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HomeMy WebLinkAboutZBA-10/11/1979Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. TELEPHONE 15161 765-1809 APPEALS BOARD MEMBERS CHARLES SRIGONI$ JR SERGE DOYEN, JR. TERRY TUTHIL_ ROBERTJ. DOUGLASS· Acting Chairman MINUTES SOUTHOLD TOY~ BOARD OF APPEALS OCTOBER i1, 1979 A regular meeting of the Southold Town Board of Appeals was held on October 11, 1979 at 7:30 P.M. (D.S.T.) at the Town Hall, Main Road· Southold, New York 11971. There were present: ~e~srs. Robert J. Douglass, Acting Chairman, Charles Grigonis, Jr., Terry R'. Tuthill, ~r.~ ahd Serge Doyen, Jr. PUBLIC HEARING. Appea~ No. 2614. Upon application of Charles and Edna Hart, Smith Drive, Southold, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to sub- divide with insufficient area, and for permission to c~s.truct dwelling with insufficient area, and for permission to construct dwelling with Insufficient rearyard setback. Location of property: Smith's Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway & Hoffman. The Acting Chairman opened the hearing at 7:39 P.M. by reading the application for a~.~a~:~- ~.legal notice of hearing and affidavits attesting t0~i~ publ~i~ in the local and official newspapers, Notice of Disapproval from the BUilding Inspector, and letter ~rom the Town Clerk that notification to adjoining prop- erty owners was made to Robert Hoffman and John J. Carway; fee paid $15.00. MR. DOUGLASS: We have a copy of the survey and a section of the County Tax Map showing the property. It happens to be on a long half-circle where the North Drive and South Drive join. Is there anybody in the audience wishing to speak for this application? (THERE WAS NO RESPONSE.) DOUGLASS: Is there anybody in the audience wishing to SOUTHOLD TOWN BOARD OF APPEALS -2- October 11, 1979 ~speak against this application? (THERE WAS NO RESPONSE.) MR. DOUGLASS: Then I'll say a couple of words. In inspecting this property, why what it was, when it was originally set up, it was four little lots that before zoning they could have built on, but today they can't. And what they have now is they have a house on one of the lots and a garage on the other and they propose to divide off that and build a house on the remaining piece~ which would be a part rectangle and part quarter-circle. Looking on the survey they show that they are asking 35-foot setback here~ and it would appear that they are asking 35 there. We see where they are asking for the rearyard setback, but the frontyard is short. MR HART: There is a 35-foot setback on that particular block. MR. DOUGLASS: Are you the applicants? MR. HART: Yes. MR. DOUGLASS: I asked if there was anybody that wanted to say anything. MRS. HART: We thought our neighbors. MR. DOUGLASS: Now, on here, would you please step up here? On your drawing you have 35-foot here. MR. HART: That's the rearyard. MR. DOUGLASS: But you only have 35 feet out here and this ms frontyard. HART: That an existing setback. MR. DOUGLASS: But you have to have a variance on it because the setback under the zonzng code now is 50 feet. MR. HART: Well, according to the Building Inspector we had to conform with the existing houses in that block, and that's what we did. MR. DOUGLASS: Yes, but you have to ask for it. MR. HART: We did. That's what we are doing now. MR. DOUGLASS: No, you're asking for rearyard. MR. HART: Well, this we left up to the Building Inspector to- We felt there was no varzance required for the setback in the frontyard because according to him we had to meet the existing setback. MR. DOUGLASS: That's what would be granted but it should have been applied for zn here. MRS. HART: He should have told us that when we went in. We spent SOUTHOLD TOWN BOARD OF APPEALS -3- October 11, 1979 ~th~ee hours here One day, a couple of weeks ago, and he sketched that ~.n for us. He sketched that house in there. MR. DOUGLASS: You see, you're in a situation here on a curve straight and then a curve- You actually have two frontyards. This one here on the curve part here you are perfectly all right. Now, on this you only have 35 feet, so this application should ask for it. MRS. HART: We didn't know that. ~. GRIGONIS: Did the building inspector deny it on that? MR. DOUGLASS: He put insufficient area. Not on excepted list of filed subdivisions...insufficient rearyard, is all he put. MR. GRIGONIS: He probably assumed it as frontyard. MR. HART: How could you possibly build on the property 100 feet deep, if you have to set your house back 50 feet, what do you have? You have to have a 50-foot backyard? MR. DOUGLASS: No, that isn't the point. It would be granted to the existing thing, but it must be asked for. There ms no such thing as approving something that zs not asked for. MRS. HART: Don't you think we should have been advised of that when we applied to him? MR. DOUGLASS: There is no question about that. MRS. ~RT: I don't want To go through all that agazn. We don't even know if we want to build this house. We just want to know can we build a house there. MR. DOUGLASS: Well, then, what you are interested in really is subdividing the piece? MR. HART: That's what we are doing, to find out if we can build on it? This is why the whole thing is brought about. MR. TUTHILL: When you plan to build your house then you would come in and reapply for that. MR. HART: So I could build a house on this without a variance if you would look at the survey. I can put it on there without that side. I could have a 50-foot rearyard and ll-foot sideyard and 50-foot frontyard without any variance. MR. DOUGLASS: There is no way in the world you could get on that property without a variance. MR. HART: You could change the house and make it long and narrow. MR. DOUGLASS: It would really be narrow. MR. HART: We have a 100 feet there, we could move this house SOUTHOLD TO~N BOARD OF APPEALS -4- October 11, 1979 over here within 11 feet of this then I would have 20-foot house, and s~ill 50 feet in here. MR. DOUGLASS: You can come down here by using this as a sideyard but then you would have to have, one of these you are allowed to have as a rearyard and one as a sideyazd. A rearyazd~.has got to have 50 feet and the front has to have 50. But you have two fronts. So you still have to get 50 in the rear with, and you can't do that without a variance which there is no problem. It's not correct the way it is, What we can do is subdivide it. You're still, the surrounding neighborhood that you are in is all by subdividing it. You're still within the standard of all the surrounding neighborhood. It's all that size or smaller. So, if it's -- if we cross out the asking of the setback until you want to come in with a house, we can subdivide it. I'll make a motion that the subdivision be allowed with the stipulation that only one dwelling can be on those two lots. MRS. HART: That would be all right. That's all we would want. MR. DOUGLASS: Then when you want to come in with a house plan, then you will have to come back for a variance on the setback because we cannot, if we give you the variance on the rearyard you will have to come back for a frontyard variance anyway. So if you wait until you see what house you want to put on it, then come in, then you will know what footage you~!l want. MRS. HART: That's all right. MR. TUTHILL: We could give him an undersized lot but that's about it. MR. DOUGLASS: Right. MRS. HART: That's all right with you? MR. HART: Yes. MR. DOUGLASS: So I'll make a motion that the subdivision of this piece into making lots 108 and 109 one independent lot with the stipulation that only one dwelling may be built on it in the future. After.investigation and inspection, the Board finds that the applicants are requesting a subdivision of merged four lots into two parcels thereby leaving again insufficient area for each lot, and requesting a rearyard setback as a result of the proposed house location on parcels 1000-076-2-6 & 7. However, the Board notices that a frontyard variance will also be required and was not included in the Building Inspector's Disapproval nor in the variance appllca~ tion as submitted. The Board agrees with the reasoning of the applicants as submitted in their application for a subdivision but does not agree with the setback as requested inasmuch as another v~riance will be required. The Board finds that strict application of the Ordinance would Produce practical difficulties or unnecessary hardship, the hardship SOUTHOLD TOWN BOARD OF APPEALS -5- October 11, 1979 ~cr,~ated is unique and would not be shared by all properties alike iX the immediate vicinity of the property and in the same use district; and the variance for the subdivision as requested W~I1 not cha~ge the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that CHARLES AND EDNA HART, Smith Drive, Southold, New York 11971, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to subdivide with insufficient area, but that the Variance for permission to construct dwelling with insufficient rearyard setback BE DENIED WITHOUT PREJUDICE. The Variance for a subdivision as requested is subject to the following CONDITIONS: (1) Southold Town Planning Board approval, (2) Suffolk County Planning Commission approval. Location of property: Smith's Drive North, Southold, New York; bounded north by Smith Drive, south by Smith Drive South, east by Smith Drive South, west by Carway and Hoffman. Vote of the Board: and Doyen. Ayes: Messrs. Douglass, Grigonis, Tuthill PUBLIC HEARING: Appeal No. 2610. Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York (Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordi- nance with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New York; bounded north by Corey Creek Lane, South by Corey Creek, west by Hammerschlag, east by Corey Creek Lane. The Acting Chairman opened the hearing at 7:52 P.M. by reading the application for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient frontyard setback, reading the legal notice of hearing and affidavits attesting to its publication zn the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made to the Ham~ersch!ags and-the-Ebelers~ fee paid $15.00. MR. DOUGLASS: I have a copy of the survey map of the property and the situation where the house and the sewage, water and so on will be. I also have a section of the County Tax Map which shows the piece of property on it. I have a copy of the Town of Southold Wetlands Permit ~27 that was granted by the Town Board according to information furnished in application 939 filed by applicant on June 15, 1979 to the Town Clerk. Mr. Douglass read the Southold Town Wetlands Permit ~27 in ~ull with all conditions. o o 0 SOUTHOLD TOWN BOARD OF APPEALS -6- October 11, 1979 Mr. Douglass read the New York State Department of Environmental cd~nservation Tidal Wetlands Permit ~TW 15276-0186 A in full. Both permits are hereby made part of this record. MR. DOUGLASS: Is there anyone who wishes to speak on behalf of the applicants? MR. IRVING PRICE: Irving L. Price, Jr., attorney for the appli- cants. After listening to all those conditions in all those permits I had the feeling I ought to raise my right hand and say "I do until death do us part," but seriously, this is another one of these side- yards which become a frontyard because the road, in this case Corey Creek Lane, is on two sides of this property, the front or the back, depending upon which way you wanted to look at it. It's on a dredged canal~ which goes into Corey Creek, and on the west side is bounded by lot #7 of the Subdivision. The Chairman has very kindly entered into the record all of the permits and it would serve no purpose to repeat them. There was one other finding that should be part of the record, that is the Environmental Impact Statement that was filed with the Town and in turn the Town by resolution found that there was no impact on the environment. The best representation where this house should be located is the survey that has been fixed up by the Department of Health, Suffolk County Department of Health General Engineering Services, and that shows that the cesspools will be 100 feet from the dredged canal. They will be 100 feet from the well which will be installed in the northwest corner. Their cesspools will be 100 feet from a marsh which is located across Corey Creek Lane from the house, and that corner of the house, the extreme northwest corner, northeast rather of the house will be 35 feet from the westerly line of Corey Creek Lane, and as I say the other dimensions and distances from the house will be sufficient as far as zoning. It's only the 35 feet when it is considered a frontyard because it's surrounded by the same road and less than the zoning requirement. So the variance is just for the sideyard which unfor- tunately is a frontyard in this particular instance. The exact location as you have heard the Chairman read will be determined first by %he Environmental Control and by the Building Inspector enforcing the Wetlands Permit of the Town of Southold. And I'm advised that the Building Permit will not be issued until that location has been set. I respectfully request that the variance be granted and on the grounds of hardship and the fact that it is not shared by the other lots as stated in the application. If there are any q~eS%ions, I would be glad to answer them. MR. TUTHILL: The dredg~dcanal that you are referring to is the water frontage there? MR. PRICE: Yes. MR. TUTHILL: No, it runs into a dredged canal but that's quite broad there. I never'thought it was a canal. MR. PRICE: It is a dredged canal. It's not natural. MR. DOUGLASS: That's right. Thank you, sir. Is there anybody SOUTHOLD TOWN BOARD OF APPEALS -7- October 11, 1979 · else wishing to speak for it? ts there anybody wishing to speak against this application? (THERE WAS NO RESPONSE.) MR. DOUGLASS: If not, why I'll accept a motion from one of you gentlemen okhying the setback with the provisions that they must follow all the regulations set up by the Town Board. After investigation a~d inspection, the Board finds that the applicant is the owner of the subject parcel of land which appears to be mostly wetlands and requiring the application to request the frontyard setback of 35 feet. Applicant has submitted all approvals for a Wetlands Permit from the Town of Southold and the New York State Department of Environmental Conservation. 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. Grigonis, seconded by Mr. Tuthill, it-was RESOLVED, that THOMAS AND JACQUELINE OCCHIOGROSSO, 77 Vanderbilt Boulevard, Oakdale, New York, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with znsufficient frontyard setback, SUBJECT to the follow- lng CONDITIONS: (1) Suffolk County Planning Commission approval. (2) Compliance with the conditions as set forth in ~e Town of Southold Wetlands Permit $27 dated September 11, 1979. (3) Compliance with the conditions as set forth in the New York State Department of Environmental Conservation Tidal Wetlands Permit No. TW 15276-0186 A. Location of property: Corey Creek Lane, Southold, New York; bounded north by Corey Creek Lane, south by Corey Creek,west by Hammerschlag, east by Corey Creek Lane. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. PUBLIC HEARING. Appeal No. 2611. Upon application of Reich Brothers Automotive Service, Inc., Front Street, Greenport, New York (William H. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90 and 100-91 for per- mission to operate an Automotive Repair Shop. Location of property: SOUTHOLD TOWN BOARD OF APPEALS -8- October 11, 1979 · Rock~ Point Road, East Marion, New York; bounded north by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. The Acting Chairman opened the hearing at 8:23 P.M. by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifi- cation has been made to the adjoining property owners as follows: Isaac T. Edwards, Estate of G.S. Nowell, and Aq~ilo D. Muir; fee paid $15.00. MR. DOUGLASS: I have a copy of the section of the County Tax Map showing it and the surrounding area. I have a letter here to the Zoning Board of Appeals from Isaac T. Edwards, owner of the subject property, giving consent for the subject application. Mr. Douglass read Mr. Edwards' letter dated September 22, 1979. MR. DOUGLASS: Is there anyone who~wishes to speak for this application? WILLIAM PRICE, JR.: I'm an attorney at Greenport and repre- sent Reich Brothers Automotive Service Inc. I would like to present to you the return receipts for the mailing of the Notice for your file. We are here requesting this evening a Special Ex- ception which is required here because all permitted uses within the C-1 General Industrial District would require same. In the C-1 General Industrial District, it states that the premises may be used for any lawful purpose except that no building and/or premises shall be used for a dwelling, boarding and tourist home, motel, hotel, or tourist camp purposes. In other words we can't use it for a residence, in the nature of a residence, but we can under the Zoning Ordinance use it for any commercial enterprise. This is your broadest based zoning designation. The decision this Board must make must be basic on the normal principles of zoning that the health, safety, morales and the general welfare of the community would be served as opposed to merely the unnecessary hardship or practical difficulty standards. As you know, Town of Southold from the Hamlet of Southold going east we have lost no fewer than four service stations in recent years. As opposed to merely limiting our supply of gasoline, it has also limited the supply to the Town of Southold of enterprises which can do repair work for automobiles. There~ is a need in the com~ munity for additional repair-shop operation. My clients operate the Amoco Service Station in the Village of Greenport. They have no plan to close that Station but merely would like to expand their operations. The area at which they are located now cannot take on any more work than what they have. If they move to a new location, an additional location, they will be able to ser- vice the needs of the community better by providing more repair services to automotive vehicles throughout the community. These two gentlemen here are the Reich Brothers; they are the owners of the corporation which I represent. They understand that they will have to go before the Planning Board if they obtain a favorable SOUTHOLD TOWN BOARD OF APPEALS -9- October 11, 1979 'deciSion from this Board. Now, just for the record I would like to a~k Mr. Norman R. Reich if he will just step up here for a moment. Now, when and if you are granted this Special Exception would you be willing to comply with all of the requirements as stated in the Zon- ing Ordinance and those conditions imposed upon you by the Boards of the Town of Southold. MR. REICH: Yes. MR. PRICE: You understand that this may entail the screening of the area by substantial screen being anywhere from three to eight feet in height? MR. REICH: (Nodded yes.) MR. PRICE: You will take care to protect the welfare of the surrounding area and take whatever steps necessary to protect the safety of the people in that area? MR. REICH: Yes. MR. PRICE: Thank you for your time. This is all I have to say. We are open to questions. MR. DOUGLASS: Thank you. Before I go on, is there anybody in the audience wishing to speak against this application? (THERE WAS NO RESPONSE.) MR. DOUGLASS: It is stated that the applicant desires the per- mission to use the below described property for an automotive repair shop, then it goes on, that they needed to take possessiom, of it. NoW, when you state "taking possession," are you talking purchasing or leasing? MR. PRICE: Both. MR. DOUGLASS: This brings up a problem. On leasing-- MR. PRICE: Mr. Chairman, if I may? MR. DOUGLASS: Yes. MR. PRICE: The lease agreement between the applicant and the current owner contains an option to purchase. It contains terms of the purchase. There are certain tax reasons agreed upon by the applicant and the owner as to when the actual taking of title will occur. We are before this Board not merely as a prospective lessee of the property, but in addition to that we are before the Board as contract vendees, with vested rights to purchase this property. I can assure the Board that the lease, thus far as negotiated, con- tains a provision to have my client to be in possession for a term of not less than five years. However, in that lease there is also a provision for my client to purchase this. As you can see from examining my clients, they are young men and they, as all young men, SOUTHOLD TOWN BOARD OF APPEALS -10- October 11, 1979 ~ave'~ifficulties in obtaining financing. The owner has been kind er~Dugh to be flexible with his offer of sale so that my clients would be able to take possession of the premises so long as they obtained the necessary approvals from two different Boards within the Town of Southotd. MR. DOUGLASS: Yes. But the difference between their taking possession under a lease and their taking possession as a purchase brings up alot more area of ground in this subdivision of this land, this and the tank farm. MR. PRICE: We are not requesting a subdivision, Mr. Chairman. MR. DOUGLASS: This doesn't include the tank farm then. MR. PRICE: This particular lot is already set off and is an approved single lot as it is. We are hoping to take possession of that area where it's a broom factory, I believe. It's just that particular lot. MR. DOUGLASS: Well you say it is a separate lot. Now-- MR. PRICE: So did the Assessors' Office where I got all my information. MR. DOUGLASS: Is it under separate ownership? MR. PRICE: I don't know. I know that one of the adjoining lots title now is in Mr. Edwards and I know that the lot that we are requesting the Special Exception for is also in the name of Mr. Edwards and I am sure that those standards which would apply to the service-station operation would be imposed by the Planning Board when we were before them and if we could not meet those standards, then in that event I would be again before this Board asking for a variance. At this time I'm not asking for a variance. MR. DOUGLASS: No, but if those two parcels are under one ownership, they are going to have to come before a Board to be subdivided. And there are standards of amounts of ground for a C-1 District that have to be met. MR. PRICE: ~es. MR. DOUGLASS: And this is what we don't have in here. And this Ks what we couldn't determine whether it was a purchase or whether it was a lease. And where it involves a purchase-- MR. PRICE: It's a possible purchase. They have an option. It's not necessarily.going to be a purchase. It's not necessarily going to be a lease. But before we can ascertain whether or not we can enter into possession pursuant to this lease option agree- ment, we have to ascertain from the Town whether or not this particular use of a repair shop would be permitted under the Town law. That's what we are here to do. We cannot come before you before we go to the Planning Board and ask for a variance before SOUTHOLD TOWN BOARD OF APPEALS -11- October 11, 1979 ~we s~mit plans to the Building Inspector to have him deny those plans. MR. DOUGLASS: The Planning Board does no~ give variances. MR. PRICE: That's right. We have to go before the Planning Board as say, "Do we have to comply with all of these standards. Which standards must be com~ied with?"And they will say, "You must comply with this standards, possibly you meet this standard. These are the different things your application falls short on." Then in that event if we fall short, then I would have to come back before this Board and ask for possibly an area variance, maybe this is just hypothetical now, maybe a variance for the size of the road, maybe a variance to install a fence higher than eight feet for screening purposes. It depends on what the Planning Board asks us for. MR. DOUGLASS: The Planning Board does not ask you for that. MR. PRICE: They can. MR. DOUGLASS: We have to. MR. PRICE: We don't even-- MR. DOUGLASS: Then it just goes to them for site plan approval. MR. PRICE: That's right. It's my understanding that Special Exceptions are grantad subject to Planning Board approval. If I cannot obtain Planning Board approval because of the deficiency in my application for site plan, then I would be referred back to this Board. MR. TUTHILL: I don't see how you can represent yourself as contract vendees; you have no contract. MR. PRICE: Well, we have a verbal commitment from Mr. Edwards. I have had numerous discussions with his attorney, Mr. Tedeschi, and in the course of these negotiations, it was determined that we would not enter into possession until such time as we could gain approval from the various town Boards and that's what we are here to do this evening. We have the consent of the owner of record, the person who is shown in the Assessors' Office and the County Clerk's Office as the owner of this property to come before this Board~ We have a commitment from Mr. Edwards to sell or to lease to us in the event we can obtain the permission from these Boards. We would be going through substantial time, effort and possibly needless negotiations for the particular lease and the particular contract of sale in the event that the proposed commercial estab- lishment would not be permitted. MR. TUTHILL: You're a lessee with an option. I still don't see where you are contract vendees. MR. PRICE: As-an option is the contract to purchase. SOUTHOLD TOWN BOARD OF APPEALS -12- October 11, 1979 'MR. DOUGLASS: If it involves purchase, it is going to have to come back for a whole new set of going over because of subdivision that land comes ~n. And that is not in here now. The only thing you are asking for, the only thing that we can go ahead on this thing so you know where you stand, but if this comes up for purchase, it's going to have to come back all the way back through the line again. MR. PRICE: We realize that. MR. DOUGLASS: So it will be done on what we would grant, would be done on a lease or a rental basis, not a purchase basis. The purchase basis brings in atot more detail than there is here tonight. MR. PRICE: We will be back before this Board in the event that we cannot meet the standards as required by your Zoning Ordinance, whether it be as purchaser or as lessee. MR. DOUGLASS: Yes, but we will set the standards tonight if we grant it. We will set the standards of the use of it. MR. PRICE: The question before this Board is merely whether or not the proposed use as an automotive service station is in keeping with your Zoning Ordinance. We are not here presenting detailed plans. We are here just to find out whether or not a service station would be permitted. That is all we are asking for. Now we realize that we have to meet the standards of the entire Zoning Ordinance, be it an area requirement; there is an existing building so if we p~t an addition on it we would have to make sure that the addition would meet with setback requirements. We realize that we have to meet with the ingress and egress standards. We realize that if we have a driveway that the driveway has to be of a certain size. We realize that we have to have certain size area for parking. But the question before this Board is merely whether or not that use at that location is acceptable. The particulars would be worked out at a later date. MR. DOUGLASS: No, they cannot. The Board if it grants it will grant it with the specifications. MR. PRICE: Well, I've said what I have to say. MR. DOUGLASS: Ail right. Is there anybody that wishes to say anything in the audience? (THERE WAS NO RESPONSE.) MR. DOUGLASS: The only thing we can go on the assumption of, is that on the lease thing-it will have to come back if it's on a purchase thing anyway, after the Planning Board. And we can grant this, it's allowed in other Districts of the Town, this sort of operation, and we can grant it by Special Exception because it is allowed. Hearing no objections from anybody, I will make a motion that it be granted for use that they desire to lease it for, with the following things that they will have to comply with. And this is for public garages and also covers gasoline stations, new and SOUTHOLD TOWN BOARD OF APPEALS -13- October 11, 1979 used'car lots and all subject to the following requirements: (Article VI~I, Section 100-70B) (a) Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall be located not less than 10 feet from any property line, and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Vehicle lifts ~nd pits, dismantled automobiles and all parts or supplies shall be located within the building. (c) Ail service or repair of motor vehicles other than such minor servicing as change of tires or sale of gasoline or oil, shall be con- ducted within the building. (d) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. (e) No gasoline or fuel pumps or tanks shall be located less than 15 feet from any street or property line. (f) No motor vehicles sales, used car lots, gasoline service, or repair shops or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage or any of those. So you are all right on that. Then we have, we just stated no major repair work to be done out in the open, about all the fuels and substances and so on shall be 15 feet from road and so on, or no auto- mobiles, or automotive parts dismantled or damaged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted other than the owner's own car. Signs to be erected in accord with the sign ordinances, legally advertised for public hearing and so on; said signs shall be at least five feet from all property lines. MR. DOUGLASS (continued): With these restrictions on it, I'll make a motion that it be granted for the use under the lease provisions and if they come up for sale %hey will have to come back for the other. After investigation and inspection, the Board finds that the applicants are requesting a Special Exception as lessees with an option to purchase the subject parcel, which has become merged with its northerly adjoining property because of same ownership. The application for a Special Exception is within reason. The Board agrees with the reasoning of the applicants. 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 the properties alike in the immediate vicinity of the property and in the same use dis- trict; and the Special Exception will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was SOUTHOLD TOWN BOARD OF APPEALS -14- October 11, 1979 '~SOLVED, that REICH BROTHERS AUTOMOTIVE SERVICE INC,, Front S~-reet, Greenport, New York 11944 (William H. Price, J~.?i:.Esq. as agent), as Lessees be GRANTED a Special Exception to t~elZ0ning Ordi- nance, Article IX, Sections 100-90 and 100~91 for permission to operate an automotive repair shop, SUBJECT to the following CONDI- TIONS: (a) That the applicants conform with the rules and regulations of the Southold Town Board of Appeals including (1) No major repair work to be done in the open; (2) No automobiles or automobile parts, dismantled or damaged vehicles and similar articles shall be stored in the open; and no parking of vehicles other than those being serviced shall be permitted; (b) That the applicants conform with the Southold Town Building Code, including but not limited to, Article VEI, Section !00~70; (c) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval ~S quired from the Board of Appeals for a Special Exception as requested in the within application and from other departments as is deemed necessary; (d) That when a conveyance is anticipated of this parcel to separate same from the northerly adjoining parcel, approval is required from the Southold Town Planning Board and the Board of Appeals for its subdivision and other procedures as may become necessary. Location of property: Rocky Point Road, East Marien, Ne~ York; bounded nOrth by Edwards, east by Estate of Nowell, south by Muir, west by Rocky Point Road. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthil! and Doyen. PUBLIC HEARING: Appeal No. 2627. Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971 (George C. Stankevich, Esq.) for a Variance to the Zoning Ordinance, Article Iii, Section 100-31 for permission to construct dwelling with insuf- ficient front and rear-yard setbacks, and New York Town Law Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. The Acting Chairman opened the hearing at 8:58 P.M. by reading the applications for variances, legal notice of hearing and affi- davits attesting to its publication in the local and official news- papers, Notice of DisapprOVal from the Building Inspector and letter from the Town Cl~rk that notification has been made to the adjoining proPerty owners as follows: Mr. and Mrs. Eugene I. Hart, SOUTHOLD TOWN BOARD OF APPEALS -15- October 11, 1979 Hr. and Mrs. Otto Macomber, Harry Schumacher, R.D. Wendell, Mary E. Kennedy; fee paid $15.00. There is also an affidavit attesting to Notice to Adjoining Property Owner Goose Creek Lane Association. MR. DOUGLASS: I have a copy of the County Tax Map showing this and the surrounding areas. Is there anyone who wishes to speak in favor of this application? GEORGE STANKEVICH: My name is George Stankev~ch, and in the course of remedy I will just state that I think the-application fully covers the reasons why this application is necessary and why it is in your interest and the Town's interest to grant it. Thank you very much. MR. DOUGLASS: Thank you. In this application is there anybody wishing to speak against it? (THERE WAS NO RESPONSE.) MR. DOUGLASS: If not, I'll just say a couple of words. In checking this over, we find that there apparently are some discrepancies in the right-of-way, stuff that has to be straightened out, still yet by you people somewhere along the line. Out in front of it, the right-of-way which they want a setback variance for, because this is a corner lot and it ends up with two frontyards, it is on a very definitely set-up private right-of-way. There being no objections to it, it is a pre-existing lot, why I would make a motion that the ~etback be grudged a~d~the-access be granted provided they have legal right of title for the access road and that the access road be improved to our regular specifications. If that meets with your approval, why I-- MR. TUTHILL: I'm not clear--there's an existing blue stone-- MR. DOUGLASS: That's not it. MR. TUTHILL: The stone road that goes along the side of this property. Now there's another one that's a paper street. Is that the other proposed corner or ms it ac~ualty a physical road that comes off of the-- MR. DOUGLASS: There isn't any there; it's still a paper road. MR. TUTHILL: They propose to open it up? MR. STA~E~J~: I think they would propose to open the minimum up to gain access because of the expense. Mrs. McLean has sold the lot at $6,000, a very low price in order to finance her son's educa- tion. And sell this and an adjoining lot, so-- And the purchaser's builder, I'm sure, is, I ~hink he's going to pay for the improvements but only minimum improvements because it's his daughter's house and he's doing it on a-- MR. TUTHILL: As of now it's just a technical corner lot? MR. ST~NKEVICH: Yes, sir. SOUTHOLD TOWN BOARD OF APPEALS -16- October 11, 1979 DOUGLASS: But it is a recognized private road. MA. STANKEVICH: True, and that's the necessity of a variance. It's got to comply with technicalities or get a variance. MR. DOUGLASS: Right. So I would go with it that way, approve the setback on the private right-of-way and the access with proof of legal right of title, and it to be improved to the specifications that we require. A 15-foot with either ston~-hlend or oil and so on and so forth. MR. STANKEVICH: I have the~.specs. MR. DOUGLASS: You have them, right. As I said there seems to be some dispute on that access road. MR. STANKEVICH: The title company has the-answer. We will provide you with a copy. MR. DOUGLASS: Right. DO you agree with it? MR. TUTHILL: I'll second it. After investigation and inspection, the Board finds that the applicant is requesting a variance for 24-foot frontyard setback, and the property has three front yards leaving the other a rearyard which requires this variance for 24-foot setback. The applicant is also requesting approval for access on the 30-foot right-of-way extending from the Goose Creek Lane Association right-of-way for which there appears to be litigation pending about legal title. However, the Board agrees with the reasoning of the applicant~ The Board finds that strict application of the Ordinanc~ would 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. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold, New York 11971, (George C. Stankevich, Esq.) be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rear-yard setbacks and a Variance for approval of access pursuant to New York Town Law, Section 280A, SUBJECT to the following CONDITIONS: (1) legal title of the subject access road; (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Davis, south by Wendell, west by Hart, east by Goose Creek Lane Association. SOUTHOLD TOWN BOARD OF APPEALS -17- October 11, 1979 'Vote of the Board: and Doyen. Ayes: Messrs. Douglass, Grigonis, Tuthill PUBLIC HEARING: Appeal No. 2628. Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York 11971, (George C. Stankevich, Esq.) for a Variance to the Zoning Ordinance, Article II!, Section 100-31 for permission to construct dwelling with insufficient front and Side-yard setbacks, and for approval of access, New York Town Law Section 280A. Location of p~operty: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. The Acting Chairman opened the hearing at 9:08 P.M. by reading the applications for variances, legal notice of hearing and affidavits attesting to its publications in the local and official newspapers, Notice of Disapproval from the Building Inspection, and letter from the Town Clerk that notification to adjoining property owners was made to Mr. and Mrs. E~gene I. Hart, Mr. and Mrs. Otto Macomber, Harry Schumacher, R.D. Wendell, Mary E. Kennedy; fee paid $15.00. There is also an affidavit attesting to Notice to Adjoining Property Owner Goose Creek Lane Association. MR. DOUGLASS: I~have a section of the County Tax Map showing this and the surrounding areas and a copy of the survey of the sub- ject premises. It is a corner lot with two frontyards. One con- forms to the 50 feet and the other one has to be cut down to 37 feet. Hmmm, there's a problem here for you, George. This becomes rearyard, right? It will not make it and they did not apply for it. MR. STANKEVICH: Well, we can amend the application nunc pro tunc or just move it. How much do you need in the rear? MR. DOUGLASS: 50. The same as here. The other one was all right, it was a longer lot. The other one is a few feet longer. They have 75 back here and 56. MR. STANKEVICH: How much do they have there? What are %hey short, by two feet? MR. DOUGLASS: Five feet. MR. STANKEVICH: Well, you could do two things. Just amend the application nunc pro tunc-- MR. DOUGLASS: No we can't amend this, it would have to come back again. MR. STANKEVICH: Then just don't give me a rearyard variance and they'll make a shorter house. MR. DOUGLASS: They could change the shape a little bit. Ok. Is there anybody here wishing to speak for this? MR. STANKEVICH: Again, in the case of remedy, I'm the applicant's SOUTHOLD TOWN BOARD OF APPEALS -18~ October 11~ 1979 ~tto~ney, and we rest on the application which I think lays out the re~sons and justifications for granting the variance. MR. DOUGLASS: Is there anybody wishing to speak against this variance? (THERE WAS NO RESPONSE.) MR. DOUGLASS: Hearing nothing against it, I'll explain, this is a corner lot and thereby they end up with two frontyards and so they need a cutback to 37 feet on one so that it becomes a sideyard. Then they will conform with 50 in front and 50 in rear, so I'll make a motion again that we grant this relief, this variance, and that we grant the access to the lot provided they have legal right of title and they meet with our requirements on access approval which the attorney has in his possession, which is the 15-feet wide with stone blend or other materials, etc. After investigation and inspection the Board finds that the application is for a variance for 37-foot frontyard setback which requzres also a variance for rearyard setback of 20 feet if as proposed. The applicant also requests approval for access on the 30-foot right-of-way extending from the Goose Creek Lane Association right-of-way for which there_ appears to be litigation pending about legal title. However, 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 made by Mr. Douglass, secended by Mr. Grigonis, it was RESOLVED, that GERTRUDE C. McLEAN, Blue Marlin Drive, Southold, New York 11971, (George C. Stankevich, Esq.) he GRANTED a Variance appr~vi~g'~ccess-pursuant-to New York Town Law, Section 280A, but DENIED WIthOUT PREJUDICE the Variance to the Zoning Ordinance, Article III, Section 100-31. The Variance is granted with the following CONDITIONS: (1) legal title of the subject access road; (2) conformance with the specifications and requirements as set forth by the Board of Appeals for access roads. Location of property: Private Road, Southold, New York; bounded north by Kennedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. SOUTHOLD TOWN BOARD OF APPEALS -19- October 11, 1979 PUBLIC HEARING: Appeal No. 2609. upon application of < Robin A. Raeburn and Mary Elizabeth Murphy, by George C. S~ankevlch, Esq,, Main Road, Southold, New York, for a Variance for approval of access, New York Town Law, Section 280A. Location of property: Bridge Lane~Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. The Acting Chairman opened the hearing at 9:17 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publications in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification has been made to the adjoining property owners as follows: Mr. and Mrs. Freeman L. Parr, Mrs. Jenny Bokina, and Baxter Properties, Inc.; fee paid $15.00. Mr. Terry Tuthill, member, left the room at this time, to return shortly. MR. DOUGLASS: Is there anybody wishing to speak for this application? MR. BOKINA: They have no right-of-way up that front of the lot, plus when they put the underground lights to their house on Murphy, on the No. 1 lot, they put it on our property. MR. DOUGLASS: Just a minute please, sir. I asked for anybody speaking for the application. I'll give you a minute. Mr. Terry Tuthill returned to the room. GEORGE STANKEVICH: Oh, yes, George StankeV~ch, Main Road, Southold, New York, and I am speaking for the application. I think most importantly we're here to ask your help. This ms a problem that wasn't created because we wanted it this way. This is not a problem that the real estate broker has created, nor the buyer. And this problem was created by the fact that some litigation was necessitated in the Supreme Court, and Judge Baisley determined that the only way for him to get this case out of his courtroom was to make the parties split this land up, that was originally acquired in two pieces, to break it into three pieces. If that didn't happen, we wouldn't be here, and we wouldn't be asking for your help, nor would you be wasting your time and good effort, and so I would like to give you a copy of Judge Baisley's order and the stipulation in court that brought this whole thing to a head. You should also know not only was this split necessitated by court action but the laok of access was really pre-existing. The fact was that Harold Reeve owned this property prmor to the '50s and Baxter Properties owned it during the '50s and during that time we didn't have zonmng, and there were no strict requirements as to access. And they split properties up along the Sound, people used farm roads to get to it, and now we're stuck with a prob- lem that was created at that time. There is no question that there ms legal access to these properties. The extent of the access is something else, but there is no question %hat the legal access exists. And I have given you the deed at Liber 1154, CD ~D SOUTHOLD TOWN BOARD OF APPEALS -20- October 11, 1979 'Liber 1771, Liber 5648, Liber 7259 and 7658, in which that ac- cess is documented, so the legal existence of access is docu- mented, is real, and it exists. Now, I've also dug back into the files of our local surveyor, Mr. Van Tuyl, and I p~esent to you tonight a copy of survey for Baxter Properties Inc. made June 17, 1955 in which thzs access and this property as it existed in 1955 zs shown. Now this, this survey's important for two reasons, three reasons actually? First it shows the two properties that were originally purchased that were ulti- mately sP~it up into three pieces by Judge Baisley, it shows the access Number two, and Number three it shows that in 1955 at the time this access was created, there was and there still · s an encroachment of some four to five feet of a house and barn. People created a problem at that time, Lord only k~ows why, but we're stuck with it now. And we have a problem in that regard. MR. TUTHILL: Which regard? MR. STANKEVICH: In regard to the fact that there's this big, huge house and a barn that encroaches to some degree up to five'~eet into this right-of-way. MR. TUTHILL: Right. You don't have a problem in the location of the right-of-way. That's established? MR. STANKEVICH: Yeah, that's established, it's legal. And it's shown not only on this old map, which is so old how it's an ancient map, it's shown in the deeds and it's also! documented by the Chicago Title Insurance Company, and I present to you tonight a letter from them certifying the existence, the legal existence of that, and I believe that's important. So I hand that up as an Exhibit. And I know ~hat this is something that was on your mind. We know that yo 're propez~f bri~ging ~to our attention the fact that there is a encroachment of some four to five feet of the house and b rn into the rmght-of-way. It exists. We didn't create it. We know as a legal matter that we can't move that right-of-way. The only way we could move it is really to go deeper into the house and there is no possibility of moving it the other way. We tried to contact Baxter and he's up in Connecticut and he doesn't even answer our telephone calls or letters. He's just not interested. He's not around here all the time. Exhibit- Chicago Title Insurance Company letter dated 10/11/79. MR. TUTHILL: Is that Baxter's barn? MR. DOUGLASS: No, no. It's Bokina. MR. STANKEVICH: But Baxter owns this strip. Now I don't think as a practical matter thzs presents a problem. Number one, all motor vehicles by law have to be less than eight feet mn width, and as you know the highway, super highways only have ll-foot lanes and you have 11 feet that are clear of these encroachments. Now, I believe that it would be equitable for you to treat these large buildings as you would a valuable tree. SOUTHOLD TOWN BOARD OF APPEALS -21- October 11~ 1979 ~If there was a, you know, 200-year old Oak tree with a three- foot butt, you wouldn't tell my client to cut it down just to get a 7-foot car around it. In fact you would probably tell us, "Don't cut it down under any circumstances." And that's the type of conditions you often have put in your decisions. And I believe that would be an equitable way to handle that problem. There's no way that Mrs. Bokina is going to move her barn or her house. Naturally, as I indicated if we were all living in 1955 and we were creating this at that time, we would have taken more care and attention to avoid the problem, but they knew about it in '55 and they created it. Why? I don't know. MR. DOUGLASS: ~nybody go'ing through here is driving right in their front yard. MR. STANKEVICH: That's a fact. As a matter of fact we got the legal right to do that and in due deference to Mrs. Bokina, you can see the traveled path in '55 approximates where it is today. Most everybody that goes up there goes over on to Baxter's right-of-way. MR. DOUGLASS: They're riding in half of Baxter's right-of-way. MR. STANKEVICH: It waivers in and out, it's a farm road. MR. DOUGLASS: Right. We went up there. We have pictures. MR. STANKEVICH: Now this presents a second problem. You know, our first problem is the fact that we know there are en- croachments that we can't do anything about. Of course, that's why we are in front of the ZBA, because you're the type of Board that can grant equitable relief in these circumstances. The second problem is improvement of this right-ofl-way. We know what your general conditions are and we know that they are extremely expensive. Putting aside for the moment the question of expense, if you require strict adherence to those conditions, which you don't have to, you can vary them, you're going to be asking us to put a road right through Mrs. Bokina's front yard and I don't think she want~ it, and I know we don't want that. On the other hand we know you have the responsibility with duty which you would adhere to to protect the public, you know, so you'~ott~bat~nce it. Number two, we know that the path as it is now'is, has-been ~sed by Mr. Parr. It's been used by the existing house that has been up there for about 6 years and we don't see really how one or two more houses at some future date- MR. DOUGLASS: This whole thing is going to be some day. MR. STANKEVICH: Well, when it's developed as a whole that's when this problem is going to be solved, because somebody's going no punch a big road right through to develop the property, ~The Planning Board will insist upon it. We're in a grey area now before development takes place. It may be some time before development takes place. SOUTHOLD TOWN BOARD OF APPEALS -22- October 11, 1979 (The Board reviews the right,of,way of Baxter Properties abutting the subject right,of-way.) MR. STANKEVICH: Certainly, the applicant would be amenable for instance to go along with a temporary access and if and when it's developed in that area require us to go into the new develop- ment, fine. That's a practical, sensible solution. But for the time being we've got a 1300-foot farm road that has caused nobody any problems. MR. TUTHILL: This one here will cause-- MR. STANKEVICH: Well, you always have problems, that's the nature of the beast. MR. DOUGLASS: It will have to be improved. It's no good the way it is. MR. STANKEVICH: Well, if you requir~e improvements, let's think that through. If we get your requirements to improve this to the full width, lS feet except for where the encroachment is. Qr 15 f~t. That's certainly wider than is necessary for one car. ~t%s certainly not going to do anything for Mr. Bokina because he is, going %0 be dragging those rocks and pebbles into hi~ farm. It's certainly going to create a financial hardship in the sense that it is 1300 feet, and f don't think you can do it for less than $5.00 a foot. MR. DOUGLASS: We have it, with emergency vehicles in mind- MR. STANKEVICH: Yeah. MR. DOUGLASS: And you have to have room for passing. It's too bad you can!t get together with Baxter and utilize and make one. I would suggest that that~ MR. STANKEVICH: Well we can't do that because he doesn't answer our letters~ I can't make him answer my letters. He's probably in Florida, or whereever-- GAIL WICKHAM: My I interject? I'm Mr. Baxter's attorney. I'm not aware of this application. He is rather hard to get ahold of. I would like to know how this affects him. MR. STANKEVICH: It doesn't affect him at all. MR. DOUGLASS: it doesn't. It runs right along side of him. ~S. WICKHAM: What is the subject of this application. MR. DOUGLASS: They are after access, the right-of-way up here to these properties here over what t,hey have deeded. In the deed they have this but this barn encroaches on it and this house encroaches on it. MRS. WICKHAM: But it's adjacent. It's not on -- MR. DOUGLASS: No. But the idea would be if the two of o SOUTHOLD TOWN BOARD OF APPEALS -23- October 11~ 1979 · ~hem got together. MR. GRIGONIS: When was this right-of-way pun in there. Seems to be long before 1955. MR. DOUGLASS: Yes, here it is right here. 1930's. MR. STANKEV1CH: Let me say this also. That, you know, questions are asked well, why don't we try to do something with Mr. Baxter. Other than the communications situation, there's a situation here with, because of the Court Order we h~d to split it, and that led to certain economic require- ments to sell this property, and Mrs. Edson for First Towne have sold it. Now, Mr. Olsen represents the purchaser. You know, the price is stmuck. W~'me really not in a position now and never will be with these purchasers to, you know, get a hold of Mr. Baxter six months down the road and do anything with him because we don't know that we can contact him~ we don't know that he'll be amenable to see anything, and if I w~s him I wouldn't sell anything. Why should he, you know, he's got minimum access. He's not doing anything at the moment. He doesn't know what his future plans are. I can't speak to him. So, we're not in a position to say really, to say, well let's forget about it for the time being because we're going to hurt Mrs. Edson, we're going to hurt Mr. Olsen, we're going to hurt his client who has been renting it for some time who's an architect for one of the leading banks in New York City. What we need and what we are asking you is some help to make a practical resolution of it at this time. I'm sure that some time in the future Mr. Baxter may do some~ thing, and it'll dawn on him that it's cheaper for him to get together with other people to build roads. I'm sure that in our life times, or our children's, that subdivisions will be had in the area, other access will be available. But what we have is a problem that faces us now. MR. TUTHILL: This piece is divided into three lots. MR. DOUGLASS: Right. MR. TUTHILL: Ok, George. MR. STANKEVZCH: That's been divided by the Court. MR. TUTHILL: Right. MR. DOUGLASS: Right. And this comes over, their right- of~way comes over and just touches the second one. And then it's gonna have to c~cdown the side in here. MR. STANKEVICH: We have enough land to do that. MR. DOUGLASS: Yeah. It's gonna have to swing up inside here onto the other property. What does this man (Parr) do then? SOUTHOLD TOWN BOARD OF APPEALS -24- October 11, 1979 M~ STA~V~ Well. I can't speak for Mr. Baxter and certainly not Mr. Parr, you know? The answer is, I've been up to his house. He gets in and out. He's got a house, he's got cars. MR. DOUGLASS: What's he have in his deed. MR. STANKEVICH: I really don't know. Mr. Bokina says nothing. But I'm not his attorney and I'm not going to solve his problems. I'm lucky if I can solve my own problems. MR. DOUGLASS: Ail right. Well, let's see if there is any- body else who has anything they want to say. MR. STANKEVICH: That's yours (title insurance company letter). That's the original. That original title insurance company letter is for your file to certify that there is legal-- MR. TUTHILL: Title. MR. STANKEVICH: Yeah. MR. DOUGLASS: This thing here, you've got-- MR. STANKEVtCH: This is for yours. I'm adding it as an additional exhibit because it's new evidence and, you know, it gives us a clear picture of what is happening and-- MR. DOUGLASS: Well, I have seen this before, and this is what I was talking about, and this is what you were talking to the Attorney on this afternoon. MR. STANK~V~CH: Wha~ we're asking is possibly you could instead of paving the full width, pave it a little narrower. ~f c~urse we wouldn't have to pave it, I guess, until somebody applies for a building permit up here, but knowing that you would be foolish to wait because inflation goes up. There is nothing saved that way. MR. DOUGLASS: Let's see if there is anybody else who wants to speak. Is there anybody else wishing to speak for the appli- cation. Is there anybody wishing to speak against the application? MR. BOKINA: Yes, they have no access-- MR. DOUGLASS: Wait a minute, give your name please. JOHN BOKINA: John Bokina, my family dwns the farm and the property. They have no access to that number three lot; no right-of-way whatsoever. Mr. Parr has no right-of-way whatsoever to his house. Just uses our lot right through. And I've closed it off once a year. Now they put underground lights all to this Raeburn, Murphy, whatever house there, they put it on our prop- erty, they've come across without our permission. It is still there. There's no liability on that farm. You know, if I took SOUTHOLD TO~ BOARD OF APPEALS -25- October 11, 1979 '~ chisel and hooked those lights I could have gotten killed. And nobody would pay me for it. Now as far as the house and the barn, my father when he bought that ~arm he would never have a clear title on that farm unless~he never ~O~ld have never bough% it. So it must have been a clear title off of it. MR. DOUGLASS: Well, now, when you say that they ran lights, are the lights, electric wires run on the right-of-way? MRs. BOKINA: No. Part of the lights is on our property and part of it's on Baxter's. MR. DOUGLASS: Well, there's a discrepancy there because unless it moves from Baxter's right-of'way, does it weave over 16 feet to the east? MR, BOKINA: No, it weaves towards the west on our property. We own the property on the west of it. MR. DOUGLASS: But they have a deeded right-of-way. MR, BOKINA: It don't make any difference. We own the property on the west off the Baxter's 20 foot. MR~ DOUGLASS: They have a deeded right-of-way of 16 feet east of Bax%er's. MR. BOKINA: Right. When they put the lights on, they went on Baxter's 20-foot, and when they come across, we own 5 point something acres, they came across our property. They didn't actually go on Baxter's property. They went on our land that we own. MR. DOUGLASS: Well this is off the subject anyway, but I don't see-- MR. BOKINA: There is no liability now. If.I gott MR. DOUGLASS: Well that doesn't have anything to do with this. MR, BOKINA: If I got hurt or somebody else got hurt, there's going to be trouble. MR. DOUGLASS: That has nothing to do with access. In the deed here, the deed gives them by foot or by vehicle a right- of-way 16 feet wide down your lot, MR. BOKINA: Exactly. MR. DOUGLASS: East Of Baxter's. MR. BOKINA: East of Baxter~s. I agree with that. MR. DOUGLASS: And this cuts into your barn and into your house. SOUTHOLD TOWN BOARD OF APPEALS -26- October 11, 1979 MR. BO~NA~ E~act~, MR. DOUGLASS: And that's in the deed. MR. BOKINA: Right. MR. DOUGLASS: And it goes over so that it goes past the first lot which has the house on .it now, to the second lot that they propose, and then they will have-- when it joins there it has to go up into their lot. We're only interested in going to the end of that so that it joins to that second lot. That's as far as we are interested in going. MR. BOKINA: Right. But they have no legal right-of-way to that other lot. The Parr house. MR. DOUGLASS: Right. They're not arguing that question. They ~ t have any argument on that whatsoever. MR. STANKEVICH: I think the record should reflect that I agree with Mr. Bokina. Unfortunately, I've communicated over the past two months with his mother and attempted with his attorney and finally he came in and saw me today, and that's the first time we were apprised about anything about wires, and I don't him, "Look we'll check it out and certainly move whatever should be moved." This was done six to eight years ago by LILCO and their contractor, some fellow from Aquebogue or further west. But it really doesn't have anything to do with the access. MR. DOUGLASS: Has nothing to do with access. The lights should have been in the access road, that's all. MR. STANKEVICH: Maybeait was Friday night, or Monday morning, and somebody couldn't see straight. I don't know. But I also indicated to him that my client would be happy to sit down with Mrs. Bokina and, you know, for instance buy an additional strech of right-of-way going towards Parr, but he has to discuss this with the family and that may take many months, if ever. So that's why we're going to end up tempora~ rily at least with a job to get to number three lot. I don't think, Mr. Bokina, you really want, you don't care how the road is improved. As far as you're concerned, you don't use it, right? MR. BOKINA: I maintain the road and nobody pays me for it. MR. STANKEVICH: Right. But I mean, you could care less whether we throw stones in there, tar, because you don't use it. MR. BOKINA: What? This 16 foot? MR. STANKEVICH: Yeah. You plow on that 16 foot. MA. BOKINA: I use it. I use it as well as the guy who's SOUTHOLD TOWN BOARD OF APPEALS -27- October 11, 1979 got the right-of-way. But I maintain it and nobody pays me for it. That's my right-of-way. MR. STANKEVICH: But if we paved that right-of-way, that 16 feet, you won't be able to farm on it. Right? MR. BOKINA: I don't farm that. It's a right-of-way. Sixteen foot. MR. STANKEVICH: Well, isn't the road going up to the house now on Baxter's right-of-way. Doesn't it waiver over there? MR. BOKINA: It waves like this, goes back. The other 16-foot is the legal right-of-way, but I maintain it- MR. DOUGLASS: So, as a legal right-of-way it can be improved. MR. STANKEVICH: Yeah. MR. DOUGLASS: What's your opinion (to the other members)f? MR. GRtGONZS: I still don't understand how it happened. John, how old is the house, do you have any idea? MR. BOKINA: How old is the house? I think it's dated back to 1912, 1913. MR. GRIGONIS: It's been up there smnce 1927, 1928. MR. STANKEVICH: I'll have to tell you gentlemen that I was mncredulous when I got this survey. I said, you know, what type of operation Ks this. It looks like a Chinese fire drill. Somebody Ks putting rights-of-way through a house. You know? And we don't want to hurt Mr. Bokina. We don't want to move his house. Let's treat it as a big tree, and I think we have enough space to get around it. MR. TUTHILL: They've probably never had a title policy. MR. STANKEVICH: Things were done on a handshake, more informal-- and so now we've got-- MR. TUTHILL: We get a lot of problems with these old farm roads going up to the Soundfront. MR. DOUGLASS: You see, what's going to happen, what this creates is a spot that may block, and you can't get through, with heavy equipment. The fire equipment. MR. STANKEVICH: I could disagree except to the fact of the word "create." We're not creating anything here tonight because it's been created in 1955 and 1950 by Harold Reeve and the rest of them. 0 SOUTHOLD TOWN BOARD OF APPEALS -28- October 11, 1979 MR. DOUGLASS: grant i%. Right, but we are creating iq as sQ~n aS ~e MR. STANKEVICH: No. You~'re recognizing it exists. In other words, we'rve got the houses up here already, and it'S not going to change it, and I think the other point is that there is plenty of land on the other side of it. I mean the fact of the matter is that right now most of the access is on Bax~ ter's property, to go on the other side of the trees. MR, DOUGLASS: Wait a minute. I've got a picture of it here. MR. STANKEVICH: So, if you wish, you know, you could amend the conditions to say no, this right-of-way should not be fenced on the westerly side so that, you know, so that cars and trucks couldn't be pinned in. Fine. It's not fenced now and never will be. MR. DOUGLASS: You see? There's your right-of-way. And it goes into the house here and goes into the barn. MR. STANKEVICH: Right. MR. DOUGLASS: Now, before I, I will recess this thing and you come back and show us on a true survey what space is going to be allowed left in there. MR. STANKEVICH: Well, you have a true survey in front of you. MR. DOUGLASS: No, you don't; you don't have any footage in there for me. MR. STANKEV~CH: Sure I do. This side is 5.1-- MR. DOUGLASS: Five point one, right, out of 16, that's 11, and there you've got 3.1. Ok. MR. STANKEVICH: And you could specify minimum of 10 feet at the clear, or-- MR. DOUGLASS: That's rough. MR. STANKEVICH: That's why I opened up saying, you know, I'm not here demanding, I'm saying we've got a problem. My client didn,t create it, but we all have to work together to some degree and solve it. MR. DOUGLASS: Well this is going to have to be improved by our standards. MR. DOYEN: I don't know of any instance where we have granted access~with a 3~foot tree or a~y~hing else. MR. STANKEVICH: Say there was a valuable oak tree, would you cut it down? SOUTHOLD TOWN BOARD OF APPEALS -29- October llr 1979 MR. DOUGLASS: Yes. You've get that right here. You haven't 10 foot between that house and those MR. STANKEVICH: You know, we think we do and if we have to, you know, we'll cut the trees down. The point is how are we going to work together and make a solution out of this. We don't want to hurt Mrs. Bokina. We don't want to hurt Mrs. Edson. We don't want to hurt Mr. Stankevich. We don't want to hurt yourselves. ~.We_~don't wan~ to hurt the Town, but we, I think, it's pretty-- you know, I'm not in here trying to slip by and sayf "Hey~ we want to make money." MR. DOYEN: If you can work with him and he wants to give you another right-of-way over his land to get here, that is if he owns the land, other than that I don't know how he can-- MR. STANKEVICH: Well, he doesn't want, I've asked, he doesn't want to talk to us, and I can't be bothered- MR. DOYEN: I'm talking about the owner of this property, unless he gives you a way around his house. And other than that we've never granted; 1 don~t know if we're allowed to grant it. MR. STANKEVICH: Maybe you better talk to your attorney. MR. TUTHILL: We did, and he said no. MK. DOYEN: He said no. He said no~w~y, had to have it clear. MR. DOUGLASS: He said no. You talked to him. MR. STANKEVICH: Yeah, but he didn't say that to me. MR. DOUGLASS: He did to us. Would you come up here please, Mr. Bokina? Would you consider letting them in through a differ- ent spot in your land around to here so that it doesn't affect your house and stuff, to get them away from your, from against your house. There's no way around the east side of you, the east side of your house? MR. BOKINA: I've got irrigation wa~er and stuff there. How are they going to go across that? MR. DOUGLASS: I don~t know. I'm asking you. MR. TUTHILL: In other words, go around back of the farm. MR. DOUGLASS: To go around in back of this barn you see, rather than go up through here. MR. BOKINA: Oh, they probably could. MR. DOUGLASS: Because this is, if they have a right-of-way now over this and they can go charging up through there now, and hJ o SOUTHOLD TOWN BOARD OF APPEALS -30- October 11, 1979 you step out of your mother's, if your mother steps out like she came out to see me the other day out of this door, a~d somebody's coming zapping through here with a car, she hasn't a prayer; where if your mother would consent to a way around this, around the back of the barn and wri~S this one out. MR. BOKINA: Well how did my father get clear title to buying something like this where-- MR. DOUGLASS: It was probably done a handshakeYback in those days. Or there wasn't any title search. MR. TUTH1LL: You haven't got a title policy, have you? MR. BOKINA: Yes, 1 believe we do. MR. TUTHILL: You sure of the title? MR. BOKINA: I don't know. I'll make sure. You knowf I'll have to make sure. MR. DOUGLASS: Right. It was probably done on a handshake, nobody even figured this. Back then they used to go by this tree, and that post and stuff rather than a survey. MR. BOKINA: Oh I think I can get a deed back to 1913. MR. DOUGLASS: Ail right. MR. BOKtNA: Where Mr. John ~rum owned it and Russell Jones sold it to my father. MR. DOUGLASS: I'll tell you what I would like. I would like to recess this till November 15th and have you check with your mother and your brother and see if you can come up with a logical solution around this way to get this thing out of your yard, write this thing off. MR. BOKINA: Well I'm gonna tell you something. You know, this has nothing to do with what he's talking about, whatever you're talking about. Now he put the underground lights. Now, Mrs. Raeburn, whatever, owns that house up here-- MR. DOUGLASS: Yeah, I've got it. Right up here around this corner. MR. BOKINA: So, they went and put underground lights to them two lots and gave Mr. Parr lights. MR. DOUGLASS: Oh, well, this has nothing to do with this. We know- MR. BOKINA: But if I went and bought this piece of prop- erty from this man, I don't want anybody else's lights on my property. SOUTHOLD TOWN BOARD OF APPEALS -31- October 11, 1979 MR. DOUGLASS: That has-- if L~LCO did something like that, %hat's LILCO's problem. MR. BOKINA: No, LILCO didn't do ito It was private. MR. DOUGLASS: You see, we only come to here. We're only interested in right to here. Then it's going up into this property, the access. And this is the only thing we are inter- ested in this application. I, for one, am not going ~o grant an access that's going to be in your barn and part of your house. I feel that you should-- MR. BOKINA: How much right-of-way do you need? MR. DOUGLASS: Sixteen foot. MR. BOKINA: Exactly. MR. DOUGLASS: Sixteen foot. That's all. So I'll-- MR. STANKEVICH: I think the record should reflect, and I think before you make the decision, check with Mr. Tasker, that the Town Law says 15 feet is presumptive good access, and that means that nobody, you know, can argue with 15 foot I think there are many cases that say sometimes 10 would be sufficient. MR, DOUGLASS: We only require 15 foot, the Zoning Board only requires 15 foot. MR. STANKE~ICH: Right. MR. DOUG.~SS: But in your deed it says 16 and -- MR. STANKEVICH: It says 16. MR. DOUGLASS: And it says 16 on up here, and you're going to give him back 16 here if he comes around here and let's you go around the back of this barn. MR. STANKEVICH~ Well, if he would agree to do that tonight fine. I'd be very ~ MR. DOUGLASS: Well he has to go back to his mother~and his brother. MR. STANKE~VICH: But our problem is simply this. That we are stuck with a problem that was created in the '50's, right? And Mr. Olson has a client that has contracted to buy, you know, and there are certain obligations that have to be fulfilled, ~.ithin time standards. Now I've been, you know, it's just been impossible to say Mrs. Bokina is going to come back in one day, tw~ weeks, or ten years. What if she doesn't? MR. D~UGLASS: Well, then we'll meet that head on, but right now~? SOUTHOLD TOWN BOARD OF APPEALS -32- October llr 1979 MR. STANKEVICH: Well, we're asking you to meet that head on tonight. MR. DOUGLASS: Nor I'm not going to. I'm going ~o recess it till the 15th of November and give you time to go back to your mother and brothers and see if they will agree to a way around your property there so that this thing does not have to be hard against your porch windows and through the middle of your barn. MR. BOKINA: Suppose we have a clear title on that. Suppose we have a clear title on the house and barn on that right~of-way. MR. STANKEWICH: So I ask maybe one indulgence that in due respect to the broker and buyer and their attorney, could we have a special meeting before then to get this thing since it is unusual, la%er this month? For instance, we have a Planning Board meeting coming up, right? Well, you know, it's chicken and egg. They don't want to move until you move, and -- MR. DOUGLASS: No, I think we'll hold it for our regular meeting. MR. STANKEVICH: This is going to hurt. It may drop the sale, you know? I know it's not, that's a factor to consider. I'm not worried about my fee but I'm worried about principles involved. MR. TUTHILL: Well it's better to rece.ss this than to deny it because MR. STANKEVICH: Well, I don't think it's necessary to deny it. MR. TUTHILL: You could grant it if it was clear and if it was improved, subject to the improvements that we =~ . ~MR. DOYEN: ~e can ~ecess it and reschedule~but we can't d~anyth~ng tonight. MR. TUTHILL: That's what I say, I don't want to deny it. MR. STANKEVICH: But l~think if you check your records, you've probably never denied a 280-A. MR. DOUGLASS: ~e can deny.it because of the grounds, or we can grant it subject to their removing the obstacles that are in that access. But I'm not going to pin it down to that. MR. DOYEN: Sure, if we grant it, it means they've got to demolish it. MR. STANKEVICH: I don't think, I think you ought to check your records, I don[t~.think you've ever denied a 280-A. MR. DOYEN: That's why we'll ask for the 15th, because we've never done it~ and that was the advice of the Attorney this afternoon. SOUTHOLD TOWN BOARD OF APPEALS -33- October 11, 1979 MR. DOUGLASS: I, we will make a motion that this be recessed till November 15, 1979 so that Mr. Bokina can go back to his family and see if there can be a reasonable adjustment made in the right-of-way so that it will not go through his buildings. MR. STANKEVICH: Thank you, gentlemen. You can keep that. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, Appeal ~2609, be RECESSED until the November 15, 1979 meeting of this Board. Vote of the Board: Ayes: Tuthil! and Doyen. Messrs. Douglass, Grigonis, PUBLIC HEARING: Appeal ~2618. Upon application of Ronald J. Edeen, Main Road, East Marion, New York (Rudolph H. Bruer, Esq.) for a Variance to tha Zoning Ordinance, Article iii, Section 100-31 for permission to subdivide property with insufficient area and width. Location of property: Main Road, East Marion, New York; bounded north by Reybine, south by Main Road, west by Limouze, east by Dam Pond. The Acting Chairman opened the hearing at 9:59 P.M. It was requested by Rudolph H. Bruer, Esq., agent for the applicants that this application be withdrawn without prejudice to renew it at a future time. No formal hearing was held. ~. DOUGLASS: Thank you, sir, except that this application is granted to be withdrawn without prejudice at any future time that it may come back. On motion made by Mr. Douglass, seconded by Mro Grigonis, it was RESOLVED, that the application of RONALD J. EDEEN, Appeal 92618, be WITHDRAWN WITHOUT PREJUDICE. Vote of the Board: Ayes: Tuthill and Doyen. Messrs. Douglass, Grigonis, PUBLIC HEARING: Appeal ~2617. Upon application of VINCENT and CATHERINE ACUNTO, 35 Glenrich Drive, St. James, New York (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insufficient frontyard setback. Location of property: Gagen's Landing Road and Clearview Avenue, South- old, New York; bounded north by Clearview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lademann and Delyanls. o SOUTHOLD TOWN BOARD OF APPEALS -34- October 11, 1979 The Acting Chairman opened the hearing at 10:00 P.M. by reading the application for a variance, reading the legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made to John A. Gagen; fee paid $15.00. MR. DOUGLASS: I have a part of the County tax map which shows this lot on Clearview Avenue and Gagen's Landing Road. I also have a copy of the survey. Is there anyone wishing to speak for this application? RUDOLPH BRUER: Rudolph Bruer for the applicant. Gentle- men, ~sically what happened here is my client entered into a contract to purchase this property. The Contract, the des- cription of which was one that was basically north by Clear- view, west by ~agen's Landing, east by Gagen, and south by Goose Creek, it was upon, the time he entered into the con- tract he thought he was purchasing a piece of property of approximately 119 feet in width along with a 119 feet of waterfront. It was only after the survey came forth that he learned about .the ~ze of the property, and it's based upon that he always had in mind to retire out here and to build a house, and the house he has in mind happens to be 55 feet wide. He wants to be able to sit it on the property and be able to look out at the water which is the logic&t place to put it. Because this is a~ cor~er lot and its size and the width of the lot, he would be required to have on Gagen's Landing Road a 35-foot setback, or a 40-foot wide house. My clients request that he be able to have a 55-fo6t Wi~house, and ask the Board under the circumstances the nature of the beast here, sort of speak, the lot that was created many many years ago, with the division of property prior to zoning, that the application be granted. This is not a filed map, it is something that has been cut up here and there throughout the years. MR. DOUGLASS: These two lots were granted by the Board of Appeals on May 9, 1957. MR. BRUER: Right, just about zoning. MR. DOUGLASS: At the start of Zoning. MR. BRUER: Right. MR. TUTHILL: You might be able to have a house that wide if you-- MR. BRUER: I mean, back at that time you only required a quarter of an acre for a lot. And this was certainly much more than was necessary at that time; however, it doesn't come up to standards today. Obviously, which is why we are here and we are asking for the variance. MR. DOUGLASS: Ail right, is there anything else? SOUTHOLD TOWN BOARD OF APPEALS -35- October 11, 1979 MR. BRUER: No, that's it. Thank you. MR. DOUGLASS: Ail right. Is there anyone else wishing to speak for this application? Is anybody wishing to speak against this application? In all due respect to Mr. Bruer's appeal, we checked, and these lots were set up on May 9, 1957 by the Zoning Board of Appeals on special exception back then, on a variance back then, because back then they required a 100-feet, 125 feet of frontage, and so they were se~ up way back there. We have another lot adjoining this one that's identical in width but is not a corner lot, so it is definitely going to be influenced by what happens on this lot. We felt after Checking it over that there is not sufficient hardship in the amount of land that he has to, that he has to establish this type of setback;if he changes his swing of his house or his style of his house, he will be able to get the setback that he needs. And under those circumstances, if anybody would care to make a motion that it be disallowed with the suggestion that he change the position of his house. MR. TUTHILL: Well, I can slrarphathize with the man. Think- ing he bought one thing and getting something else, I guess that could have been prevented but he wound up with it, and it seems to me he's got to tailor his house to the lot rather than try to tailor lot to the house, and I'll have to move that it he-disallowed. After investigation and inspection, the Board finds tha~ the applicant ms requesting a variance for insufficient front- yard setback of 20 feet. This seems impractical due to the reason that a house of the same proposed size could be built on this parcel without requiring a variance. The 20-foot set- back would not be within the pattern established within the neighborhood. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hard- ship; the hardship created is not unique and would not be shared by all the properties alike in the immediate vicinity of the property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Douglass, it was RESOLVED, that VINCENT and CATHERINE ACUNTO, 35 Glenrich Drive, St. James, New York, (Rudolph H. Bruer, Esq.) be DENIED WITHOUT PREJUDICE a Variance to the Zoning Ordinance, Article III, Section 100~31 for permission to construct dwelling with insufficient frontyard setback. Location of property: Gagen's Landing Road & Clearview Avenue, Southold, New York; bounded north by Clearview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lademann and Delyanis. Vote of the Board: Ayes: Tuthitl and Doyen. Messrs. Douglass, Grigonis, SOUTHOLD TOWN BOARD OF APPEALS -36- October 1i, 1979 PUBLIC HEARING: Appeal ~2616. Upon application of STUART F. DUBON, 293 Randall Avenue, Freeport, New York, (Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III~ Section 100-31 for permission to construct a dwelling with insufficient sideyard. Location of property: Southern Cross Road (or SQuth Cross Road), Cutchogue, New York; bounded north by South Cross Road, south by Hunt, Gurican, Militor west by Moon, east by Wolber. The Acting Chairman opened the hearing at 10:10 P.M. by read- ing tho application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining owners was made to Mr. and Mrs. Alfred Wolber, John Hunt, Jerry Gurican~ Comillo and Frances Milito, Inez Moon; fee paid $15.00. MR. DOUGLASS: I have a copy of the County Tax Map showing this and the surrounding properties, and a copy of a map showing the property and proposed house. Is there anyone wishing to speak for this application? GARY FLANNER OLSON: I am the attorney for the applicants having my office at Main Road, Mattituck. Basically what this boils down to we're short 2.3 feet on our sideyards. We'ro supposed to have a total of 26.3, and we only have 24 to build the kind of house that we have designed. Mr. and Mrs. Dubon when they bought this proporty in 1975 went to the Building ~epartment and apparently came away with the impression that they would have no problem constructing a house on this prop- erty up to 70 feet wide. So when they started looking for houses to put up they kept that in mind and the house that they selected is 66 feet, which is~2.3 feet wider than the Town will permit without going through this variance procedure. They have con- tracted Norman Reilley, a builder in Mattituck to build a house and they have submitted their building plans for specifications to the Southold Savings Bank and their building loan has been approved, and when they went, when the builder went to get the building permit at that point for the first time realized that they had this problem. I know you had gone up to the site as I have. It's a wooded piece of property. The house immedi- ately to the east~has its driveway running along the boundary between the Dubon parcel and the Wolber piece, and so in effect that really does separate the Wolber house even further from Dubon. I think the spirit of the Ordinance would be met by granting of the variance. You're not reducing the sideyards by very much. It's only a foot on one side and basically a foot point three feet, 3 inches, on the other side. It a wooded piece of property and Mr. and Mrs. Dubon have indi- cated to me tonight that it is their intention to keep as many trees as possible, so it'll help preserve the privacy. think the purpose of the Ordinancs is to have a little breath- ing space between houses, so people have some elbow room. But I can't see that the granting of the variance, ~ do have the right to vary the strict rules if you feel it's in the best of the community, and I don't think that granting of the variance would substantially detract from the community. I think the SOUTHOLD TO~q BOARD OF APPEALS -37- October 11, 1979 house that's going to go up will be a real-asset to the community, and there are all kinds of houses on that street, there are some relatively new ones which are attrative and then there are some older summer-type homes, but the house that my clients will be building will be a yearround house and will be Cape Code in style and should be a real asset to the neighborhood. I don't have any other comments unless you have some questions. MR. TUTHILL: When you say 26.3 inches, that's including 20% which the Building Inspector gives-- MR. OLSEN: The Building Inspector said that he could approve a house that had a width that would leave 26'3" total ~deyards using their formula, I don't know how he arrives at it, but that's just- MR. TUTHILL: I just wouldn't want anybody in the audience for example to think that our sideyards were 26, it's 35- MR. OLSEN: No. This is a narrow piece of property. It's an older described piece metes and bounds description, it's only 90 feet wide. So we're dealing with a lot that's by today's standards a narrow lot, and as I stated the reason we got into this situation was because there had been some indication that the Dubons could build a 70-feet wide on this piece without having a problem. It would be a practical dif- ficulty and a hardship for them if the variance were not granted. MR. DOUGLASS: The Zoning requires 35 feet, 15 feet and 20 feet. Fifteen on one side and 20 on the other. That's what the Zoning requires. The Building Inspector is allowed to decrease the sideyard area by 20% automatically on nonconforming lots. But the Zoning Ordinance is 15 and 20. MR. OLSEN: I appreciate that. MR. DOUGLASS: Not to 26, like Terry says, that you're talking about. Is there anybody in the audience that wishes to speak against this application? (THERE WAS NO RESPONSE.) MR, DOUGLASS: In inspecting this, we went all along that road, and aslyou say there are some pretty nice homes there. And all of them along there that are built have existing more sideyard than this is requesting. Up and down the stre~i~i ~here~s still going to be another lot up above you, abo~e!your piece in the woods, right? MR. OLSEN: To the west there's a vacant lot. Yes. MR. DOUGLASS: There's another vacant one up there. And t~ sta~ in cQnfor,mitY with these other houses that are along there, it was~Qur feeling that at the time that you could maybe do something with your house to bring it back to that 26,3 so that you don't need the sideyard variance. o CD 0 SOUTHOLD TOWN BOARD OF APPEALS' -38- October 11, 1979 ' ' MR, Q~: ~ thinx they have discussed that with the builder, and Mr. Dubon is here, he might have some thoughts. MR. DUBON: The only thing I could say is that in build- lng a house you go through a lot of problems in the specifica- tions, looking for plans which I've taken a number of years to do, and I've finally arrived at something we can afford and we like, and it isn't really that much bigger than what it should be. And there isn't anybody here tonight to oppose this, other than it is not in accordance with the Zoning. MR. DOUGLASS: Well, we have no do what is best for a community area, and at the present time up there, there is, you see, you are already getting a cut down from 35 feet to 26 foot, automatically, with the Building Department. MR. DUBON: Well, do you get a 35 feet when you have a 100-foot frontage, or is that- MR. DOUGLASS: Anything. That's the Zoning Law. But he is allowed to cut it down, you see, on a sub-standard lot by 20%, which he has done for you. Now you're asking to go lower than that and park yourself tighter yet to the thing. MR. TUTHILL: How much of a difference zs he asking? MR. DOUGLASS: He~s looking for another 1-1/2, a little better than 2 foot, 2-1/2. MR. OLSEN: We would agree to keep the trees on the side- yard if that would help any. MR. DOUGLASS: Well, I know, I know he's going to do that anyway. He's not going to destroy them, because then he defaces his property. MR. OLSEN: And with the driveway immediately to the east running right along the edge of the property, it does- MR. DOUGLASS: But that man has a lot of distance between his house and your property, that property you're talking about. MR. OLSEN: No, he has the house plus the driveway which, I mean, it does- MR. DOUGLASS: Where are you going with a driveway? MR. DUBON: On that same side. MR. OLSEN: It'll be on the same side. MR. DOUGLASS: Which is -- MR. DUBON: On the east side. MR. OLSEN: That would be the 10-foot side. $OUTHOLD TOWN BOARD OF APPEALS -39- October 11~ 1979 MR. DOUGLASS: On the 10-foot side, you're going through a 10-foot space with a driveway. MR. OLSEN: No. The house will be 10 feet away running straight up like this to the house. The garage could be here. MR. DOUGLASS: It's part of it. MR. OLSEN: That's right. The driveway wouldn't be closer than ten feet from the property line. What I~m saying is that- MR. DOUGLASS: You don'~ have a picture of the house, or a drawing of the house here. MR. OLSEN: No we don't. MR. DUBON: It's a Cape Code with an attached garage. Looking at it from the front the garage is on the left side. MR. DOUGLASS: Do you have to attach the garage? Could you put it out back? MR. DUBON: It takes away from the aesthetic view from~the house. It really does. I don't know if I want to do that. MR. DOUGLASS: I know that you don't want to. Can you to conform? There doesn't appear to be reasoning enough to grant it. MR. DUBON: Not actually because behind the garage itself is a small auxiliary laundry room, which is an entrance from the house itself. So if the garage is detached then the laundry room is going to be in the backyard. MK. DOUGLASS: Do you have anything to comment on? MR. GRIGONIS: I don't know. Where it's in the woods-- MR. DOUGLASS: Well they are already getting from 35 down to 26. Automatically. MR. GRIGONIS: Looking from the road I couldn't tell if it was 26 or 24, that's what I'm getting at. I~R. DUBON: I have the feeling also that the fact~that nobody is here to object to this and because of the fact that I'm a 15-year member of that community anyway as a summer resident, where I had just sold my summer bungalow to build this house in anticipation that this would be approved. MR. TUTHILL: The fact that there's no objection doesn't mean it -~ MR. DUBON: Yeah, but I'm thinking of the neighbors and what they feel in terms of -- SOUTHOLD TO~N BOARD OF APPEALS -40- October 11, 1979 MR. TUTHILL: Well since this is very similar to the one before this that we denied, I'll have to make the same comment. I'm~.not gOing to make a motion at this ~time, but it's my feeling that a house has to be tailored to fit a lot and not vice versa, to tailor a lot to fit the house. And if we hold tight to that, why Mr. Reilly will have to decrease the size of one room or one end of it by two feet three inches. I[think Charlie agrees with me too, but I will tell you what we did on the one before this, because it involves a little bit more in the way of variable distances. Especially since there is a vacant lot next to it, well they might just as well say, "Look at Dubon. He'S only got 24 feet, or whatever, and why can't I have it." MR. OLSEN: Well, as you indicated before the Building Inspector has given a leeway of which is being done. I can't see where it's going to make that much difference one way or the other, but we'll leave the trees up and there are some extenuating circumstances and that apparently there had been some indication that the house could be as wide as 70 feet. Now whether it was well-founded or not, I don't know. But we do have our Building Loan all approved by the Bank based on these plans and so on and Mr. Reilly is ready to start, what, next month? MR. DOUGLASS: They'll approve this a little narrower, too. They won't change the building loan for that. MR, OLSEN: I think the size of the rooms really have been scaled down to about as small as they can and still be livable. MR. DOUGLASS: Well I don't have that plan to see. MR. OLSEN: That's what the bank has, I guess. MR. TUTHILL: Well, there's Mr. Reilly right there. He can answer-- MR. OLSEN: I know Mr. Reilly and Mr. Dubon have gone over this together and if we felt we could do it we wouldn't be here. I guess that's the point. MR. DOUGLASS: I personally am of the opinion that you should go to where the Building Inspector can allow you and stay there. This is my feeling, rather than set a precedent along there where all the other houses have noon-much more width. MR. OLSEN: Well I don't know whether that's actually the fact or not, because the only way you could determine it is by having accurate surveys by a licensed surveyor on each. -~ MR~ DOUGLASS: I went to each piece and measured, so I know where they are. I also have pictures of them. I'll make a motion to the fact that it SOUTHOLD TOWN BOARD OF APPEALS -41- October 11~ 1979 %/¸ 's~ay w~here the Building Inspector can allow it and the house be adjusted to it, or whatever, if anybody wants to second it, if they don't-- MR. OLSEN: If I may, if the Board is going to pass a negative decision, I would like to withdraw the application. MR. DOUGLASS: Oh, you can, without prejudice. That's no problem. MR. TUTHILL: See what you can work out. MR. OLSEN: Well, at this point we'll withdraw without prejudice. MR. DOUGLASS: And then if, see what you come up with it. You can always come back if there is-- But sit down and see, he's granting you from 35 down to 26 already, automatically, which he is allowed to do on this lot. MR. OLSEN: On his, with his discretionary power, and for anything else we have to come to you. You do have the power to grant the variance if you feel it's nom going to substantially change the character of the neighborhood, which I don't think it will, but that's-- MR. DOUGLASS: Well, they all have much more land than that now, and like the man before, why he going to have to turn his house a complete swing, and then he can conform, you see? MR. OLSEN: Well, I didn't hear the prior. MR. DOUGLASS: Well, the lot is there and the house should conform to the lot rather than the lot to the house. There are extenuating circumstances, I'll grant you that, but there doesn't appear to be that much hardship here. MR. OLSEN: Well, at this time we will withdraw it without prejudice. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of STUART F. DUBQN, Appeal ~2616, be WITHDRAWN WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. PUBLIC HEARING: Appeal ~2615. Upon application of MAT- TITUCK HOLDING CO., Mill Road, Mattituck, New York for a Special Exception to the Zoning Ordinance, Article VIII, Sec- tion 100-80(b) (15) for permission to construct a boat storage SOUTHOLD TOWN BOARD OF APPEALS -42- October 11, 1979 shed. Location of property: West Mill Road, Mattituck, New York; bounded north by Holmes & Killian, south by Foudy, Ziegler & McGunnigle, west by Leo Grande and Inlet Lodge Inc., east by Mattituck Creek. The Acting Chairman opened the hearing at 10:35 P.M. by reading the application for a Special Exception, legal notice of hearing, affidavit attesting to its publication in the Suffolk Weekly Times, the official newspaper, Notice of Dis- approval from the Building Inspector, and letter from the Town Clerk that notification had been given to: Agnes McGunnigle, Inlet Lodge, Joseph Leo Grande, Mr. and Mrs. William Killian, Louis Ziegler, J.R. Holmes, and Mr. Robert Foudy; fee paid $15.00. Notice is hereby made that the legal notice as published in the Long Island Traveler Watchman was published incorrectly. However, the Acting Chairman will hear any and all comments relating to this application. MR. DOUGLASS: This will have to be recessed for two reasons. One that it was published wrong in one paper, and two, we will have to request of the Holding Company a parking-space plan if this is granted in the position, we have to have a parking-space plan. However, I will take testimony for and against this ap- plication, so that those of you who are here for it will not have to return unless desired at another time. So at this point, if there is somebody who would like to speak for this application, why we take the testimony on that. WILLIAM BOSCOLA: Mr. Chairman, my name is William Boscola. There will be no parking down at that end; the employees all park up at the north end of the property. MR. DOUGLASS: Yes, that's quite all right, but you have customers in there that are not employees. MR. BOSCOLA: No. As I say, there is no parking down at that end. We stay up at the other end. MR. DOUGLASS: We must have a parking plan for the general area along there to show how the whole situation is going to be affected by it, from you so that we can determine from there on the positioning of the building. This is a request, it is something that we need. MR. BOSCOLA: You need it for the other buildings, is that what you want? MR. DOUGLASS: Yes, so that we know how this building is going to affect the area that you're using for parking. MR. BOSCOLA: It will not affect it at all. MR. DOUGLASS: Well, we need a plan, a parking plan for it. For the whole thing. MR. BOSCOLA: Ail right. You see, I did check about that, o SOUTHOLD TO~ BOARD OF APPEALS ~43- October 11, 1979 and they told me that I didn't need it. MR. DOUGLASS: Well, we had a meeting-- MR. BOSCOLA: Because I could have easily had it-- MR. DOUGLASS: Well, I don't know who told you you didn't need it. It wasn't any of us. But we require and we need it to determine positioning of the building. We'll set it for the November 15th meeting so that you can bring it in and we can act on it at that time. MR~ BOSCOLA: Would that be the earliest, Mr. Chairman? MR. DOUGLASS: That's the earliest meeting. MR. BOSCOLA: The weather is really breathinq down our backs. MR. DOUGLASS: That's our next meeting, yes. That's the next meeting of the Appeals Board. MR. BOSCOLA: But the parking is the only problem then, Mr. Chairman? MR. DOUGLASS: Yes. That's what we want so that we can determine the positioning of the building. MR. BOSCOLA: Is there anyway I can draw it in right now? MR. DOUGLASS: No, it'll have to be on a sketched, take one of your plans and sketch it in because there's so much area required for each car, required to zoning. MR. BOSCOLA: But this is strictly boat storage, as I say, there will be no automobiles down there. MR. DOUGLASS: I understand that, down there. But we want this for your total area there to see how the elimination of that ground is going to affect the total area. MR. BOSCOLA: Ok. MR. DOUGLASS: Is there anybody else wishing to speak for the application? Is there anybody wishing to speak against this application? ABIGAIL WICKHkM: Gentlemen, my name is Abigail Wickham of Mattituck. I represent Robert Foudy who is the adjoining owner to the south of this property. He owns lot "0" on the map in front of you. He has a number of reservations to this proposed building, and a number of questions about it that I would like to address to Mr. Boscola. What we would have here would be an expansion of the commercial enterprise which is in predominantly residential area. It is zoned "C Light Industrial" but I believe the history of this property was that it was a nonconforming use originally, it started out with the Naugles SOUTHOLD T©.JN BOARD OF APPEALS -44- October 11, 1979 '~hipyard as a smaller piece and it was eventually a piece of property a larger piece from the Barker Estate was acquired, and which was just vacant wooded land and has expanded from that, from there. Now, gentlemen, when you're talking about a nonconforming use, even ~nough this has been ligitimized by zoning change, your general idea is that it is something that's been going on for some time in a different type of district, here a residential district, and therefore you do permit it to continue when the zoning code goes into effect, but you try to limit it. You let it exist as it is going on, but you don't let it change the use or expand it, and what we're doing here is really, it would be permitting an expan- sion of the commercial enterprise. Now the main problem that that creates for Mr. Foudy, my client, are three things. One is that we're concerned with the additional lights from this area. I understand they have already obtained Planning Board Site-Plan approval based on a number of factors in the' submitted sketch. There would be a number of lights. There are already lights on the other building and in the night time there would be quite a glare from additional lights. Now if the Board does go along and permit the building in spite of the objections, we:would like at least a condition that the lights be directed downward. I've spoken to Mr. Boscola about that. He said that's no problem. I'd also like some- thing to condition on them being shielded, because there would be quite a bit of glare particularly with the water there. The other concern is one of noise. Because you're golng to have boats going in and out. I might be able to take care of that if I could ask a question as to where the door f~r the entry way to~this building would be. MR. BOSCOLA: It would be on the north end, away from the Foudy property. MRS. WICKHAM: And there's going to be no -- MR. BOSCOLA: We're going to put the passage door on the south door. MRS. WICKHAM: What do you mean by the passage door? MR. BOSCOLA: A small door strictly for safety. An escape door. MRS. WICKHAM: What about on the east along-- MR. BOSCOLA: There are no doors. MRS. WICKHAM: No doors. Ok. That at least minimizes the noise. I just had that question. The other thing he is really concerned about is the environmental impact on the marsh here. They are right in front of this proposed build- ing location, there is unimproved marshland. It's just in its natural state. Apparently it's been there for years and years. Natural tendency when you improve a piece of property like this is to then go and perhaps bulkhead and dredge it and what not, and we would like an inquiry. Again I spoke i 0 SOUTHOLD TOWN BOARD OF APPEALS -45- October 11, 1979 to Mr. Boscola ' toda~ i and he indicated he had no intentions of improving or dredging or bulkheading or whatever, but we would like at least some assurances from him on the record that this would not be done and perhaps conditions imposed. MR. TUTHILL: The Trustees would handle that. MRS. WICKHAM: I think he would have to go through environ- mental procedures in any e~ent, but-- MR. DOUGLASS: He would have to go through that and he ~ould have to go through the Trustees and everything. MRS. WICKHAM: Yeah, I realize that. But still the possibi- lity would exist that he could be issued the permit. MR. BOSCOLA: I have the environmental, would you like it? MR. DOUGLASS: Yes, we should have it for our records. Mr. Boscola submitted Tidal Wetlands Notification Approval letter addressed to Mattituck Holding Co. dated October 9, 1979 which reads as follows: Dear Sir, This is to inform you that we have reviewed the notification letter (or permit application) filed on 10/1, 1979 and have determined that it will not be neces- sar~ to file a permit application (or secure a tidal wet- ~ands permit) to construct a 310' x 60' boat storage building as per plans submitted to Department of Environ- mental Conservation. Assuming you have obtained all other necessary permits, you may proceed with your project adhering to the special conditions, if any, found on this letter. "Struc- ture to be 90J linear feet from landward edge of tidal marsh. Signed by Daniel J. Larkin Regional Permit Administrator Date Issued 10/9/79 Exp. Date 12/31/80 MR. TUTHILL: How far is your client's property from- MRS. WICKHAM: His property ms shown on that map there, it is Lot "0'J Well on that map it would be numbe~ 25. MR. DOUGLASS: It adjoins it. It abuts it. MRS. WICKH~: Now, there is another lot there number 24 which is owned by Mattituck Holding. Now I understand that's residentially owned. MR. DOUGLASS: It's outside of the C-1. MRS. WICKH~: Has that property been sold or is it being sold? SOUTHOLD TO~N BOARD OF APPEALS -46- October 11, 1979 MR, AQSCOLA: wants to buy it. It,s in the process. We have someone that MRS. WICKHAM:z Have you got a contract on it? MR. BOSCOLA: Not yet. MRS. WICKHAM: Is it to someone for the purposes of build- ing a residence? MR. BOSCOLA: He's going to build a house there, right. As I, discussed with Mr, Foudy, certainly you kno~· it would not hurt him because someone is going to build a house between he and us. MRS. WICKHAM: But those are the major concerns that we have~ MR. DOUGLASS: Right. Well thank you, ma'am. Is there anyone else wishing to make any statement on this? If not, I'll make a motion that it be recessed until it has to be republished, and Mr. Boscola will bring in the parking arrange- ments for his establishment~ and we will take it up again, we will set it for November 15th, our next meeting. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED-, that the matter of the application of MATTITUCK HOLDING CO., Appeal $2615, be RECESSED till the November 15th, 1979 hearing of this Board due To the reason that there was an error in the publication of the legal notice in one of the local newspapers and request for a parking-space plan. VOte of the Board~ Ayes: Tuthitl and Doyen. Messrs~ Douglass, Grigonis~ PUBLIC HEARING: Appeal No. 2613. Upon application of KIWANIS CLUB OF SOUTHOLD, Box 150, Peconic, New York, for a Special Exception to the Zoning Ordinance, Article III, Sec~ tion 100-30B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. The Acting Chairman opened the hearing at 11:00 P.M. by reading the application for a Special Exception, legal notice of hearing, affidavit attesting to its publication in the Suffolk Weekly Times, the official newspaper, Notice of Dis~ approval from the Building Inspector, and letter from the Town Clerk that notification has been given to: Henry A. Goldsmith~ fee paid $15.00. Notice is hereby made that the legal notice as published SOUTHOLD TOWN BOARD OF APPEALS -47- October 11, 1979 mn the Long Island Traveler Watchman was published incorrectly, However, the Acting Chairman will hear any and all comments relating to this application. MR. DOUGLASS: We have a copy of the County Tax Map showing this and the surrounding properties and a sketch showing the position that they desire to set the Old Schoolhouse. Is there anyone wishing to speak for this application? ROBERT ADIPIETRO: My name is Robert Adipietro for the Kiwanis Club and I was responsible for drawing up the sketches as submitted in the applications. And what we're basically trying to do is move the Schoolhouse back ~o the Park where it was originally located as a Community Project and restore it at the site. MR. DOUGLASS: Right, that's the one that's up the street a little way there in back of- MR. ADI?IETRO: Main Road, Peconic. MR. DOUGLASS: Ok, thank you. Is there anybody else wishing to speak for this application? Is there anybody wishing to speak against it? (THERE WAS NO RESPONSE.) MR. DOUGLASS: This will also have to be recessed until the November 15, 1979 meeting because it will have to be republished again; it was mis-published. MR. ADIPIETRO: Is that for both of them? MR. DOUGLASS: Just this one. This is the Special Exception for moving it back onto the property over there. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of KIWANIS CLUB OF SOUTHOLD, Appeal $2613, for a Special Exception for permission to place building for charity use in a residential district, be RECESSED until the November 15, 1979 meeting of this Board after proper publication in both local newspapers. Vote of the Board: Ayes: onis and Doyen. Messrs. Douglass, Tuthill, Grig- PUBLIC HEARING: Appeal No. 2612. Upon application of KIWANIS CLUB OF SOUTHOLD, Box 150, Peconic, New York, for a Variance ~o the Zoning Ordinance, Article III, Section 100-30B2, for permission to place building for charity use With insuffi- cient frontyard setback. Location of property: Lower Road and Route 25, Southold, New York; bounded north by Lower Road, south z o SOUTHOLD TOWN BOARD OF APPEALS -48- October 11, 1979 'Ly Route 25, west by Route 25, east by Goldsmith. The Acting Chairman opened the hearing at 11:09 P..M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made to: Henry A. Goldsmith; fee paid S15.00. MR. DOUGLASS: I have a sketch showing the position that they wish to place the Old Schoolhouse, and I also have a sec- tion of the County Tax Map showing our District and the sur- rounding neighborhood. Is there anybody wishing to speak for this application? ROBERT AD~PIETRO: Well, I don't have anything to say other than what I previously said regarding the first variance (special exception). MR. DOUGLASS: Thank you. Is there anybody wishing speak against the application? (THERE WAS NO RESPONSE.) MR. DOUGLASS: Hearing no one, I will ask you a couple of questions-what is the r.easoning in the amount of area that you have there of crowding this to 20 feet from the road, the street? MR. ADIPIETRO: Well, the main reasoning is we're not locked into that 20 feet, but the main reasoning is because there is a vast hollow in the center of the park and there's a problem there as far as drainage when it rains. We're probably going to have a slight problem at the location we are now but we are hoping to minimize it by hugging that northeast corner of the Park. MR. DOUGLASS: Well, when you say charitable uses of it, to reconstruct it the way it was for charitable uses, and you have stated that you will maintain it so that the Park District does not end up liable for its maintenance. You are going to hold ownership and maintain it? MR. ADIPIETRO: Yes. MR. DOUGLASS: What is your intention of doing in it? MR. ADIPIETRO: Other than returning i~ to its condition as a one-room schoolhouse exhibited as such probably for the three summer months out of the year so we get 90% of the use. As far as the amount of actual days or hours that it would be open to the public, we still haven't really sat down with the Park Commission yet and gone over that totally. They have more or less given us permission to display it as such and other than special school outings and exhibits of that sort, Z o SOUTHOLD TO~ BOARD OF APPEALS -49- October 11, 1979 whether or not it w~uld be just opened' ~p As a public display, we really have not discussed that with them yet. MR. DOUGLASS: Well, this is what I was getting at. I, when this application came in, I have been in contact with some of the heads of the Park District. MR. ADIPIETRO: Bill Albertson- MR. DOUGLASS: Right, and we had a long talk on it because at 20 feet from the road you have no position for off-street parking. If you're going to have visitors you have to have off-street parking for at least three or four cars. I asked him if you were pinned to this 20 feet, he said no that they wo~uld go along with you on more° He also stated that~ without a doubt, that you would have to do something on that drainage situation of either putting a dike system or some such thingu- MR. ADIPIETRO: We were aware of that. We've been down there. MR. DOUGLASS: No matter where you go. And after talking to him and knowing that we need - parking, it would be my opinion that you should move back to 35 feet so that you can get at least three cars across in front of the off-street. MR. ADIPIETRO: Ok. MR. DOUGLASS: If that's agreeable with you fellows, I'm sure i% will be with the Park District, and then you could set up a little parking area right off of Lower Road, and under those conditions, why I would make a motion that it be granted and moved back to 35 feet off of Lower Road. After investigation and inspection, the Board finds that the applicant is requesting a variance for a 20-foot frontyard setback due to the deepness of the land in an area where a building could be erected without a variance but would be more practical if the application would place the building with at Least a35-foot frontyard setback in order to allow for off- street parking. Therefore, 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 ms unmque and would not be shared by all properties alike mn the immediate vicinity of the property and mn 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 made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that KIWANIS CLUB OF SOUTHOLD, P.O. Box 150, Peconic, New York 11958, Appeal No. 2612, be GRANTED a variance o © SOUTHOLD TO%fN BOARD OF APPEALS -50- October 11, 1979 . to the Zoning Ordinance for permission to place building for charity use in a residential district with an insufficient frontyard setback of not less than 35 feet in order to provide off-street parking, SUBJECT to the following conditions: (1) That off-street parking facilities be made available, such as paving, gravel, etc. (2) Approval Of the Suffolk County Planning Commission. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, PUBLIC HEARING: Appeal No. 2629. Upon application of RALPH H. DICKINSON, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York 11952, for a Variance to the Zoning Ordi- nance, Article III, Section 100-30, and Bulk & Park Schedule, for permission to construct a dwelling with insufficient frontyard and sideyard setbacks. Location of property: Off Peconic Bay Boulevard, Laurel, New York; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. The Acting Chairman opened the hearing at 11:20 P.M. by reading the application for a variance, legal notice of hear- zng and affidavits attesting to its publication in the local and offieial newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made to: Rosemary A. Graham, Clifford Arthur, George and M. Victoria McDowell; fee paid 515.00. MK. DOUGLASS: I have a map of the property showing the proposed location of the house and a copy of the County Tax Map showing this and the surrounding properties. Is there anyone wishing to speak for this application? letter from Mrs. Elizabeth Arthur about the cesspools. · ~R~. WICY~HA~:I would like to say that Mr. Reilly, the build'e~' spoke to Mrs. Arthur about the well location, that he is aware of it and that is being taken care of in terms of the approvals'from the Board of Health. So that should not be a problem. I'd like ~o first address one, the question of which yards are which here. It is a peculiar situation because the driveway was coming in from the west side of the property. We have technically a frontyard and a backyard. I'd like to ask that you consider this as a practical matter for being a sideyard rather than the frontyard. Since this application was made, we have received approval from the Planning Board. Rather than using this, this is a survey, as to the neighboring prop- er~y and this is our proper~y here. Rather than using this right-of-way as the Planning Board originally set up the sub- division, we obtained approval of coming here and in fact we'll bring the driveway right in here rather than run it all the way up along the line. The result of that, if you wa~t to look at it-- F,~ o SOUTHOLD TOWN BOARD OF APPEALS -51- October 11, 1979 MR. DOUGLASS: In fact that's what I suggested and Mr. Tasker said it couldn't be done. MRS. WICKHAM: Well it couldn't be done unless we got Planning Board approval, which we did. MR. DOUGLASS: MRS. WICKHAM: MR, DOUGLASS: MRS. WICKH~4: MK. McDOWELL: This belongs to McDowell, this piece here. He has consented to that. He has? Oh, yes. We discussed that we him. I haven't consented to anything. I had dis- cussed i% and brought it up to Dr. Dickinson and when I did he did not want to discuss it, two weekends, two weeks ago when he was out. And his answer to me was that he didn't know, that he was going to discuss this with his wife. MRS. W~CKHAM: Well, wouldn't you rather have him coming in here rather than going all the way around? MR, McDOWELL: MRS, W~C~HAM; MR, MCDOWELL: believe this is what Mr. Dickinson does. Right. hut even rather than even going this Well, I don't know. I asked him two weeks ago. We were supposed to discuss this and he just didn't want to discuss it. And the other thing is the actual layout of his house with these dimensions, with this area, winds up with approximately eight foot. MRS. WICKFJLM: MR. McDOWELL: any of this. MRS. WICKH~%~: MR. McDOWELL: ~S. WICKH~M: Well you're on this side, right? I am on this side. I was never notified of Well we sent you a notice by certified mail. I never received it. I think we senn it originally to Brooklyn, or wherever your previous address was, it was returned, and we returned it Peconic-- MR. McDOWELL: MR. DOUGLASS: MR. McDOWELL: MRS. WICKH2IM: MR. McDOWELL: Well I live right next door to Dr.- And what is your name,Sir? McDOWELL. We took the address from the tax map which was- And I never received notice. The only way I o SOUTHOLD TOWNJBOARD OF APPEALS -52- October 11, 1979 know that ! did receive notice was Mrs. Arthur. MR, DOUGLASS: Eleven Glenrich Path, Stony Brook? MR. McDOWELL: MRS. WICKH~M: Boulevard, Laurel. the receipt. Well, I haven't lived there in a year. Well, we then sent it to Great Peconic Bay That was sent several days ago. And I have MR. McDOWELL: Well, I haven't been home today yet, but I haven't received.~it. MRS. WICKH~M: MR. TUTHILL: ~4RS. WICKHAM: Well in any event you know about the hearings. Where is the Arthur property? She is over here. MR. McDOWELL: She is on the east side of the property. MR~ DOUGLASS: Now, I have a question for you. We cannot find anywhere, we haVe not been able to find to the present time, where this was made a legal Minor SubdivisiOn. MRS. WICKH~: This was approved by the Planning Board, it was, I think, Peter Warren. MR. DOUGLASS: Yes, and we cannot find where it was ever approved. MRS. W!CKH~ MR. TUTHILL: MR. DOUGLASS: far as we could-- No, this would have been handled some time ago. About ten years. It was brought up but then never finalized as MRS. WICKHAM: The Planning Board just gave us approval on this. t don~t imagine that they would have done that if it hadn!t been approved originally. MR. DOUGLASS: They gave you that according to what we have on your letter. MRS. WICKHAM: I don't know who handled that, or whether we- MR. DOUGLASS: They did it on approved revision of the right~of~.w~y, the revision of the right-of-way of Peter J. Warren No. 3 as indicated on a map. Map received September 13, 1979 and outlined in letter from Wickham, Wickham & Bressler of the same date, and it's not even signed. MRS. WICKPiAM: I'm sure there is a final map. I don't have it. That was done a number of years ago. This one that I have here is just a proposal, but-- SOUTHOLD TOWN BOARD OF APPEALS -53~ October 11, 1979 MR. DOUGLASS: You see, what they did, is the only thing that they approved was a sketch map of the thing, and they never finished getting their final approvals as far as we can find. MRS. WtC~L%M: Wells then how did these people get building permits? On this development? MR. DOUGLASS: Well they were built there before it probably° MRS. WICKFJ~M: Yes, but these-- MR. McDOWELL: This one doesn't have a house on it. MRS. WICKHAM: These two do. MR. DOUGLASS: Well they are probably before the Zoning. MRS. WICKHAM: No. When were these-- MR. REILLY: Both houses were built approximately, let's see, one house is two years ago, and the other is three. Now, this wasn't filed as a subdivision. Peter Warren had this filed as separate lots because the Board of Health as no record of a sub- division either. But they approved construction of cesspools and wells because they are private individual lots. This was how Peter Warren had this set up many years ago. This is a fact. M~. DOUGLASS: Yeah, that may have been. But it should have been proved as a minor subdivision. MR. REILLY: It never was. MR. DOUGLASS: But it should be. And it has to go back to be. MR. REILLY: The question never came up with the other two houses, for Goodwin or Rale, you know, it never did. MR. DOUGLASS: They didn't need any variances, I guess. MR. REILLY~ The 10 feet off the line on this house. MR. McDOWELL: Actually, he doesn't need the variance if he moves his house back a little bit further and he did move his driveway here, you could-still have the driveway in the frontyard and the property widens up up here. MR. DOUGLASS: If you agree with him and let him come in here. MR. MCDOWELL: Well I haven't been able to talk to him, Sir. MR. DOUGLASS: If you can work together with him and let him come in here, and you take back this, this- MR. McDOWELL: Well that was my originalproposal to him, that %his~ H © o SOUTHOLD TOWN BOARD OF APPEALS -54~ October 11, 1979 MR. DOUGLASS: Then this would be his front yard. MRS. WICKHAM: The problem with putting the house back here, if I may finish, the problem with putting the house back here is Mr. McDowell suggests, is that his house is quite large and it would completely block from this view, this direction the view of the Bay. You know, this is the value of the lot is having the house closer to the-- MR. DOUGLASS: Well this, once again, becomes a piece of property that the house has not got to conform to the-- the house has got to conform to the property, not the property to the house. MR. McDOWELL: Actually, this house would interfere with the house next door then. MRS. WICKHAM: I don't see that. This house is very close. MR. McDOWELL: Well this house is going to be in forward of the neighboring houses. MRS. WICKHAM: She hasn't objected. MR. McDOWELL: I didn't say she objected, but if that's his objection to moving it back to where it belongs, then I'm objecting. MR. TUTHILL: What about this here. MR. McDOWELL: Oh, that's my original, I have six children, and my original intention was to do that. This is what he proposed and this does not make any sense to me at all because then he's just coming down the side of my property into the same point. MRS. WICKHAM: Well, I don't think we have a problem there. MR. McDOWELL: He didn't want to discuss this. His attorney asked me what I was going to give him today, and there was nothing I could give him other than, you know- MRS. WICKHAM: According to Mr. Reilly, the builder, he would come in here-- MR. DOUGLASS: Right, and that would make this your frontyard. Then you only have to come back just a little bit to get a few feet over here. MR. McDOWELL: There is only actually 8 feet with the actual layout done by the surveyor. MRS. WICKHAM: Well the survey shows 10 feet. MR. McDOWELL: The survey that was just done shows eight feet. If you go and measure the sticks that they put in the other day. [.-, o SOUTHOLD TOWN BOARD OF APPEALS -55- October 11, 1979 MR. DOUGLASS: Well, we won't a~gue that. Ten feet or eight feet, it has to meet certain standards, so if this comes back this becomes front yard. MRS. WICKHAM: Well, you see, Mr. Chairman, we're ten feet short of the requirement. We have ten and 15, 25, we need 35 total. We're ten feet short, that's why I'm asking, you're function is to grant variances in cases of hardship and that's what I'm asking for. We haven't more side yard area than the previous application tonight. The other housesand the neighbor are similar in that they are close to the line. We have ten-foot setback on this property and en this property, and I believe on Mrs. Arthur's property. And also the houses in this area are developed, so you're not talking about-- MR. DOUGLASS: This is using it as a side yard, but the way you're asking for it here is the front and rear yard. M_RS. WICKHAM: Nor Mr. Fisher said that because we were having the right-of-way come in here you have to consider this a front yard, but I'm saying, since we're having it come in here and you just men- tioned-- MR. DOUGLASS: Well, we've had no proof of that. MRS. WICKH~M: Well, I'm stating it for the record tonight. MR. DOUGLASS: This we've got to have and I think you'll find that you, as our Town Attorney felt, this is going to have to go back to the Planning Board and get final approval. MRS. WICKHAM: Well that's another problem that I wasn't aware of, and if that's the case then there's nothing you can do tonight, but of course to do that I'd like some indication as to your opinion of this proposal. We are fairly close here. MR. DOUGLASS: If you'll come in here, you've got 15 here, you haven't got ~o pull but just a, two feet here, to get, if you can come down to within the~- Let's see, what is the area in this, do you know what the area is? MRS. WICKHAM: The area is 39,500~ square feet. MR. DOUGLASS: It's just under. Ail right, you're in a nonconforming lot. MRS. WIGKHAM: Yes. MR. DOUGLASS: So the Building Inspector can bring you down to 26.3 feet automatically. MRS. WICKP~M: And we have 25 and that's why I'm coming to you for a variance in a case of hardship where the other proper- ties have 10 feet in the area. MR. DOUGLASS: You're asking for a variance in front yard SOUTHOLD TOWN BOARD OF APPEALS -56- October 11, 1979 right now because we have no front yard established out here yet. MRS. WICKHAM: Assuming ~ can establish that, which I can, I would be glad to submit to you, too, once we get an agreement. MR. DOUGLASS: Push it back three or four feet, whatever you have to, to get to the 26 foot. MR. McDOWELL: I'll do anything, you know, I'm agreeable. MRS. WICKHAM: Less than this. They involve more of a vari- ance than this~ tkough. I think you're talking about two or three feet there, and here we have just one foot. MR. McDOWELL: What's wrong, if you take this actual layout on the survey that's marked, and you measured from here to the property line, it's eight feet. MRS. WICKHAM: I don't think Mr. Van Tuyl would put 10 feet on a survey-- MR. McDOWELL: But he only did the survey the other day to find the actual location. MR. DOUGLASS: i know, I was up there. I walked the stakes and measured the stakes, and I've got pictures of them. So I know exactly where they are, but-- MRS. WICKHAM: Ok, I'll submit something. MR. DOUGLASS: The other thing that you've got to bring in is showing that this property has a right-of-way over here to be granted that access. We can grant the access without it by say- ing that you have access provided you have legal right to use it. But if you bring, if you can look up in this man's deed and find out-- MRS. WICKHA24: MA. DOUGLASS: Board~ Oh I can establish that. That's no problem. So you have that and check with the Planning MRS. WICKHAM: Yeah, I'll do that because I don't believe that was the problem. MR. DOUGLASS: On this Minor Subdivision, and then get an agreement with him~nd your man and come in here and make this your front yard and this your rear yard and then pull back two or three feet and you're going to ha~e your 26 foot which George (Fisher) can grant. MRS. WICKHAM: Ok. Then we won't have to come back here. MR. McDOWELL: The covenants on a pieeeof property, the covenants that are drawn up with the division of this property~ would they have any? SOUTHOLD TOWN BOARD OF APPEALS -57- October 1!, 1979 MR. DOUGLASS: tf there are covenants on there,you must · operate within the covenants unless you have permission from the whole group to change them. MR. McDOWELL: The other thing is, this beach tree, which is protected by the covenants. That there would be no destruc- tion of it. And that's why the house, it was made up, so that the house could be built back far enough to protect that tree. MR. DOUGLASS: Well, we can grant the positioning and the access and so on stating that this is granted provided there is no development covenant that specifies else why, and then it's up to you to get permission through, maybe the covenants have been violated so many times that they are no good any more. MR. McDOB~LL: Well originally a year ago I talked to Dr. Dickinson about changing the driveway. He just doesn't seem to want to talk about it. MR. DOUGLASS: I think he was, it'll be far much to his- MRS. WICKHAM: Yeah, I think he - MR. McD©K~LL: Two weeks ago he asked me, well you see where this driveway cemes in, his comes in here down by my house, 1 own that, he asked me if I could pun my car in the garage. I said no, I don't know. He said well I don't want it looking like a used-car lot. He said what are you going to give me to- MRS. WICKHAM: Is that your boat on his property? MR. McDOWELL: No. MRS. WICKHAM: Whose is it? MR. McDOWELL: I don't know. I don't know whose boat it is. MR. DOUGLASS: %railer up in there. ackea up in the turnaround there's a MR. McDOWELL: He seemed to object to my car too, which he said is a used-car lot and in fact it's a brand new car. MRS. WICEHAM: I~m sorry. I didn't know. MR~ DOUGLASS: Well that happens to be none of our business. That's neither here nor there. MRS, WICKHAM: I didn't realize that. MR. DOUGLASS: You'll get a hold of him and get this? MRS, WICKHA~{: Ok. I'll get this. MR, DOUGLASS: And then you'll come in there and you'll have SOUTHOLD TOWN BOARD OF APPEALS -58- October 11, 1979 a front yar~d and you'll have a rear yard and if you pull just a · hair and George (~Fisher) can issue you the 26 foot. MR. REILLY: The measurements will be probably, you know, ~ti! we get organized. DOUGLASS: Yes MR. McDOWELL: I had originally asked him to move that driveway because I have six Children and didn't want him coming into my driveway. So I don't know why he didn't want to discuss it last week, MR, DOUGLASS: And check the stakes and all. There's another one back over there. MR, REILLY: Yes. MR, DOUGLASS: Ail right. Thank you. You shouldn't have any problem there, But i~11, what ! will do is to recess this till November 15th, but then if you find that you can resolve i% without needing this, let us know and we will dissolve it ~ithout~ MRS. WICKHAM: We'll withdraw the application. MR, DQUGLASS: ~f you have to come back, make a change in ~ere and ask for approval of access. MRS, W!CKHA~[: Ok, I didn't think we needed it because of the subdivision, it's usually taken care of. But if that's not the case, we~will. MR. McDOWELL: The subdivision has to be taken care of? Will you notify me the next time? MR~ DOUGLASS: You're notified right now that the next hearing will be on November 15th. You can come back on Novem- ber 15th to find out what happens. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of RALPH H. DICKINSON, Appeat ~2629, be RECESSED until the November 15, 1979 meeting of this Board until it'~s resolved with the owners and the Planning Board. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, Mr. Doyen, Appeals Board member, left the room at 11:42 P.M. and returned at 11:47 P.M. SOUTHOLD TOWN BOARD OF APPEALS -59- October 11, 1979 PUBLIC HEARING: Appeal No. 2619. Upon application of the · SOUTHOLD TO~q DEMOCRATIC COMMITTEE, Southold, New York, for a Special Exception to the Zoning Ordinance, for permission to erect an off-premises directional sign. Location of property: Main Road, Southold, New York; bounded north by DeFriest, south by Radich, west by Main Road, east by Southold School District No. 5. The Acting Chairman opened the hearing at 11:47 P.M. by reading the application for a Special Exception, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, letter from the Town Clerk that notification had been made to the following adjoining property o~ners: Rodden, Murphy, Gralton, Suffolk County Department of Public Works, Albin Pietrewicz, Wells, Aha, Southold Public Library, Pudge Corp., Dougherty, Willow Hill Cemetery Association, Bogovic, Goldsmith, Ferrerra, Gloria, Wernikowski, Terry, Orient Central Cemetery Association, DeFriest, Radich, and Southold High School; fee paid $15.00. MR. DOUGLASS: I have a copy of the County Tax Map showing this and the surrounding properties. Is there anybody wishing to speak for this application? ls there anybody here in authority representing this application? MR. HOGAN: (Nodded yes.) MR. DOUGLASS: May I ask you a question? MR. HOGAN: Surely, Sir. MR. DOUGLASS: On this, which I will read. It's a little thing here. "...To whom it may concern. I hereby authorize the Southold Town Democratic Committee," this is a letter from the property owner, "...hereby authorize Southold Town Democratic Committee and its Sign Chairman, Mr. JohnCornell, to erect a political sign on my property at the following location, Main Road, Southold. I gi. ye such permission from today through Election Day to be used at the Committee's and Mr. Cornell's discretion." Signed by John T. Cornell, 935 Waterview Drive, Southold. On this piece of property. But when it was looked up, we just have a question whether it's the piece of property, the Terp property. MRS. HOGAN: Yes. MR. DOUGLASS: And according to what we can find, John has signed it as the owner but the only thing we can find is that the owners are Mary Jankowski and Josephine Planz. Does anybody know anything about that, or how John is tied in to it? MRS. HOGAN: Grandmother. MR. DOUGLASS: Mrs. Terp is his grandmother and then in other words- o o © © SOUTHOLD TOWN BOARD OF APPEALS m60- October 11, 1979 MRS. HQGAN: Grandmother-in-law. MR. DOUGLASS: Well, I'm sure she would ok it, but when some- thing like that comes up in the future you should have a letter from her giving him authority to slgn for the use .of the property. Being a relative there is no question that she would approve it, but you should have the letter from her stating that she has given authority to Mr. Cornell to use it, because he's not a direct owner. He's signing as an owner and yet he's not a direct owner. It's supposed to be signed by the direct_o%~ner. Ok, thank you. Is there anybody else wishing to speak for this application? Is there anybody wishing to speak against the application? Cy? CYRIL LUKES~N: Mr. Chairman, today I hadthe occasion to drive from Orient to Montauk without the benefit of the Shelter Island Ferry, and in not one of our four Eastern Towns did I see a poli- tical sign. If I further discuss the signs supporting political parties, this here may turn into another obnoxious episode, like the last one. I oppose of the spoiling of this Town's landscape by political signs or otherwise. This Board, the reason this Board is in existence is to protect the aesthetic beanty and the uniqueness of Southold. Political parties or candidates are not above the law. I suggest that you have no alternative but to deny all applications for variances for political signs, especi- ally since this Ordinance has already been abused since your decision of September the 25th. Thank you. MR. DOUGLASS: Thank you. Is there anybody else? William? WILLIAM SCHRIEVER: Yeah~ 1 got up and I objected to the Southold Town Republican Committee applications, not because I object to the placement of the signs but because I object to the applications. And I have the same objections to this application as I had to the Republican applications. I just don~t feel that this Government has any right to restrict freedom of expression, and if you have the right to deny this application then you have the right to suppress somebody's right to free speech. I just don't believe you have that right. MR. DOUGLASS: Thank you. We have a sign ordinance control~ ing all this stuff in Southold Town and cases that had been up higher than u~s ha.v.e protected it. I .intend at this point, first, zs there anybody else that wishes to testify? (THERE WAS NO RESPONSE.) MR; DOUGLASS: If not, I intend to put this one aside and reserve decision on it ~an~il after we've gone through all the others. And then we w.ill render a decision on it. Tonight. Yes, sir? MR. HOGAN: You've answered my question. MR. DOUGLASS: After we finish all of them. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was SOUTHOLD TOWN BOARD OF APPEALS -61- October 11, 1979 RESOLVED, that the matter of the application of the SOUTHOLD TOWN DEMOCRATIC COI~MITTEE, Appeal ~2619, BE RESERVED ITS DECISION until after the Board has gone through all the others, tonight. Vote of the Board: Ayes: and Doyen. Messrs. Douglass, Tuthill, Grigonls PUBLIC HEARING: Appeal No. 2620. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a Special Exception to the Zoning Ordinance, for permission to erect an off-premises directional sign. Location of property: Tabor and Main Roads, Orient, New York; bounded north by Main Road, Ferreirg, Gloria, Werinkowski, south by Orient Central Cemetery, west by Tabor Road, east by Terry. The Acting Chairman opened the hearing at t2;00 Midnight by reading the application for a Special Exception, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building In~ spector, and letter from the Town Clerk that the adjoining property owners were notified; fee paid $15.00. MR. DOUGLASS: I have a map showing this and the surrounding properties. Is there anybody wishing to speak for this applica~ tion? (THERE WAS NO RESPONSE.) MR. DOUGLASS: Is there anybody wishing to speak against this application? This one is on your property. MR. SCHRIEVER: This one I'm objecting to is on my property? MR. DOUGLASS: Yes. MR. SCHRIEVER: I sti~l object.(Objects to applications, not signs.) MR. DOUGLASS: I'll make a motion for a postponement of decision until we finish the rest of these tonight. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the matter of'the application of the SOUTHOLD TO~ DEMOCRATIC COMMITTEE, Appeal ~2620, BE RESERVED ITS DECISION until after the Board has gone through all the other Special Exception applications tonight. Vote of the Board: Ayes: Tuthill and Doyen. Messrs. Douglass, Grigonis, o o o o H © I'-t © 0 SOUTHOLD TO~J BOARD OF APPEALS -62- October 11 & 12, 1979 PUBLIC HEARING: Appeal No. 2621. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a Special Exception to the Zoning Ordinance, for permission to erect an off-premises directional sign. Location of property: Main Road, Southold, New York; bounded north by Willow Hill Cemetery, south by Bogovic, Goldsmith, west by Lower Road, east by Main Road. The Acting Chairman opened the hearing at 12:02 A.M. by reading the application for a Special Exception, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifi- cation had been made to adjoining property owners; fee paid $15.00. MR. DOUGLASS: I doubt if all the neighbors were notified. MRS. HOGAN: Why? MR. DOUGLASS: Willow Hill Cemetery? Is there anybody wishing ~o speak for this application? MR. HOGAN: David J. Hogan, Jr., 1410 Leslie Road, Cut- chogue, Vice-Chairman, Democratic Committee. 1 would like to ask the Chair a question. Is this the Johnson Laboratory Property or the Chinam Property? MR. DOUGLASS: Johnson Laboratory. MR. HOGAN: Is this one of the two properties the Chairman was quoted in today's Suffolk Times saying that there was an illegal sign posted on? I will read from today's Suffolk Times, "That's where things stood until Zoning Board Chairman Robert Douglass disclosed this week the Democrats have already put up two of the signs they petitioned the Board to erect.~ In other words, they jumped the gun." In speaking to the editor of this newspaper today, he indicated to me that the Chairman said~ that particular sign was one of the two. Was the editor correct in telling me that? MR. DOUGLASS: And we have pictures of it. Yes. MR. HOGAN: Fine. Thank you, sir. Now I would like to make a statement. With regard to the signs that exist on the Johnson Laboratory and the signs that exist at Chinam's also, I believe that was the second sign you- indicated to the editor of the newspaper. I spoke to Mr. John Cornell, who is the applicant on all those, and his capacity is a member of the Democratic Committee. Mr. Cornell informed me today that in a conversation with Mr. George Fisher that any signs that were to be overlayed or imprinted upon a previously existing sign on a commercial property were permissible in accordance with Section 100-18 subsection D of the Code as long as the business had not been vacant for two years. Mr. Cornell and Mr. Fisher confirmed to SOUTHOLD TOWN BOARD OF APPEALS -63- October 11 & 12, 1979 me that you, who were processing the Republican applications for signs at the same time, were present for those conversations. MR. DOUGLASS: I was not processing any applications. MR. HOGAN: Sir, I'm reporting to you. I'm making this statement. In addition, I spoke to Mr. Fisher today at 2:20 P.M. this afternoon. Mr. Fisher informed me that the Building Depart- ment is the enforcing agency for any violations of signs that were out of regulation with the Code. And not the Zoning Board of Appeals. And it was purely the Building Department's res- ponsibility. I inquired of Mr. Fisher, what was the normal procedure if somebody were to put up a sign that was in viola- tion or was possibly in violation. Mr. Fisher indicated to me that the procedure was either by mail or by phone. To get mn touch with the violating party and indicate that they had ten days to remove such a sign. I ask Mr. Fisher whether this Board has consulted him as the enforcing agency to whether or not those two signs were a violation. Mr. Fisher indicated the Board was never consulted, the Building Department was never consulted by this Board. Gentlemen, if any one of those Demo- cratic signs, the two that are quoted in the newspaper today, were mn violation, I want to state that myself as the Vice Chairman of the Democratic Party, Mr. William Grigonls as Chairman of the Democratic Party, Mr. Cornell as the Sign Chairman, were never given the courtesy of a phone call to indicate that there was a possible violation, because if there had been the possibility of a violation, those signs woul~ have been removed the same day. We never received that courtesy. Instead on the Thursday mornmng we read in the newspaper what the Chairman of this Board had to say about it. And finally I would like to reiterate something I said last week. That some of the members of this Board do not understand and c~nnot make the distinction between their governmental function as mem- bers of this Zoning Board and their political function as Repub-~ lican Committeemen as certified by the Suffolk County Board of Elections and the New York State Secretary of State. And I do not think it's proper that the Chairman of this Board decided to go down for pictures, with pictures, two newspapers, indicate he made a decision without consulting the Board, without con- sulting the business, the Building Department, and say"Fine, you're in violation, sir." I'm saying to you, sirt Mr. Douglass, you are confusing your role as a governmental official and as Chairman of this Board with your function as a political offi- cial, and would urge you to draw that line very carefully in your mind again. Thank you. MR. DOUGLASS: Thank you for your report, Mr. Hogan. Is there anyone wishing to speak against this sign, do you want to speak against this one? MR. SCHRIEVER: Is it one of the Democrat ones? MR. DOUGLASS: Yes. SOUTHOLD TO~ BOARD OF APPEALS -64- October 11 ~ 12, 1979 MR. SCHRIEVER: Yes, same thing. I have no objection to any political signs being put up on private property. I just object to the fa~t ~hat ~hey can be controlled by this Government. MR, DOUGLASS: Well, you certainly have the right to your opinion. MRS. HOGAN: I've been raising my hand. There's a question in my mind. Oh, Christina J. Hogan, I'm sorry. There's a ques- tion in my mind. On the signs, Willow Hill and Chinam, are they in violation? Why? MR, DOUGLASS: They are off-premises signs. MRS. HOGAN: Do they have presently, today, a permit? MR. DOUGLkSS: What? MRS. HOGAN: Presently, Today, is there a sign permit on those premises? MR. DOUGLASS: For what business operations there is inside of the building, right. MRS. HOGAN: So there is presently for signs. Mr. Fisher is not wrong when he gave us that permission. MR. DOUGLASS: Yes. He is Wrong in quoting you that you can cover up that sign that is there. MRS. HOGAN: Under what article? What section? MR. DOUGLASS: Well, do you want ~o get out of here tonight? MR. HOGAN: Excuse me, sir. I think this is important because unfortunately Mr. Fisher isn't here. But I took the time out of my work day to speak to him today, and he told me under this Section 100-18 sub~ection D, that it was permissible. So I think you and Mr. Fisher ought to have a confrontation so that both agencies in the Town give the people the same informa- tion. MR. DOUGLASS: Well we have our consultations with our Town Attorney. ~LRS. HOGAN: Did you do that under consultation with your Town kttorney? MA. DOUGLASS: We'll leave that out in the open. MRS. HOGAN: Did you? MR. HOGAN: Did Mr. Tasker go to the newspaper with you, sir? MR. DOUGLASS: I'm not going to answer. SOUTHOLD TO%fN BOARD OP APPEALS -65- October ll& 12~ ~1979 MRS. HOGAN: Did you go as an official of this Committee or did you-go-- MR. HOGAN: I mean you were quoted as a Town Official in that paper; sir. MRS. HOGAN: Under what capacity did you go to this newspaper? MR. DOUGLASS: Do you enjoy aggravation? MRS. HOGAN: Do I enjoy it? No~ Thank you. Then why give it. BILL GRIGONIS: Mr. Douglass, you just stated to us that the George Fisher has his job to tell us whether these signs are in violation or not. This is the Appeals Board that we come to for an exception. I would like to know what right you have going to the newspaper and saying we have a violation when this is not the Department that does this? Were you not the gentlemen that gave this quote to the newspaper? MR. DOUGLASS: I did not make any charges. BILL GRIGONIS: You did not, why is this printed, then you are saying the newspaper is wrong. MR. HOGAN: The newspaper is in error. Are you misquoted? MR, DOUGLASS: I pointed ou~ to the paper that we had been out and that there were signs up that are applied for. MRS. HOGAN: Did the newspaper contact you or did you contact the newspaper? MR. DOUGLASS: Well-- MR. HOGAN: Did you call Mr. Grigonis, myself, Mr. Cornell, or any of the candidates whose names appear on our sign? MR. DOUGLASS: No, I did not. MR. HOGAN: You toQked it upon yourself to go to a newspaper rather than calling the people responsible and if you found that to be a violation, even in your opinion, even though it's not your Department, you chose to go to a newspaper to get political footage rather than come to the people who could have removed the violation in a matter of hours. BILL GRIGONIS: Are you speaking for the Board? Did you consult with the other members of the Board before you went to the newspaper, or is this a personal statement you made? MR. DOUGLASS: I'm not going to answer it because it has no bearing on any of what's going on. BILL GRIGONIS: It has no bearing as to what's going on? SOUTHOLD TOWN BOARD OF APPEALS -66- October 11 & 12~ 1979 MRS. HOGAN: It has no bearing! BILL GRIGONIS: You say, the newspaper printed it, sir, and that it's all over Southold Town, this has no bearing on what is happening? MRS. HOGAN: That holds us in violation, when Mr. Fisher of the Building Department says we are not in violation? MR. HOGAN: And if we were we would have ten days to correct the violation, and now we were not even notified. We didn'n get that courtesy. All we got was some political footage from you, sir? MRS. HOGAN: And as of October 10th there was no written notice, or oral notice given by the Building Department, and you have the audacity to go to a newspaper with a violation that no one else charges except you? MR. DOUGLASS: I haven't charged anything. MR. HOGAN: Then the paper is in error. MR. DOUGLASS: The paper, I-- MR. HOGAN: You will correct it next week with a letter, assume, if the paper is in error. MR. DOUGLASS: I think we've had about enough of this. MRS. HOGAN: I think we have certainly- MR. DOUGLASS: Now, do you want to get on with your sign applications? MRS. HOGAN: I really don't care at this point because you'll go next week and say whatever the beck you please. Whatever Town Board. It doesn't matter to you. You will become the entire Town by saying whatever you want to say. No matter how true it zs, or isn't. MR. HOGAN: I said two weeks ago you abused that Chairman- ship, and I repeat that charge. MR. DOUGLASS: And I hereby close any more discussion on it, and I propose that we postpone decision on this until we finish the rest of these readings. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the matter of the application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE~ Appeal ~2621, BE RESERVED ITS DECISION until after the Board has gone through all the other Special Exception applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. , , , SOUTHOLD TOWlq BOARD OF APPEALS -67- October 11, 1979 October 12, 1979 PUBLIC HEARING: Appeal No. 2622. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York 11971, for a Special Exception to the Zoning Ordinance, for permission to erect an off-premises directional sign. Location of property: Main Road, So~thold~ New York; bounded north by Traveler Street, south by Main Road, west by Pudge Corp. and Dougherty, east by Southold Free Library? The Acting Chairman opened the hearing at 12:15 A.M. by reading the application for a Special Exception, legal notice of hearing, affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspectpr, letter from the Town Clerk that notification to adjoining property owners was made~ fee paid $15.00. MR. DOUGLASS: We have a copy of the County Tax Map showing this and the surrounding properties. There is a letter consent- ing to the sign erection from the property owner, James L. Gray. Is there anybody wishing to speak for this application? Is there anybody wishing to speak against this application? MR.~ SCHRIEVER: I object to the application. Not to the signs. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it RESOLVED, that the matter of the application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal ~2622, BE RESERVED ITS DECISION until later tonight after the Board has gone through all the other applications. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, PUBLIC HEARING: Appeal No. 2623. Upon application of the SOUTHOLD TO%fN DEMOCRATIC COMMITTEE, Southold, New York~ for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Orient, New York; bounded north by Main Road, south by Orient Harbor, west by Aha, east by Welles. Mr~ Serge Doyen, Appeals Board member~ left the room to return ~hortly. The Acting Chairman opened the hearing at 12:18 A.M. by reading the application for a SpeCial Exception, legal notice of hearing, affidavits attesting to its publioation in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifi- cation had been made to adjoining property owners; fee paid $15.00. o c) o © 0 0 SOUTHOLD TOWN BOARD OF APPEALS -68- October 11, 1979 October 12, 1979 MR. DOUGLASS: There is a copy of the County Map sh~wing ~ the property. Is there anybody wishing to speak for this application? Is there anybody wishing to speak against it? MR. SCHRIEVER: I object to the application, not to the sign. MR. DOUGLASS: There ms written consent from the property owner, Barbara D. Schriever. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of the SOUTHOLD TO¥~ DEMOCRATIC COMMITTEE, Southo!d, New York, Appeal No. 2623, BE RESERVED ITS DECISION until later tonight after the Board has gone through all the other applications. Vote of the Board: Ayes: Messrs. Douglass, Grigonis and Tuthill. Abs.en~t~.f.rom the room: Messr. Doyen. PUBLIC HEARING: Appeal No. 2624. Upon application of the SOUTHOLD TOWN DEMOCRATIC CO~4!TTEE, Southold, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: County Road 27 and Cox Lane, Cutchogue, New York; bounded north by County Road 27, south by Pietrewicz, west by Pietrewicz, east by Cox Lane. The Acting Chairman opened the hearing at 12:21 A.M. by reading the application for a Special Exception, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that noti- fication had been given to adjoining property owners; fee paid ~15.00. MR. DOUGLASS: There is a copy of a map showing the property. I also have a letter of consent from the property owner, John T. COrnell. Is there anyone wishing to speak for this application? Is there anyone against this application? MR. SCHRIEVER has asked that his objection to the appli- cation and no~ the signs be made part of the record, On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of the SOUTHOLD TO~ DEMOCRATIC COMMITTEE, Southold, New York, Appeal No. 2624, BE RESERVED ITS DECISION until later tonight after the Board has gone through all the other applications. Vote of the Board: Ayes: Messrs. Douglass, Grigonis and Tuthill. Absent from the room: Messr. Doyen. © m SOUTHOLD TOW~ BOARD OF APPEALS B69- October 11, 1979 October 12, 1979 PUBLIC HEARING: Appeal No. 2625. Upon application of the .SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, for a Special ExcePtion to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: County Road 27, Peconic, New York; bounded north by County Road 27, east and south by Suffolk County, west by Gralton and others? The Acting Chairman opened the heraing at 12:25 A.M. by reading the application for a Special Exception, legal notice of hearing, affidavits attesting to its publication in the local and official newsPaPer~,Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifi- cation had been given to adjoining property owners; fee paid $15.00. MR. DOUGLASS: There is a copy of the County Tax Map showing the property and a letter of consent from the property owner, John T. Cornell. Is there anyone wishing to speak for the application? Is there anyone wishing to speak against it? (THERE WAS NO RESPONSE.) MR. SCHRIEVER has asked that his objection to the application and not to the signs be made part of the record. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the matter of the application of the SOUTHOLD~TO~ DEMOCRATIC COMMITTEE, Southold, New York, Appeal No. 2625, BE RESERVED ITS DECISION until later tonight after the Board has gone through all the other applications. Vote of the Board: Ayes: Messrs. Douglass, Tuthill and Grigonis. Absent from the room: Messr. Doyen. PUBLIC ~EARiNG: Appeal No. 2626. Upon application of the SOUTHOLD TOWN DEMOC~T1C CO~4ITTEE, Southold, New York, for a Special Exception to the Zoning Ordinance, for permission to erect an off,premises directional sign. Location of property: Main Road, La~rel, New York~ bounded north by Main Road, south by Murphy, west by Rodden and others, east by Old Main Road. The Acting Chairman opened the hearing at 12:28 A.M. by reading tbs application for a Special Exception, legal notice of hearinq and affidaVitsiattesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector~ and letter from the Town Clerk that notifi~ cation to adjoining property owners was made; fee paid $15.00. MR. DOUGLASS: We have a copy of the County Tax Map shOwing the subject property. There is also a letter of consent from the property owner, Frank Murphy. Is there anyone wishing to speak for this application? Anyone against? SOUTHOLD TOWN BOARD OF APPEALS -70- October 11, 1979 October 12, 1979 {THERE B~AS NQ RESPQNSE.I MR. SCHRIEVER has asked that his objection to the application but not to the signs be made part of the record. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the matter of the application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York, Appeal No. 2626 BE RESERVED ITS DECISION until later tonight after the Board has gone through all the other applications. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, and Tuthill. Messr. Doyen was absent from the room. 12:30 A.M. Messr~ Doyen reuurned to the meeting. RESERVED DECISION: Appeal No. 2599. Upon application of the SOUTHOLD TOWN REPUBLICAN COM=MiTTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Northerly side of North Road, Greenport~ bounded north by Brandi & Raynor, east by Sound Road, south by North and Main Roads, west by Raynor. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the application of the SOUTHOLD TO~%~ REPUB- LICAN CO~94ITTEE, Appeal No. 2599, for a Special Exception BE GRANTED, SUBJECT to the conditions set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthilt and Doyen. RESERVED DECISION: Appeal No. 2600. Upon application of the SOUTHOLD.TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Southerly side of County Road 27, Cutchogue, New York; bounded north by County Road 27, east by Glover, south by Glover, west by Funn. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RES©LVED that the application of the SOUTHOLD TO?~ REPUB- LICAN COMMITTEE, Appeal No. 2600, for a Special Exception BE GRANTED, SUBJECT to the conditions set forth by this Board at the end of deciding all the applications tonight.' ~ote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, o~ o SOUTHOLD TOWN BOARD OF APPEALS -71- October 11, 1979 October 12, 1979 RESERVED DEC~S!ON: Appeal No. 2601. Upon application of the ~SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permis- sion to erect an off-premises directional sign. Location of property: Northeasterly corner of Route 25 and Albertson Lane, Greenport; bounded north by Country-Wide Management Inc., east by Main Road, south by Albertson Lane, west by Corrazzini and Whipple. On motion made by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED, that the application of the SOUTHOLD TOK~ REPUB- LICAN COMMITTEE, Appeal No. 2601, for a Special Exception BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. RESERVED DECISION: Appeal No. 2602. Upon application of the SOUT~IOLD TOK~ REPUBLICAN COF~ITTEE, Sunset Lane, Greenport, New. York, for a Special Exception to the Zoning Ordinance for permission to erect an off,premises directional sign. Location of property: Southeasterly corner of Route 25 & Gillette Drive, East Marion~ New York; bounded north by Main Road, east by Gillette Drive, south by Gagen, west by Cherepowich. On motion made by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that the application of the SOUTHOLD TOWN REPUB- LICAN COMMITTEE, Appeal No. 2602, for a Special Exception BE GRANTED, SUBJECT to the conditions as set forth by this Board au the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. DouGlass, Grigonis, Tuthilt and Doyen. RESERVED DECISION: Appeal No. 2603. Upon application of the SOUTHOLD TOWN REPUBLICAN COmmITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Route 27, Southold; bounded north by Soundview Avenue, easu by Kamps & Caiola, south by Froede, Droskoski and Wolanski, west by Sawicki. On motion made by Mr. Douglass, seconded by Mr. Tuthilt, it was RESOLVED, that the application of the SOUTHOLD TO~;~ REPUBLICAN COMMITTEE, Appeal No. 2603, for a Special Exception O SOUTHOLD TOWN BOARD OF APPEALS -72- October 11 & 12, 1979 BE ~RANTED, SUBJECT to the conditions as set forth by this Board .at the end.of deciding all the app!~dations tonight. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, RESERVED DECISION: Appeal No. 2604. Upon application of the SOUTHOLD TOWN REPUBLICAN COL~3~ITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Southold; bounded north by Main Road, east by Beixedon Estates (Nickles & Lewis), south by Beixedon Estates, west by DeLuca. On motion made by Mr. Doyen, seconded by Mr. Grigonis, it RESOLVED, that the application of the SOUTHOLD TOK~ REPUBLICAN COMMITTEE, Appeal No. 2604, for a Special Exception BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, RESERVED DECISION: Appeal No. 2605. Upon application of the SOUTHOLD~TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Laurel; bounded north by Laurel Proper- ties, east by Laurel Properties, south by Main Road, west by School District 11. On motion made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the application of the SOUTHOLD REPUBLICAN CO~.{ITTEE, Appeal No. 2605, for a Special Exception BE GRANTED, SUBJECT to the conditions as se~ forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. RESERVED DECISION: Appeal No. 2606. Upon application of the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Mattituck; bounded north by State Route 25, east by Walt Whitman Savings & Loan Association, south and west by Wilsberg. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it WaS c) CD SOUTHOLD TOWN BOARD OF APPEALS -73- October 11 & 12, 1979 RESOLVED, that the application of the SOUTHOLD TOWN .REPUBLICAN CO~MITTEE, Appeal No. 2606, for a Special Exception BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, RESERVED DECISION: Appeal No. 2607. Upon application of the SOUTHOLD TOWN REPUBLICAN COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permisszon to erect an off-prem!ses directional sign. Location of property: County Road 27, Mattituck; bounded north by County Road 27, east by Cooper, Ashton and Urist, south by Sidor, west by Westphalia Avenue. On motion made by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that the application of the SOUTHOLD TO~ REPUB- LICAN COMMITTEE, Appeal No. 2607, for a Special Exception BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Tuthill and Doyen. Ayes: Messrs. Douglass, Grigonis, RESERVED DECISION: Appeal No. 2608. Upon application of the SOUTHOLD TOWN REPUBLICAN.COMMITTEE, Sunset Lane, Greenport, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Mattituck:bounded north by Main Road (State Route 25), east by Elak, south by New Suffolk Avenue, west by Locust Avenue. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that the application of the SOUTHOLD TOWN REPUB- LICAN COMMITTEE, Appeal No. 2608, for a Special Exception BE GRANTED~ SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Tuthilt and Doyen. Ayes: Messrs. Douglass, Grigonis, RESERVED DECISION: Appeal No. 2619. Upon~application of the SOUTHOLD TO?~ DEMOCRATIC COmmITTEE, Southoid, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Southold. New York; bounded north by DeFriest, south by Radich, west by Main Road, east by Southold School District No. 5. SOUTHOLD TO~FN BOARD OF APPEALS -74~ October 11 & 12, 1979 On motion made by Mr. Douglass, was seconded by Mr, Tuthill, RESOLVED, that the application of the SOUTHOLD TO~ DEMOCRATIC COMMITTEE, Appeal No. 2619 for a Special Exception, BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board~ hill and Doyen. RESERVED DECISION. Ayes: Messrs. Douglass, Grigonis, Tut~ Appeal No. 2620. Upon application of the SOUTHOLD TOWN DEMOCRATIC CO~ITTEE, Southold, New York, for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sion. Location of property: Tabor and Main Roads, Orient, New York; bounded north by Main Road, Perreira, [~toria, Weinkowski, south by Orient Central Cemetery, west by Tabor Road, east by Terry. On motion made by Mr. Douglass, seconded by Mr. Doyen, it was RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal No. 2620 for a Special Exception, BE GRANTED SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tut- hill and Doyen. RESERVED DECISION. Appeal No. 2621. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road, Southold; bounded north by Willow Hill Cemetery, south by Bogovic, Goldsmith, west by Lower Road, east by Main Road. On motion made by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that the application of the SOUTHOLD TO%~ DEMOCRATIC COA~4ITTEE~ Appeal No. 2621 for a Special Exception, BE GRANTED SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tut- hill and Doyen. RESERVED DECISION. Appeal No. 2622. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special Exception to the Zoning Ordinance for permission to erect an off-premises directional sign. Location of property: Main Road'South~ld; bounded north by Traveler Street, south by Main Road, west by Pudge Corp. and Dougherty, east by Southold Pree Library. SOUTHOLD TOWN BOARD OF APPEALS -75- October 11 & 12, 1979 On motion made by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that the application of tke SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal No. 2622, for a Special Exception, BE GRANTED, SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. * * * RESERVED DECISION: Appeal No. 2623. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Southold, New York for a Special Exception to the Zoning Ord±nance for perm±ssion to erect an off- premises directional sign. Location of property: Main Road, Orient; bounded north by Main Road, south by Or±ent Harbor, west by Aha, east by Welles. On motion by Mro Doyen, seconded by Mr. Douglass, it was RESOLVED, that the application of %he SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal No. 2623 for a Special Exception BE GRANTED SUBJECT to the conditions as set forth by th~s Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Gr~gonis, Tuthill and Doyen. * * RESERVED DECISION: Appeal No. 2624. Upon application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEEr Southold, New York for a Special Exception to the Zoning Ordinance for permiss±on to erect an off- premises directional sign. Location of property: County Road 27 and Cox Lane, Cutchogue; bounded north by County Road 27, south by Pietrewicz, west by Pietrewicz, east by Cox Lane. On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC COMMITTEE, Appeal No. 2624,for a Special Exceptionr BE GRANTED SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. * ~ * RESERVED DECISION. Appeal No. 2625. Upon application of the SOUTHOLD TOWN DEMOCRATIC COmmITTEE, Southold, New York for a Special Exception to the Zoning Ordinance for permission to erect an off- premises directional sign. Location of property: County Road 27, Peconic~ bounded north by County Road 27, east and south by Suffolk County, west by Gralton and others. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC CO~AMITTEE, Appeal No. 2625, for a Special Exception~ BE GRANTED SUBJECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill' and Doyen. * * * SOUTHOLD TOWN BOARD OF APPEALS -76- October 11 & 12, 1979 RESERVED DECISION: Appeal No. 2626. Upon application of the SOUT~OLD TOWN DEMOCRATIC COmmITTEE, Southold, New York for a Special Exception to the zoning Ordinance for permission to erect an off- ~remises directional sign. Location of property: Main Road, Laurel; bounded north by Main Road, south by Murphy, west by Rodden and others, east by Old Main Road. On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that the application of the SOUTHOLD TOWN DEMOCRATIC COmmITTEE, Appeal No. 2626 for a Special Exception BE GRANTED SUB- JECT to the conditions as set forth by this Board at the end of deciding all the applications tonight. Vote of the Board: Ayes: Messrs. Douglass, Grigo~is, Tuthill and Doyen. * * * On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following appeals be scheduled for a public hearing at the next meeting of this Board: 8:05 P.M. 8:10 P.M. 8:15 P.M. 8:35 P.M. 8:45 P.M. 9:00 P.M. 9:10 P.M. 9:25 P.M. 9:40 P.M. 9:55 P.M. Mattituck Holding Corp. Appeal No. 2615 Kiwanis Club of Southold Appeal No. 2613 Raeburn, Robin A. & Murphyr Mary E. Appeal No. 2609 Lembeck, Eileen M. Appeal No. 2630 Halverson, Janet Appeal No. 2631 Nuhfer, Delmer Appeal No. 2633 Fishers Island Development Corp. Appeal No. 2632 Gwynne Construction Co. Appeal No. 2634 Jacobs, Vernon & Sally Appeal No. 2635 Lim Con Enterprises Appeal No. 2636 Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. * * * On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the following CONDITIONS be set forth as part of the Decisions rendered by this Board on the Southold Town Republican Committee Appeal Nos. 2599 through 2608, and as part of the Decisions rendered by this Board on the Southold Town Democratic Committee Appeal Nos. 2619 through 2626: (a) That the applicant obtain approval from the Suffolk County Planning Commission, and (b) That the applicant conform to the requirements set by this Board in addition to the requirements of the Ordinance as follows: (1) written permission of property owner for sign erection; said sign shall continue only as long as the property owner's consent is in effect. (2) Said sign permit is terminable at once at the direction of the Board of Appeals. (3) Purpose of sign must be directional in the public interest as distinguished from advertising of products or ser- vices. Accordingly, said sign shall bear generally the words as SOUTHOLD TOWN BOARD OF APPEALS -77~~, October 11 & 12, 1979 submitted with the application for same. (4) Said sign shall not exceed the size of four feet by six feet (4' x 6'). (5) Said sign shall not be erected prior to thirty (30) days of the event advertised for, and said sign shall be removed W,ithin seven (7)days after the date of said event advertised, namely, Election Day. (6~ Said sign shall not be less than five feet (5') from any property line~ the bottom edge of said sign shall be not less than four feet (4') above ground. (7) Said sign may not be illuminated. (8) Said sign permit hereby authorized, shall in no event be in effect for more than three (3) years, except by written approval of this Board after receiving written request no la%er than September 30th of each year thereafter~ and in accordance with all the other conditions listed herein for such approval. Vote of %he Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the next meeting of the Southold Town Board of Appeal will be held on Thursday, November 15, 1979 a5 7:30 o'clock P.M. Vote of the Board: Ayes: Messrs. Douglass, Griqonis, Tuthill and Doyen. The hearing was declared closed at 12:50 A.M. OO %O%O COO~ Respectfully submitted, Linda F. Xowalski Secretary