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HomeMy WebLinkAboutZBA-09/07/1978 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPIE, JR., CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEI~, JR. TERRY TUTHIL _ ROBERT J. DOUGLASS Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11cJT1 TELEPHONE (516) 765-1809 MINUTES Southold Town Board of Appeals September 7, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M~. (D.S.T.), Thursday, September 7, 1978, at the Town Hall, Main R~ad, Southotd, New- York. iThere were present: Messrs: Robert W. Gillispie, Jr., Chairman, Charles Grigonis, Jr., Terry Tuthill and Robert J. Douglass. There was also present: Richard Curtis, Suffolk Times :7~3! ~,M. (D.S.T.) Appeal No. 2457 - Postponed hearlnq upon the ppllca~n. Of John Baxter, 27 Wlltshire Drive, Worcester, Massachusetts A-bigaii~ ~i Wickham, Esq. ' THE Q~AI~: we have a request from Abigail A. Wickham, Esq. that this he~hg be p~stponed indefinitely until all parties involved r~ach an agreem~,~i She d6es not give you any time frame at all? If we Postpone this ~n~inely, we will have to readvertise. .~n motion by Mr. Gi!tispie, seconded by Mr. Grigon~s, it was ~S~L~ that the Southold Town Board of Appeals postpone the heari~qi~n~eai No. 2457, John Baxter, INDEFINITELY upon ~he request of Abi~l~'A. ~kham, Esq. ~V~te'of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglas~s. ' 7:40 P.M. (D.S.T.) Appeal No. 2458 - Postponed.~e~ring upon~the application of Donald and Virginia Leden, 156 Sterling Avenue,~Gre~nport, New York. '~ . SO~THOLD TOWN BOARD OF APPEALS -2- September 7, 1978 THE CHAIRMAN: These people have asked to have this application withdrawn. They say in their letter: Please discontinue all investi- gations for a variance pertaining to property on Madison Street. We feel that is is in our best interest to purchase a piece of property ~ a house already built. Plsase excuse us for having you go through all the unnecessary paper work. Sincerely, Mr. and Mrs. Donald M. Leden. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Appeal No. 2458, Donald and Virginia Leden, be WITHDRAWN. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. The Board held an informal discussion with Gary F. Olsen, Esq., George Brown, and Sandra Rave concerning a 4 acre parcel of property on the North Road, Peconic, New York. Sandra Rave and Mary Tloczkowski are interested in having a Tennis and Racquet Club on this parcel of property. They were advised that the Board looks favorably upon the idea, and the Board made suggestions concerning the side yards. The formal application for this will be placed on the September 28, 1978,.~agen~ 7:50 P.M. (D.S.T.) Appeal No. 2451 - Postponed decision upon application of Marion~M. Roussin, General Delivery, Southold, New York. THE CHAI~ The decision on this appeal was postponed until tonightto enable the Board to obtain additional information. We were down there..on Tuesday, and met Mrs. Rouss±n, who showed us where the cesspool is. The~ce~spool location will not require Ohanging the lot lines ~ of the application is withdrawn. However, the k for divison on the north side. Mrs. Roussin gave us thr~ L we can return to you now. The application asked for the lot which was created by the division in ' ~ing the property, we found that each of the lots ~as quare feet, which ~s somewhat larger than ~ ~h was in effect ~f~w years a~o~ The io{s Were ~ separately. They were merged when theY were purchased a~d Mrs. RousSin. At the time they purchased the third lot, Mr. f~om~whom they purchased it, sold them an additional 30 by 100 feet, which' had beenthOught ~mi~h~%~have been used as a right-of-way at some time, and was added on to parcel A and parcel B. The lots seem tc be in general conformity with the general area. We have the county tax map in front of us, and it our view I think that the Board should grant the application as applied for upon the condition that the division shall not become final until the Board of Health approves the loca~ion of the cesspools. MA. MICHAEL REISE: Excuse me, before this is passed, may we speak against this? " SSUTHOLD TOWN BOARD OF APPEALS -3- September. 7, 1978 THE CHAIRMAN: We will be glad to hear from~you, but I think that we have taken all the testimony that is necessary. This was just a postponed decision. MR. REISE: Well, I was here last time and put myself on record as being a property owner up there so that I could speak tonight in case this was going to pass. With your permission, I would like to speak. I own, lots no. 9 and 23 on the County Tax Map which was also Bob Hyatt's property. Those were originally 3 lots and we bought them as three lots.. THE CHAIRMAN: You are referring to .... can you identify them on this~p? MR. REISE: This one... We willingly changed our three lots into two. We have them for sale, but are nou in any rush to sell them. Mean- while that whole neighborhood up there is developed quite beautifully. Right across Sound View Avenue on the southerly side there are several handsome homes. We have enough property on our two lots for handsome homes. The thing that is bothering me is that if you have 3, 100 foot fronts~on the Private Road, is that correct? THE CHAIRMAN: 114 ~on one lot and 100 feet on the other two. MRi REISE: If we have 3 building lots there, they are really only useful for summer home construction. I do not think that anyone would want to spend the amount of money it would take to build a year round house on a small lot. THE CHAIRMAN: I don't know. There are all kinds of people. MR. But they driving a nice' then be lik~ value and little case, I Southol to F1 I do not E: I do not think we can take the exception fOr ?he rule. exception proves the rule. The point is that someone ~ Private Road, having in mind to buy a piece~°fi~and for pass 3, 100 foot lots with summer homes on them which is no fault of his, I think it wo~ld just any property up there. It is helping to cu~ ~0wn the ~activeness of the homes across the street from this subdivision of three lots. If Mrs. Roussin wasa hardship not be here. But as I understand it. She is re~ring from ~s leaving us a legacy of 3 lots, cut from 2. Sh~ is going t~avel, whatever. She is leaving us with this ~eighborhood. it is rmght or the spirit of the zoning ordinance. MR. CHARON: I think though if we ~ every appl~atr~n, we would f~nd that the value of the in- v~ive~here is!!praotica!l~ no one who iv nothing. Of Course that is %he reason Mrs. RousSin is asking for three lots, to maximize the val~e of her property. The judges will tell you that the value of the property can not be ~epreciated by this Board if the surroundin~ area is ~imilar in size. In most of the situations we face here, it is very =are that we find all of the lots the same. 'There is alot of pre- cedent for what we are doing here. We are not going on here just on the basis of our own opinions. '~ S~UTHOLD TO~ BOARD OF APPHALS -4- September 7, 1978 MR. REISE: I know that, but what I am suggestinq to you ...... if you look at these lots up here - you remarked that t~e lots were all about the same size. THE CHAIRMAN: They vary. MR. REISE: This is Mrs. Roussin's lot. This is Lindenmayer. She is going to cut it in half and make 2 lots out of it. Let's just assums she is going to do it that way. This guy is the only exception. THE CHAIRMAN: Are you talking about frontage on this road? MR. REISE: Yes, I am. THE CHAIRMAN: You also have to consider area. Now for instance these lots up on the sound. They have obviously been created to maxi- mize the sound frontage. 100 foot, 105 foot. Today's requirements are 150 feet. You wouldn't deny the use of those lots would you? Somebody might have to build a ranch house on this lot lengthwise. MR. REISE: That is what I did. My house is 70 feet long. I see your point, but these lots are locked in down there. There is not much these people can do next to us. Then comes Lindenmayer. THE CHAIRMAN: Maybe I am going about this obliquely. The Town started out with 12,500 square feet, a minimum lot size. Even that was hard to put across to the Town. People who held alot of land thought about it in terms of how many lots they could have. It was only later with the guidance of the Board of Health that we reached 20,000 square feet in subdivisions, then only in subdivisions. It was long after that the 40,000 square feet came into play. In the interim when these lots were purchased by the Roussins they were more than twice the size of the minimum lot at the outset of zoning. I do not think it can be said that this is a deliberate attempt... She is going to try to sell this, she has told us that. She is going to try and sell her house and the piece to the north as one piece. I do not know if she can do that or not. MR. REISE: I am only concerned with the whole neighborhood. The thing tkat really has chilled me on this is that we have done a considerable amount of visiting over in the Hamptons. We came back through Bay Shore, it Ks a desecration. I would hate to see this even creep into this area. .. ~E CHAIRMAN~ Lots no. 11, 12, 13, 14, and 15 all appear to be ~rsized'-.ac~rding ~6~taday's zoning. MR. RE,ISE: ACtually, the entrance to all that property is from Lighthouse Road. I do not want to wear out my welcome in front of your gentlemen~ Thank you for your time. What is going to happen to that neighborhood up there. A man like Shondabear built a beautiful white colonial house'. Right next to him is a family with black stained shutters, a beautiful. THE CHAIRMAN: Now3you are getting into class of neighborhood and ... ~' . SOUTHOLD TOWN BOARD OF APPEALS -5- September 7, 1978 MR. REISE: I am getting into character of neighborhood. THE CHAIRMAN: That is not our business. MR. REISE: That is your business because that is the basic purpose of zoning. To protect the character of the neighborhood~ There is no geographical definititon to a neighborhood. THE CHAIRMAN: It seems to me that this is beautiful protection for the houses across the road. It is heavily wooded and will not be visible from across the street. I don't think they can see Mrs. Roussin's house now. MR. REISE: They can't because it is now separated from the road by a wooded lot. But if you put a house there. THE CHAIRMAN: It is 23,000 square feet sir.. It was bought in 1954. MR. RE1SE: I bought 3 lots in 1953 and 1954. VIRGINIA BENNETT MOORE: Wasn't one of those lots originally 75 ~eet on the Private Road? The lot you are thinking of splitting off as a lQ0 foot lot, wasn't that a 75 foot lot? THE CHAIRMAN: No, they were all 100 foot or better lots. The original distance was 314 feet on Hyatt Road. MRS. MOORE: Mr. Halbauer cannot be here tonight, and he is going to buy that particular loG. The Roussin's intentially merged the three parcels themselves so they would have their privacy. There are some other neighbors who could not be here tonight to testify against this application. Mr. Halbauer was going to buy a 75 foot lot, not a 100 foot. Is that the way the deed reads. THE CHAIRMAN: This is the survey. That is the simpliest way to see the property. DOUGLASS: We have the deeds right here. MRS. MOORE: It says 100. This is the new split, isn't it? MRS. ROUSSIN: This is the way the property was originally bought. MRS. MOORE: I really thought this last one was only 75 feet wide. M~S, ROUSSIN: He wanted to buy 75 feet~ but he did not because ~t~ the ~00 feet. So Bob Hyatt sold him the other side ofI the 100 Bob ~uer bought the 105 feet instead of the 75 feet. ~RS. MOORE: He has the smallest lot anywhere up and down the road. ls 1-1/8 acres, not a half acre, not a 100 feet on the road. Since there SOUTHOLD TOWN BOARD OF APPEALS -6- September 7, 1978 is no hardship involved, and since there is one acre zoning in that neighborhood and we have been asked to preserve our water supply as well as we can. Surely the job of a Zoning Board is to ...... THE CHAIRMAN: Anyone who has buildable land, that is a qualifying statement. We are suggesting that we qualify this permission by a check with~he Board of Health as to the location of cesspools, and this would subject to their approval, before this would be final. We think that is the only legitimate objection you have brought up here. All the rest is true. MRS. MOORE: Not the prevailing size of the lots? there are only 8 that are less than half an acre. Out of 41 lots THE CHAIRMAN: Who enjoys the privilege of small lots? MRS. MOORE: There are some there already. Why would you create more? THE CHAIRMAN: Because we have been asked to. We do not do it unless we are asked. MRS. MQORE: Haven't we learned anything? THE CHAIRMAN: What we have learned is water, density, and the number of people who can live here. Considering those items, we are referring this to the Board of Health to determine whether we are correct in our thinking. After investigation and lnspeCtio~ the Board finds that the applicant wishes to divide h~r property with insufficient area and road frontage. The findings of the Board are that the the applicant's property is surrounded by lots that are unequal in size, some are larger, several are smaller than today's zoning requirements. Other lots in the area do not meet the ~rontage requirements. The property in question was originally acquired threugh three separate deeds. Each deeded lot contained approxi- mately 23,800 square feet. 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 ~mmed~ate vicinity of the property and in the same use district; and the variance w±ll not change the character of the neighborhood and will ob- serve the sp~t of the Ordinance. On mo%ion by Mr, Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Marion M. Roussin, General Delivery, Southold, New York, be GRANTED permission to divide propeuty with insufficient area and W~flth.;.~.Location of property: Soundview Avenue, Southold, New York, bounded on the north by Halbauer; east by Private Road; south by Soundview Avenue; west by Young; upon the following condition. Board of Health approval as to location of the cesspools and the water. SQUTHOLD TOWN BOARD OF APPEALS -7- September 7, 1978 Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill, and Douglass. PUBLIC HEARING: Appeal Ne. 2465 - Upon application of Ann Helen Sarnowski, Old Cove Road, Cutchogue, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change lot lines. Lo- cation of property: Old Cove Road, Cutchogue, New York, Lot No. 196 on Map of Nassau Point, Cutchoque, New York. The Chairman opened the hearing by reading the application for a variance~ legal notice of hearing, affidavits of publication 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: Mr. and Mrs William J. Brunet, Honorah McFlemming, Mr. Edward L. Wenz. Fee paid $15.00. THE CHAIRMAN: The applicant is the owner of two or more pie shaped lots. I think it is more. ABIGAIL A. WICKHAM, ESQ: She also owns the lot on the other side of the house. THE CHAIRMAN: Which isn't shown on this survey. She proposes to enlarge lot No. 197 in order to use her garage as located on the lot. Is there anyone present who wishes to speak on behalf of this application? ABIGAIL A. WICKHAM, ESQ: We would like,to request a variance for the reasons stated in the application. We have tried to vary the size of the two lots by the pie-shaped variance to minimize the~educt~.~ ...... in area of lot No. 196. We think this will give us enough room to use the garage properly without encroaching on the neighbor's line. THE CHAIRMAN: Did you estimate how much land will be switched from one lot to another? MS. WICKHAM: No, I do not have the exact figures, but it is very small. THE CHAIRMAN: About 1,000 square feet, plus or minus. anyone present who wishes to speak against this application? no response) Is there (there was After investigation and inspection the Board finds that the applicant is the owner of three lots, Nos. 196, 197, and 198. Applicant wishes t~ change the lot lines between lots No. 196 and 197, by adding an additional ~of !~f~.to lot No. 197. ~~r~'~s with the reasOning ~f ~e~appiican~~. The Board finds that strict application of the Ordinance would SQUTHOLD TOWN BOARD OF APPEALS -8- September 7, 1978 produce practical difficulties or unnecessary hardship; the hardhip created Ks unique and would not be shared by all properties alike in the ~mmediate 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 sp±rit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED that Ann Helen Sarnowski, Old Cove Road, Cutchogue, New York, be GRANTED permission to change the lot lines between lot No. 196 and lot no. 197 as requested. Location of property: Old Cove Road, Nassau Point, Ct¢~tchogue, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2467 - Upon application of K. G. Brown Mfg, Co.,-~Inc., W±ckham Avenue, Mattituck, New York (Twin Fork Fence as agent) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to erect a 6 foot 6 inch fence around entire property. Location of property: Wickham AVenue, Mattituck, New York, hounded on the north by A. Grossenbacher, D. Reeve, P. Zapp, William Guyton, G. Lomaga; east by Wickham Avenue; south by Long Island Railroad; ~¢est by Maiden Lane The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits of publication attesting to its pu~lication ±n the official newspaperst and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Mr. A. Grossenbacher, Mr. D. Reeve, Dr. P. Zapp, Mr. W~ Guyton, Mr. G. Lomaga, Metropolitan Transportat±on Authority, Long Island Railroad Fee paid $15.00. THE CILAI~4AN: Is there anyone present who wishes to speak for application? STEPHEN J. PERRICONE: Actually all we are asking for is a vari- ance for the front yard. The rest of the fence does conform with the Town Ordinance. THE CHAIRMAN: You mean the front yard portion? How far does the fence go? Does it go all around the building? MR. PERRICONE: Yes, it does. It goes all round. TEE CHAIRMAN: Anything that is stored outside will now be within the fence? MR. PERRICOiNE: The reason for the fence across the front iS all the glass in the front of the building. THE CHAIrmAN: You are from the Twin Fork Fence Company? No one from K. G. Brown is here, correct? Who told you to construct the fence? 'SOU'THOLD TOWN BOARD OF APPEALS -9- September 7, 1978 MR. PERRICONE~ K. G. Brown. THE CHAIRMAN: Witkout a building permit? You see the fence is already constructed. MR. PERRICONE: He was having trouble and something had to be done right away. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? Cthere was no response). Is there anyone who wishes to speak against this application? (there was no response). I think the Board has noted that the applicant has had some trouble with vandalism. Many of us have in the last few years. Vandalism seems to be increasing. We can sympathiz~ for his need for the fence. Actually the only portion of tAe fence that needs the Board's approval is the 90 feet across the front because ~t ~s higher than the standard permitted. Incidentally, is th~s electrif±ed? MR. PERRICONE: No. THE CHAIRMAN: Barbed wire, facing outward? The applicant appar- ently proceeded without a building permit. Board should regard this as not being prejudical. Afterinvestigation' ' and inspection the Board finds that the appli- cant Wishes to erect a 6 foot 6 inch fence in the front of his property to deter vandalism on his property. 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 ob- serve the spirit of the Ordinance. On mo~ion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that K. G. Brown Mfg. Co, Inc., Wickham Avenue, Mattituck, New York (Twin Fork Fence, as agent), be GRANTED permission to erect a 6 foot 6 inch fence in the front yard area. Location of property: Wick- kam Avenue, Mattituck, New York bounded on the north by A. Grossenbacher, D. Reeve, p. Zapp, William Guyton, G. Lomaga; east by Wickham Avenue; south by Long Island Railroad; west by Maiden Lane. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2468 - Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect an accessory sh-d in the front yard area. Location of property: Leeton SOUTHOLD TOWN BOARD OF APPEALS -10- September 7, 1978 Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. The Chairman opened the hearing by reading the applicati~n,-~0r.-a variance, legal notice of hearing, affidavits of publication attesting to its publicatio~ 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: Harriet Freedman, Edward Ferguson. Fee paid $15.00 THE CHAIRMAN: We were out there and the problem is as stated by the applicant. Is there anyone present who wishes to speak for this application? JOHN LEONARD: I am speaking for Jean Leonard. THE CHAIRMAN: 1 think the only place you can put this shed is where Mrs. Leonard stated. I think the only thing we would ask you to do is have the shed 3 feet off the lot line, which is not very much. ~OHN LEONARD: We wanted to put it that close to the lot line for we have a!Qt of company each weekend, and we want to keep the cars off the road. THE CHAIRMAN: Does anyone wish to speak against this application? (~here was no response). After investigation and inspection, the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board agrees with the reasoning of the applicant. The building is needed to store bicycles, tools and yard furniture during inclement and winter weather. 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. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Jean C. Leonard, 143 Harbor Road, Cold SPring Harbor, New York, be~GRANTED_~.pe~m~ssion to construct accessory shed in front yard area. LoCation of property: Leeton>~]Drive, Southold, New York, bounded on the north by Long ISland Sound; east bk- P. C. Carrol; south by Leeton Drive; west by H. Freeman, upon the following condition: The storage shed shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs: Gillispie~Grigonis, Tuthill, and Douglass. SOUTHOLD TOWN BOARD OF APPEALS -11- September 7, 1978 PUBLIC HEARING: Appeal No. 2464 Upon application of Albin Januick, (Rudolph Bruer, Esq.), Kouros Road, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, area and parking schedule, for permission to divide property with insufficient frontage and area. Location of prop- erty: Kouros Road, New Suffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by ~arkins; south by Kouros Road; west by V. Gleason. T~he Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits of publication attesting to its pub.l~cation in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: ~ti~er Kelly, Clifford R. Tyler, Jack Naldjian, Esther M. Harkins, Mr. and Mrs. Vincent Gleason. Fee paid $15.00 THE CHAIRMAN: The application is accompanied by a sketch indi- cating that each of these lots will be 187 plus feet in length and 95 feet in width on Kouros Road, and the northerly end. Each lot will have 17,7~5 square feet. The lots immediately to the west and east on Kouros Road are indentical in size. Two lots to the rear on Fanning Road and adjoining this property are approximately 20,000 square feet each. Another lot No. 5 ~s smaller. Across the street is a lot containing 14,000 s~uare feet and a 50 foot proposed road and another slightly larger lot, 189 feet by 155. Is there anyone present who wishes to speak for this applicat±on? RUDOLPH BRUER, ESQ.: In connection with the last statement by the Cha±rman, the lot 189 feet by 155 feet was divided last year, last fall into 2 lots. No. 18. 94 x 189. I think the proposed division would conform to the nature of the area, would not create an unreasonable upon the services of ~he Town, and would allow the applicant to sell either i~ residence or the adjoining lot. We would appreciate the Board con- sidering the application favorably. THE CHAIRMAN: I think that we will make it subject to the Board of Health approval'. Mi{, B~UER: That would be automatic upon application for a Building Permit. T~E CHAIRMAN: It would be automatic for that, but not~forJs~lti~g the lot. MR. DOUGLASS: You have to get their approval first. THE CHAI~: You have to get approval of the wells and cesspools. We think it is feasible. We ran into a case the other day where a man built a house but could not get water or sewage approval. I think we are going to require that from now on. MR. BRUER: I think that is an unreasonable burden upon this S~UTHOLD TOWN BOARD OF APPEALS -12- September 7, 1978 applicant. THE CHAIRMAN.: To provide a man with a buildable lot is an un- reasonable burden? MR. BRUER: N0~f necessarily. The requirements for going to the Board of Health with respect to ~ sale of a lot. The purchaser may buy a lot and not want to build for 2 or 3 years. You are almost rendering a piece of property may be unmarketable until such time when he actually goes ahead and does it. Now to go to the Board of Health you must go there with plans and an application indicating that you really want to build. With respect to the sale of a lot it is not exactly practical in all instances. You.are making a piece or property possible subject to reversion some years down the line. THE CHAIRMAN: Wouldn't it be better to find out now if it is buildable? For everybody except the seller. '~"BRUER: That sounds very good, Mr. Chairman, but a potential purchaser which we do not have at this time, may not want to build or necessarily have any plans as to what he wants to do at this time. THE CHAIPd~A~: Whoever has plans for a lot this size in this area is going to be guided by the Board of Health anyway. MR. BRUER: What are we talking about? The putting in of test wells? Are we putting in the location and actual depth of cesspools? THE CHAIRMAN: Maybe you can get a letter from the Board of Health saying they have no objection to the division of the lot. MR. BRUER: They do not work that way. I would ask you to go down and speak to Mr. Calvin Smith about a health permit. He zs a very un- reasonable person. THE CHAIRMAN: Who is Mr. Smith? MR. BRUER: Mr. Smith is the man you will run into when you go down witk a building survey which is required by the Health Department. They require elevations at all corners. You just cannot have a typical survey showing the dimensions of a piece of property. There are alot of requirements with respect to going to the Health Department and getting their approval. THE CHAIRMAN: You mean you cannot go to the health department and get approval for the divislon of this lot as far as space requirements are concerned. In other words, can you locate water and cesspools in v~ew of the properties that are already developed along side of it? MR. BRUER: My recollectin of the requirements of the Board of Health change every month. What are we talking about when we Say Board of Health. Do you mean now or do you mean in 3 to 5 years? THE CHAIRMAN: Now. S~UTHOLD TOWN. BOARD OF APPEALS -13- September 7, 1978 MR. BRUER: You are asking that the applicant go down and get permission from the Health Department for the erection ...... THE CHAIRMAN: You are telling me it cannot be done. MA. BRUER: I am not saying that it cannot be done. I think it can be done, but I do think you are creating an ~nreasonable burden on the applicant. THE CHAIRMAN: We had a fellow come here not long ago~who wanted to divide property ±nto 3, almost full size lots, but it bordered on the water. We knew there was water difficulty and asked him to go to the Board of Health to. get their opinion as to whether or not this would be feasible~to divide the property into 3. He came back and verbally said that the Board of Health said okay.that there was plenty of water there. We asked kim %o get written confirmation of what he was saying. He never came back. MR. BRUER: My information of the Board of Health is that they do not do that. They talk to you when you show up before them with a "Builders Survey" which sets forth the elevation on all 4 corners of the premises. The whole set-up under their present rules is to put everything on a survey today. You must show up with a survey showing all wells within 100 feet of existing water and cesspool systems. They also require further th±ngs with respect to ultimate approval of the lot with respect to how deep you are going with respect to your pools. They require that they be present for tke water testing. They require that they be there for the digging of the cesspools, to make sure you are 7 feet above the water table. They must approve the various systems relative to a certain lot. What you are asking here is that this particular individual, Mr. Januick, to be an ins~urer ±n the future of this lot. That is not fair. TME CHAIRMAN: I think perhaps he should be an insurer when he sells, don't you? MR. BRUER: No, Buyer, beware. THE CHAIRMAN: I am glad to hear this argument. It is well stated. I have not been to the Board of Health for a long time. MR. BRUER: Go down and speak to Mr. Smith. THE CHAIRMAN: I do not know if there are any particular prob- lems up there or notl The reason we suggested this was where there is a house on either.side of this property to be divided ..... M~. BRUER: Mr. Gillispie, let me say this to you. When you look at the property across the street that has been divided, which has also been purchased by Mr. Januick for the purpose of-building his primary residence. He is going to sell his present residence and hopefully... actually, he is going to retain the lot, for a p°ssible future s~te. The situation kere, if you look at your records of the area .... ~ have been before the Boar~ in the last 2 years-%~ith respect to other vair~nces on this particular type of property, and this is the first time I have seen $O~THOLD TOWN BOARD OF APPEALS -14- September 7, 1978 this Board impose this very harsh requirement. I think it is a very harsh requirement, and a very unreasonable one. In effect I think the Town .... I think you are condemning this particular piece of property. THE CHAIRMAN: I do not thin~we are quarreling with the size of the property that you want to divide it into. It is applicable to the neighborhood. What we have run into recently is a case where a man built a house and then found he could not get water. MR. BRUER: I have been a practising attorney in this Town since 1970, 1971. With the present rules with respect to the County DEC, the State DEC, the various requirements of the Town, County and State, as an attorney, I am very nervous when I represent any person buying a vacant piece of property. That is the responsibility of the purchaser or his attorney when he buys the property to determine what he has got. You cannot be an insurer as to the type of water and to the type of cesspool sit, at±on you have at the time the piece of property is ultimately built upon. You are talking about property here that goes from one hand to another person many many times without it being built upon. I think in th±s case to go along on a division like this in an area where everything ks suhStantially con~orm±ng to what we are asking .... We do not have a b~ye~, but you do not know if they are going to buy for speculation or whatever. The costs involved in going and complying with the present Board's requ'irements, the Board of Health this is, doesn't mean that 10 year~ down the line that there are not going to be problems with the Board of Health. A year ago they did not require the Builder's survey. They just don't go and give out a letter that the property meets the requirements. Under Mr. Terry, this Town started a policy of giving out Certificates of Occupany on vacant land for the purpose of satisfying some of these requir.~ments. THE CHAIRMAN: I do not see what bearing that has on this. MA. BRUER: You used go down there where you have a farm for instance, and a part is cut out for whatever reason and you have permission it is not uncommon for them to come back to you and say they want a his- tory or title report of all surrounding property for the purposes for ~howing that there has not been an illegal subdivision. Apparently this · s what has happened in Brookhaven Town and western towns. What the Building Inspector does do is supply a particular applicant, if it meets all the other requirements of the Ordinance, they will issue a Certificate of Occupany. THE CHAIrmAN: We ran into one the other day. It was apparently an ±lle~at d±vis~on. Presumably this is what they are looking for. I think I tend to agree with you. It may be burdensome. Now on subdivzslons you have to prove your water. MR. BRUER: What you are asking for here is not even required on a minor subdivision by the Town Plannin~ Board on a minor subdiVison on four lots or less. THE CHAIRMAN: It isn't. Then I have to say that I agree with you. Wh'at do you think, Charlie, Terry? SOUTHOLD TO~ BOARD OF APPEALS -15- September 7, 1978 MR. GRIGONIS: Like Mr. Bruer says that lot may change hands 4 or 5 times before anything happens to it. MR. TUTHILL: I am fairly familiar with real estate here and with the Board of Health'requirementS, and I sympathize with what Mr. Bruer has presented. I agree that this requirement may be a little premature. Whsn and if the lot is sold would be time enough. MR. BRUER: Typically, one of the requirements that a purchaser's attorney asks if they intend to build, getting the permits and going and doing it. The seller will say, okay as long as you do it within a specified amount of time. They are covered and protected that way. all. MR.-.-DOUGLASS: I don't want to see anybody hurt that buys it, that's ~R. BRUER: I don't want to see that either. I have represented people who have gotten stuck. At that particular time, I think it was their own fault. MR. DOUGLASS: You had a case in Mattituck that a party bought land and could not build on ito MR. BRUER: It depends how far you go on it. There is a point where you have existing property, that has been created over the years, and whether a particular agency says you can't do it or not, I do not necessarily agree that you should stop there. There is a point where regulations become condemnation. THE CHAIRMAN: That is true. Is there anyone who wishes to speak against this application? (there was no response). You can requlate this to death. There are environmental impact statements and such. You can't protect everybody. After investigation and inspection the Board finds that the applicant wishes to divide his property with insufficient area and width. Each of the lots will have a 95 foot frontage on Kouros Road and 187 feet in depth, and contai~ 17~.785 square feet. The lots immediately to the west and east on Kouros Road are indentical in size. Two lots abutting on the rear are appzoximatety 20,000 square feet in size. 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 Qf 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. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Albin Januick, Kouros Road, New Suffolk, New York, be GRANTED permission to divide property with insufficient frontage and area. Location of property: Kouros Road, New sUffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by Harkins; south by S'©UTHOLD TOWN BOARD OF APPEALS -16- September 7, 1978 Kouros Road; west by V. Gleason. VOte of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2466 - Upon application of Betsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by W±lsberg; east by G. E. Latham, Jr., south by Private Road; west by Long Island Lighting Company. The Ckairman opened the l~earing by reading the application for a v r~ance, legal notice of hearing, affidavits of publication attesting to its publl~6at±~n 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: E. Wilsberg, G. E. Latham, Jr., and Lilco. Fee paid $15.00 THE CHAIRMAN: Is there anyone here who wishes to speak for this application? The application is accompanied by a survey BETSEY LATHAM: I do not know what to say though. THE CHAIRMAN: It appears that the house you live in will have '32,000 squa~:~ ~feet in it according to this survey. The lot you propose to the west w~ll have 29,000 square feet. Both of these lots are under- Sized under ~e'present ordinance. Also as I understood the applicatimn your cesspools are on the westerly lot, what you.would like to have be- come the westerly lot. You in turn would have them put cesspools on your lot. Is %hat correct? Is that what you ~aid? Is it true that you own the property j~ointly across the right-of-way with George Latham. ~7%hink %he proper s~ution of this would~be for you to get some land from the pa ..~ ~cross the road and including the right-of-way. Using the right-of- way and takin~ some of the land from the jointly owned land, you would then get enough ~ have two, 40,000 square foot tots. I do not think this Board can ~pprove of two undersized lots in an area where we already have ~ater diffi~ity, known water difficulty. And in an abSence of 'small lots in the surroUndi~g area. We suddenly would be creating two undersized lots on what was Originally a large farm. Do you understand? ~.KIM QZ~NKOWSKI: This is my wife's grandmother. The jointly ownsd proper~ ac~s the street is not directly across the street. THE CHAIRMAN: I know. MR. DZENKOWSKI: It is substantially offset, and would make an extremely odd-shaped lot to include .... THE CHAIRMAN: I think one thing that would be done, would be to SO~THOLD TO~IN BOARD OF APPEALS -17- September 7, 1978 swing the line a little bit. MR. DZENKOWSKI: In order to maintain a minimum amount along side her house, it would still not be possible to get the 40,000 square feet. THE CHAIRMAN: I do not think you can get 40,000 out of either lot unless you add some property to it. MR. DZENKOWSKI: YoU would need to add some from across the street. ~HE CHAIRMAN: It is not a street, its a right-of-way. MR. DZENKOWSKI: That is also a right-of-way for another piece of property. THE CHAIRMAN: For G~orge Latham's? MR. DZENKOWSKI: Well you have another right-of-way involved for the government. THE CHAIRMAN: It is for the government and for the people who live out here isn,t it? Wilsberg doesn't have a right of way do they? MR. DZENKOWSKI: He claims he does, but legally, I do not know. THE CHAIRMAN: Actually this is used now up to where you cut to the south on the right-of-way? MR. DZENKOWSKI: Yes, that is what is used for the access. THE CHAIRMAN: That is used by Hughes and the government? We think what you can do is swing this line if you wanted to so that when it reaches %he .... in other words an extension of the line that you have drawn. The line now goes through 2 buildings which is not something we like to do as we have gotten into trouble. MR. DZENKOWSKI: Those buildings can be moved in about 2 hours work. There are no foundations under them. THE CHAIRMAN: We think if you swing the line, it would change the distance of 15 feet, this way, it would take the southerly end more to the east. MR. DZENKOWSKI: ~Let me explain what I mean. The p~rpose of this was to give him a back yard, something that was usable. ~ ~R DOUGLASS: You only have to swing this a little bit. T~LE CHAIRMAN: You don't have to swing it this way if you don't want to. MR. DZENKOWSKI: He prefers not to have a jog in there. I don't know if I don~t blame him. It's a matter of preference, of course. S~U~HOLD TOWN BOARD OF APPEALS -18- September 7, 1978 THE CHAIRMAN: It was just the most obvious thing that we saw. MR. DZENKOWSKI: That would substantially reduce her frontage. Wouldn't that make a problem as far as access? CHAIRMAN: No. MR. DZENKOWSKI: What would have to happen then is to separate it then, because it is joi'ntly owned. THE CHAIRMAN: I think you would have to do that. It is you and George Latham, Jr. who Dwn the property together. MRS. LATHAM: I do not think we should really divide that. It would stop the sale of that sometime. I would rather take more off of mine to give to him. THE CHAIRMAN: You see the problem is you do not have enough. Mk. DOUGLASS: May I make a point. George has this piece in between your house and his, an area like this. If you get together with Geore, we figured this out. We will give you the area of the road in the property that you are lacking so that you are not losing the area of the access. THE CHAIRMAN: The access has about 4200 feet in it. This will help you. ~~SS: It will take you about 70 feet into this land to get the rest of the land. If George also took that 70 feet and added it up to here at a later date if %h~3 wants a building lot between the two houses, he will still have enough. You will still have 323 feet between that strip and the Bay for building lots. MR. DZENKOWSKI: As it is now that parcel is roughly. 4 ac~es. As it stands now, it is perfectly dividable into 4 building lots. THE CHAIRMAN: But 40,000 square feet is a building lot. What you need is about 14,000 square feet. We have worked it out here. Borrowing 42Q0 feet here in the right-of-way which actually you could move the right-of-way down here. Which might provide for an entrance to these three lots down here. MR. DZENKOWSKI: That could be moved, but right now it is used for heavy equipment for the telephone company. THE CHAIRMAN: This one, or this one. MR. DZENKOWSKI: The whole thing because their telephone line comes straight down here. They use the right of access here. They move some fairly large equipment. The government runs their bulldozer down there. To put a road down there, it would have to be something substantial. MR. DOUGLASS: But when you subdivide over here, you will still have . SHUTHOLD TOWN BOARD OF APPEALS -19- September 7, 1978 to provide a way into the property. Ail the surrounding area property is an acre. MR. DZENKO~SKI: What I was trying to point out is that it is possible at a future date. MR. DOUGLASS: It will get subdivided at some future time. Ail your surrounding area is now one acre. Along in back of you and every- think else. MR. TUTHILL: What if you go all the way to the Bay with a narrow strip. That might give you the 40,000 square feet. THE CHAIRMAN: You could even take in this other right-of-way. MR. TUTEILL: When that is ever sold, you will have to have a 20 to 30 foot r±ght~of~way. WILLIAM WYSOCKI, JR: I do not wan= the 30 foot strip on the Bay, since I am going ~o buy that lot. ~R~i~iTUTHILL: That would seem to be the most desirable place to pick up the footage. THE CHAIRMAN: See, you must pick up 40,000 square feet here some- where. Total. BETSY LATHAM: You can't take it from my house? THE CHAIRMAN: See, this is the problem. One of the lots is 32,000 and the other is 29,000 square feet. There is the deficit needed for each lot to make two, 40,000 square foot lots. 7,000 square feet on one lot and 10,000 square feet on the other. MR. DOUGLASS: YOU have to pick up land for both parcels. MRS. LATHAM: Who but my grandson would buy a lot the way it is situated right now? MR. DZENKOWSKI: This is definitely industry. The circut breakers flip on and off during the night. There is alot of noise there. MR. DOUGLASS: We have a big problem with the water table down there. MR. DZENKOWSKI: That is the same ~S Bruer went through. MR. DOUGLASS: That is not true at all because the water tests have already been made down there. The supply has already been determined for the whole point~ MRS. LATHAM: That does not affect the water where I am. MR. DOUGLASS: It affects the number of lots. MR. DZENKOWSKI: That was behind the Inn. You certainly don't know if the water supply is there or no~. . S~UTHOLD TOWN BOARD OF APPEALS -20- September 7, 1978 MR. DOUGLASS: Yes and no. THE CHAIRMAN: Well, Bob, you installed the~l$~rigation, didn't you? MR. DOUGLASS: The irrigation when Ed Hommel put it in. They had a problem there. THE CHAIRMAN: We know there is a water problem. We know the Wilsberg and Cron group have been held up for that reason. It would ill behoove us to create undersized lots whe~e?theke are none. MR. DZENKOWSKI: Do they have a proposed map for their develop- ment down there? Are all those one acre lots and the minimum frontage and all? MR. DOUHLASS: THE SECRETARY: cluster zoning. Yes. The last proposal to the Planning Board was for MR. DOUGLASS: That was turned down. THE SECRETARY: No, they never pursued it any further. MR. DZENKOWSKI: If you force these people to have 40,000, and then the Planning Board approves their cluster zoning. They are going to have irregular shaped lots down there. THE CHAIRMAN: We do not have anything to do with cluster zoning. MR. DOUGLASS: It does not come before this Board. MR, ~DZENKOWSKI: The point I am making is this is not fair to either party, for the planning board to accept it and you refuse this. THE CHAIRMAN: The cluster zoning is related to the water supply. Then it is fair. That might be the reason you might have to have cluster zoning, MR, DOUGLASS; They might cut down the number of houses they could put out down there. MR. DZENKOWSKI: I see what you mean. MR~ DOUGLASS~ Make him leave all sorts of open land. It would make ~t come out to alot more than an acre then. THE CHAIRMAN: Even one acre zoning involves alot of water. MR. DOUGLASS: Why don't you talk to George and come right across with a line. MRS. LATHAM: I don't think he would go along with that. . $6U~HOLD TOWN BOARD OF APPEALS -21- September 7, 1978 MR. DOUGLASS: I don't know, he works pretty well with you. MR. DZENKOWSKI: Just for the sake of argument. Let's say, he would not agree to the changing of the lines, would it behoove us to reapply as it is? THE CHAIRMAN: Who owns this right-of-way right here? MR. DZENKOWSKI: It is a jointly owned right-of-way. MRS. LATHAM: We own the road down past where Dwight lived and then W±lsberg. They had a right of way over our land, and we had one over theirs. THE CHAIRMAN: When you say "we", do you mean you and George, Jr.? MRS. LATHAM: No, my husband and me. THE CHAIRMAN: You owned this right of way, down by the Bay? MRS. LATHAM: He and his brother. Now George, Jr. owns the other half with me. THE CHAIRMAn,: You can always come back. I do not know what we can do for you. We can always reconsider it. It would be pretty difficult to permit somebody who owns this much land to create undersized lots. MR. DOUGLASS: If you weren't surrounded by one acre down there .... MRS. LATHAM: I had hoped you would grant this so I would be able to have someone down there with me. It is very hard for me there alone. On motion by Mr. Gillispie, seconded by M3~-. Grigonis, it was RESOLVED that the Board of Appeals POSTPONE INDEFINITELY the decision on Appeal No. 2466 in order to allow for a workable solution to be f~und. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill, and Douglass. PUBliC HEARING: Appeal No. 2463 - Upon application of Eastern Long lslan~ Kampg~o~nds, inc., Queen Street, Greenport, New York, for a ~pec~al exdaPtion in accordance with the Zoning O~dinance,~Article V, ~eC%ion 100~50 B (5) and Article VI, Section 100-60 B (1) as revised by Local Law No. 4, 1978, Chapter 88, Article II. Location of property: Quee~s Street~ Greenport, New York, bounded on the north by County Road 27; east by Q~een Street and Village of Greenport; south by Village of Greenport; west by Village of Greenport, Judith F. Fenno, Arthur Fran- cisco and Mrs. Leo Sledjeski. The Chairman opened the hearing by reading the application for a variance, l~gal notice of hearing, affidavits of publication attesting to i~s publication in the offici~ newspapers, and disapproval from the ~ ~QUHHOLD TOWN BOARD OF APPEALS -22- September 7, 1978 Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Mrs. Leo Sladjeski, Judith F. Fenne, Arthur Francisco, Village of Greenport, Pee paid $15.00. THE CHAIRMAN: Would this be August 4, 1978, that this was witnessed? I just wondered, this application was made before you re- vised the site plan apparently. MR. RICHARD WILTON: We turned the site plan into the Board of Appeals and Planning Board at the same time, and when I was going over the plans with the Building Inspector some minor modifications had to be made. The plans that are submitted are in agreement with the Town of Southold Ordinance amended by Local Law No. 4. Our trade is mostly over the weekends when business increases, and during the week it is still very slow. We had ma~e the neighborhood look better due to the fact that since we have been there the neighbors have cleaned up their lots to go along with our campgrounds. THE CHAIRMAN: We have not been kept abreast of what has been happening. We read in the papers that the Ordinance was changed to include a 2500 square lot size on certain types of vehicles which are defined. MR. WILTON: What they did was to take a partial step toward the County requirements. The County Health Department requires 1500 square feet f~r~&n overnight camper and 2400 for a destination type camper, which means you wish to stay all summer. What the Town Fathers evidently did saw fit to say was you can gave campgHounds that are 2500 which are con- siderably what the County wants. Which I guess is quite reasonable. THE CHAIRMAN: ~Is~this~being applied for under Article II, this special exception? MR. WILTON: As amended by Local Law No. 4 THE CHAIRMAN: The special exception referred to in the Zoning Ordinance is Section 100-50 subsection B 5, Article VI, Section 100-60 B (1) as revised by Local Law No. 4, 1978, Chapter 88, Article It. This application is for a special exception under the Article II. MR. WILTON: For an additional 24 sites. THE CHAIRMAN: It inc%p~em 24 more sites which have been created by dividing by some of the OLd 5,000 square feet sites. MR. WILTON: And ~ +c~ea~ting a loop through the woods. The com- bination of the two. clear. THE CHAIrmAN: We have a couple of questions about this that aren't Peripheral streets, 24 feet in width, two-way. Have you got this. MR, WILTON: Yes, sir. Right around the whole place. SQUTHOLD TOWN BOARD OF APPEALS -23- September 23, 1.978 THE CHAIRMAN: The one-way streets? MR% WILTON: They are indicated here, here, and here. Three locations. THE CHAIRMAN: They are fifteen feet? Okay. Article II permits a smaller area than originally permitted for each trailer space? MR. WILTON: The original requirement was 5,000 square feet. Many homes in Greenport are built on a lot with less than 5,000 square feet. A tent, travel trailer and car do not need that much space. THE CHAIRMAN: Front and side yards of 15 feet. Rear yard 10 feet. The vehicle has to be located within that. In locating a vehicle that comes in here, how would you pick out which site to use? MR. WILTON: People who work for me are instructed to park the large motor homes, the air streams and winnebagos along the perimeter, up here on the 50 x 100 sites. Pop-ups which are the small units, tents, truck campers they have the liberty of putting them on the smaller sites. THE CHAIRMAN: Motor homes, what are the sizes of those? MR. WILTON: They can be up to 32 feet in length, and around 8 feet wide. They are instructed to park them on the larger sites, Nos. 1 through 14 on the plans, plus the whole center section, 45 sites altogether. Most of our trade to date has been truck type campers, tents, pop-up types, which told up. THE CHAIRMAN: What is this plot size, 25 x 50? MR. WILTON: The larger ones are 50 x 100, which is 5,000 square feet. The smaller ones are 50 x 50, which is 2,500 square feet. These are still some of the larger sites in the country. THE~CHAIRMAN: I am sure you are right. I am just trying to under- stand this. MR. WILTON: One of the problems I have is trying to park such a small vehicle on such a large lot. THE CHAIRMAN: These lots are 50 x 50, but they are not square. WILTON: Almost rectangular. THE CHAIRMAN: Quadrangular. This one does not very square to me. An acute angle there if I ever saw one. MR. WILTON: The location of the water and electrical outlets more or less govern where the people have to park. THE CHAIRMAN: How about the dedication of the 17 foot strip to the Town? S~UTHOLD TOWN BOARD OF APPEALS -24- September 7, 1978 MR. WILTON: That is being done right now. THE CHAIRMAN: What was that, part of Queen Street? Part of what is now Queen Street? MR. WILTON: Yes. THE CHAIRMAN: How about the lighting? MR. WILTON: The lighting is provided in accordance with the lighting schedule that we provided for the Town Board. We are waiting for the Town and Lilco, I am not sure about who is holding it up, about the lighting along Queen Street. That is the only thing that is deficient r~ght now. MR. DOUGLASS: According to law, you have to have lighting along each road in the camp. MR. WILTON: We have tkem on ~e buildings which is sufficient to light the campground. THE CHAIRMAN: You mean at these buildings? That is sufficient to light the whole camp? MR. WILTON: Yes. THE CHAIRMAN: Who was the authority on this? MR. WILTON: Kampgrounds of America, and my experience at being there at night. It really shouldn't be like an A & P parking lot. It should be light enough~to see your way around and prevent accidents, yet dark enough to allow people to sleep in their trailers or tents. It was sufficient to satisfy the Town for the 124 sites, now we are 3ust asking for 24 more sites. THE CHAIRMAN: How about the fences? MR. WILTON: The fencing has been done. The only fencing not done to date is along the Village property. That will be done when we put campsites with±n 50 feet of their border. MR. DOUGLASS: It is all the rest of way around? MR, WILTON: We are up to this property line (pointing to the map) a~l the way down to the Main Road, and here up to the end of Bolling's p~ope~ty. ~hen I go within 50 feet of the Village property, I have to fence that. That is something I want to do anyway. I just have to wait for the income stream to do it. MR. DOUGLASS: What about the trailers using spaces out in the woods? MR. WILTON: They are not close enough to the border to warrant it. S©UT'HOLD TOWN BOARD OF APPEALS -25- September 7, 1978 MR. DOUGLASS: Do you have approval for that part? MR. WILTON: Yes. CHAIRMAN: Over here in the woods? MR. WILTON: In the woods there I am not.near the boundary line of the Village and the Kampgrounds. THE CHAIRMAN: How close can you go? MR. WILTON: 50 feet. THE CHAIRMAN: When you go inside the 50 feet, you must fence it? MR. WILTON: As long as I keep my campers away from the boundary lines I am within the rules laid down. THE CHAIRMAN: Whether we delay this tonight or not, I do not think it will make any difference to your operation. I think we have to find out a little bit more about it. MR. WILTON: Wells I come with approval from the Planning Board, the Building Inspector, all the experts in the field look it over and tell me to go ahead and proceed. MR. DOUGLASS: You are splitting though between two types of campsites.. The way your application is, wouldn't you have been better... ~.WILTON: For practical purposes, yes, but the Ordinance does not recognize that. They tried to yet the Town to recognize the difference between a tent site and a tra~et trailer park. Apparently, they did not want to do it. MR. DOUGLASS: They have. They have a new recreational vehicle parks ordinance. Wouldn't you have been better off to file under this new section? MR. WILTON: But, we are. MR. DOUGLASS: Cancel out the other so you are not under two ordinances? THE C~AIRMAN: You do not have to cancel out the other. This provides permission to use What you have there now. MR. WILTON: Plus add 24 more sites which are in accordance with the Section II, which are less than 5,000 square feet. THE CHAIRMAN: Is there anything to pre,vent you from adding any more sites? Why don't you ask for twice as many? MR. WILTON: Because it is impractical to divide it any further. Sites like this, there is no way I can practically divide it. A landlocked S©U~HOLD TOWN BOARD OF APPEALS -26- September 7, 1978 site like this, you could not get into it. THE CHAIRFaAN: You had to take the ends off then? MR. WILTON: Right. I would like to capture the end of the season and utilize the extra sites. THE CHAIRMAN: You mean these sites? A~en't you using them now? MR. WILTON: No, not all of them. I stop my occupancy at 124, which is what my permit says. I have some major holiday weekends coming up~ and I would like to use the extra sites. THE CHAIRMAN: Well, it seems to me that he has answered all the questions that Bob Tasker brought up. He dedicated the strip, lighting is proper and correct, applying under Article II, and actually the defi- nition of a vehicle permitted on one of these smaller sized 10ts would also cover motor homes, wouldn't it? One does not conflict with the other? MR. WILTON: No, it doesn't. Most of our campers have been quite pleased, and have made reservations to come back. They say we have the cleanest campground they have ever been in and the most-m~dern. There has no fault with the site size, if anything the siz~ is too large. There has been no fault found with the lighting. THE CHAIRMAN: Do the laundries work? MR. WILTON: Yes sir. The dryers too. The only fault is the swimming pool. I picked a bum to build ito MR. TUTHILL: Have you had to turn away business on weekends? MR. WILTON: Yes. MR. TUTHILL: You are convinced you will utilize the additional un~ts? MR. WILTON: Yes, this past weekend we could have booked 75 more units. We stopped taking reservations two weeks before the holidays. THE CHAIRMAN: This past weekend? MR. WILTON: For Labor Day Weekend. We cut off taking reservations in the middle of August. People who drove in we had to say, gee I'm sorry. THE CHAIRMAN: How many have of the units have lights, electricity and water? MR. WILTON: ~8 T~E CHAIRMAN: These dots indicate~what? MR. WILTON: Water and electric° S~UTHOLD TOWN BOARD OF APPEALS -27- September 7, 1978 THE CHAIRMAN: Do some of them just have electric? MR. WILTON: They have nothing, or water and electric, or water, electrlc and sewer. THE CHAIRMAN: Some of them have sewer? How many? MR. WILTON: 8, the sewer sites go first, and the self-contained units go next. THE CHAIRMAN: With no water and electric? MR. WILTON: They get a cheaper rate for that. That's primarily... THE CHAIRMAN: What is the rate, just out of curiosity? MRs WILTON: $7.00 per night without hook-ups. $9.00 with water and electric. $10.00 with water, electric and sewer. Compared to McCanns which gets $5.50 for water and electric. To get the use of the clean bathrooms, clean sho~¢ers, swimming pool, people are willing to pay some more. Not much more. I get alot of static, but they do pay it. MR. TUTHILL: These dots mean service fer all the lots in that particular area? MR. WILTON: It means service for these 4 lots, yes, These other lots would be self-contained. They would have to use their own battery power, take advantage of the bathroom facilities. These people could use the water and electric. THE CHAIRMAN: The sewage too? M~. WILTON: One of them° THE CHAIRMAN: Could they all hook into it at once? ~R. WILTON: No, just one per site. When you go down this loop, every other site has sewer. It is really a luxury. Trailers and motor homes do not need sewer because they can carry their own waste for about three days. THE CHAIRMAN: Where do they eventually dump it? MR. WILTON: Over here by the entry fence, there is a dumping station. When they get full, they dump their waste, and then go back to the campsite and have about 30 gallens of storage space. Just like boaters but mostboats dump in the Bay. ~e have received many favorable comments from the merchants in Greenport and Southold, especially the gas stations and restaurant Owners. MR. DOUGLASS: KOA controls you on what you can do in an area don't they? How much would KOA allow you for this amount of property? MR. WILTON: 220 sites, which was our original application 6 years ago. . SOU~HOLD TOWN BOARD OF APPEALS -2B- September 7, 1978 MR. TUTHILL: Do you have room for additional sites? MR. WILTON: After this, no. MR. TUTHILL: This is going to be all you have? MR. WILTON: Right, unless I buy other lands. I am maximized at this point. THE CHAIRMAN: The Planning Board is happy? Did they give you a permit? What ab_out the Town Board? MR. WILTON: The Planning Board has approved this. The Town Board is next. THE CHAIRMAN: The Town Board delayed it? MR. WILTON: Right. With this approval, I can now go back and reapply. MR. TUTHILL: The way it looks to me they will not issue a permit until we approve this? MR. WILTON: Right, they are the last link in the chain. THE CHAIRMAN: Town Counsel thought we ought to delay this and have Dick Lark revise this to meet the specifications of Article II. This does meet Article II. You already applied under Article I, and it was granted. MR. DOUGLASS: He is under a Tourist Camp now, and will go under the Recreational Vehicle Parks. The way they are building thin~s today, you might get vehicles up to 35 feet. MR.-~WILTON: What is the law? MR. DOUGLAS: 33 feet now. THE CHAIRMAN: There is a 30 day time limit to stay. I would not think that would make any difference to you. MR. WILTON: In fact, I encourage people to stay less time, because this type of business you are better off with a turn over. That was my reasoning for the one week stay. THE CHAIRMAN: Seasonal use? MR. WILTON: That is no problem. a T~HE CHAIRMAN: You have/peripherq! street 24 feet in width. You have the required lighting. Total fencing. That was not required until you actually use some of the sites? MR. WILTON: Yes, we have used a couple. We have not used any that are within 50 feet of the Village line. In fact I don't think any of the sites are within the 50 feet limit. There is a drainage swale in the back . SOUTHOLD TOI~N BOARD OF APPEALS -29- September 7, 1978 which forces the people to park in the front of the site. Those sites are 100 feet deep. MR. DOUGLASS: I understand you had the Greenport Fire Department there testing your roads. MR. WILTON: They are up there every weekend with the big ladder truck around the roads looking for girls in bikinis. MR. DOUGLASS: They said they could make it with no trouble. On these little 15 foot roads you have to have 5 feet of clearance on each side of them. MR. WILTON: We have it. THE CHAIRMAN: How are these lots marked? MR. WILTON: They are marked mainly by the power pedestals which are the points that people back up to. In the future we plan on plan~ing Japanese pines at the corners of the sites. THE CHAIRMAN: There is nothing in the ordinance about that, is there? MR. WILTON: It says the property shall be defined and permanently marked. THE CHAIRMAN: As far as I can see all the requirements are being met. Does anyone wish to speak against this application? (there was no respOnse) .After investigation and inspection the Board finds that the appli- cant wishes to ihcrease the number of his campsites from 124 to 148 The f~ndings of %hS Board are that the Planning Board has approved the site ~lan ~ontai~i~g 148 sites dated AUgust 21, 1978, subject to!~.the from the Town Board for the additional sites and a tourist camp, legally establis use districts wi spirit of the Or ~ Board of Appeals for a special exception to operate .g additional sites. Also, the Suffolk County deemed this a matter for local determination _. letter of September 12, 1978. The Board finds that welfare and justice will be served and the ~d or permitted use of neighborhood property and adjoining · not be permanently or substantially injured and the be observed. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardshi~ the hardship created is unique and would not be shazed 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. Douglass, seconded by Mr. Tuthill, it was 2 ~ S~U~HOLD TOWN BDARD OF APPEALS -30- September 7, 1978 RESOLVED, that Eastern Long Island Kampgrounds, Queen Street, Greenport, New York, be GRANTEE permission to increase the number of campsites from 124 to 148. Location of property: Queen Street, Green- port~ New York, subject to the following conditions: Each recreational ~ehicle site and campsite shall be well-defined and permanently marked and shall meet the following requirements: A. Each site shall have a minimum area of two thousand f±ve hundred (2,500) square feet. B. Recreational vehicles and tents place upon a site skall have minimum front yard and side yard setbacks of fifteen feet and a minimum rear yard setback of ten (10) feet. C. The area of each site within five (5) feet of the street or roadway shall at all times remain unoccupied and unobstructed. D. Each site shall have a minimum of fifty (50) feet frontage on a street or roadway. E. A recreational vehicle or tent placed upon a site shall not occupy an area in excess of fifteen percent (15%) of the total area of the site. Roadway. s .~nd driveways. A. Ail two~way roadways and driveways within the park shall be not less than twenty-four (24) feet in width, and all one~way roadways and driveways shall be not less than fifteen (15) feet in width and shall be constructed in accordance with the Southold Town Highway specifications as to base surfacing and drainage facilities. B. There shall be at least one (1) exterior two-way roadway or driveway extending around the perimeter of the park. Dates of O~eration; time limit for accommodation. A. Recreational vehicle parks shall be in~.operation on a seasonal basis only, during the period from April 1 to November 30 in each year. B. No recreational vehicle or tent shall be acconu~odated in a park for more than thirty (30) days in any calendar year. C. No recreational vehicle or tent shall be permitted to remain in a park during the period from December 1, to March 31 nor during any other period when such park is not in operation. · S~U~HOLD TOWN BOARD OF APPEALS -31- September 7, 1.978 Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, 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.~u~st 17, 1978, meeting with a minor addition on page 44. Vote of the Board: Ayes: Messrs: Sillispie, Grigonis, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals app~0v~ke. budget dated September 7, 1978, and submit the same to Judith T. Terry, Town Clerk. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. The Board has received a request from A. G. Wallin, 196 Gull Pond Lane, East Marion, to have~a gunsmith business in his home. Mr. Tuthill is going to go and speak with him to see exactly what he desires to do. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the next meeting of the Sou~hold Town Board of Appeals Wiit be held at 7:30 P.M. (D.S.T.), Thursday, September 28, 1978, at the T©w~.-Hall, Main Road, Southold, New York, and set the following times on'that date as the time and place Of hearing upon the following applications: 7: RFD, Ru the Zoni~ of prOper~y: Upon application of Edward and Heleh~Jaskowiak, New York~ for a variance in e with ~ticle III, Section 100-31 and operty with insufficient area .on , Map No. 5023, Sunset Knolls, Ma~ York. 7:40 P.M. (D,S,T-.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.)~ f~r a variance in a-cordance with the Zoning Ordinance, Article III, Sections 100-31, 100-33, 100-34 and 100'36, for permission to reduce f~ont and side yard setbacks. Location of property: ~Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. ~ ~S~U~HOLD TOWN BOARD OF APPEALS -32- Septen~ber 7, 1978 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Ro~k, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct an accessory building in the front yard area. Location of property: Wes% Road, Cu%chogue, New York, bounded on the north by West Road; east by Gustave BuCkert; south by Bay; west by George H. Fleet Estate. 8:00.P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cutchogue, New York, ( Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, SEction 100-32 for permission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutch- ogue, New York. 8:15 P.M. (D~S.T'.) Upon application of Rein Narma, 100 Private Road (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for permi~slon to construct a garage in the front yard area. Location of property: Private Road, (Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S,T~ Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.), for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road~ east by Haas; south by Long Island Railroad; west by Case. Vote of the Board': Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. The meeting was adjourned at li:00 P.M. Respectfully submitted, BABETTE C. CONROY ~ Secretary