwelling unit and attack it to the office building. 28 x 24 is 672 square feet. The Code requires 850 square feet. This is one of the difficulties here. Is there anyone present who would like to speak for this application? Do you have anything to add to this, Mr.s.%Olsen? EVELYN C. OLSEN: I was told I did not need 85D square feet if I was going to enlarge the office. I would be using my living room as part of the office. All I am a~king for is a living room, bedroom and kitchenette. This would all go back into the office if I should pass away or move away. I can't keep two places going anymore. I really do need this. THE CHAIRMAN: Have you made arrangements to sell your house? MRS. OLSEN: Yes. THE CHAIRMAN: ~a~ problem here is that this is a dwelling ~nit in a business ~hich is specifically prohibited under the O~d~nance. We have in~{~ated every-angle that we could to try to help you out. I think everyone is sympathetic. We would like to help, but we do not see how We can. It is simply prohibited to build a dwelling unit there. MRS. OLSEN: The house next to me is not business. That property is resi~'enti'ai~ On the other side is farm land. Across the street is business property, and there are people living there. THE CHAIRMAN: People are living in the restaurant? are people living in Goodale's place. I think there MRS. OLSEN:Ther_e~.are~th~b~bu~ss~ along that road with people living in the b~ngs. $OUTHOLD TOWN BOARD OF APPEALS -6- November 9, 1978 THE CHAIRMAN: How about to the east of you on the same side of the road? Is there anyone there who runs a business? MRS. OLSEN: No, that is residential on the corner. That is Kander. See, when we bought this it was zoned residential and we ha~ the zone changed. THE CHAIRMAN: When did you buy this? MRS. OLSEN: 1962 or 1963. It used to be a restaurant. THE CHAIRMAN: You built the office? MRS. OLSEN: No the building was there. We just converted it. The office was on one lot. We bought the second lot so we had more parking area. THE CHAIRMAN: The property to the west of you is zoned agricultural? MRS. OLS~N: It belongs to part of a farm. It is a big hole. The next house is a big brick house down next to the trestle. THE CHAIRMAN: The people to the east MRS. OLSEN: No, that's Kander, and it is zoned residentialc MR. TUTHILL: Is there another lot between you and Kander? MRS. OLSEN: That all belongs to Kander. From the corner to my office belongs to Kander. In back is the sand pit. THE CHAIRMAN: In back of your property? MRS. OLSEN: There is water running to it. At one time it must have been a river from the lake that is do~n on Peconic Bay Boulevard. When they put Bray Avenue through, they must have closed it off. THE CHAIRMAN: Well across the street is a restaurant. How long has the restaurant been there? MRS. OLSEN: They just moved in about a month ago. THE CHAIRMAN: What was there before that? MRS. OLSEN: They hav~ been open just a couple of months. THE CHAIRMAN: But what was there before that? MRS. OLSEN: A private home and a farm stand. They converted the home into the restaurant. I think it is Captain Cooks. THE CHAI~LAN: That is zoned business I think. Business zoning extends for quite a distance there. $ObTHOLD TOWN BOARD OF APPEALS -7- November 9, 1978 MRS. OLSEN: On that side. THE CHAIRMAN: Our problem is technical with the Ordinance. We do have sympathy for you. Financial hardship ks not considered a justifiable hardship to obtain a zoning variance. If it were, everyone would be eligible. There is no one who could not find a financial hard- ship. We realize it would be a convenience to you if you do do this. Legally, I do not think we can. I do not see a solution for you here. JOSEPH C. CORNELL: Let's say this addition were increased to 850 square feet. Would it be permissable then? THE CHAIRMAN: No. To me, if this was going to be done, it would be more objectionable to have the full 850 square feet there. Is there anyone else? MRS. OLSEN: Would it make any difference if I split the lots? THE CHAIRMAN: They are zoned business. MRS.~LSE~-~' This is just temporary. going to live. I could be dead tomorrow. How do I know how long I am THE CHAIRMAN: We might have trouble on the way home. MRS. OLSEN: I practically live there now. I just go home nights to wash clothes and clean house. It is very hard to keep a 7 room house going. THE CHAIRMAN: I wish we had a solution for you. We spent alot of time with the Town Attorney trying to extract his thoughts. Everyone would really like to do it for you. MRS. JOSEPH C. CORNELL: Under the circumstances where she is running a business by herself and has no regular employees, she must be there all the time. This is definitely a hardship. It would be a convenience only in the fact that she would be able to answer the door or the phone during hours other %hah the regular working hours. THE CHAIRMAN: That is a personal hardship connected with the business. MRS. CORNELL: With the two circumstances being involved, this would not make a difference? THE CHAIR~N! Generally a hardship applies These are area variances. There is a vast distin~ area variances and use uarianc~s. Whether a man's house is put 1 foot too close to the line by design or error, is really immaterial to the neighbor- hood and will.not change the character of it. I% would not particularly effect the well-being of the Town of Southold. What W. ould effect the Town of Southold is use variances. Uses which are rightly or wrongly designated for certain parts of the Town. Is there anyone else? SO~THOLD TOWN BOARD OF APPEALS -8- November 9, 1978 MRS. OLSEN: Could I use the living room as part of the office? THE CHAIR/~AN: Do you mean as to the size requirement? That would not help. This is a residential use in a business area. This is ~t pre-existing. You are going to put it there. The Town is sure to have problems with it in the future. And you would too. Rightly or wrongly, the Town's Ordinance does not allow Mom and Pop type businesses where someone lives over the store, although we know there are many of them here. MRS. OLSEN: I have two rooms. What would happen if I took and put a cot there. Could they stop me from doing that? THE CHAIRMAN: No. MRS. OLSEN: Can I enlarge my office and not live in it? THE CHAIRMAN: You can apply and get a building permit. The only thing is you cannot use it as a dwelling unit. You cannot cook there. You cannot have a stove there. You can have a bathroom. MRS. OLSEN: You mean in the building I have now? THE CHAIRMAN: You couldn't cook there. It creates a residential use. There has to be a line somewhere. For instance people who put up guest cottages on their property have to be allowed some leeway. You cannot have cooking facilities though. You cannot have two dwelling units on one building lot. A judge in Mattituck challenged d~en~this, and we were upheld all the way through the Appellate Division. MRS. OLSEN: I don't understand how these peQple can make two-family houses out of brand new houses all over Mattituck. They don't ask for permits, and they have two kitchens. THE CHAIRMAN: That is outside our jurisdiction here. I think we will make our decision tonight, but I will take this up again with the Town Attorney to see if there is any way this can be alleviated. What you are suggesting would take a change in the Zoning Ordinance. It is a fact that a smaller dwelling unit can be used in a "M" zone. But you cannot do it in a business district. Is there anyone else who would like to speak on this or ask any questions. We are very sorry about this Mrs. Olsen. MR. GRIGONIS: Can we reserve decision tonight, and see if we can't research some other things that we may have missed the first time? THE CHAIRMAN: Certainly. Is there anyone who wishes to speak against this application? (there was no response). I think we have already given the answers why we must be against this. MRS. OLSEN: Are you saying that we can appeal again? THE CHAIR/~AN: What we are going to do is reserve our decision and explore it further. $OUTHOLD TOWN BOARD OF APPEALS -9- November 9, 1978 MR. TUTHILL: Maybe you can think of some other ideas, now that you know what the situation is as far as the Board of Appeals is concerned. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED to RESERVE decision on Appeal No. 2489 until Thursday, November 30, 1978, at 7:30 P.M. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2486 ~ Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. 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: Felix R. Palmeri; Bernard E. Goerler. Fee paid $15.00. THE CHAIRMAN: This application is on the easterly side of Nassau Point Road. The proposal is to place a garage and other rooms at least 10g feet from Nassau Point Road approximately adjacent to a smaller garage on the adjoining property to the south. The house itself is located on the easterly portion of the lot. Is there anyone present who wishes to speak for this application? '.~LLIAM J. JACOBS: I am the builder, and I made the application for this on behalf of Mr. Wall. I see no reason, of course, why they could not hame a garage th&t is back to back with the other garage. It gives them a ~it%le view from the garage if theY want to use their guest rooms upstairs. Their children come out and they would rather have a guest house for them than crowding tb/em~.all into the main house. This is their summer place like most of the houses on that side of the street. THE CHAtRM3kN: What is the total size of this project? What a~e the dimensions? This says guest rooms and garage. It could be a 3, 4', or 5 car garage. JACOBS: It is a two car garage 22 feet wide by 24 feet deep. THE CHAIRMAN: 2 cars. 22 by what? $ObTHOLD TOWN BOARD OF APPEALS -10- November 9, 1978 MR. JACOBS: 24 feet deep. I would have a full dormer upstairs with 2 rooms and a bathroom and closets. Attached on the east of that building will be a 20 foot by 25 foot den, with a cathedral ceiling with exposed beams and a glass wall facing the water. They would pick up some view from there. Their house is 20 feet from the property line. Being 3 feet from the property line with the garage would give them some view of the water. It is for their immediate family, not for anyone else. THE CHAIRMAN: This is going to be a pretty good size building. MR. JACOBS: They have big kids, too. THE CHAIRMAN: There is one restriction which I am sure you understand. This cannot be used as a rental unit or have any cooking facilities in it. It cannot be used for what constitutes a dwelling unit an the Town. MR. JACOBS: The main purpose of this is to relieve the overcrowding when the kids come-out. THE CHAIRMAN: They must have al~t<~'f_ kid-s. MR. JACOBS: They have 4 boys and a girl. The youngest boy is 16 and I 5hink the oldest is 24 or 25. Does anyone else have any questions? MR. TUTHILL: How many bedrooms are there in the main house? MR. JACOBS: There are 2 bedrooms down stairs. There is a combina- tion bedroom and playroom upstairs. It is an open room, but all finished and all, MR. DOUGLASS: This building that you propose, what is the total height of it? MR. JACOBS: I would say approximately 16 or 18 feet,tO~?~he,~tOp~c ~f~-the dormer. Well, you have 8 feet for your garage, upstairs would be 8 feet and then 4 feet for the roof. About 20 feet overall. MR. DOUGLASS: On an accessory building, the Code says it may not exceed 18 feet. MR. JACOBS: Then we can bring it down to 18 feet. We will be cutting into the bank ~ little bit and lowering it a little bit. THE CHAIRMAN: How close to the property line do you propose to go? MR. JACOGS: Between 3 and 4 feet off the property line. THE CHAIRMAN: How close is the other building? MR. JACOBS: 1 or 1-1/2 feet off the line. SQUTH~LD TOWN BOARD OF APPEALS ~tl- November 9, 1978 THE CHAIRMAN: Isn't' that awfully close? But you ark not going to have any wind'ows there are you? MR. JACOBS: We aren't. They have some windows there. They have a g~est house there also. They have a complete guest house with their garage. THE CHAIRMAN: Do their windows face north? MR. JACOBS: A couple of them do. But they are very small ones. THE CHAIRFLAN: Could you go five feet off the line? MR. JACOBS: It would be hard unless we ripped up the entire driveway. THE CHAIRMAN: Aren't you going to lose some of the d~iveway anyway? MR. JACOBS: A little. I would rather not lose too much if I can help it. I don't see where that much will be gained by going 5 feet insbead of 3 feet. THE CHAIRMAN: Have you made the neighbors to the south aware of this application? MR. JACOBS: Welt they received the notice. I spoke to Mrs. Goerler again tonight on the phone. I explained it all to her. She wanted to know. I told her she was free at any time to contact the Zoning Board or the Building Department with her attorney. HE CHAIRMAN. ~¥ou~Eest ~us~-;-an~-gar~L!s:~n~-: going to have any windows to the south. How will you get c'ro~s'~'~'~n~'~lation in the bedrooms? There is a prevailing wind from the southwest in the summer. MR. JACOBS: They will have ventilation since they are up high. Up in the dormer there will be windows. The dormer is to the east. The're will be windows facing the north and east. There will also be one window facing the west. There will no windows on the south side. THE CHAIRMAN: That is where the prevailing wind comes from. MR. JACOBS: That is where the closets will be. It is really keeping everything away from the neighbors. THE CHAIRMAN: And your neighbor okayed this situation? She has no objection? MR. JACOBS: Nobody okays anything. It is ~p to the Zoning~Bgar~. THE CHAIRMAN: Well, what did your neighbor say? MR.JACOBS: She said that she has an apartment and she is against anyone having an apartment. S®U~HOLD TO~q BOARD OF APPEALS -12- November 9, 1978 house. MR. JACOBS: own guest house. MR. TUTHILL: MR, JACOBS: MR. TUTHILL: MR. JACOBS: THE CHAIRMAN: THE CHAIRFLAN: She has an apartment? MR. JACOBS: For their own guest house, of course. THE CHAIRMAN: I do not understand. We were talking about a guest Okay. Guest house. Wrong terminology. She has her That is just south of the building you propose? Yes. I~ looks like a garage~ It is a garage with guest house. Does anyone else have any questions? Does your neighbor know how close this will be? MR. JACOBS: I informed her, The only other thin~ I could have done was give her sketches. I was not about to run to Garden City. THE CHAIRMAN: You told her it was going to be 4-1/~' feet from her? MR. JACOBS: I told her 3 feet off the property line. THE CHAIRMAN: Will you have to do some excavating? MR. JACOBS: The property slopes, so we will have to dig out a bit, but no large excavating. THE CHAIRMAN: How many blocks will you have on the foundation? MR. JACOBS: We Will be 8 inches above ground. The back of the garage will have to be up on blocks a little bit. I guess we can cut out and put blocks against the fence. We will allow for the walk around. THE CHAIRMAN: You are going to have a walk around? MR. JACOBS: Just enough room to get around the back for painting and all. THE CHAIRMAN: This will all be 100 feet from Nassau Point Road. MR. JACOBS: Yes. THE CHAIRMAN: Any other questions. Is there anyone present who wishes to speak against this application? (there was no, response.) After investigation and inspectionj~,the Board finds thgt the applican~'wishes to constructan~.acC&~s0r~'bUi~d~.n~-W~i~h ~'~.~~ $ObTHOLD TOWN BOARD OF APPEALS -13- November 9, 1978 a two car garage and 2 bedrooms above the garage. building will be a room 20 feet by 25 feet. On the eastzof the 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 proper%les 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 ob- serve the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Richard Wall, 2715 Nassau Point Road, Cutchogue, New York, be .GRANTED permission to construct an accessory building in the front yard area as requested. Location-of property: Nassau Point Road, CutchOgue~ New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay~ south b~.Bernard E. Goerler; west by Nassau Point Road, subject to the following: (1) The premises to be created consisting of a garage and two guest rooms and a cathedral ceiling living room shall not be leased or provided with cooking facilities. Under no circumstances shall a dwelling unit be created out of the combination guest house and garage. (2) Building shall be 3-1/2 feet from the southerly lot line and 100 feet from the property line on Nassau Point Road. (3) Building shall not exceed 18 feet in height. (4) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Douglass and Tuthill. PUBLIC i~P~AiBING: Appeal No. 2484 - U~on application of Olympia Kouros, Main R~ad, Mat%ituck, New York, for a variance to the Zoning Ordinance, Arti!cle III, Section 100-31 and Bulk and Parking Schedule for Permission to ~ivide P~operty into 3 lots with insufficient area and width. Location of property: Bunny Lane and Kouros Road, New Suffolk, New York, bounded on the north by Kouros Road; east by Bunny Lane; south by Joseph Arena; west by Salvadore Caridi. from the Buildwng Inspector. The Chairman ~lso read a statement from the Town Clerik ~at n~tifi~ation by certified- mail had been made to: Salvadore Caridi and Joseph Arena. Fee paid $15.00. THE CKkIRM~N: The application is acclomPanied by a number'of maps referring to Appeal No. 2154 .dated July 1, 1976. At that hearing, the S~UTHOLD TOWN BOARD OF APPEALS -14- November 9, 1978 Chairman said, and I am quoting: "This application is accompanied by a survey of Van Tuyl dated March 22, 1976, indicating that separate lots are to be created, each 25,000 square feet. The proposal will create two lots fronting on Bunny Lane. One will have a depth of approximately 190 feet with 135 feet of frontage, and the other on the corner of Bunny Lane and Kouros Road will have 140 feet on Bunny Lane and 190 feet on Kouros Road." This permission was granted on July 1, 1976. We have several letters which I will read into the record. The first is addressed to the Town Board. "Gentlemen: We were notified by Mrs. Olympia Kouros of her intention of appealing to this Board for permission to divide property bordering with ours ~nto three lots With insufficient area and width. We would like to inform this Board of our disapproval of such a division. We believe that such a division would result tn an over-crowded area. Sincerely, Salvatore Caridi and Angelina Caridi, property south side Kouros Road, New Suffolk, New York." The nsxt letter is dated November 4, 1978, addressed to the Town Clerk, Town of Southold, Southold, New. York. "Dear Sir: As per copy of variance submittHd to me from one Olympia Kouros, for property to be subdivided on Bunny Lane, New Suffolk. My husband and I are not in agreement with the specifica- tions and do not give our approval. Respectfully submitted, M&rion Arena and Joseph Arenas" Then also for the record we have.a lstter from the Planning Board dated March 23, 1976, advising us as follows: "Inquiry has been made by Mr. Nicholas Kouros of New Suffolk in regard to further subdivision of his property. The following were the recommendations of the Planning Board in regard to such further subdivision. Lots 33, 34 and 35 be divided into-two lots. Lots 21, 22, and 23 be divided into two lots." The last three lots are the ones referred to in this application. So we have had advice from the Planning Board how to divide these lots. I am going to read a letter from the former Building Inspector dated April 7, 1976: "Gentlemen: Regarding the map of property "ol~Pi~ Kou~os," ~ounded by Bunny Lane, Kouros Road, Grathwhol Road and other properties of same owner on these roads, please be advised: Mr. and Mrs. Kouros have been before the P~nning Board many times in the pas~ eight or ten years with Various planS~ f0r'developing this property a~d iwere advised correctly as to what to do, but have done nothing. Now they are back crying about their plan b~ore April 23, 1957. I have advised them as follows:" Then he goes thr0~h what he advised. One parcel m~st be approved by DEC. This was a different numbering system than the ~ne on the survey that we have. Also the Planning Board, I believe, has given Mr. Kouros a major subdivision in this g~neral area r~cently. The lots that Mr. Kouros wan~s to divide now ~ere divided on July 1, 1976 into two lots with approximately 25,009 square feet from three tots.dO~ning a total of 51,000 square feet. Now~ it is requeSted that the lots be divided i~to t~ree. Is there anyone present who wishes to speak for this application? ~RS. OLYMPIA KOUROS: We never asked for the two lots. We were told that we had to have them that way. The Planning Board told us'tha~. Some lots around us have more square feet in them than the Caridi's. I don't know why the Caridi's are objecting to th~s. He just had a variance given to him on one lot, and it isn't any larger than ours. Whoever builds there is going to have a house close to his. Now why are they objecting to ours?~ THE CHAIRMAN: I think what you are saying is that Caridi lives SO~THOLD TO~ BOARD OF APPEALS -15- November 9, 1978 next door to you ....... MRS. KOUROS: Then he has a lot which he has a variance on. He has one in the back that he sold to Albin Januick. ALBIN JANUICK: I'm right here. I bought the one to the west, and it is 95 feet, not 85 feet. didn't say 85 feet. MR. JANUICK: You did too. THE CHAIRMAN: Just a minute please. Any communication should be through~%he Chairman. Otherwise, we will have an argument here. Okay, let's hear from the g~ntleman in the back. ALBIN JANUICK:: I purchased the west lot from Caridi. It is 95 feet by 265 feet. THE CHAIRMAN: I think we divided a piece of property for you just recently. MR. JANUICK: Yes, you did. In addition to that I had to buy a 50 foot strip which I added to the 95 feet from David Horton in September so I have a width of 150 feet and a depth of 265 feet. I'm in the process of building a ~0use. The property has cost me a~ot~f~y. These people want to Split land into two 85 foot lots. It dossn'~% make much se~ee. THE CHAIRMAN: I think that the two lots that you have that you split before .... Mr. Kouros, you had three, 95 foot lots on the 1952 sruvey. These were made into two lots each containing 25,000 square feet. Sorry, I was~talking about the wrong corner. You had 279 feet on the cor- ner of Bunny L~ne and Kouros Road. The depth of this property was 190.~feet That is 51',0101square feet. Those lots are the ones we created in July, 1976, at the suggestion of the Plannin~ Board. Now I believe what you want to do is take two and make it into three. Is that correct? MRS. K~ROS: It is a hardship because people do not want a big lot. Young folks ~ are getting married cannot afford the $15,000 for a iarge lot. They ~r~Use it. For three years We have just be~n refusing people. THE QHAERMAN: You are in the wrong place to discuss that problem. The ToWn cr~d 40,~00 sqUare foot zoning~ The Planning B0ard has~ai- ready Studied ~his whole ~rea where your ~roperty is in~61ved. The two lots was their recommendation. We have no reason to chan~e it now. MR. KOUROS: I want to draw your attention to the Suffolk Times, September 14, 1978: "Albin Januick received permission to divide property with insufficient frontage and area on Kouros Road, New Suffolk." THE CHAIRMAN: So did you. SOUTHOLD TOWN BOARD OF APPEALS -16- November 9, 1978 MR. KOUROS: He bought 2 lots totaling one acre. THE CHAIP/~AN: No, he bought one lot. MRS. KOUROS: From us, he did. THE CHAIRMAN: I don't know who he bought it from. MR. KOUROS: He bought two lots. THE CHAIRMAN: He asked it be divided into two lots identical in size to the lots on either side of him. MR. KOUROS: In 1942 we had half acre lots there. MRS. KOUROS: When he originally bought that lot, it was numbered as two lots. THE CHAIRMAN: Could be. But the old maps do not mean anything. We have some maps showing 20 'foot lots. MR. KOUROS: We have that map showing the subdivision. We had all half acre lots. THE CHAIRMAN: Mr. Van Tuyl just drew them that way. Was this all your property? MR. KOUROS: Yes. THE CHAIRMAN: In 1952 you could have 12,500 square foot lots or 10,000 square foot lots or whatever you wanted. It was before zoning. MR. KOUROS: I doesn't seem fair. Ail those lots over there are half acre. In fact our lots will be 17,290 square feet. THE CHAIRMAN: That is less than what you have now. The Planning Board recommended what the size ~%the lots should be 2 years ago. You are asking for two lots to be made into three. MR. KOUROS: The three lots would each have 17,290 square feet in them. THE CHAIRMAN: There are now two, 25,000 square foot lots. You wan~ to have more? You cannot do it here. Is there anyone else who has any questions? (there was no response). Is there anyone else who-would like tQ speak against this application? (there was no response). You have already been granted relief once ~Pon the recommendation of the Planning Board. MRS. KOUROS: We just thought that if others could have that size lot, so could we. THE CHAIRMAN: I understand. No two zoning cases are ever the same. $OUTHOLD TOWN BOARD OF APPEALS -17- November 9, 1978 MR.~KOUROS: When they gave us the two lots there it was because we have 5 acres and they gave us ~ lots. THE CHAIRMAN: Why did they do that? MR. KOUROS: I don't know. THE CHAIRMAN: That is the law. And we gave you twice as much w~th those two lots. MR. KOUROS: It doesn't seem fair. Do you think it is fair? THE CHAIP~N: Yes. MR. KOUROS: You're the boss. Can I have that map there. I can't see how he gets two lots each a half acre and I can't get three lots each a half acre. Why did you do that? THE CHAIRMAN: Mr. Januick ~bS~gZa~ted two lots idential in size to the lots on each side of him. What you are asking for here is entirely different. You have two undersized lots now, and you want to change those undersized lots to 3 undersized lots.~W~e-an not do that in view of the facts concerning water shortgages in the Town and zoning. There is no hardship here. Your hardship is financial, and everyone has a financial hardship. MR. KOUROS: I thought it was fair. two lots. Maybe I am not smart enough. power, I guess. I saw in the paper that he got I don't have any political After investigation and inspection, the Board finds that the applicant wishes to create three lots ea~¢on~i~i7~8~quare feet ~from t~o existing lots each containing 25~000 square fe~. ~hen the two, 25~0~00 square foot lots were created ihe~u!~y~a1976, it was done at the suggestion of the Planning Board. The two existing lobs are already undersized and when the water situation in New Suffolk is taken into consideration, khe Board does not feel a third, undersized lot should be created. · he Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship cr. is ~not 'unique and would be shared by all properties alike in the uy of this property and in the same use diSbrict; and the varianue will change the character of the neighborhood .a~d will not observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOL~EDf tha~ Olympia K~uros, Main Road,~'iMattituck, New York, be DENIED permiS~ionu to divide property into 3 lots with insufficient area and ~dth. Location of property: Bunny Lane and Kouros Road', New Suffoll~k, New York, bounded on the north by Kouros Road; east by Bunny Lane; south by Joseph Arena; west b~ Salvadore Caridi. S~UTHOLD TOWN BOARD OF APPEALS -18- November 9, 1978 Vote of the Board: Tuthilt and Douglass. Ayes: Messrs: Gillispie, Grigonis, Doyen, ~UBI:IC~HEARING: Appeal No. 2485 - Upon application of Ernest E. Wilsberg ~n~i~arold W. Wiisberg, 01ejule Lane, Mattituck, New York, (Richara~J~~ Cron, E~q.) for a variance ~o ~he~Z®ning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to create a tot w th insufficient area. Location of property: Lot No. 6, Long P~nd EStates, Southold, New York. atte fromtl Town C Fee pa the hearing by reading the application for a Ordinance, legal notice of hearing, affidavits in the official newspapers, and disapproval ,ector. The Chairman also read a statement from the had been made to : Robert Lang, Jr. 36 When~ Long the , wishe application is accompanied by a portion of a ~tes which shows lot No. 6 referred to as being an existing pond in the center of it to be filled. this, we were able to approach this not on the back and we not~ced the pond. Some of 'er than 40,000 square feet. Is there anyone who )lication? The a~ appli- Th~ is ~- ESe~tes. ~ that the we are fro~ this he in here this the )r on cause tremendo% respect to wha~ with respect to relocating the right- of . Road, which will eventually becom9 a Town Hi, ask this Board tc consider all of these factors. You can ~inancial hardship that would be .involved in trying to re- de this road to get ~he 40,000 square f~e~. Th~ time element wo~ld S~UTHOLD TOWN BOARD OF APPEALS -19- November 9, 1978 unbelievable. So in light of that I ask this Board to consider this since everything else clearly meets the requirements of the Planning Board. THE CHAIRMAN: This is not an attempt to increase density or obtain an extra lot, is it? MR. C~N~ Absolutely not. THE CHAIRMAN: There are quite a few lots well over 40,000 square feet. It must have been a complicated~ problem to draw this map in the first place. MR. CRON: We had great difficulties with that, believe me. This one of the reasons we ran into this particular problem. THE CHAIRMAN: I think that is 6he o~athe reasons the Board of Appeals is here. You certainly can't fit the Zoning Ordinance<like a crossword puzzle on existing land like this. One thing we were going to ask you about is the pond. What are the permits, if any, that might be required to fill this in. MR. CRON: We do not envision any at all. That clearly has been and still is an irrigation pond that was created by man to service the farm in that area. It has nothing to do with wetlands or anything else. We do not envision any difficulty with DEC or anyone else. THE CHAIRN/AN: Is that your understanding, Charlie? MR. GRIGONIS: It was a low spot and they just dug it out. When rained there were always big Puddles there. THE CHAIRMAN: Then this does not come up before the DEC? MR. CRON: I do not believe so. It is strictly man made. THE CHAIRMAN: The platform there was to hold the motor for the irrigation pump. Is there anyone who would like to speak for this (there was no response.) Is there anyone who would like to is.pe~k~_~a~ainst this application? (there was no response) Does anyone have any questions? MR. TUTHILL: What are you short? Is it about 4,000 square feet? THE CHAIRMAN: About 8 percent. They have 36,760 square feet. They only need 3,240 square feet. MR. CRON: We still have the road frontage required. It is just the area we have problems with. MR. DOUGLASS: While they are looking at that, may I ask you a question. The lot next door only shows 117 feet of frontage? THE CRON: On the arc though it has 15~ feet. On the arc of the curve it shows 151.67 feet. S~UTHOLR TOWN BOARD OF APPEALS -20- November 9, 1978 MR. DOUGLASS: THE CHAIP/~AN: MR. DOUGLASS: That goes past the lot line. You might have to come in here again. It is some 40 feet past the lot line. MR. CRON: That's right. You have a point. THE CHAIRMAN: I think you will be here again for that lot. MR. C~I~: I had not noticed that to ~ell you the truth. THE CHAIRMAN: I don't know how a surveyor can take an odd-shaped piece of property like that and get the 150 foot widths and the 40,000 square feet. MR. CRON: You see our problem was we had two different groups workin~ on this. This is where we ran into troubles. If we had had one from tbs beginning, we would have been okay. No one from the Planning Board raised this question. THE CHAIRMAN: Just out of curiosity, how much would it cost to redraw this? MR. CRON: Thousands, thousands, and thousands. Because there are other sections that tie into this section that we have not applied for yet. So it means that all the other roads would have to be changed also. It would be very timely and very coStly. We had two sets of so called surveyors and this is where we ran into trouble. Unfortunately, the man they initially had was an architect, not a surveyor. Consequently, he could not lay out distances and so forth. After we had expended a great deal of money and a great deal of time, he couldn't sign the map because obviously it would have been Rejected by the County. So then we had to ge~ra~s~v~yor and try to recapture something without doing the whole thing over again. This is what happened. We are not trying to clrcumvent the Ordinance in any way. It is just a comedy of errors. After investigation and inspection the Board finds that the applicant wishes to create a lot with insufficient area. The applicant has for the past four years been dealing with the Planning Board and County agencies rel~ative to the Long Pond Estates s~bdivision. Lot No. 6 will h~e only 36,760 square feet d~e to the ~ocation of Long The Board agrees with the reasoning of the applicant. The B~ard finds that strict aPPlication of the Ordinance would p~oduc~ 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 no% change the character of the neighborhood and will ob- serve the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED that Ernest E. Wilsberg and Harold W. Wilsberg, Olejule S~UTHOLD TOWN BOARD OF APPEALS -21- November 9, 1978 Lane, Mattituck, New York, be GRANTED permission to create a Lot with insufficient area as requested. Location of property: Lot No. 6, Long Pond Estates, Southold, New York. Vo~e of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that the next meeting of the Southold Town, Board of Appeals will be held at 7:30 ~.M. (E.S.T.), Thursday, November 30, 1978, and se% the following times on that date as time and place of hearing upon the following applications: 7:30 P.M. (E.S.T.) Reser~d~decision on Appeal No. 2489 of Evelyn C. Olsen, Main Road, Laurel, New York, for a variance in accordance with the ~on~ng Ordinance Article VI, and Bulk and Parking Schedule for permission to construct-~an addition to an existing building. 7:40 P.M. (E.S.T.) Informal discussion with Andrew Wallin, Gull Pond Lane, ~e~p~r~;~New York, relative to the establishment of a home occupation and mail order business at his home on Gull Pond Lane, Greenport, ~ew York 7:55 P~M. (E~,S.T.) Upon application of S~ott Ben Corp., Main Road, Southo!d, New York, for a variance in accordance with the Zoning Ordin- ance, Article VII, Section 100-71 and Bulk Parking Schedule for permis- sion to construct a front portico on an existing building with insuf- ficient fron~ ~ardl s~tback and a variance in a~cordance with the Zoning Ordinance, Artlcl~XI, section~100-1i2 D for permission to have. an access with insuffioient width. Location of property: Main Road, Southold, New York, bo~nded'~n the north by Colonial Village; east by Rayan; ~outh by Main Road; west by Boyd. 8:10 P,M. (E.S.T.) Upon application of Grabie-~c~dder Appliances, Inc.~ ~ain,Roa~, ~S.R. ~5), Ma~tituck, New York, fo~ a special exception to the z°ni~'brdi~ance, A~ticle VI, section 100-60 C 2 for permission for a second wai~"~ig~ L~ation of property: M~in Road (S. R. 25), Matti- tuck, New YO~k~ ~o~nded on the no~th by ~ain Road (S. R. 25); east by DeMaula; sou~h by~oore; west by Main Road (S. R. 2.5). Lighthouse Lane, Southold, New York, bounded on the north by Jockey Creek; east by Hamilton; south by Pollert; west by Karlin. 8:30 P.M. (E.S.T.) Upon application of George L. Penny, IV, Sound- view Avenue, Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 1~0-32 ~or permission to construct SOUTHOLD TOWN BOARD OF APPEALS -22- November 30, 1978 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: SoundviSw Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Soundview Ave- nue; west by J. Charnews. 8:45 P.M. (E.S.T.) Upon application of Everett and Alice Swenson, 330 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct a carport in the front yard area with reduced front yard setback. Location of property: ~sland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patricia Koehler, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: 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. 9:05 P.M. (E.S.T.) Upon application of Jim Molloy, 26 Treemont Street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 and Bulk Parking Schedule for permission to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. 9:15 P.M. (E.S.T.) Informal discussion with Jody Adams relative to Signs. The meeting was adjourned at 11:00 P.M. Respectfully submitted,