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HomeMy WebLinkAboutZBA-06/14/1979Southold Town Board of Appeals SOUTHOLD, L. !., N. Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W. Gl LLISPI E, JR., CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. TERRY TUTHILL ROBERT J. DOUGLASS MINUTES Southold Town Board of Appeals June 14, 1979 A regular meeting of the Southold Town Board of Appeal~ was held on June 14, 1979, at 7:30 P.M. (D.S.T.) at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Terry Tuthill and Robert J. Douglass. Also present: Shirley Bachrach, Leage Qf Women's Voters. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the May 24, 1979, meeting. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. On motion by Mr. Douglass, seconded by Mr. Gillispie, it was RESOLVED, that Appeal No. 2539, Vincent Annabel, Stillwater AVenue, Cu%chogue, New York, be recessed until August 16, 1979, in order to allow the applicant time to have the necessary survey work comPleted and settle the estate which this property is a part of. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthilt and Douglass. An informal discussion was held with Irving L. Price, Jr., Esq., and Mr. and Mrs. Thomas Occhiogrosso concerning their appeal No. 2547 whick was denied at the last meeting. Mr. Price presented the Board with a copy of both the preliminary and final letters of approval from Daniel J. Larkin, Department of Environmental Cor~qervation relative to building S~UTHOLD TOWN BOARD OF APPEALS -2- June 14, 1979 a house near wetlands. Mr. Price also had a copy of a survey from the Board of Health for cesspool location. He will mail us copies of all of these letters for our records. Mr. Occhiogrosso plans on filling in his cellar with dirt~ and constructing his house on top of that. Mr. Price was given the forms to apply to the Town Board for a wetlands per- mit and was advised it will be necessary for him to file an Environmental Impact Statement on behalf of his clients. After completion of the above, Mr. Price can then return to the Board of Appeals and reapply for permission to construct a building with insufficient front and rear set- backs. An informal discussion was hled with attorney, Abigail A. Wickham, corncerning an existing right-of-way on Middle Road, Peconic, New York, a parcel at the end of the right-of-way but the cost of bringing the present farm road up to the ~rrent right-of-way specifications would cost more than the lot is worth. She would like the Board's opinion on the matter. Mr. Gillispie advised Ms. Wickham that we would inspect this on July 3, 197, our next inspection trip and advise her of our recommendations. PUBLIC HEARING: Appeal No. 2551 - Upon application of Gene Giannone, Main Road, Mattituck, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate an in ground pool in the front yard area. Location of property: Corner of .Wickham Avenue and Main Road (S. R. 25), Mattituck, New York, bounded Yon the north by DeFriest; east by McCul-ough; south by Main Road (S. R. 25); west by Wickham 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 publ±cation in the official newspapers, and disapproval from the Build±ng Inspector. The Chairman also read a letter from the Town Clerk that not±fication by certified mail had been made to: N.H. McCullough and DeFriest Funeral Homes, Inc. Fee paid $15.00. THE CHAIRMAN: The pool is to be parallel to Wickham Avenue lengthwise and the proposal is to have it 20 feet from the fence and it looks as though the pool would be 50 to 60 feet from the easterly boundary and would be located in what would normally be the rear yard if Wickham Avenue and the DeFriest right-of-way did not exist. Is there anyone present who wishes to speak for this applicaiion? Mr. Giannone, you already have a fence around the entire yard, correct? MR. EUGENE GIANNONE: Right. THE CHAIrmAN: Are you going to put an additional fence around the pool? MR. GIANNONE: I would like to put an additional fence around the SQUTHOLD TOWN BOARD OF APPEALS -3- June 14, 1979 pool. THE CHAIRMAN: I was just wondering if the Building Inspector considered the existing fence around the whole yard enough? MR. GtANNONE: Yes, the fence is legal for the pool, but it doesn't make me happy. THE CHAIRMAN: I think the application is clear enough. Does anyone have any questions or anything to add? Is there anyone present who wishes to speak against this application? (there was no response). After investigation and inspection the Board finds that the applicant wishes to conskruct an in ground pool on his property. The applicant has no legal rear yard due to the fact that his property abuts Main Road (State Road 25), Wickham Avenue and a private right- of-way owned by the DeFriest Funeral Home. The entire property is presently fenced,ib~t the applicant plans to put an additional fence around the pool. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Gene Giannone, Main Road, Mattituck, New York, be GRANTED permission to locate an in ground pool in the front yard area. Location of property: Corner of Wickham Avenue and Main Road (S. R. 25), Mattituck, New York, bounded on the north by DeFriest; east by McCullough; so~th by Main Road (S. R. 25); west by Wickham Avenue, subject to the following condition: (1) Approval of the Suffolk County Planning commission. Vote of the Board: A~es: Messrs: Gillispie~ Srigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2552 - Upon applicat&on of Crescent Beach Condominium (Charles Guhl, as agent), 45 Marine Place, East Marion, New York, for a variance to the Zoning Ordinance, Article V, Section ~ . 100-51 and Bulk Parking Schedule for permission to construct decks or patios with insufficient front and rear yard setbacks. Location of pro- perty: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits , SOUTHOLD TOWN BOARD OF APPEALS -4,- June 14, 1979 attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: James Kavanagh, Dawn Estate Shopping Center, Rhoda and Zena Kaplan, W. H. Paulisen. Fee paid $15.00 THE CHAIRMAN: A copy of the minutes of Creseent Beach Condo- minium of April 29, 1979 marked for the attention or-the Board of Appeals is in the file. (The Chairman read the portion of the minutes pertaining to the sun decks and concrete patios,) Is there anyone present who wishes to speak for this applicatiOn? MR. CHARLES GUHL$ I have nothing to add, Mr, Chairman. THE CHAE~N: I believe you went over the possible location of each one of theSe patios or decks with the Building Inspector, correct? MR. GUHL: Yes, I spoke to him. THE CHAIRSiAN; SO these figures that you have here, for instance no ~loser than 5 feet to the driveway have been discussed with the Building Inspector? That measurement concerned us. MR. GUHL: Yes. THE CHAIRMAN: any adjoining unit. feet apart? No patio or deck will be closer than 4 feet to The units are pretty close together. About 10 MR. GUHL: I would say more than 10 feet in most instances. There will be more than 4 feet between the wrap around and the next unit. MR. DOUGLASS: How do you intend to get 5 feet on LEempner? MR. KAVANAGH: There will be 6 feet there. If you don't count his existing porch it is 6 feet to the turn in the road. MR. DOUGLASS: Are ~ou going to have a wrap around there? MR. KAVANAGH: I'm not talking about the wrap around. I'm talking about his porch. The road swings out there. His pier there is 6 feet from the road. MR. DOUGLASS: That was one we measured and got 2-1/2 feet. TEE CHAIRMAN: Is this the pier that supports the condominium? MR. KAVANAGH: He put a pier in. He shouldn, t have, but it is 6 feet from the road. He put a big concrete block there. THE CHAIRMAN: When a fire truck comes in there and swings through SO~THOLD TOWN BOARD OF APPEALS -5- June 14, 1979 he won't take off the corner of the building will he? MR. KAVANAGH: Well, I had a !maid do iti o~e time; One of the chamber maids hit that corner of the building. THE CHAIRMAN: Is there anything else to be added to this applicatian. I think that we suggested that you apply for th~s in one application so it would cover all of the members. Concerning the patios to the weSt, I believe that the Building Bepartment feels that anything th&t is flush to the ground does not require a building permit, b~t if any of your members wished to raise their concrete patios they would require a building permit. The only other question in my mind is the site plan approval. We were never able to establish that the site plan to the original condominium was approved by the Southold Town Planning Board, and I think the point was made that if it was never approved there is no way to change the site not that it exists. Is that correct? MR. KAVANAGH: Yes, that is correct. I thOught all that stuff was straightened out. I had Bruer and Edson. They were supposed to be representing me, I paid them enough. I thought everything was all straightened out. They told me it was. THE CHAI~4AN¢ I think it has been suggested that you get site ~lan approval for this &pplication from the Planning Board. Who suggested this anyway? · HE SECRETARY: Mr. Fisher° THE CHAIRMAN: That would automatically clear up all the s~e plan problems that exist now. MR. KAVANAGH: Well, what do I have to do now? THE CHAIRMAN: Is there anyone p~sent who wishes to object to this application? (there was no response). Okay, we will approve it now. Okay, the only stipulation we would put on this is that the patios or decks cannot be enclosed and used for living quarters. MR. KAVANAGH: That's fine. We don't want that to happen either. You are talking about having it enclosed with jalous~i'es and all. THE CHAIRMAN: The decks or patios may not ba enclosed other than with screening materials. MR. GUHL: Will we be able to get one building permit to cover all that we wish to do? THE CHAIRMAN: I don't know how Mr. Fisher wants to handle that. We just agree~ to handle the 21 structures under one permit to save this Board paper work. I think this site plan approval will solve many of your problems. You have good roads and fire plugs. 3 S~UTHOLD TOWN BOARD OF APPEALS -6~ June 1~, 1979 After investigation and inspection the Board finds that the applicant is representing the 21 members of the condominium in this application for decks and patios. The decks and patios will be no larger than 14'3" by 16'13~. Neither the decks or patios will be closer than 5 feet to the road or closer than 4 feet to any adjoining unit. 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 observe the spirit of the Ordinance. On mo~ion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums, 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient f~ont and rear Fard setbacks~. Location of property: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62, upon the following conditions: (1) None of the decks or patios will be enclosed and used as living quarters. (2) Site Plan Approval by the Southold Town Planning Board. (3) Suffolk County Planning Commissian Approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2556 - Upon application of Theodore Rohloff, 2870 Orchard Street, Orient, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking-Schedule for permission to divide propeHty with insufficient area and width. Location of property: Orchard Street, Orient, New York, bounded on the north by Orchard Street; east by Rohloff; south by Mayer; west by Blank. 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 letter from the Town Clerk that notification by certified mail had been made to: Jean Rohloff, Mr. and Mrs. Peter Blank, Jr., Shirley Mayer. Fee paid $15.00. THE CHAIRMAN: The applicant has included a sketch of his property which indicates that the total area is about 59,000 square feet. There are two existing dwellings on the property; one of which is an existing old residence that is being used as a storage building and a new residence built by Mr. Rohloff. The proposal is to create two lots from the property ~ S~UTHOLD TOWN BOARD OF APPEALS -7- June 14, 1979 which is 146 feet in width and approximately 428 feet in depth. One lot will have 38,000~square feet and wilt own a 15 foot right-of-way bordering the existing building on Orchard Stree~ which will be on a site with about 20,480 square feet. Is there anyone present who wishes to speak for this application? THEODORE ROHLOFF: I don't have anything to add. I think you have covered it very nicely. THE CHAIRMAN: The situation is simply you want to be able to separate these two~p~ces of property at some time in. the future. You do not necessarily Want to do it today. MR. ROHLOFF: We would only do it if it was necessary. THE CHAIRMAN: I think the Board customarily does this particularly when there are existing buildings on each of the parcels to be created. That old house could be convered to a residence. MR. ROHLOFP: Very easily, yes. THE CHAIRMAN: You say you will have 40,000 square feet in the parcel you house presently sits on. Does that take in the square footage for the right-of-way? MR. ROHLOFF: Yes. ~HE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response). After investigation and inspection the Board finds that the applicant is the owner of a parcel of land containing approximately 59,000 square feet of property. One parcel will contain 38,592 square feet and will contain Mr. Rohloff's residence with a 15 foot right-6f-way adjacent to the newly created parcel which will contain approximately 20,480 square feet. The Board agrees with the reasoning of the applicant. The Board finds that strict applicatiQn of the Ordinance would produce practical difficulties or unnecessar~ 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. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Theodore Rohloff, 2870 Orchard Street, Orient, New York, be GRANTER permission to divide property with insufficient area and wi~hh as requested. Location of property: Orchard Street, Orient, New York, bounded on the north by Orchard Street; east by Rohloff; south by~ Mayer; west by Blank. Vote of the Board: Ayes: Messrs: and Douglass. Gillispie, Grigonis, Tuthilt S~UTHOLD TOWN ~.@ARD OF APPEALS -85 June 14, 1979 PUBLIC HEARING: Appeal No. 2555 - Upon application of Luella Lo Mullio, Burtis Lane, Peconic, New York, (Abigail A. Wickham, as Attorney), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconic Shores, No. 2. The Chairman opened the hearing by reading the applicatin 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 letter from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Emil Siebert, Commissioner of ~S0cial Services, County of Suffolk, Mr. and Mrs. Victor L'Eplattenier. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by the County Tax Map which shows the parcels referred to as well as a Sketch map for the Title Company made by Van Tuyl indicating and marked in red the lot that the applicant wishes to set off from the other nine lots. There are two cottages on the next lots, Lots No. 106, 107 108 109 110 and 78 and 79. There are 8 lots. ' ' ' MRS. LUELLA L. MULLIO: There are seven that I would like to separate ~om the other two. There are n~ne altogether. Lots 104 and 105 are where the house is located. ABIGAIL A. WICKHAM: Mrs. Mullio owns 104 and all the way north to 109 and 110 and then also 78 and 79. MR. DOUGLASS: Her dwelling occupies two lots. MS. WICKHAM: Yes. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? MS. WICKHAM: We would like to request a variance for the. ~ reasons stated in the application. This is an area where the lotS are very small abd houses have been constructed on very small l°ts. Mrs. Mullio's residenCe happens to be on two lots and I think it is a natural division of the property. She has had interest from purchasers in buying the rental cottages and the remaining property, but is unable to sell the parcel as a whole parcel. I think it represents a natural division. THE CHAIRMAN: I was just wondering .... this is not an 6fficial map~ Us it? It go~s back to 1945. It is a filed map though. I h~ave a whole map here. Peconic Shores. M$~ WICKHA~: THE CHAIRMAN: MS. WICKHAM: Is this an "excepted,' subdivision? In the Town ordinance? I think so. No, it is not in the Ordinance, I'm sorry. S~UTHOLD TOWN BOARD OF APPEALS -9- June 14, 1979 MR. DOUGLASS: I've never heard of it being excepted. THE CHAIRMAN: I was just wondering what criterion was used to establish the lot sizes there. MR. DOUGLASS: Someone drew them up. THE CHAIRMAN: i mean other than a surveyor. MS. WtCKHAM: I believe that back in 1929, when this was originally ~apped that was the size of the lot. MR. TUTHILL: Do you know if some of the original sized lots were merged, Gail? MS. WICKHAM: There are some parcels which are owned in single and separate ownership. MR. TUTHILL: In other words the Suffolk CoUnty Tax Map shows a different number of lots than the subidvisoD map? MS. WICKH~: Right, because they are in single and separate ownership. It says 10,600. Section 100-12 of the Ordinance ..... THE SECRETARY: Peconic Shores, Section I is excepted, but not Section II. MS. WICKHAM: THE SECRETARY: in the front section. I don't even see that. It's under the General Provisions of the O~dinance THE CHAIRMAN: Mrs. Mullio, do you know the difference between Section I and Section II? MRS. MULLIO: No. The Daty family were the original owners of this. I don't know how they arrived at the size of the lots. Below me to the right there are houses on single lots. MS. WICKHAM: I think that Section I is the portion along the Sound. THE CHAIRMAN: You wonder why Section I would be excepted, but not Section II. As I remember it, it was based on how many houses existed at the time the Zoning Ordinance came into existence. Were there many houses on that propertyaat that time? MRS. MULLIO: There were 3 down below me to the right, but they are all on si~le lotS. THE CHAIRMAN: I am not bringing this up to complicate your apli- cation tonight, but if you own the rest of the property, you might check to see if you can sell them as individual lots. SD'UTHOLD TOWN BOARD OF APPEALS -10- June 14, 1979 MS. WICKHAM: They are not in the excepted list. So, they would need a variance to do that. THE CHAIRMAN: Ail you are doing here is separating your residence from the rest of the property. Between your house and the rest of the property are two summer cottages, is that correct? This more or less establishes the boundaries of your property. MS. WICKHAM: The area of the whole parcel including the two cottages that she wants to set off is between 34,000 and 35,000 square feet. This is roughly 100 feet by 125 feet. THE CHAIRMAN: Does it give the total area on that map? ~S. WICKHAM: Not on the tax map, no. MRS. MULLIO: I think it is approximaely an acre and a half. MS. WICKHAM: It would be approximately 22,000 to 23,000 for the remaining, unimproved property. I think that answers your question. THE CHAIRMAN: It looks as though the lots are 50 feet by 100 feet in each lot. That is 5,000 each. Assume that lot 78 which is odd shaped is another 4 ir 5,000 and 79 is approximately 4,000 square feet. This property is on a very steep hill. MS. WICKHAM: Lot No. 108 has the large drop in contour. THE CHAIRMAN: Yes, and that is the lot that has 6 o~ 7,000 square feet. Everything that is remaining is about 23,000 square feet. MR. DOUGLASS: In this division, what is your intent for access? MS. WICEHAM: The improved road has full frontage along lots 104 and 105, which we are setting off. It also has full access along lot 106 and a small portion of 107. So this whole piece which is improved now by the two cottages does have access on Burtis Place. Burtis Place has not been improved north of that section. MR. DOUGLASS: But she has an improved ~oad MS. WICKHAM: She has an improved road from there. You can see how that road comes in. MR. DOUGLASS: What I am getting at is, is that what you are going to use to grant access to those lots. MRS. MULLIO: If I sell the rental properties, that improved road will be included. MR. DOUGLASS: YOur road will come in the other way and stop at the division line~' I just want to make sure that you have access for the rest of this land when it is sold. MS. WICKHA~: Yes, we understand that. They do have access from S~UTHOLD TOWN BOARD OF APPEALS -11- June 14, 1979 either way. MR. TUTHILL: Will this lea~e the two A-frame dwellings on one piece of property? MS. WICKHAM: Yes. MR. TUTHILL: In other words you are just cutting the residence from the rest? MS. WICKHAM: Yes. We are just separating out the residence at this time. THE CHAIRMAN: When you divide out property, one of the things you have to determine is what is left. We just have to make sure that the remaining portion is usable. MS. WICKHAM: We felt that splittinq off the residence on its own two lots is not going to distort the r~st of the property. It may be that some of these lotsddown here may at some point be developed. We would probably have to go to the planning board to do that. THE CHAIRMAN: You certainly would, if you wanted toi.lha-ve four lots there. I really doubt that you could get more than one, which still would not be a half acre. Is there anyone present who wishes t9 speak against this application? (there was no response). After investigation and inspection the Board finds that the applicant is the owner of nine under-sized lots at Peconic Shores, Section 2. Her present residence occupies two lots, and she wishes to divide these two lots from the other seven. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Luella L. Mullio, Burtis Lane, Peconic, New York, be GRANTED permission to divide property with insufficient area and width~as~appliedlfor~i .Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconid Shores, ~ection 2. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING - Appeal No. 2553 Upon application of Walter E. and Ru~h~H. Glasser, Jackson Street, New Suffolk, New York (Abigail A. S~UTHOLD TOWN BOARD OF APPEALS -12- June 14, 1979 Wickham, as attorney), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and for permission to convert garage to a dwelling with insufficient front yard setback. Location of property: Jackson Street, New Suffolk, New York, bounded on the north by Jackson Street; east by Third Street; south by Great Peconic Bay; west by Fourth Street. 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 letter from the Town Clerk that notification by certified mail was not necessary d~e to the fact the property is bounded on all sides by public streets and Peconic Bay on the fourth side. Fee paid $15.00. THE CHAIRMAN: The sketch that is attached shows that the appli- cants have a total of 202.21 feet on Jackson Street and approximately the same distance on Peconic Bay. The proposal is to divide the parcel (70,500 square feet approximately) on which the smaller portion to be divided out will contain about 28,500 square feet and the remaining plot will contain about 42,000 square feet. The p~oposed new addition to the garage on the smaller plot will be at least 20 feet from the new division line, and will be back a sufficient distance from the street. I guess that about summarizes it. It is shown as 1.6 acres on the County Tax Map. Immediately adjoining this property on the other side 6f Third Stree~ to the east are 4 small lots and 5 small lots are between Fourth Street and Fifth Street to the east of this property so that the Appli- cants' proposed division will be larger than anything than anything with four or five blocks. Is there anyone presen~ who wishes to speak for this application? ABIGAIL A. WICKHAM: In light of the surrounding lots, I think this division is quite reasonable and the reason for not making an equal division of the property is that the applicants took into account the size of the houses on each of the lots to be created. There is plenty of room for sufficient side yards on both parcels. THE CHAIP~4AN: I don't think there is any particular reason why the actual width of either of these parcels matters too much. Pakticularly when you will have 20 feet to the side line even now which is 3/4 of the current requirement. Is there anyone else present who wishes to speak for this application? (there was no response) Is there anyone present who wishes to speak aga~st this application? (there was no response). Does the Board have any questions. MR. TUTHILL: We have two applications here, don't we? The first one being the division of the property and also converting the garage to a residence with insufficient front yard setback? THE CHAIRMAN: I think the application states that the garage will be attached to a new dwelling, is that right? S~UTHOLD TO~N BOARD OF APPEALS ~13~ June 14~ 1979 MS. WICKHAM: That's right. They are going to construct an. addition. MR. TUTHILL: So we have to rule on both parts of the application. THE CHAIRMAN: The garage is an existing structure so we would not be involved with that. MS. WICKHAM: I think what Mr. Tuthill means is that it would be changed from an accessory use to a dwelling use. THE CHAIRMAN: The garage will still be an accessory use as long as you use it for a garage. MR. DOUGLASS: Is the garage going to be converted to a house, too? MS. WICKHAM: Mr. Glasser, is the garage going to be converted into living quarters? WALTER GLASSER: A small portion of the garage will become living space. THE CHAIRMAN: Oh. MR. TUTHILL: It is really an addition that you are planning? MR. GLASSER: It is a four car garage now, and when everything is finished it will be a smaller garage. MS. WICKHAM: The setback here is about five feet where the existing house is only four feet so that is consistent with the neighbor- hood. THE CHAIRMAN: Do we have a distance back from the street line the new addition will be located? MR. GLASSER: I do not have theeexact figure. I would say about 50 feet. THE CHAIRMAN: So if we~ put a condition that the building be back 50 feet it would be okay with you? MS. WICKHAM: Yes. After investigation and inspection the Board finds that the appli- cants are the owners of a parcel of land containing approximately 70,500 square feet and the proposal is %o divide the property into tw~ building parcels. The first lot to be created will contain approximately 42,000 square feet and will contain the existing dwelling. The second parcel will contain approximately 28,500 square feet. The Parcel containing 28,500 square feet presently contains a four car garage which the applicants wish to attach to an addition for a residence. They wish to use fifty per- ~UTHOLD TOWN BOARD OF APPEALS -14- June 14, 1979 cent of the garage for living quarters. The Board agrees with the reasoning of the applicants. The ~urrounding blocks in New Suffolk all contain much smaller lots than what is being created in this application. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, that Walter E. Glasser and Ruth H. Glasser, Jackson Street, New Suffolk, New York, be GRANTED permission t9 divde property with insufficient area and De GRANTED permission to convert garage to a dwelling with insufficient front yard setback. Location of property: Jackson Street, New Suffolk, New York, bounded on the north by Jackson Street; east by Third Street; south by Great Peconic Bay; west by Fourth Street, subject to the following conditions: (1) The applicant shall furnish a current survey showing the exact division of the property. (2) The addition to the garage shall be no closer than 20 feet to the division line on the westerly boundary. (3) Th~ addition to the garage shall be no closer than 50 feet to Jackson Street. (4) No building shall be closer than 5 feet to Third Street. (5) No more than 50 percent of the existing garage shall be converted to living quarters when the addition is added to it. (6) Th~relshall be no further subdivision of the two lots being created by this application. (7) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2554 - Upon application of Moebius Associates, East Road, Cutchogue, New York (Richard F. Lark, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for approval of a lot with insufficient area on a pro- pOsed minor subdivision. Location of property: East Road, Cutchogue, New York, bounded on the north by Williams, Spiro, Lake and Brower; east by Williams; south by East Road; west by Fleets Neck Road. The Chairman opened the hearing by reading the application S~UTHOLD TOWN BOARD OF APPEALS -15- June 14, 1979= for a variance to the Zoning Ordinance, 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 lettsr from the Town Clerk that notification by certified mail was made to: E. T. Williams; Alfred J. Spiro; Job T. Lake; Jessie Brower. Fee paid $15.00 THE CHAIRMAN: The County Tax Map indicates that this parcel~ has 2.5 acres in it. The survey attached made February 8, 1979 by Van Tuylzand the areas are as indicated. Two lots contain 40,001 square feet and the third contains 36,087 square feet. There is also a copy of the letter of April 13, 1979, from the Planning Board to Mr. Lark, which reads as follows: The following actions were taken by the Southold Town Planning Board at a regular meeting held April 16, 1979. RESOLVED that the Southold Town Planning Board recommend t® the Southold Town Board of Appeals approval of the request for a variance for a lot of insufficient area in the minor subdivision of Moebius. All of the lots in the area are of much smaller size. RESOLVED to grant approval to the sketch map of the minor subdivision of property of Moebius subject to action of the Board of Appeals granting a variance on the undersized lot. Yours truly, Muriel Brush, Secretary, Southold Town Planning Board. Is there anyone present who wishes ko speak for this application? RICHARD F. LARK, ESQ: The application I think Mr. Gillispie pretty much states what we are here for. It is a request for an area variance for a plot with a little less than 4,000 square feet to allow lot No. 3 to be created in the minor subdivision which you have before you. The Board will recall that we have been before you informally before and after discussions with the Planning Board, it was decided to go with 3 rather than 4 lots because the 4 lot division would require too many variances. Other possibilities were discussed and as the Planning Board recommended in my application they vetoed the idea of 2 because that they felt no matter what the covenants were you would still be getting future applications to divide that lot. This way with the zoning being 40,000 square feet, it was the Planning Board's feeling to go with 3 lots. THE CHAIR/V~AN: You are going to covenant them? MR. LARK: Yes, the Planning Board is going to require that. You also can put that in your action. Their's is held in abeyance pending the Board of Appeals resolution of the matter. That is how it stands right now. Then we will go back for a formal approval. THE CHAIRMAN: It sounded as though the night that we had the informal discussion that we had solved the problem really well. I guess no one liked that. MR. LARK: We would have added some property across the street, which the Town Attorney would have gone along with. It was felt by the family and some of the residents in the neighborhood who would be directly affected, it would provide too much access to the beach by allowing that. They are going to keep the parcel across the street in the estate for the present time. They will probably put these on the market and there will .~ ~UTHOLD TOWN BOARD OF APPEALS -16- June 14, 1979 just be three additional homes in the area. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (there was no response). Is there anyone present who wishes to speak against this application? WILLIAM McCALL: I live in the neighborhood. I do not have any objection to the subdivision, but I would like to make one correction. I don't think they mean to say Fleetwood Road when they say to the w~st. I believe they mean Pequash Road. MR. LARK: He's correct, it is Pequash Avenue. That is the correct. The original name 6f the road was Fleets Neck Road. Van Tuyl carries it on the survey.~ Not to add confusion that is why it was written that way. THE CHAIRMAN: We can amend the application to say Pequash Road or Fleets Neck Road. That should take care of it. MR. LARK: It is officially known as Pequash Avenue. THE CHAIRMAN: There are quite a few roads like that around here. I can think of one. Skunk Lane. Some people object to it, some people don't. MR. TUTHILL: Bowery Lane became Ackerly Pond Lane. After investigation and inspection the Board finds that the applicant is the owner of a parcel of land consisting of 2.665 acres. The applicants applied to the~Southold Town Planning Board for a minor subdivision consisting of three lots. Two of the lots contain 40,001 square feet and the third contains 36,087 square feet. The Planning Board conditioned the minor subdivision upon the Board of Appeals granting a variance for the lot containing 36,087 square feet. It should be noted that the westerly boundary of this property is designated as Fleet's Neck Road, but the proper name of the road is Pequash Avenue. The Board agrees with the reasoning of the applicant since most of the lots in the surround- ing area are considerably smaller than the size of lot No. 3 in the sub- division. ~ ~ 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 wilt observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that Moebius Associates, East Road, Cutchogue, New York be GRANTED approval of a ~lot with insufficient area on a proposed minor subdivision. Location of property: East Road, Cutchogue, New York, bounded on the north by Williams, Spiro, Lake and Brower; east by Williams; south by East Road; west by Fleets Neck Road, upon the following conditions: ~ ~UTHOLD TOWN BOARD OF APPEALS -17- June 14, 1979 (1) Although the Planning Board will covenant this subdivision there shall be no further division of the lot being created by this application. (2) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs. Gillispie~ Grigonis, Tuthill and Douglass. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it'was RESOLVED, that the next meeting of the Southold Town Board of Appeals will be held on Th~day, July 5, 1979, at 7:30 P.M. (D.S.T.) and set the following times on that day as the time and place of hearing upon the following applications : 7:30 P.M. (D.S.T.) Upon application of Edward H. Schwiebert, 202 Round Hill Road, Roslyn Heights, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in. the side yard area. Location of property: Mill Creek Drive; east by Pursel; south by Long Creek; west by MadDougall. 7:45 P.M. (D.S.T.) Upon application of Claudio's Restaurant, Main Street, Greenport, New York (Robert Ketcham, as Agent), for a special exception i~ accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to locate an off-premises directional sign. Location of property: Southwest corner of County Road 27 and Main Street (State Road 27), Greenport, New York, boinded on the north by County Road 27; east by Main Street (State Road 25); south by Henkel; west by Mazzaferro. 7:55 P.M. (D.S.T.) Upon application of Richard and Susan Greene, Glenn Road, Southold, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect a garage in the front yard area. Location of property: Right-of-way off Oaklawn Avenue, Southold, New York, bounded on the north by Jockey Creek; east by Mullen and Dunne; south by Oed; west by Gunnison. 8:10 P.M. (D.S.T.) Upon application of Jay and Mary Thomson, 695 Bayshore Drive, Greenport, New York (George Ahlers, as Agent), for a variance to the Zoning, Ordinance, Article III, Section 100-31 for permis- sion to construct an addition to an existing house which would cause the usage of more than 20 percent of the building lot. Location of property: Bayshore Road, Greenport, New York, known as Lot No. 64, Peconic Bay Estates, Greenport, New York. 8:25 P.M. (D.S.T.) Upon application of Victor and Marion Ales, Nassau Point Road, Cutchogue, New York, for a variance to the Zoning Or- dinance, Article Iii, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Loc~tion of property Meadow Lane, Cutchogue, New York, bounded on the north by Case; east by West Creek; south by New Suffolk Avenue; west by Meadow Lane. ~ ~OUTHOLD TOWN BOB~ OF APPEALS -18- June 14, 1979 Vote of the Board: and DOuglass. Ayes: Messrs: Gillispie, Grigonis, Tuthill The meeting was a~journed at 9:30 ~.M. Respectfully yours, Secretary APPROVED