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HomeMy WebLinkAboutZBA-10/26/1967 Southold Town oard o£Appeals ~JI.ITH~I_D, [_. I., Telephone SO 5 ~-660 APPEAL BOARD MEMBERS Robert W. Gillisp~, Jr., 'Chairman Robert E~ergen Chorles Gre~onis, Jr. Ser~e Doyen, Jr. Fred Flulse, Jr. MIN~UTE'S October 26.,: 1967 A reguTar meeting~ o~the.Southold-Town Beard of Appeals. was held at'7:38 P. M~:,i~u~sday, October 26, 1967, at the Town Office, Main Road, South®id, New Yerk. Therewere present:'Messrs: Robert W. Gillispie,. Jr., Chairman; Robert Bergen,j Fred Hulsg, Jr., Charles Grigonis,~ Jr,, Serge'Doyen, Jr~ P~BLIC'~%R/~G: Appeal No. 1140 ~ 7:30~.p.'M.-i(E.D.S,T.)~ On the Board's ownmotion arehearing on Appeal No. l148~Upon application of Robert S. Pascale, Rabbit-Lane, East~_Marion, New York, for'a uaraince in accordance with the Zoning Or~inance,~rticle III,-Section 303, Article X,-Section 1008A, for permission to divide propertywith insufficient frontage. Aocation of property: north side Rabbit~Lane, East'Marion, New York,' bounded north by Marion~Lake, east by Crowley~ south by Rabbit'Lane, west by'Jack Schimatz. origi ~1 The Chairman opened the hearing by readingthe7a~p~ication for a variance, legal notice of hearing, affidavit attestingto its publication in the official newspaper, and notice to ~e applicant. %Southotd Town Board of Appeals -2- October 26, 1967 The Chairman read the following decision on the original appeal: "After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient-frontage and area on both lots; and erect'a dwelling on each lot. The Board denies this application because of Article III,. Section 303, and Article X, Section 1000A of the Building Zone Ordinance, which governs the size and area of a lot. The Board finds that the circumstances involved here are a self~imposed hardship. The lot in question is just about large enough for one lot, and it would be in ~iolation of the spirit and intent ofthe Ordinance to divide this property in order to make two undersized lots with dwellings thereon. The Board also points out there is a lack of fresh water supply in this immediate area. The Board finds that strict application of the Ordinance will not produce Practical difficulties or unnecessary hardshi~ created is not unique and would be shared by all prq~rties alike in Re immediate vicinity of this property and in the same use dist~ct; and the variance does not observe the spirit of the ordinance and will not change the character of the district. Therefore, it was RESOLVED tha~ Robert-S. Pascale, Rabbit Lane, East Marion, New York~ be DENIRD permission to divide property with insufficient frontage and area and construct two dwellings thereon, on propert~ocated on the north side Rabbit Lane, East'Marion~ New Work." THE CHAIRMAN: On the original application the westerly boundary line was 180 feet; the easterly boundary line was 170 feet. The width was 111.56 feet on Rabbit Lane and 110 feet on Marion-Lake. One of the reasons for this rehearing is that these dimensions are .incorrect and at this hearing we will correct,hem. At this time is ~here anyone present who wishes to speak in favor of this application? SAMUEL GLICKMAN,EBQ.: I am an attorney in the Office DfCorwin and Glickman, at Greenport. As pointed out by the Board the situation is not the same as when this was originally submitted to the Board. We had on the east side 170 feet. We now get 215 ~eet. The west side which was 180 feet is 225 feet now. The area is 24,000 square feet, being 111.56 feet on Rabbit Lane and approximately the same size on Marion Lake. I would like to bring to the Board's attention the fact of an inadequate water supply. There will be no wells dug by Mr. $outhold Town Board of Appeals -3- October 26, 1967 Pascale. Number one, there is a common water supply that is owned by the Rabbit-Lane Property~Owners Association that supplies all the water to the area there. Anyone building a home becomes a member of the association and given the privilege ofhooking up to this water supply. There will be enough water supply. I don'tknow if the Board has looked into this. I talked to the'Chairman and explained it to him. What i~ left on Rabbit'Lane is one other useable piece of land. There is a piece 162 feet and one other piece 50 feet. The 162 feet in on the north side of the road and the 50 feet is on the beach. The rest of Rabbit Lane is built up. The average lot runs no more than 30 feet. There-are some 35 feet or 40 feet. We believe if this was a new area we could see where you would make us stick to the letter of the law. This development is about 35 years old. I'believe in keeping with the area. It would be a ~hardship upon him tobuild a home on this great area withoutgiving him permission to subdivide it this way. THE CHAIRMAN: When was the property bought by the present owner? S~2~UEL GLICKMAN,ESQ~W,.. This wasoriginally bought in partnership. Jack Schimatz and Robert Pascale bought it in March, 1966. They then sold 25 feet to the adjoining property owner on the east. M~.-Crowley bought 25 feet to build a garage. They also sold a number of feet to the man on BayAvenue. THE CPL~IRMAN: On the west side they sold some ofthe property? SAMUEL GLICE~L%N.,ESQ.: This is not contiguous to the property under question. THE CHAIRMAN: Was a variance granted for the 25 feet sold or wasn't it necessary? SAMUEL GLICKMAN, ESQ.: It was not'necessary. THE' CHAIRFk%N: This is part of the hardship? SAMUEL GLICKMAN,.ESQ.' There was another house be~een them. 0~r. Glickman presented a survey map showing the property~under application, the adjoining property owners, and what property had been sold by the applicant and his partnerl) ~outhold Town Board of Appeals -4- October 26, 1967 THE CHAIRMAN: Is there anyone else present who wishes to speak for-this application? ~(There was no response.) THE CHAIRMAN: I have a letter of objection which I will read at this time. "360 Lake View Terrace, Box 247, East Marion~ L.I.,New York, 23 October 1967. Southold Town Zoning Board of Appeals, Town Office, Main Road, Southold, L.I.~New York. Reference: Appeal No. 1140 of October 26, 1967 Gentlemen: I wish to register my opposition to the granting of approval of a variance in this case. My reasons for this opposition are as follows. The property in question is of sufficient frontage to satisfy the requirements of the Zoning ordinance. The majority of the depth or'he property in question has been artificially created by a massive dredging operation in Lake Marion in callous disregard for the ecological balance of the lake. In as much as the bulk of this parcel is composed of fill from the lake, the question of sewage disposal may ~ese a serious problem if pollution of the lake is to be avoided. The Granting of variances for parcels of insufficient frontage held before the adoption of the Zoning Ordinance in 1959 is reasonable, however the appellant took title to this parcel subsequent-to that time and must havga orlshould have been aware of the requirements of the Zoning Ordinance. The dredging operations in the lake~ create the bulk of the depth of this parcel were undertakenbefore the appli- cation for a variance was made so that the hardship plea so frequently evoked in situations like this can be said to be self imposed, and hence not a justifiable consideration. Southold Town Board of Appeals October 26t 1967 While it is true,at most of the houses andcottages in 'the area are on parcels of less area than that required by the present zoning ordinance, the character of the area may be a legitimate consideration. Howeverthis should be a valid con- sideration only forthose parcels existing before the adoption of the zoning Ordinance in order that a house or, cottage may be built thereon~.but not necessarily forpurposes of subdivision. If the zoning ordinance is to provide any.long term benefit to the Town this view should Obtain or it will ~egenerate into a mere nuisance formality to be circumvented by the necessary paper work. tf this variance is granted it will be made to appear that dredging of the lake to create land for subdivision purposes is a profitable undertaking and couldres~tin Lake Marion becoming merely a source of fill and a serious pollution problem. ~$t~should be made clear, that 'this is not to be the case and the best time to establish this principle is t~e first time it occurs, namely~ now. I strongly urgethat the Board, or its Representative, inspect the site itself to verify the validity of my objections before rendering a decision on this application. "Respectfully yours, /s/ Edward'F. Pohlig, 129 Staples Street, Farmingday, LI, New 'fork 11735." SAMUEL GLICKMAN,ES~.: Where is his Property situated now? MR.'.'HULSE: He is up on the Bill. THE CHAIRMAN: The address iS 360 Lake View Terrace. HOWARD TERRY: Lake View Terrace runs inoff Bayview Road. SAMUEL GLICKMAN,ESQ.': May I say something. Number one, the dredge taking the fill from the lake did not fill the greatest protion of the area in question. We had, as you said, 170 feet, that became 215 feet; and 180 feet that became 225 feet. They were not increased for the purpose of obtaining any Variance. THE'CHAIRMAN: We were down there and we hadassumedthe original dimensions were correct. Now you say~atthey have 225 feet. It looks like one-half of the land was increased by fill. $outhold Town Board of Appeals -6~ October 26, 1967 '~A~IUEL GLICKF~Ni, ESQ.': We did'not create the greates~ portion ofthe area. We had started this long before without thinking we would run ~nto trouble. There were plans for bulkheading. Before one bulkheads you have to dredge. MR. DOYEN: The dredging was for the purpose of bulkheading, not for.the increase of the area of the land? SAMUEL GLICKMAN,ESQ¥: No. THE CHAIRMAN: There is s~ill the question of sewage disposal. MR. HULSE: The health department willtake care of that problem. THE CHAIRMAN: It/would appear that-before they came in here the two partners divided 273 feet and this one wishes to divide the 111 feet remaining, roughlyone half of the requirements. This is in contradiction to the final basic concept of zoning~ It is the problem of frontage that we are concerned with. We've had various situations that existed prior to the ordinance. We have never created two new lots that were undersized in road frontage. The, basic concept~of zoning was the size of the lots in relation to larger~houses being built. SAMUEL GLICENAN,ESQ~:~ Let me bring to theBoard*s attention if we put a house on 111 feet by 225 feet in there, there will be no chance for sale or renting. This variance will not harm the area, it will not harm the watersupplyor the sewage. There is nothing thatwo.uldn't allow a variance to imprlove the area. Let me bring to the Board's attention a map that was not filed many years ago. They are 25 foot lots. If this map ha~ been filed~ these lots could be built-on. T~R.G{AIRMAN: If the map was made part of the Ordinance. SAMUIE GLICKMAN,ESQ~: There is nothing in this area that wouldn't be improved by putting two houses up there instead of one. Even though this is a self imposed hardship. THE' CHAIRMAN: I agree it would probably improve the area. Southold Town Board of Appeals -7- October 26, 1967 MR. HULSE~ I think that it would be un~air to make him build one hous~ on here. He has enough area for two houses. THE CHAIRMAN: The question remains of permitting somebody to use 50 feet where 100 foot is require. We are not just rendering a service to somebody who has a hardship. This land was subject to theZoning Ordinance when he made improvements. I assume he knew something about theZoning Ordinance. Reg~rless of the fact~at'now two houses would increase the property values in the area, we are still up against the thing the width is not wide enough. We have made variances where there is a width of 180 feet, and there-was plenty of area. I would be glad to hear from the rest of the Board on this. MR. BERGEN: I feel the same way you do. SAMUEL GLICEFaZ~,ESQ.: I don't'think'zoning was made to penalize people. I don't believe in this case that. the zoning shou~ follow the strict letter of the law. I could go tell my client to go back and get some more fill and get 25,000 square feet. Because of.granting what he has does not open the door for e~eryone else. Earth situation is unique as I have pointed out before. If we could rectify the mistake we would. THE CHAIRMAN: I am nottoo concerned with the fresh water supply. That was explained. I am concerned with this Board granting a variance that is only 55 feet wide. This man created this situation with a partner. Then this man asks to subdivide this up. SAMUEL GI~ICKMAN,ESQ.: We only have two lots left. THE CHAIRMAN: It's not a hard jobhere to asgue financial hardship. Financial hardship does not stand up. I think, we should reserve decision~on this to consult our attorney. SAMUEL G~ICKMAN,ESQ.: Ifwe added another 12½ feet to each lot and make them 68 feet, wou~that change the Board's opinion? THE CHAIRMAN: Not mine. We want at least 100 feet frontage in a new situtation, unless there is a topography problem. In order to give you every chanc~, we can reserve decision. Southold Town Board of Appeals -8- October 26, 1967 THE CHAIRMAN: I have another letter here to read. "Southold Town Board of Appeals, Main Road, SoUthold, LI., New York, Oct. 24th 1967. "Re: Appeal No. 1140. Oct. 26th '67 "Gentlemen; ~ "As owner of ~ery .desirah~ property, water-fronting and ov~erlooking MARION LAKE, I wish to go on record as being defin- itely opposed to the variance sought_ in 'the subject appeal. "The zoning as it now stands seems fair to present property owners in the vicinity,~ most of whom are owners of long record, and should not be changed. "Respectfully,. /s/ W~er E. Robinson." MR. DOYEN: As there are some very. fine destinctions here, I believe we should consult our attorney. I think this would be a better~ course of~ acti~on. MR. GRIGONIS: I would be willing to go along with it in this areau but it could set a precedent in some other' area where it wouldn't fit in. THE CHAIRMAN: We will postpone decision on this. SAMUEL GLICKS~,ESQ.: There is no~ other vacant piece of property in this area except for what I mentioned. THE CHAIRMAN: And there isa 50 foot strip down on the beach P SAMUEL ~ICKMAN~ESQ.: The 50 foot will not-be built on. On motion by bit. Gillispie, seconded by Mr. Hulse, it was RESOLVED that decision on Appeal No. 1140, Robert Pascale, East~4arion~ New 'fork, be RESERVED until a later date. Vote of the Board: Ayes:- Mr. Gillispiet Mr. Bergen, Mr. Hulseu Mr. Grigonis, Fir. Doyen. Southold Town Board of Appeals -9- October 26, 1967 PUBLIC P~.ARING: Appeal No. 1145 - 7:45 P.-M..~.D~S.T.), Upon application of~Robert Hyatt, Southold, New-York, a/c William Wurtz, Horton Point SouthOld, New York, fora variance in accordance with the Zoning Ordinance,Article ~II, Section 300, Subsection 6~ for permission to build an accessory'building in the front-yard ar~ Location of property: north side-Private Road (Hyatt Road)~ Southold, New York, bounded north by'Long Island Sound, east b C. Ocane, south by Right of Way, west by-W.L. Mandel. Fee paid $5.00. The Chairman opened thehearing by reading the application fora variance, legal' notice of hearing, affidavit attesting to its publication in the official~ newspaper, and notice to,he applicant. THECHAI~$~%N: Is-there.anyone present who wishes to speak for this appplication? (There was no response.) THE CHAI/~IAN: Is~Mr. Hyatt here? (There was no response. ) THE CHAIRMAN: I~ will speak for it. the area. I have investigab~d Is there~anyone ~resent who wishes to speak against this application? (There was no response.) After investigation and inspection~the Board'finds that the appl~c~.~equests permission to erect a detached garage and'sto~age building in the front yard area. The Board finds that the lot-~ question is a~ waterfront lot-which raises sharply from the road and from the waterfront toward the ~center where the presen~ dwelling is located , thus makinq it impossible to lOcated the proposedgarage in the legal rear yard area. This variance will not change the character of the district in view of-the fact there are other garages in the front yard area in this immediate vicinity. Southold Town Board of Appeals -10- October 26, 1967 The Board finds-that strict application of the'Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique_ and would not be shared by all properties alike in the immediate vicinity of this property and in the sam~-use district; and the variance does observe the spirit of the Ordinance and will not change~the character of the district. On motion by'Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Robert Hyatt, Southold, New York, a/c William Wu, rtz, Ho~ton Point, Southold, ,New York, be granted permission to erect an accessory building in the fonrt yard area on property located on the n~rth side Private Road (Hyatt Road), Southold, New York, sub3ect to the following condition: At no'time in the future may this gasage be used for living quarters. q VOte of the Board: Ayes:- Mr. Gillispie , Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1146 - 8:00 P.M~(E,B~S~T.), Upon application of Fred Adler, 18 Lion Lane, Westbury, New York, for a variance in accordance with the'Zoning Ordinance, Article III, Section303~ Article'X~ Section 1000A, for permission to divide property withinsufficient frontage. Location of property: north east side Lake Side Drive, Lots number 77 and 78 inCedar Beach Park Subdivision, Southold, New York. 'Fee paid $5.0~0. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit~a~ttesting to its publication ~n. ~he official newspaper, andnotice to the~pplicant. THE CHAIRMAN: This on on, of the.-maps thatwas included in the Zoning 8rdinance. Basically that isle only difference from thisapplication and the previousk? application. MR. ADLER: Actually ifwe were to follow the original map that was filed there would be very little left of lot 77, but between the twothere is enoughtarea to comply with the Zoning requirements. Southold Town Board of Appeals -11- October 26, 1967 MR. DOYEN: Was the canal dug after the ~map was filed? MR. ADLER: Yes. THE CHAIRMAN: The canal was dug in 1955, right? MR.- ADLER: Right. This was 180 feet~and this new map shows only 150 feet. THE CH~: What do you think will happen to this prop~ty in the future? MR. ADLER: We intend to bulkhead the property. We can't go beyond the 70 feet. now. MR; DOYEN: You will pick up some area when you bulkhead. H(NFARD TERRY: He might gain about 10 feet on that. MR. HUASE: You only have about 60 feet on that lot line MR. BERGEN: It will be built on the wide part of thelot? THE CHAIRMAN: Yes. This lot ~ill be sold to a relative. ADLER: I expect to sell it to a relative. THE C~A~: Is there anyone' presentwho wishes to speak against this application? ~(There was no response.) After investigation and inspection the Board finds that the applicant requests permission to divide propertywith insufficient frontage. The applicant is the purchaser~ under contract, of lots number 77 and 78 in Cedar Beach Park. Prior to the enactment of the Zoning Ordinance, a canal was dug. reducing the~rea oflot number 77. The applicant wishes to revise the div~ property MR. ADLER:I would like to make an even~vision since the second one complies. MR.~ BERGEN: Will thc house face the creek or the road? THE:CHAIRMAN: It will face the creek. Southold Town Board of Appeals -12- October 26, 1967 line so that both lots 77 and 78 will have a more equal distribution of land area. Lot number 78 will have a frontage of 75 feet, the balance of the frontage will go to lot 77. The Board finds that erosion of the original property made it necessary to present this application. The applicant proposes to b~head the waterfront on lot 77 which should eliminate any further erosion. The area of both lots is in excess of the minimum required by theZoning Ordinance. The Board finds that strict application of theOrdinance will produce practical difficulties.or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance' does observe the spiritof the Ordinance and~ill not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Fred Adler, 18 LionLane, Westbury, New York, be granted permission to divide property with insufficient frontage as follows: lot number 7~will have a frontage of 70 feet; the balance ofthe frontage will go with lot 78. Location of property: ~orth east side Lake Side'Drive, lot number 77 and 78 in Cedar Beach Park~ 8outhold, New York. Vote of the Board: Ayes:- Mr. Gillispiea F~.. Bergen, Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC HEARING: Appeal No. 1147- 8~15 application of Joseph J. Decker, NassauPoint Road, Cutchogue,' New York, fora variancein accordance.with'the' Zoning Or. dinance~ Article III~ Section 307, for permission to constructla dwelling" with insufficient side yard. Location of property: west side Wunneweta Road, Nassau Point, Cutcho~ue, New York, lot number 299 in "Amended Map A of Nassau Point." Fee paid $5.00. The'Chairman opened the hearing by reading the application for a mq~9 variance, legal n~ice of hearing,:affidavit attesting to its publication in the official newspaper, and notice tothe applicant. Sou.thold Town Board of Appeals -13- October 26,1967 c THE CHAIRMAN: Is there anyone present who wishes to speak in favor of this application? MR. DECKER: The reasoning in the application wasn't very good. The rea~ reason I guess was my own fault. I ask Mr. Uan Tuyl to give me post and markers at every 100 feet. They were located from the rear line. When they set the lines I wou~d up as it is now. CHAIRMAN: You have~ one side yard of about 25 feet. MR. DECKER: The house isn't entirely the way I want~it to be. These ~w~ red markers started from the back line, which would seem a little larger this way. I shouldhave measured it myself. THE CHAIRMAN: We ca~understand how it could happen. Is there anything else you would like to add? MR. DECKER: I feel that it will not harm anyone in the neighborhood. THE CHAIRMAN: Regardless of whether there is anyone in the .neighborhood or not, we would have to deny this. If a line is to be 10 feet from another line and someone makes a mistake, where to you extend the mistake, 5%, 10% 50%? The first case we had was six inches too close to thelline and we required him to move the house back. We haven't varied that. It is a self-imposed hardship. In this case I think you made a legitimate mistake. The only thing that we could find out that could he~p you is that the two car garage is in excess of thearea you need for two cazs. You will have to take some off the garage. I don't know any other way around this problem. MR. HULSE: Could you buy some land fromthe adjoining property owner? MR. DECKER: I don't know. I don't know if the man would want to sell it. (A~disucssion was held on a solution to obtaining the sufficient side yard area. required.) THE CHAINMAN:Is there anyone present who ~shes to speak against this application? (There was no response.) Southotd Town Board of Appeals -14- October 26, 1967 After investigation and inspection the Board fin~s that the applicant has constructed a dwelling too close to the side property line, The Board finds the hardship involved in this case is a self imposed hardship created by the appliCant. There is ample area and frontage on the lot in question to locate the subject~premises to complywith all zoning regulations. The Board suggests that the applicant try to obtain additional property f, rom the adjoining property owner. If this is not possible the applicant shall remove that Dart of the garage that is in violation, so there will be a minimum of 10 foot side yard. The Board finds that~strict application of the Ordinance will not produce practical difficulties or unnecesaary hardship; the hardship created is not unique and would be shared by-all properties alike in the immediate vicinity of this property and in the same use district;-and the variance does not observe the spiritlof the'Ordinance and will change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Joseph J. Decker, Nassau PointRpad, CutChogue, New York, be denied permission to maintain a dwelling with.- insufficient side yard area on property located on lot~number 299 in "Amended Map'A of Nassau Point", ~W~west side Wunneweta Road, Nassau Point, Cutch0gue, New York. The applicant shall correct this violation ~ithin 120~days from the date of this action~ Vote of the Board: Ayes; - Mr. Gillispiei Mr. Bergen, Mr. Hulse, Mr. Grigonis, Mr~ Doyen. PUBLIC HEARING: Appeal No. 1148- 8:30 P2M~(E.D.S,'T.), Upon application of Marian Columbus Club, Inc., Depot'Lanel- Cutchogue, New York, for a special exception in accordance with.theZoning Ordinance, Article III, Section 300, Subsection 5 (c)~ for permission to.erect a fraternal clubhouse. Location of property: east side'Depot'-Lane, Cutchogue, New York, bounded north by Halecki, east by Zeneski, south by Bialecki, west by Depot Lane. No fee required. Southold Town Board of Appeals -15- October 26. 1967 TheChairman opened the hearingby reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. THE CHAIRMAb~: How big is this building going to ~e? MR. ORLOWSKI: It will be about 50 feet by 100 feet. We haven't drawn up any plans yet but in the talking stage it would have to be 50 feet by 100 feet, with kitchen facilities in addition. MR, HULSE: Will you have kitchen facilities in the basement? MR.. ORLOWSKI: No, we would rather have kitchen facilities off the hall on the main floor level. THE CHAIH~AN: Would that affect fire insurance? HOWARD TERRY,Building Inspector: If they are going to use it for public affairs it will have to meet certain requirements. THE CHAINMAN: Whatwe might be concerned with is parking facilities. How far back from the road will this building be~ MRj ORLOWSKI: It depends. MR. SCHMITZ: For meeting nights~':~we would have parking in the front. Other special events we would use parking facilities in the back. THE CHAIRMAN: How many would you have at a meeting? MR~ SCHM_ITZ: There are about 90 members in. the Council. THE CHAIRMAN: What is the attendance, about 50%? MRj SCHM~TZ: Not quite that. We also have the'Columbianettes. THE CHAIRMAN: What are the Columbianettes ? MR. SCHMITZ: They are the woman auxiliary. There are about.~0 of them. I don't think there has been more than 150 people at one time. Southold Town Board of Appeals -16- October 26~ 1967 HOWARD TERRY:.They would have to have parking facilities for 73 cars. MR.' ORLOWSKI: How much area does that involve? NOWARD TERRy: A little under an acre, including the driveways. THE CHAIRMAN: The azea of this land is 2..05 acres. MR. OR~OWSKI: I think that can be worked out. MR, HULSE: How close is this property to the church? HOWARD TERRY: Aboutone quarterof a mile. MR, HULSE: You would want to set .it back behind the houses on that~street, THE CHAIRMAN: You could set it back 75 feet-or' maybe 100 feet, MR, ORLOWSKI: We could set it backl00 feet, HOWARD TERRY: There will be no overcrowding of land. THE CHA~: .If we suggest that you set back 100 feetwould that be too far. HOWARD TERRY: They wouldn't have to set back that far, MR, ORLO~SKI: We really don't know where we want to locate the building on the property, THE CHAIRMAN: All parking would have to be off street parking, I think the setback should be at least 100 feet. MR, 0RLOWSKI: We think we would want it back 100 feet, MR, HULSE: Will this building be a single story? MR. ORLOWSKI: Yes, single story. THE C~: The area is a4equate for park, lng. The bui%ding inspector should approve some kind of pavement. There will be no smoke or noise coming from the building.~ Is there anyone present who wishes to speak against this application? (There was no_~e~ponse.) Seuthold Town Board of Appeals -17- October 26~ 1967 After investigation and inspection the Board finds that the .applicant requests permission to erect and maintain a fraternal clubhouse~ approximately 50 feet by 100 feet in size~ on 2.085 acres of land. The Board finds that the use will not interfere with the probable development of thedistrict; that the area of the property in question is sufficient for parking at least one hundred vehiclesa which is in excess oft he formula arrived at for 73 vehicles for a building 50 feet by 100 feet; the plot area is more than adequate and.there will not be an overcrowding of land. The Board finds thatthe Marian'C~umbus Club, Inc. presentlymeets at'Out'Lady of Ostrabrama' Church which is about one-quarter m~le from the property in question. The Board suggests thatthe building shouldbe located at least'100 feet from the front property line on Depot'Lane. The Board further suggests that the applicant consult with the Bu/~ing Inspector before making final plans for building and surfacing plans for. the parking area. The Board finds that the public convenience and welfare and justice will be served and the legally, established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit or'the Ordinance will be observed. On motion by Mr. Grigonis,. seconded by Mr. Doyens. it was RESOLVED Marian'Columbus Club,, Inc.~ Depot I~ne, Cutchogue, New York, be granted permission to erectand maintain a fraternal clubhouse on property located on the east side Depot-Lane, Cutchogue~ New York, as applied for. Vote of the Board: Ayes:-Mr. Gillispie,. Mr. Bergen~ Mr. Hulse, Mr. Grigonis, Mr. Doyen. PUBLIC PIEARING: Appeal No. 1149 - 8:45 P,~M.~[E.D.S.1To)i~. Upon application of Robert-Waddington,. Jr..~. Fishers Island~ New York., a/c Bradford Burnham, Fishers Island,~ New York~ for recognition of access in accordance with the' State of New York Town~ Law, Section 280A. Location of property: north side private road~. Pennisula.~. Fishers Island, New York~ bounded north by Burr~ east by'R~th of way-Burr, south by VBurr, west by-West Harbor. Fee paid $5.00. Southeld Town Board of'Appeals -18~ October 26~ 1967 The-Chairman opened the hearingby reading the application for recogniti~ of access, legal notice of hearing~ affidavit attesting to its publication in thelofficial newspaper~ and notice tothe applicant. THE CHAIRMAN: Is there anyone preset who wishes.to speak for this application? HOWARD TERRY~Building Inspector: I will state this for the record. I was over to Fishers Island on Tuesday and I looked over the work that they did so far, They put in a two inc2~ heavy duty water line which is going to serve the new house and two houses behind it. The road has been widened. There is still one big locust-~ree that has to be taken out. I talked to him and he said ~ey wouldget it out of there. The Planning Board has looked~this situation over'and they have instructed Mr. Burr not to sell any'more lots. He will have to file a new subdivision map and bzing the lots up to standard size. In view of the fact that Mir. Burnham has had this lot in single and separate ow~rship the Planning Board has referred it to the Board of'~Appeal~ under Section 280A, stating that the right of way should not be less than 20 feet. THE~CHAIRMAN: Are they filing a map? HOWARD TERRY: I haven't heard from him any more. The Chairman read the following~letter: "October 4, 1967~ blt. Elbert Burr, 116 Roosevelt'Avenue~ Hasbrook Heights~ New Jersey~ "Dear"Mr. Burr: "The Planning Board has looked over your map of the Penninsula, Fishers Island~ New York, dated 1913; revised October~. 1951; revised July~ 1953; and revised September 1967. "The Board has d~terminedthat this map is so obsolete that a new map must be filed before any further ~ivision of land is made. All lots will have to have frontage of at least 100 feet~on the access road and meet the minimum area requirements. (12~500 square feet with adequate public'water, or 20,000 square feet without public water.) All roads must be cleared and improved at least to we feet wide, possiblywider depending on the final number of lots involved. Sou~old Town Board of Appeals -19- October 26~1967 "The New York'State Real Property'Law requires the filing of a map prior to thesale of lots, and the Town of:$outhold has just revised theirRules and RegulatiOns fortheSubdivisionofLand. Ali property division andsales fromOctober 1, 1967 are subject to these ~quirements~ No building permits will be issued without this approval. "In the matter of Mr. Burnham~'s lot~ the Boardfecognizes prior ownership and will' recommend that the Board of Appeals handle the approval ofaccess to this single lot under the provisions of the New York'State Town'Law~ Section 280A, With a minimum road width of 20 feet~ cleared'and g~aded. "Very sincerely~ John'Wickham~ Chairman,-Southold Town Planning Board." THE'CHAIRMAN: How can we tell where the road goes wi~Dut a plan. HOWARD TERRY=~ You grant'temporary access of the existing road that/s about 60% where it should be. There is one loop that goes around a big rock-that doesn't show on the original map. The Planning Board may require a new road in a new location. MR. DOYEN: I think the present owner would rather have temporaryapproval anyway. The~ a~e not sure where they want to lay out the remaining property. T-HE' CHAIRMAN: How long before Mm. Burr would layout the rest of this property? HOWARD TERRY: It maybe years. THE CHAIRMAN: HOWARD TERRY: MR,~ HULEE: We How do you define the road? As it is~ defined on themap. wouldn't have to use temporary at alt. THE CHAIRMAN: It would be temporary.until the-map is filed. (Howard Terry presented an overall map of'the entire areaa showing the property in question and the remianing~ property owned by Mr. Burr. ) THE CHAIRMAN: Is there anyone present who wishes to speak againstthis application? '(There was no response.) Southold Town Board of Appeals -2'0- October 26, 1967 After investigation and inspection the Board finds that the applicant requests approval of access. The Board grants access as applied for on a temporary basis~ as shown on a map-called "Plan of Pennisula at Fishers Island,"dated 1913; revised October 1951$ revised July 1953; revised September, 1967. The temporary access~hich is to be at least 20 feet-wide and should allow for the passage of emergency vehicles is roughly defined by'Chandler & Palmer, liscense surveyors~ on the revised map presented with the application. The map shows temporary access from Pennisula Road to the property in question , being lots 33 & 34 on the original ~9~map. It is understood that temporary access will exist until a map is filed as outlined by the Planning Board~ letter of October 4~ 1967 to Mr. Elbert Burr. Granting of temporary access is a relief of hardship occassioned by situations thathave existed for many years. The Board ~nds that stirct' application of the Ordinance will produce practical diffic~ties or unnecessary.hardship; the hardship created is unique and would not be shared by all properties alike in ~he immediate vicinity of this property and in~e same use district; and the variance does observe the spirit of the Ordinance and will not change the character ofthe district. On motion by Fnc. Gillispei, seconded by Mri~ Doyen, it~as RESOLVED Robert Waddington, Jr., Fishers ~wIsland, New York, a/c Bradford Burnham, Fishers Island~ New York, be granted temporary recogntion of access as applied for on property located north side private road, Pennisula, Fishers Island~ New York. This access should be subject to %he final approval of the Southold Town Building Inspector. Vote of the Board: Ayes:- Mr. Gillispie,. Mr. Bergen~ Mr. Hulse~ Mr. Grigonis, Mr. Doyen. On motion by ~.r. Gillispie, seconded by Mr. Hulse,. it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. ~.S.T.), Thursday~ November 16,. 1967a at the Town Office, Main Road, Southold~ New York, as the time and place of hearing upon application of North Fork~Lions Club,. Greenport, New York, for a special exception in accordance with the Zoning Ordinance~ Article III, Section 300, Subsection 10~ for permission to erect and maintain the follow~ off premises signs: 1) a combination Rotary Club and Lions Club sign located on the property of King Greenport Associations. Location of property: south east side Southotd Town Board of Appeals -21-- October 26~ 1967 Route 27A andChapel Lane, Greenport, New York~ bounded north by'North Road (CjRj 27A)~, east by~illage property-Ale.' Pauli~ south by'Old Highway-Long Island Light~ west byChapel Lane~, 2) a combination RotaryClub sign and' Lions'Club sign~ located' on the property of Fleet-Lumber,~ Inc. Location of prc~rty: south side Route 25, Greenport,. New York~ bounded north by Main Romd~ (Rte. 25)~ east.byAndrew Cassidy, south by Railroad, west by Robert-Brown. Vote of the Board: Ayes:- ALL On motion by Mr, Gillispie~ seconded by Mr. Bergen, it was RESOLVED that ~e Southold Town Board of Appeals set 7:4.5 PjM.i~(E.S.-T.)i~ Thursday,~ November 16. 1967. at-the Town Office, Main R~ad~ Southold~ New York~ as ~he time and place of hea~ng .upon applicationof Ivan T. Honnett. 147 DavisAvenue. White Plains. New ~ork.~ for a variance in accordance with the' Zoning Ordinance,. Article X~ Section 1007. Subsection Ej & F. for pemmissi0n to rebu~d a non-conforming dwelling on a small lot with two dwellings thereon. Location ofproperty: Orchard Street and Third,Street, New Suf~olk. New Yorka b~unded north by Orchard Street. east by Third Street. so~th by Joseph Kapp, west by J.E. Cannell. Vote of the Board: Ayes:-ALL On motion by Fir. Gil!ispie~ seconded by Mr.. Bergen, it was RESOLVED that-the minutes of the~Southold Town Board of Appeals dated October'll. 1967~ beapproved as submitted. Vote of the Board: Ayes:- ALL The next-regular meeting of the Southold Town Board Appeals will be held at 7:30 P.M.i~ Thursday.,, November 16,1967~ at the Town Office, Main Road. Southold, New York. The meeting was adjourned at 10:00 P.M. Respectfullysubmitted,~ Southold Town Board of Appeals