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HomeMy WebLinkAboutZBA-07/27/1978Southold Town Board of Appeals SOUTHOLO,, L. I., N.Y. 11971 TELEPHONE 1802 APPEALS BOARD MEMBERS ROBERTW. GILLISPIE, JR., CHAIRMAN M I N U T E S ROBERT BERGEN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. Sotlthold Town Board of Appeals Terry Tuthill July 27, 1978 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (D.S.T.), Thursday, July 27, 1978, at the Town Hall.~ Main Road, South01d, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert L. Bergen, Charles Grigonis, and Terry Tuthill. Also present: Doug Love, Long Island Traveler-Mattituck Watchman. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Fire Depar~tment be GRANTED permission to hOld a carnival on the Fire Department grounds, Main Road, Sou%hold, New York, from August 7, 1978 to August 11, 1978, ±n accordance with Article XI, Section 100-114, subsection c. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. The Chairman opened the hea~ing by reading the for a variance~to the Zoning Ordinance, legal notice of a~t~s~ing t°~its pUbliication.in the official newsPapers, and dis~approval fro~ %he The Chairman also read a statement from thel TOWn certified mail had been made to RObert Isles. Fee paid $15.00 'SOgTHOLD TOWN BOARD OF APPEALS -2- July 27, 1978 THE CHAIRMAN: Is there anyone present to speak for this application? HAROLD DENEEN: I am a neighbor and live about 100 feet from Mr. Kirsch. This man built an edifice there. It is a work of art. Anybody in construction can understand the work that went into this. It blends in with the country side, and I can see no objection to this. I am highly in favor of it. THE CHAIRMAN: MR. DENEEN: MR. BERGEN: MR. DENEEN: When we looked at this, it looked very substantial. The man is a professional carpenter. It is an outstanding job. This is strictly used for tools. THE CHAIRMAN: Is there anyone else who wishes to speak for the application? JOSEPHINE DENEEN: I was there when you people came down to look at it the second time. My neighbors said they were also in accord with the shed if you needed any signatures. THE CHAIRM~N: When we went down there the first time, I guess he applied for this from a distance. He lives in the Bronx. He applied during the winter. When we went down, we did not know where he wanted to put. We told him to keep it at least 15 feet from any lot line due to the fact we knew nothing about the proposed loca~ion. When the Building Inspector went back for the final inspection., ~ found it had been located 4 feet off the lot line. But the front, sides and rear_ yards are all jumbled. So we suggested he make a new application for the location. We rescinded the original decision. Does anyone else wish to speak for this application? (there was no response). Does anyone wish to speak against this application? (there was no response). After investigation and inspection the Board finds that the applicant requests permission to construct an accessory building in his front yard. The findings of the Board are that the applicant has constructed an outstanding building, and it appropriately located for the area. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the.hardship c~eated ~s un~ue and would not be shared by all properties alike in the ±mmed~ate ~ic±nity of the property and in the same use district; and the varia~e will not change %he character of th~ neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, be GRANTED permission to construct an accessory building in the front yard area. Location of the property: Private Road off Bayview Road, Southold, New York, bounded on the north by right-of-way; east by V. Ladeck; south by C0rey Creek; west by K. Isles. SO~THOLD TOWN BOARD OF APPEALS -3- July 27, 1978 Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. PUBLIC HEARING: Appeal No. 2454 - Upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the side yard. Location of property: Little Pecon±c Bay Road, Cutchogue, New York. Lots No. 236 and part of 235 on Map A of "Nassau Point Properties." The Chairman opened the hearing by.~eading~ the application for a variance to the Zoning Ordinance, legaT notice of hearing, affidavits attesting to its publication in the official newspapers of the Town, 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. Ernst Midgette and Mrs. Nancy Knapp. Fee paid $15.00. THE CHAIRMAN: The County Tax Map indicates that this lot is N~. 17, facing on the water and Little Peconic Bay Road. It is a wedge shaped lot and appears to have 60 feet on Little Peconic Bay Road and 100 feet on the water. The house is located approximately in the center of the lot which makes it difficult for Mr. McFarland to locate the accessory building. Is there anyone who wishes to speak for this application? (there was no response) Is there anyone who wishes to speak against this applicatfon? (there was no response.) It is mY understanding of this application that we granted permission to the applicant to place the accessory building on the ~asterly side of his praPerty, tt left him so little room since he has pine trees on the easterly sie that his was no feasible. Applicant does have sufficient room on the westerly side of his property. After investigation and inspection the Board finds that the applicant requests permission to construct an accessory building (shed) in his side yard. The findings of the Board are that the applicant originally applied to have this shed in the easterly side yard, but due to the fact that several pine trees are on that side of the property, a new application was filed to have the shed placed in the westerly side yard. ~he .Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created iI unique and would not be shared by all properties alike in the immediate ~i¢inity of the property and in th~ sa~e u~e district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that James F. McFarland, 13 Mildred Court, Floral Park, New York, be GRANTED permission to place a storage shed in the side yard. SO~THO~D TOWN BOARD OF APPEALS -4- July 27, 1978 Location of property: Little Peconic Bay Boulevard, Cutchogue, New York. Lots No. 236 and part of 235 on Map A of "Nassau Point Proper- ties." upon %he following condition: (1) The shed shall be at least 3 feet from the westerly side yard line. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. 7:50 P.M. (D~S.T.) Appeal No. 2433 - Postponed decision upon application of Donald G. King, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, SeCtion 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: Lot No. 16, Jackson's Landing, Mattituck, New York. THE CHAIRMAN: I do not know how the rest of the Board feels about this property. The property fronts on two streets, Jackson's Landing and Mill Road and is part of a 1969 approved subdivision. On t!he property, really afflicting the property, is a brick tower four S~riesl~ hig~ and each of the s~ories is 16 feet high with steps and windows, which was originally a water tower built 70 years ago. It is a very hazardous building. Kids play in it and the~e are bottles all o~er the floors. Mr. Bergen walked up all the floors, and the stairs are all decaying. Whoever developed this property evidently passed on the problem of what to do with the brick tower to whoever they sold it to. T~e.re is a c~venant that requires either renovation or demolition of the tower. That hasn't been done. In fact the tower has been steadily diminished. Another unusual feature of this property is a large barn which is practically centered on the wedge-shaped property. The applicant has not been able to sell this lot. He originally planned to use it himself, but has since purchased property in East Marion and wants to sell this property. These old buildings on the property are part of the property.- MR. TUT~ILL: The covenants state that the tower s~ould be renovated or demolished within 18 months of purchase. T~E CH~IRM~N: It appears to us that the %o to two conditions: (1) The brick t~wer be demolished and removed. The removal of the refuse be subject to approval by the Board of Appeals. (2) The barn be moved off the line of division which presently bisects the barn, to an area which is at least 5 feet from the rear yard line of the proposed division and at least 15 feet from the side yard of the lot which is to be created. SOUTHOLD TOW~ BOARD OF APPEALS -5- July 27, 1978 MR. TUTHILL: YOU are saying demolish the tower and move the barn? THE CHAIRMAN: Right. The part of the barn I was able to see has a concrete floor in it. MR. TUTHILL: That was the garage floor. The rest is a wood floor. THE CHAIRMAN: I do not know if they can remove that barn or not. The applicant is still asking us to solve his problem without doing anything. The applicant has got to provide some movement, to accelerate the possibility of selling these lots anh not rely solely on the Board of Appeals. The tower has been there for 70 to 80 years and has bee~ on a single lot of this subdivision for at least 13 years and nobody has decided to buy it or use it. I guess it has had plenty of exposure. So if this present owner wishes to divide the property, he must demolish the tower, move, remove or demolish the barn. If he moves the barn, it must be at least 15 feet from the side yards of the newly created lot and 5 feet from the rear lot line. Do you thi~k ii,makes any difference which lot he puts it on? The concrete part of the barn appears to be located on the westerly lot. I think it would be beneficial to the area to have this situation resolved one way or another. MR. TUTHILL: That brick structure has some bad structural cracks in it. the op determined the following f~a¢its The lot under application an a~ ~ with frontages'on sq~ar~ feet and is en~umbe~re¢ An ~ld brick Wat~ toWe~, s and hazardo of the property. A bisected by the prop0~ hinder the further ~nt's ha~sh~ is s( deed of sale from ~he the elimination Recognizin~ thelse apP~licant should contribute to this action by sub- p~operty. d!i~sion lots will average 15 percent less in area than lots in the subdivision, ~f~, such action may solve the problem of using a large lot encum- bered by old structures. Wa~er is plentiful in the area. Division shall be in accordance with survey of Van Tuyl dal%~d Ju~e~3O, 1972. ~ On motion by Mr. Gillispie, seconded b~ Mr~ Grigo'nis,' i~ Qas $OUTHOLD TOM BOARD OF APPEALS -6- July 27, 1978 RESOLVED that Donald G. King, Rocky Point Road, East Marion, N~w York, be GRANTED permission to divide lot with insufficient area. Location of property: Lot No. 16, Map of Jackson's Landing, Mattituck, New York, subject to the following conditions: (1) The tower shall be removed from the easterly lot and the site restored subject to written approval of the Board of Appeals. (2) The old barn shall be removed from the premises and the site restored subject to written approval of the Board of Appeals, OR the old barn may be moved to either of the new lots to be created, and located no closer than 5 feet to a rear lot line, 15 feet from a side lot line, or 35 feet from a front lot line. In case the old barn is divided with part on each lot, the above yard restrictions wQ~!d also apply. (3) Provided conditions No. 1 and No. 2 are met with Written acknowledgements by the Board of Appeals before July 28, 1979, the resolution to divide the property shall become effective, unless further extension of time is granted by public resolution by the Board of Appeals after a public hearing, properly noticed. Vote of the Board: Ayes: Messrs: Gillisple, Bergen, Grigonis, and Tuthill. PUBLIC.HEARING: Appeal No. 2446 Upon application of Kenneth and Jerie Newman, Private Road, Orient, New York, for a variance in accordance wi~h the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule tc construct a detached garage in the side yard. Location of property: Private Road, Orient, New York, bounded on the north by E. W~ Latham; east by E. E. Luce, Jr.; south by School District No. 2; west by M. Antonazz±. 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 t~e Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to E. W. Latham, E. E. Luce, Jr., School District No. 2 and M. Antonazzi. Fee paid $15.00 THE CHAIRMAN: I think the application clearly states the problem. When we~ere there, we saw some of those huge boulders. there anyone present who wishes to speak for this application? TS KENNETH NEWMAN: I have a letter from E. E. Luce, Jr., my neigh- bor on the east and photographs of said boulders. THE CHAIRM~N: Yes, we saw them. MR. NEWMAN: It is only a few feet into the side yard. If we clear the rocks, it will make it easier for the foundation and such. SOUTHOLD TOWN BOARD OF APPEALS -7- July 27, 1978 THE CHAIRMAN: Is there anyone else who wishes 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 requests permission to construct an unattached garage in his side yard. The findings of the Board are that due to the immense boulders and a drainage problem in the back yard, the applicant is forced to build the garage eight feet into his ~ide yard. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Kenneth and Jerie Newman, Private Road, Orient, New York, be GRANTED permission to construct a detached, garage in the side yard. Location of property~ Private Road, Orient, New York, bounded on the ~orth by E. W. Latham; east by E. E. Luce, Jr.; south by School District No. 2; west by M. Antonazzi. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and~Tuthill. PUBLIC HEARING: Appeal No. 2447 - Upon application of Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple A~enue; west by Grand Avenue 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: Mr. and Mrs. John Young; Oliver and Dorothy Jemmot; Barbara Boner; Mr. and Mrs. Theodore Heuser. Fee paid $15.00. MR. BERGEN: Do I understand they are both going to front on Maple Avenue? THE CHAIRMAN: The subject premises is an oversized parcel with all of the buildings located on the southerly end of the parcel on Maple Avenue. T~E~.C~A~N.~"~ EaCh will ha~e a frontage Of approximately 121 feet on Grand Avenue? The southerly parcel will have 210 feet on ~ap1e A~enue. Is there anyone present who wishes to speak for this application? GARY F. OLSEN~ ESQ.: My client is under contract of sale to pur- chase the subjec~ premises from Martin Surer. I think it would be appropriate to read into the record a letter that I'received from Mr. Surer stating that he is a member of the Town Board. SOUTHOL~D TOWN BOARD OF APPEALS -8- July 27, 1978 THE CHAIRMAN: I think we have a letter from Mr. Suter, which reads as follows: Southold Town Board of Appeals~ Main Road, Southold, New York, Gentlemen: Please enter into y~nr record for the hearing scheduled for 8:10 P.M. on Thursday, July 27, 1978, in the matter of Beverly Andrews, requesting a change of zone for property on Grand Avenue, Mattituck, that I am the seller of said property and that I am a member of the Southold Town Board and I wish this statement recorded as my public notice of my position in regard to the property involved in that hearing of July 27, 1978, Yours truly, Martin Surer, Town Jus- tice, Town of Southold, New York. MR. OLSEN: It is not a change in zone, it is a variance. THE CHAIRMAN: You are a~king to divide the property. MR. OLSEN: I attached a sketch to the application indicating that the foal property is 1.352 acres. It is an oversized parcel, and I have a copy of the tax map. It shows %hat the parcel is oversized and shws that the division requested for the creation of the two lots would be generally in keeping with the other parcels in the community~ MR. BERGEN: They would be larger than many of the ones already existing. THE CHAIRMAN: Which parcel is Beverly Andrews buying? MR. OLSEN: She is buying the total piece, subject to getting this variance. THE CHAIRMAN: On the southerly parcel is a house, a barn, and a cottage. What is her intention? MR. OLSEN: Ail these structures face on the Maple Avenue side. All of the structures are very old, especially the main house, and her intention is to renovate that house which would be an improvement to the community in general. I believe it is also her intetion at some time to convey the northerly portion for which this variance is being sought. THE CHAIRMAN: Is she going to occupy the house? MR. ©LSEN: Yes, I believe so. MR. BERGEN: What about the summer house? Is she going to tear that down? MR. OLSEN: The cottage will remain. The buildings that are there now, will remain. She does not intend to tear them down. THE CHAIRMAN: I assume that you will be willing to agree not to furthe~ subdivide the southerly parcel and limit the use Of the bungalow to seasonal use, summer usage. HOUTHOLD TOWN BOARD OF APPEALS -9- July 27, 1978 MR. BERGEN: That will have a bearing on this. MR. OLSEN: I have not discussed that with her. THE CHAIRMAN: It looks like about 30,000 square feet. This bungalow has no heat in it. Has it been used recently? MR. OLSEN: I don't know about the bungalow. The main house has been used. THEODORE J. HEUSER: I live on Maple Lane. I can answer that. The bungalow has not been used for some years. MR. BERGEN: It hasn't been used in five or slx years? MR. HEUSER: Every bit of it. I am talking about the summer bungalow now. THE CHAIRMAN: How about the main house? MR. HEUSER: The main house has been empty for one year. A year this past January. MR. BERGEN: I would say that he sould not use that summer bungalow a~ a residence at a~ time. THE CHAIRMAN: Why ls that, Bob? MR. BERGEN: It makes two houses on a small parcel. TPLE CHAIRFLAN: There is about 30,000 square feet on that lot. MR. BERGEN: Not when you divide it. THE CHAIRMAN: There will be 30,000 square feet in this parcel and 30,000 square feet in that parcel. This is an existing use. though. I think we should probably compromise and say she only use it seasonly. MR. OLSEN: Frankly, I do not know the past history of the usage of the cottage. Recently there was a year round tenant in the main house. THE CHAIRMAN: I think what Mr. Bergen's point is .... not to f~t~ further ........ MR. OLSEN: But this is a pre-existing use and the purpose of my application is to sever the northerly half. It is vacant and there is very little value aside from keeping it neat and tidy. THE CHAIRMAN: The southerly parcel would have approximately 30,000 square feet. The northerly~pa~t~would be somewhat larg&r. MR. BERGEN: But we are now dividing the property. ~OUTHOLH TOWN BOARD OF APPEALS -10- July 27, 1978 MR. OLSEN: BUt ~this is a pre-existing situation. I assume if the Bungalow were to be destroyed it could not be rebuilt. To put a limitation on it that does not exist, I do not think that should enter into the decision of the Board. That is just my opinion. MR. BERGEN: See, there was an acre there, and now we are ~utting down to 3/4 an acre. THE CHAIRMAN: The ares of the lot directly across the street is 115 x 150 which gives you about 16,000 square feet. The lot next to that is 15,000 square feet. We are talking about lots on Grand Avenue. Tow lots directly to the south and across Maple .Lane, one is approximately 16,000 square feet and one is approximately 15,000 square feet. The Jemmot lot to the north appears to be somewhat larger, 300 feet by 136 feet which gives you about 53,000 square feet. Across the street are 100 x 150, 161, all approximately 1/3 of an acre, which is about what this would become. I would think this lot should not be further divided. MR. OLSEN: I do not think it is particularly significant to limit the use of the cottage to a seasonal use. The cottage is there and again it is a pre-existing use. I really wouldn't like the Board to put a limitation on the use of the cottage, if possible. I know the intenbion of my client is to put alot of money in the main house and renovate it. THE CHAIRMAN: Mr. Heuser, how long have you lived there? MR. HEUSER: I have been here for 40 years, but have lived there permanently for 14 years. THE CHAIRMAN: Can you tell us who occupied the bungalow? MR. HEUSER: Yes, a party by the name of Sylser rented it every summe~. THE CHAIRMAN: And it was used for summer rental? MR. BERGEN: How long ago was that? MR. HEUSER: The last time was ...... THE CHAIRMAN: I think the reactivation of the property should be limited to seasonally. We have done this in many other lacations where there have been several bungalows or summer rentals on one piece of property. This helps control density a little bit. I think it would be wise for the Bord to specify that this southerly portion not be further divided and the bungalow be limited to seasonal rental for not more than 6 or 7 months of the year. Is there anyone else who has anything to add to this? OLIVER JEMMOT: I am adjacent to this property on the northerly side. I take exception to the statement that this property will fit into the rest of the neighborhood. As you leave the intersection of Grand Avenue and Maple Lane all of the propert~es going north there as far as SOUTHOLD TOWN BOARD OF APPEALS -11- July 27, 1978 you can.. made leaving going on entire area, the place an a, in excess or at least equal to an acre in size. You those on the southerly and westerly sides, however northerly and easterly. There is presently a subdivision no~th ahd east of that where the Board has made the .e one acre zoning. I think it would be ruinous to the a piece of property that now has two existing you could ~pgrade the summer cottage and then subdivide . much you could take and acre and 35/100th of an acre and .al home on ih. will be mately,~ The poi: the hood in exactl' are many think it the lot ~IRMAN: The proposal here is to...the southerly portion square feet· and the northerly portion will be approxl- .re feet which is in excess of the minimum requirement. in giving you the size of the other lots is that 'uired to consider the basic character of the neighbor- .ing the division of land. No one has ever defined neighborhood is. In a situation like this where there acres and 1/3 abres, some even smaller, some larger, I tend to go with the applicant. It appears to me that you will be substantial in size. 1MR, ~E~OT: If you take into consideration sir, if you split the lot taki~ the summer cottage away from the main house .... THEi CHAIRMAN: They are not going to do that. MR.~ i$$RGEN: You cannot do that cot she is h~e is were col the eff~ seasona~ remai : What we are talking about is preventing the summer a year round cottage. The house exists and will house. The lady is going to renovate it. I presume to renovate the cottage. What we are trying to do ortant point relating to density. If this bungalow year round use there would be a vast difference on environment, relating to water usage compared to just use. That is what we are discussing. That will all ~e of property. ~s be pla'c to an ones exist. When you talk about density,~you take a piece that it whereby another house would be available to section. ~ouldn't that be adding to density situation~ If you take a look at the parcels · they are all significantl~ larger sized than the THE CHAIRMAN: You can look at it another way. The Bungalow will ha~ 1/~ a year's use. If what the applicant p~opoSeS~0 ~o is done here t0nlgh~, th~ prope~y would be divide~ in~0 2 ~n'~P~0xima%~Iy a iittie iess than hai~ o~ the property. You would have 1-i/2u~'es. That is considerin~ the year round use as 1 and the bungalow ~seasonal use as 1/2 use. On the other property you will have one-somebody will eventually buy and put a house there. You have 2-1/2 uses on one plat which is 1.4 acres which means the dessi~y on the parcel we are talking about will ~e ~ess than densit~ on ~ra~di~venue. YOu are no~ going to SOUTHOLD TOWN BOARD OF APPEALS -12- July 27, 1978 increase the density very much. It will be difficult to prevent the division of this property. Anyone else wish to talk about this applica- tion? M~. HEUSER: I might like to go along with Mr. Olsen. The property is dilapitated. The garage has 3 doors off an~ 2 doors broken. Everyone on Maple Lane who has visitors, their first comment is about the condition of that property as you drive up the road. You have seen it haven't you? THE CHAIRMAN: Yes, we have, and it i~ dilapitated. Our exper- ience here is that when you have a dilapitated situation some encourage- ment be given to the applicant to renovate it. In a couple of cases we have done this with excellent results. Some break has to be given to get the property improved. MR. NEUSER: As you know we are both neighbors~. Everybody on Maple Avenue would like to see that property i~proved.~ _~ MR. JEM~OT: We have no problem with ~hat as l~ng as we ha~e the proper safeguards. We could have two disastrous places on Maple Avenue and Grand Avenue instead of one. I do not think that would be in the best interest of anyone. THE CHAIRMAN: SuppoSe we deny this? Who is going to buy thi~ whole piece of property, and renovate 2 old houses? MR. JEMMOT: I am not against the property being broken up as long as something good comes out of it. THE CHAIRMAN: Does anyone wish to object to this other than the objections we have already heard? (there was no response) MR. OLSEN: I ~ilt have Van Tuyl give you an accurate breakdown once they have the survey work done. We would be bas~cally~utt~ng this in half. The road frontage for each lot would be 121 feet. THE CHAIRMAN: This would be subject to a survey then,~'b~eause tkis sketch is off as far as the dimensions are concerned. Eac~ lot ~will have 121 feet on Grand Avenue and the sout~herly lot will have 210 on Maple Avenue. The northerly lot will have a depth of 222 ~pining~ the Jemmot property. ~<~ ~ MR. BERGEN: On this sketch, Gary, what is the 16-1/2 feet?' ~ MR. OLSEN: The property is subject to a. right-of-way. The seller owns up to the northerly line of 220 feet, but it is subject to the right-of-way. THE CHAI~4AN: MR. HEUSER: you, Mr. Jemmot. Is that right-of-way used? The mean the right-of-way on the north side near SOUTHOLD TOWN BOARD OF APPEALS -13- July 27, 1978 MR. JEMMOT: It is a dirt road. ~fR. OLSE~: According to the contract it is subject to a right- of-way of William H. Pike Estate, Frederick Edelman and John T. Mudd along the north side of the premises, which right-of-way is one rod in width. That is an old right-of-way that has been established through deeds. THE CHAIRMAN: Mr. Jemmot can probably tell us if this is used or if it will be used. MR. JEMMOT: It is utilized by the people whose land in contingent upon it due to the fact it goes back 700 feet east of Grand Avenue. MR. OLSEN: We would prefer that it was not used. MR. BERGEN: Is there any chance of people building back there and thinking they will have this 16 feet to use? MR. ©LSEN: That I do not know. THE CHAIRMAN: There is a parcel of approximately 8 acres at the head of Maple Avenue which can be reached by Maple Avenue. There is also a landlocked parce~ of land o~ned by the Town of Southold with a No. 3 on the County Tax Map of 15 acres. There is another parcel, No. 2 of ll.-acres that could be reached by this right-of-way presumably. But it has access from Grand Avenue, so I do not think the right-of-way will ever be used for development. Couldn't be, it is too small. MR. OLSEN: Apparently the seller does own the fee title to the r±gkt~of~way~ but it is subject to the right-of-way. For area purposes we will be owining the r~ght~of~way. THE CHAIRMAN: I do not think that affects the total area. Frequently we use the right-of-way in figuring the total area of the lot. Particularly a little used right-of-way. Who uses it anyway, Mr. Jemmot? MR. JEMMOT: I guess just the people whose land runs east of ~rand Avenue. T~E CHA. I~AN: There are 5 lots here that are several hundred feet long and 180 feet wide that come out on Maple Avenue and extend to the easterly end of Mr. Jemmot's property. What would they use the right- of-way for if they had access to Maple Lane? MR. JEMMOT: There are tractors and trucks that go back through the~e. THE CHAIRMAN: Martin Suter does not plan to hold the Right-of-way does he? MR. ©LSEN: No, he is conveying it. He is conveying everything, but it is subject to the right-of-way. Needless to say the buyer would like to eliminate the right-of-way. After investigation and inspection the Board finds that the ~OUTHOLD TOWN BOARD OF APPEALS -14- July 27, 1978 Applicant requests permission to divide property with insqfficient road frontage on Greand Avenue, Mattituck, NeW York. The total area of the parcel is 1.352 acres and the applicant seeks permission to create two parcels each having an area of .676 acres and will renovate the buildings on the southerly lot which abuts on Maple Avenue. On motion by Mr. Gilllspie, seconded by Mr. Grigonis, it was RESOLVED that Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, (Gary F. Olsen, Esq.) be GRANTED permission to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; west by Grand Avenue, subject to the following conditions: (1) No further subdivison of the two lots to be created. (2) The bungalow, if rehabilitated, shall be used for seasonal use only, not for year round occupancy. The seasonal use is defined by the period from March tst. to December 1st. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthitl. PUBLIC HEARING: Appeal No. 2442 - Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in front yard. Location of property: New Suffolk Avenue, Mattituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; west by Maratooka 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 of ~he Town, 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: ~i Mileski; and H. Sacks~ Fee paid $;5.00 THE CHAIRMAN: Is there anyone who wishes to speak for this application? (there was no response.) Is there anyone who wishes to speak against this application? (there was no response.) MR. TUTHILL: Do the stakes in your yard represent where you want to put your pool? MR. EDWARD ADAMS: Yes. THE CHAIRMAN: I think the applicant's topographical hardship is obvious. They have two front ~ards. You know about the fencing requirements around the pool, don't you? SOUTHOLD TOWN BOARD OF APPEALS 15- July 27, 1978 MR. ADAMS: Yes. After investigation and inspection the Board finds that the applicant requests permission to construct an underground swimming pool in his front. The applicant is hindered by the fact that he has two front yards. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Bergen, it was RESOLVED that Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, ~¥G~N~ p~rm-~c~o~o~s~ruct-a~-~under groundswlmm~ng pool in the front yard. Location of property: New Suffolk Avenue, Mattituck,~.:New Y~k, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; west by Maratooka Road. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. PUBLIC HEARINg: Appeal No. 2443 Upon application of Southold · R~tary Club, Southold, New York, for a special exception to the Zoning Ordinance, Article iii, Section 100-30 C 6 f for permission to erect an off-premises sign. Location of property: Triangle Park, Southold, New YOrk, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road; west by Lower 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 statemtnt from the Town Clerk that notification by certified mai~ had been made to: H. A. Goldsmith. Fee paid $15.00 THE CHAIRMAN: The $outhold Pa~k District gives its permission to ~ow the rotary to erect this sign as set forth in the following leSSer: Sou~hold Town Planning Board-, Town of Southold, Southold, New ¥~ Gentlemen: This is to certify that the Commissioners ~f the So~th~ld ~ark District have given permission to the Southold Rotary to erect a sign containing the Rotary logo on Route 25 on the Trian~gle Park property. The sign is to located one hundred and fifty feet ~est of t~e property line on the easterly line of the park which is bounded by the property ef Alfred Goldsmith. Very truly yours, Frank A. Lekich, Secretary. The sign consists of a standard and an ornamental iron arm with Rotary International Logo. MR. BERGEN: The post and arm that are there now, is that where SOUTHOLD TOWN BOARD OF APPEALS -16- July 27, 1978 they are planning to put it, Bill? dowel. WILLIAM SMITH: That is the Southold Village sign that blew MR. BERGEN: The measurements that they gave us do not come to what is there. MR. SMITH: I represent the Rotary, but the ~eason they put it like that in the application is that they did not want to put it down by the monument or the flower garden. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (there was no response). Is there anyone else who wishes to speak a~ainst this application? (there was no response). After investigation and inspection the Board finds that the applicant requests permission to erect an ~off-premises sign on property of Southold Park District. The sign will specify the time and place of weekly meetings for the organization. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and._the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Southold Rotary Club, Southold, New York, be GRANTED permission to erect an off-premises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road; west by Lower Road, upon the following conditions: (1) The sign be 5 .feet from any property line. (~2} Sign will be renewable yearly. (3) ~pp~oval of Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and TuthilI. PUBLIC HEARING: Appeal No. 2445 - Upon Application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Case. Location of property: Middle Road, Peconic, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railroad; west by J. Bednoski, Jr. SOUTHOLD TOWN BOARD OF APPEALS -17- July 27, 1978 The Chairman opened the hearing by reading the application for a special exception to the Zoning Ordinance, legal notice~of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Joseph Townsend, Jr.; Long Island Railroad Company; John Bednoski, Jr. Fee paid $15.00 THE CHAIRMAN: I do not think this is an important enough a deviation unless someone disagrees with me to re-advertise this. I think~it's the Town's mistake. If you will come up and initial it. (Robert J. Wiesehahan.) There is a letter from Douglas Case: To Whom It May Concern: St. Peters Lutheran Church has our permission to post a sign advertising the German Festival on our property. This location is on the North Road, Route 27. This can be used for one week, two, three before the German Festival and then will be removed. There is one other limitation and that is the sign is directional in nature and it is within our usual limitations. The maximum size is 4 feet by 6 feet. Is there anyone present who wishes to speak for this applica- tion? Is the German Festival that the Lutheran Church promotes held at different times of the year, or do you always have ib at the same time? R©BERT J. WIESEH3~{N: We tried to establish it as the second Saturday in July. THE CHAIRMAN: It just goes for one day? MR. W1ESEHAHN: One day from 4 p.m. to 11 p.m. TEE CHAIRMAN: That is in Greendport. How long before the festival would you be erecting the sign? MR. WIESEHAHN: As you said, two or three weeks. THE CHAIRMAN: Is there anything else we should know about the signs? Are you going to put it on steel posts? MR. WIESEHAHN: No. On ~motion by Mr. Gillispie, seconded by Mr. Bergen, the legal notice is amended to read Peconic, New York, not Cutchogue, New York, whick amendment was duly initialled by Robert J. Wiesehahn. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthii1. After investigation and inspection the Board finds that the applicant requests permission to erect an off-premises directional sign to advertise its annual German Festival which is held on the second Saturday of July every year. ~OUTHOLD TOWN BOARD OF APPEALS -18- July 27, 1978 The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created Ks 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 n~ character of ~he neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that St. Peters Lutheran Church, Main Road, Greenport, New York, be GRANTED permission to erect an off-premises sign to ad- vertise its annual German Festival. Location of p~perty: Middle Road, Peconic, New York, bounded on the north by Middle Road; east by J. Town- send, Jr.; south by Long Island Railroad; west by J. Bednoski, Jr., subject to the following conditions: (1) The sign shall be directional in nature. (2) Sign shall be no larger than 4 feet by 6 feet. (3) Shall be 5 feet from any property line. C4) ApprOval of the Suffolk Qo~nt~Planning Commission. (5) The smgn may be erected 3 weeks before the Festival. da~e. (6) The sign must be removed within a week after the Festival. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonls and Tuth±ll. ~UBLIC gEARING: Appeal No. 2444 - Upon application of St. Peter's Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road (S..R. 25); east byeS. Kander; south by K. B. Tuthill; west by H. Pollak. Fee paid $15.00 made to S. Kander~ K. B~ Tuthill and H. Pollak. THE CHAIRMAN: Is there anyone who wishes to speak for this appli- cation? (there was no response). Is there anyone who wishes to speak against th~s appl~cat±on? This sign is for the same purpose as the last application. The only problem will be that the sign will have to be reduced %0 4 feet hy 6 feet. That is our maximum size. 'SOfT'OLD TOWN BOARD OF APPEALS -19- July 27, 1978 ROBERT WIESEHAHN: It must have been a mismeasurement. The sign will be 4 feet by 4 feet just like the other one. THE~ CHAIRMAN: The sign itself or the frame? Mg, WIESEHAFAY: The whole thing. After investigation and inspection the Board finds that the applicant requests permission to/erect an off-premises directional sign to advertise its annual German F~stival which is held on ~e second Saturday of July every year. he B~ard fm~ds that,s~r~ct applmcation of the Ordinance will produce ~ractlca%~ dlfficultmes or unnecessary hardship; the hardship created ms unique and W~utd nob ~e shared by all properties alike in the l~ed~ate v~cmnlty of the prqperty an~ mn the same district; andt~he varzance~ witl' not~changelthe character of the neighborhood use and will observe the spirit of the ordinance. On motion by Mr. Giltispie, seconded by Mr. Bergen, it was RESOLVED that St. Peters Lutheran Church, Main Road, Greenport, New York,, · . be GRANTED permission. ~o erect an off-premises sign to ad- vertise mrs annual German Festmv~l. Location of the property: Route 25, Mattituck, New York, bounded on the north by Main Road (S. R. 25); east b~ S. Kander; south by K. B. Tuthili; west by H. Pollak, subject to tke following condition: The sign shall be directional in nature. The sign shall be no larger than 4 feet by 6 feet. Shall be 5 feet from any property line. Approval of the Suffolk County Planning Commission ~5~ Sign may be erected 3 weeks before the Festival. ~6~ Sign must be removed within a week after the Festival. ~ote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tutti!l, PUBLIC HEARING: Appeal ND. 2449 - Upon application of Helen Weevnik, Central Drive, Mattit~ck~ New York, for a varance in accordance with the zoning Ordinance, Artmclg III, Section 1100-30 and Bulk Schedule for permission to divide propertY with insufficient area and frontage. Location of property: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. The Chairman opened the hearing by reading the application for aa ~ec~al, ~ except~on~ ~ to nhe~ Zoning~.~ Ordinance,. . legal notice. . of hearin~ ~ g, ff±~avzts attesting to mrs publication in the officmal newspapers, and d~sapproval from the Building Inspector. The Chairman also read a ~OUTHOLD TOWN BOARD OF APPEALS -20- July 27, 1978 statement from the Town Clerk that notification by certified mail had been made to: Herbert and Grace Schmitz, Marie' DeLalla; Michael Filon; William Bannon. Fee paid: $15.00 THE CHAIRMAN: The area we are referring to is Captain Kidd's Estates and the applicant is the owner of two contiguous lots running from one street to another. Is there anyone who wishes to speak for this application? GARY OLSEN: Mrs. Weevnik purchased the two lots in question with her husband, Thomas Weevnik, who is now deceased from Dawn Estates in July, 1950. As I indicated in the application 140 faces on Central Drive and the contiguous lot 147 is on a different street, Captain Kidd Drive. There is a technical merger because the lots were taken by the same people and the variance is necessary to divide the lots which will con- form w~th the other adjacent lots in the neighborhood. THE CHAIRMAN: The property is served by Captain Kidd Water Company. Is there anyone else who wishes to speak for this application? (~kere 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 requests permission to divide her property with insufficient area and frontage. The Board agrees with the reasoning of the applicant that the division of the property will not change the neighborhood and the newly created lots will conform with all the surrounding lots in the area. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created ~S unique and w6uld not be shared by all properties alike in: t~e 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. Bergen, seconded by Mr. Tuthill, it was RES©L~ED that Helen Weevnik, Central Drive, Mattituck, New York, be GRANTED permission to divide property with insufficient area ~nd frontage. Location of property: Lots Nos. 140 and 147, Map No. 1672 Captain Kidd Estates, Mattituck, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. PUBLIC HEARING: Appeal No.2448 - Upon application of Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, for a variance in accordance with Town Law, Ssction 280A for approval of access; Location of property: BreaRwater Road, Mattituck, New York, bounded ont~ north by Sound Roa~ Estates, Inc; east by Roesch and Wilson; south by Carpenter; west by Johnson. SOUTHOLD TOWN BOARD OF APPEALS -21- July 27, 1978 The Chairman opened the hearing by reading the application for a variance in accordance with Town Law, legal notice of hearing, affi- davits 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: Barbara T. Roesch; George and Blanche Wilson: Billy and Cathleen Carpenter; William and Geanne Johnson; Sound Road Estates. ~ee paid $15.00 THE CHAIRMAN: In this type of application where someone is seeking access to a newly created lot usually they reques~ ~he division of the property at the same time. We have new people in the Building Department and new people with the Board of Appeals. We have checked the ordinance, and I think you will find this requi~ed if you get permission to divide property where any part of the property to be divided would not fulfill all the requirements of the Bulk Schedule. So we have written you a le%ter which reads as follows: Dear Sir: This will confirm y~ur telephone conversation of this morning with our office that the Board of Appeals at its August 17, 197, meeting will grant a division of property and access variance relative to property located on Break- water Road, Mattltuck, New York, presently owned by Joan L. Tsontakis. Yours truly, Robert W. Gillispie, Chairman. I think that takes care of all of your problems. GARY F~ OLSEN, ESQ.: I submitted the variance to divide the property this afternoon, and 1 understand they will both be heard on August 17, 1978. The Board will gran~ both of them then. THE CHAIRMAN: ~We~an go~ahead with this one. We have started on the access, we might as well finish it. The application indicates that the right-of-way is 15 feet wide. Is that all that is available for the right-of-way? They have more frontage than that don't they? MR. OLSEN: The frontage is approximately 100 feet for the main parcel which is an acre and a quarter. I have a ~/rvey here that may be helpful. It is just for this interior parcel which has 40,000 square feet. I believe the owner Roesck, which would be to the east of the 40,000 square feet wi!ill.be purchasing that land. We are under contract now to sell the acre and a quarter parcel which has the frontage on the road. THE CHAIRMAN: Who drew the lines on here indicating the 40,000 squ~re feet? MR. OLSEN: I have a survey from Van Tuyi. Here is the 40,000 square feet. I will leave this wi~h you. ~ THE ~M~A~RMAN~The app~ica~on¥is supported ~y~afs~ve~of~e~ ~Y~u~ ~nd o~eaof~Young and Young. ~ MR. OLSEN: I believe they are all Young and Young. THE CHAIRMAN: You still don't see the 1-1/4 acres. I just think ~OUTHOLD TOWN BOARD OF APPEALS -22- July 27, 1978 this is something that should be in all files so we know. Young and Young survey, August 14, 1973, and Young and Young dated July 7, 1978 showing the 1-1/4 acres to be sold. These two go together. Does anyone else wish to speak on this a-plication? (there was no response.) It is a simple matter of access to an interior lot. After investigation and inspection the Board finds that the applicant requests recognition of access to a parcel of land containing 40,000 square feet. This parcel is presently under contract to the neighbors to the east. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created Ss unique and w~uld not be shared by all properties alike in t~ immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and ~ill observe the spirit of the Ordinance. On motion by Mr. Grlgonis, seconded by Mr. Tuthill, it was RESOLVED that Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, be GRANTED recognition of access. Location of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road E~tates, Inc.; east by Roesch and Wilson; south by Carpenter; west by ~ohnson. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. PUBLIC HEARING: Appeal No. 2450 - Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, for a v~riance in accordance with the Zoning Ordinance, Article III, Section 100-30A (2) (a) (1) for permission to use a building for display and retail u~e larger than is allowed. Location of Property: County Road 27, Cutcho- gue, New York, bounded on the north by Middle Road; east by R. Simchick; south by Isaacs and Aud; west by Ovisinak. · he Chairman opened the hearing by reading for a variance in accordance with the Zoning Ordinance, ice of hearing, affidavit attesting to its publication in thelofficial and d~$~pproval from the Building Inspector. The Chairma~ read a statement from tt~e Town Clerk that notifica mail had been made to: Mr. and Mrs. Barney V. Ovisinak; Mrs. Rose Simchick; Mr. and Mrs. Bruce Issacs; Ms. Patricia Aud. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a copy of the survey made by Otto W. Van Tuyl on behalf of Wesley Simchick showing the location of the barn that is referred to on Middle Road (C. R. 27) near the corner of Alvah's Lane. The barn appears to be on 18.41 acres p~s or ~nus whack are near ~he applicant's grape vines. SOUTHOLD TOWN BOARD OF APPEALS -23- July 27, 1978 ALEXANDER HARGRAVE: We have also contracted for the 18 acres. THE CHAIRMAN: You are under contract to buy it so in effect this will be on your own property. MR. HARGRAVE: We are contract vendee to purchase everything with the exception of an acre of property which is reserved for the Simchick's ho~se. THE CHAIRMAN: On the corner of Alvah's Lane? Is there anyone who wishes to speak for this application? ABIGAIL WICKHAM, ESQ. We feel this application is in accordance w~th tke Spi'r~t of the ®rdinance because we want a stand which is within tke 1Q00 square feet requirement. It iS just not a free standing building. TMR CHAIRMAN: I was going to ask you what you were referring to wken you said larger than 1000 square feet. MS. WICKHAM: The display area will be 28 feet by 35 square feet, which is approximately 980 square feet. That would be within the barn area and the way the Ordinance is worded the building is more than 1000 square feet. THE CHAIRMAN: That is for a roadside stand. little bit different altogether. I think this is a MS. WICKHAM: Our only point was that instead of building a roadside stand, we want to put it in a barn building itself. THE CHAIRPIAN: I would certainly be more feasible. MS. WICKHAM: We felt this is merely a technicality. THE CHAIRMAN: What is the alcoholic content of wine? MR. HARGRAVE: It is 10 to 14 percent. We almost lost a great deal of wine. The temperature was 0° and the winds were high. T~E CPt~%RMAN: It varies then? MR. HARGRAVE: Depending upon the sugar content. THE CHAIRMAN: Have you checked this out with the State as far as selling alcoholic beverages? MR. HARGRAVE: We operate under a farm winery license. THE CHAIRMAN: You have a license from the state? MR. HkRGRAVE: We are also bound by the federal government. The farm winery license we operate under specifically states we may only manufacture our wine from grapes we raise ourselves. We cannot purchase any grapes. SOUTHOI~D TOWN BOARD OF APPEALS -24- July 27, 1978 THE CHAIRMAN: You can't mix any? MR. HARGRAVE: Not even from the local area. ~ntess from the people that we buy the grapes own individually or collectively 50% of the seller who is producing the wine. THE CHAIRMAN: I was just reading about the wineries out in California just recently. Apparentl~ they have very strict regulations but you can mix other grapes~in~.your~Wine~pro~iding you so state on the label. MR. HARGRkVE: Wine labelling is not very precise. Fifty-one percent for federal purposes. However we have also state "estate grown"On our bottle which we got permission for this last year from the Government. That specifically means that in that bottle we can only put wine from grapes that we grew ourselves. Many places state "estate" bottles, but it does not mean you grew the grapes or fermented them. The California State laws are very conservative compared to the New York State laws. The one we operate under is the Farm Wine Act. The labelling laws are no different from the Federal requirements, though they must be approved by the State. What they are in essence ±s that the-~b~e~d~~ of the different Varieties must be mentioned. THE' CHAIRMAN: Are you satisfied the way grapes grow here up to now? MR. HARGRAVE: Yes, I am. This is the reason we are expanding our operation and buying more acreage. We have seen that the grapes survive extreme cold and some very difficult seasons, specifieally a hurricane which left alot of salt water on the leaves. We figure that was the worst occurence, the hurricane, and the next winter the sound froze over~ If we could survive that, we would have a viable crop. THE CHAIRMAN: What affect did the hurricane have on the vines? MR. HARGRAVE: If it had been accompanied by rain, we would have seen no damage at all, because the salt thrown up from the bay would have been rinsed off. We saw wind damage in the spring on all varieties. It depends if the weather comes exactly at flower. Once the cluster is set nothing will pull it off. We have to snip it at harvest. THE CHAIRMAN: We had a couple of hurricanes here in the early 50's, but I do not think they affected this part of the eaSterly end of the north fork. MR. HARGRAVE: That zs what I had been told before I came down here. The record shows a 16 year occurence. I thought that meant the 16th ~ear, not the 4th. THE CHAIIRMAN: Sometimes you get 5 and then nothing for 20 years. SOUTHOLD TOWN BOARD OF APPEALS -25- July 27, 1978 MR. HARGRAVE: I would say 2 hurricanes in a row with the sound freezing over could do serious damage and send us back to thr ground and have to reestablish the above ground part of the plant. THE CHAIRMAN: But a vine will live indefinitely, won't it? MR. HARGRAVE: As long as its root system is sound. THE CHAIRMAN: I know of a vine on an old farm house that was brought here 100 years ago with no particular care given to it. No real extra cultivation or anything has been done. Of course no one knows what to do with the grapes, they just fall on the ground. MA. HARGRAVE: Birds have found us. We do not have a thickc~ skinned grape so we suffer great peck and pluck damage. We have solved that by netting it. We have enough nets to go to Calverton and back. THE CHAIRMAN: What type of wine do you grow? MR. HARGRAVE: We are growing exclusively European varieties. We are labelling them by the specific grape, under my own name of Hat- grave. Ge have gotten excellent substance we feel for a new region. What we really have to convince people of is that no only can it be done with some notability. I think that is occuring. THE CHAIRMAN: I think you will widen your acceptance by having this along the Main Road. The problem is getting into your farm on those dusty roads. Are there any other questions? I think one of the unusual things about this is that it is an agricultural year round, not seasonal business. MR. HARGRAVE: We also work year round with pruning and all. MR. BERGEN: You prune the grapes all year round? MR. FiARGRAVE: We prune during the sumraer or basic pruning season. The cutting back of the woody vine is done during the winter. You take about 90 percen~ of the wood off causing a refuse problem because we are not allowed to burn the wood and there is about 60 tons of vines. I may have to buy a flail chopper. The fact of the matter is that pruning only g±ve~ you one ~nd±cation of controlling the -vine in the summer~when you m£ght be excessive bud push. Pruning is the main tool for adjusting your crop load, but ~s not the only one if you are looking for the best quality. MR. BERGEN: If you get a vine chopper, you could use the choppings on your d~sty roads. M~. HAR~RAVE: Yes, it is a good thought. We are limited to what we can do. It is illegal to put calcium salt. I cannot tar it because the tar will wash into the vines and kill them. I am not about to put blUestene. THE CHAI~4AN: I think one of the things we have to consider here is the number of employees and the amount of parking that Will be ~OUTHOLD TOWN BOARD OF APPEALS -26- July 27, 1978 required. There is a formula you can work out with the Building Inspector. There is plenty of room for the parking. Same thing as we did down at the riding academy. I do not think we did too good a job there because we were/f~y aware of the problem. You will have to take the top soil out of the road and put down bank run. It will probably require 6 inches of bank run so cars are never mired down no matter what the weather is. If you are going to bring the public in there, what ~o~ you think you will need? MR. HARGRAVE: It is pretty hard to estimate. On our present location we can have up to 15 cars on a Saturday afternoon. We have had trouble with people seeing holes, driving into the soft earth, and then having to put them back out. You asked about the number of employees, we have 10 at the moment. THE CHAIRMAN: Will they be working in the winery? ~R. HARGRAVE: They are working in the fields. THE CHAIRMAN: How many would you have working in the building at the same time? Would all ten be there? MR. HAl{GRAVE: Yes. THE CHAIRMAN: So there would be a minimum requirement of 10 spaces and then for your display portion of the building would use the retail requirement of 1 parking space for every 150 feet. I would think that if you had 2D parking spaces down there you will have enough. MR. HARGRAVE: We could certainly start out with that and if we found we needed more, expand. THE C~LAIRMAN: I think that should be a condition of the granting of this application. That the applicant should furnish 20 automobile parking places with a mimimum of 350 feet per automobile. Parking to be arranged accordingly. MR. TUTHILL: You won't have 10 employees at this location? MR. HARGRAVE: It is possible. If we have a bad weather day, we could all go in and cork or something like that. THE CF~A!~R~AN: I think you would want 20 places with a 15 foot access to the ~ain Road. The present access may have to be improved. MR. SIMCHICK: That one is in pretty good shape. THE CHAIRMAN: That will be appropriately located on which side of the barn. MR. HARGRAVE: My feeling is that it would probably run to the front or the Sasterly side of the barn to take it out of sight. We have SOUTHOLD TOWN BOARD OF APPEALS. -27- July 27, 1978 actually not decided how we are going to run the rows of grapes and how many we car plant there. The parking will depend on that. I have a feeling we can park them behind the barn. There might be some in the front and additional on the side or in the back. After investigation and inspection, the Board finds that the applicant requests permission to use for display and retail sale of agricultural products approximately 1000 feet located in the northerly and westerly portion of a barn which is to be purchased from Wesley Simchick and has a total area of approximately 9,600 square feet. The part of the barn which is not used for display and retail sale use which is licensed under the New. York State Farm Winery License No. 8 will be used for wine making equipment and bottling. This propertY adjoins, except for the Long Island Railroad 66 acres south of the railroad which the applicant has successfully developed into a wine making busi- ness. On motion by Mr. Tuthill, seconded by Mr. Bergen, it was RESOLVED, that Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, be GRANTED permission to use a building for display and retail use larger than is allowed: Location of property: County Road No. 27, Cutchogue, New York, bounded on the north by Middle Road; east by R.. Simchick; south by Isaacs and Aud; west by Ovisinak, subject to the following cond±tions: (1) Parking will be furnishe~_adjoining the barn to accommodate 20 vehicles at 350 feet per vehicle. (2) The parking area will have the topsoil removed and replaced with 6 inches of bank run subject to the approval of the Board of Appeals. (3) An adequate access of at least 15 feet will be maintained northerly to the County Road 27. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes for the July 6, 1978, meeting, subject to minor corrections. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. On motion by Mr. Bergen, Seconded by Mr. Grigonis, it was RESOLVED there were twenty-four (24) Sign Renewals reviewed and approved as submitted. SO~THO~D TOWN BOARD OF APPEALS -28-~ July 27, 1.978 Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Board of Appeals set 7:30 P.M. (D.S.T.) as time and place for a hearing upon application of Joan L. Tsontakis, Breakwater Road, Mattituck, New York, (.Gary F. Olsen, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property: Location of property: B~eakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Reesch and Wilson; south by Carpenter; west ~y Joknson. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tu%hill. On motion by Mr. Gillisple, seconded by Mr. Tuthill, it was RESOLVED that the Board of Appeals set 7:35 P.M. (D.S~T.) as t~me and place for a hearing upon application of Joan L. Tsontakis, Breakwater Road, Mattituck, New York, (Gary F. Oisen, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-32 and ~-_~0~Lan~Bu~Sched~e to have a swzmm~ng p~ot in the front yard. Loca%i0~ o'f p~0pert~ Breakwater Road, Matt~tuck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; west by Johnson. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tutkill. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 7:45 P.M. (D.S~T.) as time and place far a hearing upon application of Thomas A. and Rosa ~U~e~ 5~as~89tk Street~ N~W York, New York, (Gary F. Olsen, Esq.) for. a variance ~n accordance with the Zoning Ordinance, Article III, Section l~Q~l and Bulk Schedule for permission to construct a dwelling W~th insufficient front yard setback. Location of property: Bayberry Road and Bridge Lane, Nassau Point, Cutchogue, New York, bounded on the north by Hillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. SO~THODD TOWN BOARD OF APPEALS -29- July 27, 1978 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED that the Board of Appeals set 7:50 P.M. (D.S.T.) as time and place for a hearing upon application of Jacqueline Penney, North Street, Cutchogue, New York,(Gary F. Olsen, Esq,) for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f ~r per~on to erect an offAprem£ses sign. Location of property: North Street and Main Road, Cutchogue, New York, bounded on the north by Cutchoque School District; east by Albert H. Orlowski; south by Zina Chug~n; west by North Street. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and Tuthill. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED that the Board of Appeals set 8:00 P.M.(D.S.T.) as time and place for a hearing upon application of Donald and Virqinia Leden; 156 Sterling Avenue, Greenport, New York, for a variance-in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setback. Location of property: Madison Street, Greenport, New York, bounded on the north by Simyonoglu; east by Ozarowski; south by Mazzaferro and others; west by Madison Street. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and TutkiI1. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that the Board of Appeals set 8:10 P.M. (D.S.T.) as time and place for a hearing upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with~the Zoning Ordinance, Article III, Section 100-31 ~ and Bulk Schedule for perm±ss±on to construct a two car garage with tw~ rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenue, Goose Bay Estates, Lots 192, 193, 194. and 195, Southold, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. ~n motion by Mr. Tuthill, seconded by Mr. Gillispie, it was RESOLVED that the Board of Appeals set 8:20 P.M. (D.S.T.) as time and place for a hearing upon application of~John Baxter, 27 Wilt- shire Dr±ve, Worcester, Massachusetts, (Abigail A. Wickham, Esq.) for a SOUTHOL~ TOWN BOARD OF APPEALS -30~ July 2~, 1978 variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for a variance in accordance with the Town Law, Sectio~ 280A for approval of access. Location of propert~y: Main Road, Cutcho- gue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church, Sarnowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and Tuthill. On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RE~©LVED that the Board of Appeals set 8:35 P.M. as time and place for & hearing upon application of Joseph Cherepowich, Gillette Drive, East.Marioh, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to extend garage with insufficient front yard setback. Location of property: Lot No. 21, Marion Manor, East Marion, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill~ On motion by Mr. Bergen, seconded by Mr. Gillispie, it was RESOLVED that the Board of Appeals set 8:45 P.M.- (D.S.To) as ~ime and place for a hearing upon application of Arthur W. Lee, 246 West 8th Street, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to~erect an eight (8) foot fence around property. Location of property: Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe.; soutk by Laurel Lake; west by J. Mulvihill. Vote of the Board: Ayes: MessrS : Gillispie, Bergen, Grigonis and Tuthill. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED that the Board of Appeal Set 9:00 P.M. (D.~.T.) as time and place for a hearing upon application of Marion M. Roussin, General Delivery, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and width. 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. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis~~ and Tuthill. ~OUTHOLD TOWN BOARD OF APPEALS -3~- July 27, 1978 The meeting was adjourned at 11:00 P.M. Respectfully submitted, BABETTE C. CONROY Secretary